Question Period Note: Establishing a National Treaty Commission

Our Government has committed to co-developing a process for the ongoing review, maintenance and enforcement of treaty obligations between the Crown and Indigenous communities.

Advancing this commitment will involve meaningful engagement with First Nations, Inuit and Métis partners.

This process will include discussions on designing and establishing a National Treaty Commissioner’s Office.

Treaties establish and define specific rights, benefits and obligations of treaty signatories, which serve to solidify relations, address issues related to land title and usage and / or address outstanding legal rights and title over unsurrendered lands.

Treaty rights, as well as Aboriginal rights, are recognized and affirmed by Section 35 of the Constitution Act, 1982. Today, the courts have indicated that the purpose of section 35(1) “is to reconcile the prior presence of Aboriginal peoples in North America with the assertion of Crown sovereignty.” The recognition and implementation of section 35, Constitution Act, 1982 rights is central to Canada’s relationship with First Nations, Métis and Inuit peoples.

From 1701 to 1923, 70 treaties were signed between the Crown and Indigenous nations across Canada. These treaties cover 364 First Nations in nine provinces and three territories, cover nearly 50% of Canada's land mass and represent approximately 700,000 individuals. They are often referred to as historic treaties, and are separate and distinct from modern treaties concluded after 1975.

The 1973 Supreme Court of Canada decision in Calder, which recognized Aboriginal rights for the first time, marked the start of the modern treaty era with the development of the Comprehensive Land Claims Policy. This Policy provided authority to support the formal negotiation of agreements, also referred to as Modern Treaties, between the Government of Canada, the provinces/territories and Indigenous peoples. Modern Treaties were intended to provide certainty and clarity to ownership, use and management of lands and resources. There are 26 (25 ratified and implemented, plus 1 that was ratified but not implemented) modern treaties.

Advancing the commitment to establish a National Treaty Commission will involve meaningful engagement on the ongoing review, maintenance, and enforcement of Canada’s treaty obligations, including the potential for a National Treaty Commissioner’s Office.

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