—of section 88, provincial law applies where the federal government hasn't expressly occupied the field or where it doesn't go to Indianness. For example, Ontario has jurisdiction pursuant to a funding agreement, really, or a physical relationship, and there's no positive delegation of authority. All that section 88 says is that provincial law applies where it doesn't go to the heart of Indianness and where the federal government hasn't expressly legislated otherwise.
That's simply not the case. The provinces merely assumed authority, and I believe it was convenient for the federal government at the time to have that authority delegated. It was done through different mechanisms in different places, but if you go back to first principles around the division of powers and provincial and federal jurisdiction, the relationship with indigenous peoples is squarely in the federal mandate and jurisdiction.