Legal Research

Landmark Agreement on First Nation Jurisdiction

By Simon Fodden

On Monday an agreement was concluded between the Teslin Tlingit First Nation, the federal government, and the government of Yukon, according the First Nation the power to pass certain laws and to administer justice on its lands. Yukon has signed a number of self-government agreements with First Nations, the Teslin Tlingit among them, but this is the first justice agreement, and the first in Canada. According to the CBC report, the new justice system will apply to the First Nation’s citizens, wherever they may be in Yukon, and also to non-citizens who are on Teslin Tlingit lands.

The text of the agreement should be posted on the Teslin Tlingit website this evening. In the meantime, interested readers can obtain a copy from Slaw [PDF].

Importantly, clause 5 of the agreement provides for the establishment of the Peacemaker Court with “original jurisdiction to:”

• 5.1.1 resolve or adjudicate disputes arising under Teslin Tlingit Law; and
• 5.1.2 resolve or adjudicate violations of Teslin Tlingit Law; and
• 5.1.3 exercise all the powers conferred and perform all the duties imposed by or under Teslin Tlingit Law in relation to matters before it.

The Court — and the new justice system as a whole — are said in the agreement to be founded on:

the traditional Tesiin Tlingit clan processes for resolving disputes which retain holistic approaches respecting conflict resolution to achieve healing, rehabilitation and harmony within the Teslin community; and

be guided by the principles of Ha Kus Teyea which embody respect, fairness, integrity, honesty, responsibiììty and accountability.

The agreement does not oust the jurisdiction of the Yukon Supreme Court, to which an appeal my lie from the Peacemaker Court.

Full post as published by Slaw.ca on February 23, 2011 (boomark / email).