What does the right of self-government extend to, as established in Pamajewon?

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The right of self-government, as established in the Supreme Court of Canada's decision in Pamajewon, extends specifically to activities that are integral to the society of Indigenous peoples before European contact. This principle reflects the need to recognize and respect the historical and cultural significance of traditional practices and governance structures that existed prior to European colonization.

In the context of this case, the court made it clear that Indigenous self-governance includes those activities that form a core part of their identity and societal functioning. This recognition is important in affirming the legitimacy of Indigenous governance systems that were in place long before the imposition of colonial laws and structures.

Understanding this aspect of self-government is crucial because it acknowledges the historical context of Indigenous rights and supports their autonomy over matters that are inherently tied to their cultural heritage. It ensures that self-governance is not defined narrowly but rather encompasses a broader range of activities that are vital to maintaining the essence of Indigenous identities and communities.

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