Reconciling Crown Legal Frameworks Program | Primer 5 - Legal Pluralism: Indigenous Legal Orders & Canadian State Law
27 September 2023
The 2019 Declaration on the Rights of Indigenous Peoples Act (“Declaration Act”) requires the BC government to “take all measures necessary” to ensure the laws of BC are consistent with the UN Declaration on the Rights of Indigenous Peoples, in consultation and cooperation with Indigenous Peoples.1 The BCLI Reconciling Crown Legal Frameworks Program supports the research and innovations required t. [...] Implementing the BC Declaration Act and achieving the goals of the 2022- 2027 Action Plan will require collaboration between Indigenous and Crown governments as well as the building and maintaining of respectful relationships between different and distinct systems of law. [...] One the constitutional relationship example is the Gwets’en Nilt’i between the parties and defines Pathway Agreement (“Pathway their respective powers, authorities, Agreement”) between the jurisdictions and duties.36 Within Tsilhqot’in Nation and the provincial the agreement, Canada and BC and federal governments. [...] Self- formally recognize the Council of determination is one of the guiding the Haida Nation as the governing principles of the agreement.32 body of the Haida Nation. [...] The The Pathway Agreement contains agreement also affirms the Haida milestones for recognizing Nation as the holder of Haida Title and implementing Tsilhqot’in and Rights, including inherent governance, providing for the roles rights of governance and self- of the state governments and the determination.37 Tsilhqot’in Nation in this process.33 Notably, the Pathway Agreement 3.