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Over the last three decades, Canada’s aboriginal peoples have managed to entrench important aboriginal rights in the Canadian Constitution, along with significant subsequent judicial precedents. These constitutional and legal gains have forced a range of federal legislative and policy changes, as for example: land claims policy (1975); devolution of federal programs to First Nations communities (after 1982); and the British Columbia treaty process (1992). In recent years, a historically reluctant provincial government --- British Columbia --- has finally been compelled by the courts (e.g. the Delgamuukw, Taku River Tlingit and Haida cases) to adopt provincial policy consistent with the Constitution and legal precedent.

These represent important structural changes. Unfortunately experience has proven that constitutional protection, legal precedent and changes in government policy alone do not necessarily improve the social and economic conditions of aboriginal people. Apart from the fact that government policy is sometimes designed to meet the political needs of government, rather than the social, economic and cultural needs of aboriginal people, practical community challenges may preclude many of Canada’s aboriginal people from taking advantage of bona fide policy opportunities.

The challenges facing many of Canada’s aboriginal peoples include remoteness, economies of scale (some communities have populations of less than 50 people), lack of services, lack of opportunity, cultural differences and governance inexperience. Some Canadian aboriginal groups have overcome the above challenges, while too many others have not.

It is useful to explore the elements of success in the Canadian context. But simply applying those elements to less successful communities is not enough. Greater care must be taken to tailor short and long term programs to the varying needs of Canada’s aboriginal people. Equally important, along with addressing immediate needs, government and aboriginal leaders must take a longer term view of the problem, perhaps by introducing relevant school curricula (e.g. progressively introducing elements of governance, etc.) and community programs at a much earlier stage. Our communities need tools, not just theory.

For Canada’s aboriginal peoples, the objective must be a culture shift, from one of despair, apathy and dependency to one of hope, confidence and self-reliance. Indeed, some communities made just such a shift prior to Constitutional entrenchment and legal precedent. The lesson may be that addressing community needs and challenges should be at least as high a priority as structural change. If so, the indigenous peoples of the Northern Territory may wish to consider their approach in light of this lesser known Canadian experience.