Question Period Note: Concerns over Modern treaty and Self-Government Policies

Since 2015 we have been advancing interest-based discussions and ensuring that co-development is at the core of any negotiations or discussions with Indigenous groups through the Recognition of Indigenous Rights and Self-Determination discussion tables.

More recently, Canada co-developed the Recognition of Rights Policy for Treaty Negotiation in British Columbia with the First Nations Summit and the Government of British Columbia. This policy replaces the Comprehensive Land Claims and Inherent Rights policies for First Nations in the British Columbia treaty process.

Rights-based negotiations with Indigenous people (including comprehensive land claims, self-government agreements and other discussions) deal with implementing Section 35 rights in Canada. Where Indigenous land rights have not been dealt with by treaty or through other legal means, forward-looking agreements (including "modern treaties") are negotiated between the Indigenous group, Canada and the province or territory. The Government of Canada is working with Indigenous communities at over 145 Section 35-related discussion tables that explore new ways of working together to advance reconciliation and self-determination. These negotiations represent over 690 First Nations communities, 44 Inuit communities and 9 Métis groups across the country, for a total of over 920,000 people.

The inherent right of self-government is an existing Indigenous right recognized and affirmed by section 35 of the Constitution Act, 1982. The Indigenous peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and their resources.

The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia supports an approach to treaty negotiations based on the recognition of rights. A central feature of this policy is that negotiations recognize the continuation of rights without modification, surrender or extinguishment when a treaty is reached. Under this policy, future treaties, agreements and other constructive arrangements will set out guidelines for reconciling Crown and Indigenous rights based on a relationship that can evolve over time. It also provides greater flexibility to develop agreements incrementally in British Columbia.

If Pressed on The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia

The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia was co-developed with the Province and First Nations in the British Columbia treaty process.
This policy informs the treaty process and offers guidance on the recognition and implementation of rights, while supporting First Nations self-determination. It replaces the Comprehensive Land Claims and Inherent Right policies for those in the treaty process in British Columbia.
This new policy could inform future policy development work elsewhere in the country.