In Canada, an opposite approach was taken. custom name colorado rockies baseball shirt Aboriginal people in Canada, according to the law as it evolved in Canadian court decisions,
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on the basis of both sex and ancestry, contrary to the equal protection clause of the ICRA. The district court concluded that it had jurisdiction as the ICRA implicitly had waived sovereign immunity, custom name colorado rockies baseball shirt but it rejected relief as it felt that membership rules were vital to the tribe’s survival as a cultural and economic entity. The area of jurisdiction over the person is somewhat unsettled at the present time. Again, a number of tribal courts are limited by their tribal constitutions or codes either to tribal members only, or to a tribal member and another party where the latter voluntarily accedes to the jurisdiction of the tribal court. These limitations are self-imposed by the tribes, as they are not required by U.S. law, although the Bureau of Indian Affairs has fostered this form of restraint.
Tribal courts not fettered in these ways still have limits on their personal jurisdiction that have been imposed by Congress or tribal court decisions. It is clear that the IRA tribal court system, operating under tribal law and order codes or constitutions, dominates the Indian justice picture in the United States, and that there is obvious preference on the part of American Indian governments for this model. In addition, it would appear that this version of “tribal courts” possesses the most promise for and attracts the most interest from Aboriginal people in Canada. As well, the tribal court models sanctioned under the Indian Reorganization Act have the flexibility to incorporate and implement traditional methods of dispute resolution. For that reason, it is our conclusion that they should be examined more closely in order to determine the utility of that model for Manitoba’s Aboriginal people.
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