Indigenous self-government in Canada

Aboriginal peoples in Canada are defined in the Constitution Act, 1982 as Indians, Inuit and Métis. Prior to the acquisition of the land by European empires or the Canadian state after 1867, First Nations (Indian), Inuit, and Métis peoples had a wide variety of polities within their countries, from band societies, to tribal chiefdoms, multinational confederacies, to representative democracies (in the case of the Métis-led Legislative Assembly of Assiniboia). These were ignored or suppressed by the Government of Canada (federal government). For the Métis and Inuit, self-government was replaced by integration into the Canadian polity: these people could vote in the standard municipal, provincial, and federal elections as citizens of Canada. For the First Nations, the Government of Canada created the band system under the Indian Act, which allowed First Nations people to vote in band elections but they could not vote in federal elections before 1960 unless they renounced their status as Registered Indians (a process referred to as enfranchisement). Band governments had very little authority, however; they exercised only whatever power was delegated to them by the Minister of Indian Affairs, and only had authority on the Indian reserves which represented a tiny proportion of their traditional territories. == Rationale ==

Indigenous people may claim an "inherent right to self-government" either because it is seen as a natural right emanating from prior occupation of the land or because of a gift from or covenant with the Creator. In this case, Indigenous people do not seek to be "granted" self-government, but simply to have their pre-existing right recognized in law. As well, an argument for self-government can be made on the basis of the right of self-determination as understood in international law generally or as specifically enumerated in the United Nations' Declaration of the Rights of Indigenous Peoples (UNDRIP). Self-government arose in the later twentieth century as a proposed solution to the constraints of the longstanding Indian Act, first passed in 1878. Instances of self-government began with a new round of treaty-making between the federal government of Canada and First Nations and Inuit groups, ans well as between individual provinces and First Nations and Inuit peoples, beginning with the landmark James Bay and Northern Quebec Agreement in 1975 between the province of Quebec and the Cree and Inuit. When a self-government treaty is implemented many of the restrictions of the Indian Act are lifted, allowing Indigenous communities different freedoms and forms of community-based control that were previously regulated. Treaty provisions may include control over education, healthcare institutions, administration, land development for revenue, and decision-making authority. == Evolution of government proposals ==

In 1969, the White Paper on Indian Policy proposed abolishing band governments and transferring the delivery of social programs on reserves to the provincial governments (as the provinces already run these services for non-Indigenous people). Opposition to this proposal helped to galvanize the creation of national political organizations among Aboriginal peoples, bringing the concept of Indigenous self-government to the national political consciousness for the first time. In 1995 the Liberal government issued the Inherent Right of Self-Government Policy which recognized that self-government was an inherent right, but limited its implementation to a model which resembles delegation of authority from the Crown to the communities. It requires that individual bands or groups of bands sign modern treaties with the Government of Canada (and sometimes a provincial government) to be removed from the structures of the Indian Act. == Self-government agreements ==

, twenty-two comprehensive self-government agreements had been signed by the federal government. Of those, eighteen were part of a comprehensive land claim agreement or modern treaty. Those numbers included the Yale Final Agreement and the Sioux Valley Final Agreement which have been signed, but have not yet been brought into effect through legislation. In addition to the comprehensive agreements with Indian bands mentioned above, the Nunavut Land Claims Agreement of 1993 with the Inuit of the eastern Arctic, pursued a different model of governance. A new federal territory, Nunavut was created in 1999 where the Inuit were the majority, separate from the North West Territories where more First Nations, Métis, and non-Aboriginal people lived. Nunavut is not reserved exclusively for the Inuit, and any Canadian can move there and vote in its elections. It occurred in 2017 and was the first case of an agreement regarding Indigenous self-governance over education in Ontario. As of 2017, it was also the largest number of First Nations included in an education self- governance agreement in Canada. The suggested purpose of this agreement was to further “academic excellence” and to push outside the bounds of the Indian Act by developing authority over their community's education. == Moves towards self-government ==

Some bands, rejecting the idea that they must negotiate with the Government of Canada in order to exercise their right to self-government, have acted unilaterally. In January 2014, the Nipissing First Nation adopted what is believed to be the first constitution for a First Nation in Ontario. It is supposed to replace the Indian Act as the supreme law which regulates the governance of the First Nation, but has not been tested in court. == Funding self-government ==

Funding for Indigenous self-governing communities is governed by a 'financial transfer agreement.' The agreement establishes a five-year joint financial understanding between the Federal government, Provincial/Territorial government, and Indigenous government. These agreements are grounded in Canada’s collaborative self-government fiscal policy, which tries to promote a respectful, co-operative partnership with Indigenous governments and communities. == Laws and non-Indigenous rights on the land ==

Indigenous self-government treaties also establish which laws are under or shared between levels of governance (Federal, Provincial, or First Nations jurisdictions). A Government of Canada 2019 Indigenous Self-Government Report outlines, although specific laws may be split up differently depending on the Nation and the agreement, "the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and other general laws such as the Criminal Code continue to apply." Since the Charter of Rights and Freedoms applies to all peoples and governments in Canada, any person living on First Nations land, including non-Indigenous, can challenge First Nations Governance if they feel their rights are being infringed upon. The Federal Government has also taken steps to include non-Indigenous individuals who live on First Nations land in the decision making process. Treaties may include provisions to ensure non-members of the community have a voice by means of voting, candidacy, or appealing decisions. The rationale for this is that all individuals must be able to have an input over “issues that affect them, such as service levels, taxation rates, and health”. == See also ==