What’s on the Table

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• As the Indian Act is replaced, Indigenous self-governing bodies will take over certain jurisdictions currently under federal and provincial control.

• The Federal Government has stated that they see “...the scope of Aboriginal jurisdiction as likely extending to matters that are internal to the group, integral to its distinct Aboriginal culture, and essential to its operation as a government or institution.”

• Jurisdictions up for negotiation includes:

  • Establishment of governing structures, elections, and leadership selection processes.

  • Membership, adoption, and child welfare.

  • Education, health, and social service provision.

  • Administration and enforcement of laws which may include certain criminal laws.

  • Policing, penitentiary, and parole.

  • Environmental protection and assessment, fisheries co-management, and gaming.
     

What’s not on the Table

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• First Nations who agree to enter an Indigenous Self-Government arrangement would have authority delegated to them by the central government and would be subject to the Canadian Constitution (3rd order of government).

• This is not full sovereignty and it would therefore be impossible to have a true nation-to-nation relationship with other governments or fully exercise:

  • The right to self-determination.

  • Free, prior, and informed consent on First Nations traditional territory.

  • The right to have treaties recognized as international instruments.

  • Pre-existing jurisdiction and inherent rights.

• The Rights Framework, as guided by the 10 Principles, is the Federal Government’s attempt to harmonize a watered-down version of UNDRIP with Canadian law. Full implementation of UNDRIP is also off the table.

• Questions regarding Aboriginal title, treaty obligations, land rights, and resources sharing have been sidelined to avoid recognizing substantive forms of First Nations jurisdiction.