Une approche théorique des conceptions du fédéralisme mises de l'avant par les revendications d'autonomie gouvernementale autochtones comme éléments de remise en question du fédéralisme canadien

Aboriginal self-government and self-determination claims led Aboriginal theorists to put forward particular theoretical conceptions of federalism. This thesis seeks to determine whether the concept of federalism offers an analytical framework that allows a better understanding of the relationship between the Canadian state and Aboriginal people, and to assess in what ways conceptions of federalism, emerging from Aboriginal self-government and self-determination claims, question the practice of the Canadian federalism. To achieve these objectives, the analysis is based on a framework that conceives federalism according to two concepts: an inclusive one that relates to different federative forms, and one that distinguishes federalism and federation, federalism being a set of normative principles of a particular federal arrangement and federation being a set of institutional dimensions that characterize a federative form. The theoretical framework on which this thesis is based recognizes three approaches (European, American and Canadian) from which emerge different normative principles and institutional dimensions. The second chapter of this thesis distinguishes Aboriginal historical federal organizations from contemporary Aboriginal federalism by identifying their respective normative principles and institutional dimensions. The third chapter analyzes the approach of federalism that emerges from RCAP, including its respective normative principles and institutional dimensions. The fourth chapter puts these elements into perspective and demonstrates how the concept of federalism is useful to analyze the relationship between the Canadian state and Aboriginal people.

This thesis constitutes a theoretical contribution in understanding the impact of Aboriginal self-government within the Canadian federalism: a Canadian theoretical approach of federalism is identified; particular characteristics of different schools of thought of Aboriginal federalism are also identified; a systematic RCAP vision of federalism is recognized. Also, this thesis demonstrates that Aboriginal conceptions of federalism, emerging from self-government claims, question the practice of the Canadian federalism, and proves that there is an incompatibility between Aboriginal federal theories and the practice of Canadian federalism that makes the establishment of a genuine federal relationship between federal, provincial and Aboriginal governments particularly hard.