Question Period Note: Modern Treaties and Self-Governing Communities

• 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 agreements, 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 or have accompanying self-government agreements.
• There are 4 stand-alone self-government agreements, 2 sectoral self-government education agreements and a newly signed self-government agreement with the Anishinabek Nation in Ontario that recognizes their control over governance.

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 additional treaties (called modern treaties or comprehensive land claim agreements) with Indigenous groups in Canada. Some of these treaties include self-government. 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.

If pressed on current activities

• Modern Treaties and self-government agreements foster mutually respectful, long-term intergovernmental relationships between signatories.

• We continue to work with Indigenous partners to co-develop approaches towards a truly transformed relationship and to ensure we are living up to our commitments, including meeting the spirit and intent of those agreements.

• For example, in 2019, the Government adopted Canada’s Collaborative Self-Government Fiscal Policy. This policy was co-developed with partners and now serves as the basis of funding agreements with partners that have concluded comprehensive self-government arrangements.

If pressed on investments under Budget 2022 directed for Modern Treaty and Self-Governing partners

• Budget 2022 saw a significant investment of $11B in supporting Indigenous Peoples, advancing reconciliation and helping communities recover from COVID-19.

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

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.