Rethinking the Jurisdictional Divide: The Marginalization of Urban Aboriginal Communities and Federal Policy Responses

Abstract

According to Section 91(24) of the Constitution Act, 1867, the federal government has jurisdiction over “Indians and Lands reserved for Indians”. Nonetheless, as the cost of providing social programs to Aboriginal peoples has increased, and as more Aboriginal peoples have left reserves, the federal government has come to limit access to social programs primarily to reserve residents. As the percentage of the Aboriginal population living in urban centres has grown rapidly, from 7 per cent in the 1950s to about 50 per cent today, this has become a significant issue for both Aboriginal people and provincial governments.