Aboriginal self-government, extra-territorial powers, and the BC treaty process

British Columbia has pursued a land-based jurisdictional model since the province became engaged in negotiating treaties with BC First Nations. This approach recognises a Treaty First Nation’s right to exercise law-making authority over a defined land-base but not beyond it. Because a substantial number of First Nation members reside off-territory, this territorial approach has created governance problems beginning with a policy distinction based on residency, but which also includes jurisdictional, funding, and servicing gaps, as well as socio-cultural challenges associated with being dislocated from one’s nation of origin. Emphasising efforts to alleviate the servicing gap, a jurisdictional scan of current practices, stakeholder interviews, and a review of the literature regarding indigenous governance practices and minority rights within pluralistic societies are used to devise a funding strategy and determine policy alternatives for improving and expanding extra-territorial service delivery. The alternatives are evaluated using a multiple-criteria analysis, and a recommendation is made.