Abstract
Because Yukon is established by an Act of Parliament, is it possible Ottawa could abolish it or alter the government’s powers at will? The question of the legal position of Yukon in the federation is not straightforward. This article considers three pillars supporting the normative constitutional status of Yukon. The first is a review of functionality, which suggests that today Yukon operates essentially like a province. The second pillar is permanence. It is suggested that the structure of public government, the democratic rights of Yukoners, and the rights of Yukon First Nations, together operate to limit Parliament’s power to unilaterally change the Yukon Act without the agreement of the people of Yukon. The final pillar is sovereignty. As a result of devolution and responsible government, it is suggested that the Yukon government’s sphere of power is now protected from unilateral interference by Parliament. While there has been no constitutional amendment, these pillars support an interpretation that the “constitution-in-practice” has been altered. At the same time, the majority of Yukon First Nations have constitutionally protected rights and are now self-governing. This article concludes that the traditional binary view of the federation comprised of provinces and the federal government needs to be reimagined. The normative constitutional framework must embrace a broader vision that accommodates asymmetries in status and authority, acknowledges a permanent and sovereign place for Yukon and the other territories, and makes space for participation by Indigenous Peoples in governance of the federation.
Highlights
Because Yukon is established by an Act of Parliament, is it possible Ottawa could abolish it or alter the government’s powers at will? The question of the legal position ofYukon in the federation is not straightforward.This article considers three pillars supporting the normative constitutional status of Yukon
As a result of negotiations over several decades, eleven of the fourteen Yukon First Nations have entered into modern treaties and have self-government powers.[18]
It is against this backdrop that the constitutional status of Yukon within the federation is examined
Summary
As a result of negotiations over several decades, eleven of the fourteen Yukon First Nations have entered into modern treaties and have self-government powers.[18] It is against this backdrop that the constitutional status of Yukon within the federation is examined. There is an acknowledgement that there is a place for Yukon—and the other territories as well as Indigenous governments—to participate in governance in the federation, despite asymmetries in status and authority This normative account of the Canadian political existence invites us to invoke our “constitutional imagination”[25] to reveal “new ways of conceiving the boundaries of practical political action”[26] to ensure an inclusive and democratic society for all Canadians
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