Question Period Note: Jay's Treaty

•The Government recognizes that Canada’s international borders impact Indigenous Peoples’ mobility, traditional practices, and economic opportunities.

•The Jay Treaty was signed in 1794 between the British Crown and the United States however, Canadian Courts have determined that the Jay Treaty was never brought into force in Canada by Parliament and so Canadians cannot rely on the provisions of the Treaty.

•The Government of Canada is currently engaging Indigenous Peoples and exploring possible solutions to help mitigate the issues that its international borders continue to cause.

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If pressed on the Jay Treaty Border Alliance
•The Government of Canada and the Jay Treaty Border Alliance have worked in partnership since 2022 to address unique Indigenous border crossing issues related to the mobility of Indigenous Peoples and their goods.

•The Government of Canada is committed to continue working in partnership with the Jay Treaty Border Alliance, through the established Collaboration Initiative.

•Members of the Jay Treaty Border Alliance – Collaboration Initiative High Table, including myself, will be coming together to have a meeting later this month.

If pressed on Addressing Indigenous Border Mobility Issues
•Indigenous Peoples have to travel across Canada’s international borders for a variety of reasons including but not limited to family and cultural connections, employment, education, and trade.

•Navigating mobility across borders has significant impacts on Indigenous Peoples and on their traditional territory.

•In the spirit of reconciliation and the United Nations Declaration on the Rights of Indigenous Peoples Act, the Government of Canada is committed to working in partnership with Indigenous Peoples to address border crossing issues.

If pressed on the Desautel Decision

•The Government of Canada is committed to renewing the relationship with Indigenous peoples based on affirmation of rights, respect, co-operation, and partnership.

•On April 23, 2021, the Supreme Court of Canada released its decision in the Desautel case. The Court ruled that non-resident or non-citizen Indigenous individuals from communities outside Canada may be able to exercise Indigenous rights here.

•We are working to understand the implications of the decision and to balance several interests, including the views of Indigenous partners.