Question Period Note: Modern Treaties and Self-Government arrangements

• We remain committed to reconciliation through renewed, nation-to-nation, government-to-government, and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership.
• Modern Treaties and self-government arrangements, and their full implementation, are key to rebuilding Indigenous nations and strengthening Canada.
• There are currently 25 Modern Treaties, 18 of which include self-government provisions or have accompanying self-government arrangements.
• There are 4 stand-alone self-government arrangements, 6 sectoral education agreements and a newly signed Anishinabek Nation Governance Agreement in Ontario that recognizes control over governance for participating First Nations.

The Modern Treaty era began in 1973 after the Supreme Court of Canada decision (Calder et al. v. Attorney-General of British Columbia), which recognized Aboriginal rights for the first time. This decision led to the development of the Comprehensive Land Claims Policy and the first Modern Treaty, the James Bay and Northern Québec Agreement signed in 1975.

Since 1975, Canada has signed 25 Modern Treaties (formerly called comprehensive land claim agreements) with Indigenous groups in Canada. These treaties are the basis of the relationship between 97 Indigenous communities (representing about 89,000 Indigenous peoples) and the provincial or territorial and federal governments.

Canada recognizes that Indigenous peoples have an inherent right of self-government guaranteed in section 35 of the Constitution Act, 1982. The Government of Canada's Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government was first launched in 1995 to guide self-government negotiations with Indigenous communities.

Self-Government agreements put decision-making power into the hands of Indigenous governments who make their own choices about how to deliver programs and services to their communities. This can include making decisions about how to better protect their culture and language, educate their students, manage their own lands and develop new business partnerships that create jobs and other benefits for their citizens.
Of the 25 Modern Treaties, 18 include self-government arrangements or associated provisions.

In addition, there are 4 stand-alone self-government agreement holders (Sioux Valley Dakota Nation (MB), Westbank First Nation (BC), Sechelt First Nation (BC), Déline (NT).

As of June 2022, there are six (6) sectoral education agreements. Agreements include the Mi’kmaw Kina’matnewey agreement in Nova Scotia, the Anishinabek education agreement in Ontario and the four new education jurisdiction agreements in British Columbia (June 2022) with ?aq’am, Cowichan, Lil’wat and Seabird Island. The Nova Scotia and Ontario agreements are umbrella agreements involving multiple First Nations. The British Columbia agreements are bilateral agreements with individual nations.

If pressed on current activities
• Modern Treaties and self-government arrangements foster mutually respectful, long-term intergovernmental relationships between signatories.
• We continue to work with Indigenous partners to co-develop approaches towards a transformed relationship and to ensure we are living up to our commitments within the spirit and intent of those agreements.

• Recent achievements include the implementation of Canada’s Collaborative Self-Government Fiscal Policy (2019), to help Self-Governing Indigenous Partners fulfill the objectives of their agreements, as well as the establishment of a common policy development process with Modern Treaty partners to collaboratively advance long-standing priorities.
If pressed on investments under Budget 2022 directed for Modern Treaty and Self-Governing partners
• Budget 2022 saw a significant investment of $11 billion in supporting Indigenous Peoples, advancing reconciliation and helping communities recover from COVID-19.

• $4 billion was invested to close the Indigenous housing gap, which includes specific funding carved out to support Modern Treaties and self-governing partners comprising:

o $565 million over five years to support housing in First Nations Self-Governing and Modern Treaty communities;

o $845 million over seven years to support housing in Inuit communities; and

o $190 million over seven years for housing in Metis communities.

• This funding supports Modern Treaty and Self-Government partners both in their self-determination and in projects that meet their priorities.