Aboriginal Self-Government in Australia and Canada

Sam Coghlan was Deputy Director and Senior Consultant of the Thames Ontario Library Service Board, Southwestern Ontario.

This work is a background piece that provides information on examples from other countries for those involved in the current dialogue between native organizations and the first ministers of the governments of Canada on the subject of native self-government. Although it is published in a separate volume, it could justifiably appear as a long survey article in a respectable law journal.

The status of natives in Australia (the series uses the generic term “aboriginal peoples”) is presented well and in a comprehensive manner, with comparisons for the Canadian situation being pointed out where appropriate. Australia is well chosen as an example since, like Canada, it saw European settlers usurp the dominance of native inhabitants to evolve into a federal situation based on the British tradition of common law. The paper discusses the nature of indigenous peoples, how they are defined in law, and what constitutional recognition is afforded their status. The Australian treatment of the relationship of the aboriginal people to the land is covered, as well as aboriginal government and aboriginal customary law.

Similarities between the Canadian and Australian situations abound, but several differences are pointed out which can provide food for thought for those seeking Canadian solutions. The book serves well, also, as a general introduction to the Australian situation. Although it is quite comprehensive, some recommendations are made for further analysis. As a general Australian introduction, with comparisons to Canada, it achieves its aims admirably.