When Jurisdictions Collide: Provincial Law, Federal Power and First Nations in Canadian Constitution

Conflicts between provincial legislation and federal jurisdiction over First Nations sit at one of the most technically demanding intersections of Canadian public law. These disputes require more than a general understanding of Indigenous rights or federalism. They require lawyers to work through overlapping constitutional doctrines, including section 91(24), section 35, section 88 of the Indian Act, interjurisdictional immunity, federal paramountcy, treaty protection, and the constitutional limits on provincial laws of general application.

This webinar examines how constitutional principles are used to resolve conflicts where provincial laws affect First Nations, reserve lands, Aboriginal or treaty rights, Indigenous self-government, or federal legislative schemes. It considers the practical difficulty of determining when provincial legislation applies, when it is incorporated or limited by federal law, and when constitutional protections require the law to give way.

Participants will develop a structured framework for analysing jurisdictional conflict in Indigenous law. The session focuses on how to identify the source of the conflict, select the relevant constitutional doctrine, and apply legal principles in a careful, defensible and practice-ready way.

Key Topics Discussed:

• Federal jurisdiction over First Nations and reserve lands
• Provincial laws of general application and their constitutional limits
• Section 88 of the Indian Act and incorporation of provincial law
• Section 35 Aboriginal and treaty rights
• Treaty protection and limits on provincial legislative effect
• Federal paramountcy in Indigenous law disputes
• Interjurisdictional immunity and the protected core of federal jurisdiction
• Reserve lands, land use regulation and provincial authority
• Indigenous self-government and federal legislative recognition
• Conflicts between provincial regulatory schemes and federal Indigenous legislation
• Distinguishing applicability, operability and constitutional validity
• The role of purpose, effects and impairment analysis
• Practical analytical frameworks for resolving jurisdictional conflicts
• Litigation risks in overlapping federal, provincial and Indigenous authority