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A restrictive approach has been used by the Canadian Supreme Court when making vital rulings. Also, Guerin notes that the fiduciary principle significantly shaped the perception of the courts in regards to the government and the First Nations. Although the decisions made by the contemporary courts in Canada may be considered to be correct, the fiduciary interference can remarkably alter the outcome of decisions adopted by the Supreme Court.
In spite of the fact that the Federal government performs several functions, it is perhaps necessary to mention that the First Nations people should be provided with a comprehensive system. In any case, most of the desired features of a comprehensive education system are not present.
For instance, parental involvement, education acts, elected school boards, and education departments are some of the attributes of an education system that should be embraced by the First Nations system of education.
Conducting government policies and the overall pace of development are indeed affected by the fiduciary relationship between the Crown and the First Nations people. This implies that if the relationship between the two entities is not cordial, the pace of development may be equally downsized.
There is a need to establish an independent system of development that cannot be affected by a poor relationship between the Crown and the First Nation people. The scope of the responsibilities of the Crown should be revised accordingly.
When it comes to litigation, the government and the First Nation people are often in conflict. The processes of policy formulation and negotiation are usually cumbersome. However, there are quite several aboriginal parties that have agreed to share a common platform with the Crown. This is a step in the right direction.
For the first time, several unresolved issues were addressed by the First Nations Assembly before the start of the new Millennium. The Canadian government should assume a proactive role in harmonizing the relationship between the aboriginal people and itself.
Several rulings made by the Supreme Court were considered to be radical. It can be best described as judicial activism. When the court system was made an independent and sovereign organ, it transformed itself into a radical body, perhaps with the aim of demonstrating its powers. The most important role of a court organ should be to interpret the existing laws.
In spite of the unprofessional performance of the Supreme Court in some instances, it is still a vital organ of the federal government. The Indian and Northern Affairs Canada department should instead be scrapped because it is not necessary. Effectiveness of the governance system can only be ensured by maintaining a lean government structure that comprises of a small number of experts.
The most important issue should be to advance the needs and aspirations of the First Nation People. INAC should be fully recognized so that it can facilitate the role of uplifting the overall living standards of the aboriginal people. The Canadian government should foster development across the board irrespective of the beneficiaries.
However, the aspirations of the First Nation people should be given priority bearing in mind that the group must have gone through a difficult time. They too have the basic rights and freedoms just like other Canadians. It is interesting to note that some government departments are playing a key role in advancing the needs of the First Nation people.
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