principles

Respecting the Government

of Canada's Relationship with
Indigenous Peoples
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
2

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ISBN 978-0-660-25093-9
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Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
3

The Government of Canada is committed to box of rights, and holds the promise that Indigenous
achieving reconciliation with Indigenous peoples nations will become partners in Confederation on
through a renewed, nation-to-nation, government- the basis of a fair and just reconciliation between
to-government, and Inuit-Crown relationship based Indigenous peoples and the Crown.
on recognition of rights, respect, co-operation, and
partnership as the foundation for transformative The Government recognizes that Indigenous self-
change. government and laws are critical to Canada’s future,
and that Indigenous perspectives and rights must
Indigenous peoples have a special constitutional be incorporated in all aspects of this relationship.
relationship with the Crown. This relationship, In doing so, we will continue the process of
including existing Aboriginal and treaty rights, decolonization and hasten the end of its legacy
is recognized and affirmed in section 35 of the wherever it remains in our laws and policies.
Constitution Act, 1982. Section 35 contains a full

[These Principles] reflect a

commitment to good faith, the
rule of law, democracy, equality,
non-discrimination, and respect
for human rights.

The implementation of the United Nations Declaration This review of laws and policies will be guided by
on the Rights of Indigenous Peoples (UN Declaration) Principles respecting the Government of Canada’s
requires transformative change in the Government’s Relationship with Indigenous peoples. These
relationship with Indigenous peoples. The UN Principles are rooted in section 35, guided by the
Declaration is a statement of the collective and UN Declaration, and informed by the Report of the
individual rights that are necessary for the survival, Royal Commission on Aboriginal Peoples (RCAP)
dignity and well-being of Indigenous peoples around and the Truth and Reconciliation Commission
the world, and the Government must take an active (TRC)’s Calls to Action. In addition, they reflect a
role in enabling these rights to be exercised. The commitment to good faith, the rule of law, democracy,
Government will fulfil its commitment to implementing equality, non-discrimination, and respect for human
the UN Declaration through the review of laws and rights. They will guide the work required to fulfill the
policies, as well as other collaborative initiatives and Government’s commitment to renewed nation-to-
actions. This approach aligns with the UN Declaration nation, government-to-government, and Inuit-Crown
itself, which contemplates that it may be implemented relationships.
by States through various measures.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
4

These Principles are a starting point to support

efforts to end the denial of Indigenous rights that led
to disempowerment and assimilationist policies and
practices. They seek to turn the page in an often
troubled relationship by advancing fundamental change
whereby Indigenous peoples increasingly live in strong
and healthy communities with thriving cultures. To
achieve this change, it is recognized that Indigenous
nations are self-determining, self-governing,
increasingly self-sufficient, and rightfully aspire to no
longer be marginalized, regulated, and administered
under the Indian Act and similar instruments. The
Government of Canada acknowledges that strong
Indigenous cultural traditions and customs, including
languages, are fundamental to rebuilding Indigenous
nations. As part of this rebuilding, the diverse needs
and experiences of Indigenous women and girls must
be considered as part of this work, to ensure a future
where non-discrimination, equality and justice are
achieved. The rights of Indigenous peoples, wherever
they live, shall be upheld.

These Principles are to be read holistically and with

their supporting commentary. The Government of
Canada acknowledges that the understandings and
applications of these Principles in relationships with
First Nations, the Métis Nation, and Inuit will be
diverse, and their use will necessarily be contextual.
These Principles are a necessary starting point for
the Crown to engage in partnership, and a significant
move away from the status quo to a fundamental
change in the relationship with Indigenous peoples.
The work of shifting to, and implementing, recognition-
based relationships is a process that will take dynamic
and innovative action by the federal government and
Indigenous peoples. These Principles are a step to
building meaning into a renewed relationship.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
5

01
The Government of Canada recognizes that all
relations with Indigenous peoples need to be
based on the recognition and implementation
of their right to self-determination, including the
inherent right of self-government.

This opening Principle affirms the priority of recognition

in renewed nation-to-nation, government-to-government,
and Inuit-Crown relationships. As set out by the courts,
an Indigenous nation or rights-holding group is a group
of Indigenous people sharing critical features such as
language, customs, traditions, and historical experience at
key moments in time like first contact, assertion of Crown
sovereignty, or effective control. The Royal Commission on
Aboriginal Peoples estimated that there are between 60
and 80 historical nations in Canada.

The Government of Canada’s recognition of the ongoing

presence and inherent rights of Indigenous peoples as
a defining feature of Canada is grounded in the promise
of section 35 of the Constitution Act, 1982, in addition
to reflecting articles 3 and 4 of the UN Declaration. The
promise mandates the reconciliation of the prior existence
of Indigenous peoples and the assertion of Crown
sovereignty, as well as the fulfilment of historic treaty
relationships.

This principle reflects the UN Declaration’s call to respect

and promote the inherent rights of Indigenous peoples. This
includes the rights that derive from their political, economic,
and social structures and from their cultures, spiritual
traditions, histories, laws, and philosophies, especially their
rights to their lands, territories and resources.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
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Canada’s constitutional and legal order recognizes with Indigenous peoples so that they are based
the reality that Indigenous peoples’ ancestors owned on recognition and respect for the right to self-
and governed the lands which now constitute Canada determination, including the inherent right of self-
prior to the Crown’s assertion of sovereignty. All of government for Indigenous nations. For the federal
Canada’s relationships with Indigenous peoples government, this responsibility includes changes
are based on recognition of this fact and supported in the operating practices and processes of the
by the recognition of Indigenous title and rights, as federal government. For Indigenous peoples, this
well as the negotiation and implementation of pre- responsibility includes how they define and govern
Confederation, historic, and modern treaties. themselves as nations and governments and the
parameters of their relationships with other orders of
It is the mutual responsibility of all governments government.
to shift their relationships and arrangements
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
7

02
The Government of Canada recognizes that
reconciliation is a fundamental purpose of
section 35 of the Constitution Act, 1982.

Reconciliation is an ongoing process through which

Indigenous peoples and the Crown work cooperatively to
establish and maintain a mutually respectful framework for
living together, with a view to fostering strong, healthy, and
sustainable Indigenous nations within a strong Canada. As
we build a new future, reconciliation requires recognition
of rights and that we all acknowledge the wrongs of the
past, know our true history, and work together to implement
Indigenous rights.

This transformative process involves reconciling the pre-

existence of Indigenous peoples and their rights and the
assertion of sovereignty of the Crown, including inherent
rights, title, and jurisdiction. Reconciliation, based on
recognition, will require hard work, changes in perspectives
and actions, and compromise and good faith, by all.

Reconciliation frames the Crown’s actions in relation to

Aboriginal and treaty rights and informs the Crown’s broader
relationship with Indigenous peoples. The Government
of Canada’s approach to reconciliation is guided by the
UN Declaration, the TRCs Calls to Action, constitutional
values, and collaboration with Indigenous peoples as well as
provincial and territorial governments.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
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03
The Government of Canada recognizes that the
honour of the Crown guides the conduct of the
Crown in all of its dealings with
Indigenous peoples.

The Government of Canada recognizes that it must uphold

the honour of the Crown, which requires the federal
government and its departments, agencies, and officials to
act with honour, integrity, good faith, and fairness in all of its
dealings with Indigenous peoples. The honour of the Crown
gives rise to different legal duties in different circumstances,
including fiduciary obligations and diligence. The overarching
aim is to ensure that Indigenous peoples are treated with
respect and as full partners in Confederation.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
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04
The Government of Canada recognizes that
Indigenous self-government is part of Canada’s
evolving system of cooperative federalism and
distinct orders of government.

This Principle affirms the inherent right of self-government

as an existing Aboriginal right within section 35. Recognition
of the inherent jurisdiction and legal orders of Indigenous
nations is therefore the starting point of discussions aimed
at interactions between federal, provincial, territorial, and
Indigenous jurisdictions and laws.

As informed by the UN Declaration, Indigenous peoples

have a unique connection to and constitutionally protected
interest in their lands, including decision-making, governance,
jurisdiction, legal traditions, and fiscal relations associated
with those lands.

Nation-to-nation, government-to-government, and Inuit-Crown

relationships, including treaty relationships, therefore include:

developing mechanisms and designing processes which

recognize that Indigenous peoples are foundational to
Canada’s constitutional framework;
involving Indigenous peoples in the effective decision-making
and governance of our shared home;
putting in place effective mechanisms to support the
transition away from colonial systems of administration and
governance, including, where it currently applies, governance
and administration under the Indian Act; and
ensuring, based on recognition of rights, the space for the
operation of Indigenous jurisdictions and laws.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
10

05
The Government of Canada recognizes that
treaties, agreements, and other constructive
arrangements between Indigenous peoples and
the Crown have been and are intended to be
acts of reconciliation based on mutual
recognition and respect.

This Principle recognizes that Indigenous peoples have

diverse interests and aspirations and that reconciliation can
be achieved in different ways with different nations, groups,
and communities.

This principle honours historic treaties as frameworks for

living together, including the modern expression of these
relationships. In accordance with the Royal Proclamation of
1763, many Indigenous nations and the Crown historically
relied on treaties for mutual recognition and respect to
frame their relationships. Across much of Canada, the treaty
relationship between the Indigenous nations and Crown is
a foundation for ongoing cooperation and partnership with
Indigenous peoples.

The Government of Canada recognizes the role that

treaty-making has played in building Canada and the
contemporary importance of treaties, both historic and those
negotiated after 1973, as foundations for ongoing efforts at
reconciliation. The spirit and intent of both Indigenous and
Crown parties to treaties, as reflected in oral and written
histories, must inform constructive partnerships, based on
the recognition of rights, that support full and timely treaty
implementation.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
11

In accordance with section 35, all Indigenous peoples Accordingly, this Principle recognizes and affirms
in Canada should have the choice and opportunity to the importance that Indigenous peoples determine
enter into treaties, agreements, and other constructive and develop their own priorities and strategies for
arrangements with the Crown as acts of reconciliation organization and advancement. The Government of
that form the foundation for ongoing relations. The Canada recognizes Indigenous peoples’ right to self-
Government of Canada prefers no one mechanism of determination, including the right to freely pursue their
reconciliation to another. It is prepared to enter into economic, political, social, and cultural development.
innovative and flexible arrangements with Indigenous
peoples that will ensure that the relationship accords
with the aspirations, needs, and circumstances of
the Indigenous-Crown relationship. The Government
also acknowledges that the existence of Indigenous
rights is not dependent on an agreement and, where
agreements are formed, they should be based on the
recognition and implementation of rights and not their
extinguishment, modification, or surrender.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
12

06
The Government of Canada recognizes that
meaningful engagement with Indigenous
peoples aims to secure their free, prior, and
informed consent when Canada proposes to
take actions which impact them and their rights,
including their lands, territories and resources.

This Principle acknowledges the Government of Canada’s

commitment to new nation-to-nation, government-to-
government, and Inuit-Crown relationships that builds on
and goes beyond the legal duty to consult. In delivering
on this commitment, the Government recognizes the
right of Indigenous peoples to participate in decision-
making in matters that affect their rights through their own
representative institutions and the need to consult and
cooperate in good faith with the aim of securing their free,
prior, and informed consent.

The Supreme Court of Canada has clarified that the standard

to secure consent of Indigenous peoples is strongest in
the case of Aboriginal title lands. The Supreme Court of
Canada has confirmed that Aboriginal title gives the holder
the right to use, control, and manage the land and the right
to the economic benefits of the land and its resources. The
Indigenous nation, as proper title holder, decides how to
use and manage its lands for both traditional activities and
modern purposes, subject to the limit that the land cannot be
developed in a way that would deprive future generations of
the benefit of the land.

The importance of free, prior, and informed consent, as

identified in the UN Declaration, extends beyond title lands.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
13

To this end, the Government of Canada will look for

opportunities to build processes and approaches
aimed at securing consent, as well as creative and
innovative mechanisms that will help build deeper
collaboration, consensus, and new ways of working
together. It will ensure that Indigenous peoples and
their governments have a role in public decision-
making as part of Canada’s constitutional framework
and ensure that Indigenous rights, interests, and
aspirations are recognized in decision-making.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
14

07
The Government of Canada recognizes that
respecting and implementing rights is essential
and that any infringement of section 35 rights
must by law meet a high threshold of justification
which includes Indigenous perspectives and
satisfies the Crown’s fiduciary obligations.

This Principle reaffirms the central importance of working

in partnership to recognize and implement rights and, as
such, that any infringement of Aboriginal or treaty rights
requires justification in accordance with the highest standards
established by the Canadian courts and must be attained in
a manner consistent with the honour of the Crown and the
objective of reconciliation.

This requirement flows from Canada’s constitutional

arrangements. Meaningful engagement with Indigenous
peoples is therefore mandated whenever the Government
may seek to infringe a section 35 right.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
15

08
The Government of Canada recognizes that
reconciliation and self-government require
a renewed fiscal relationship, developed in
collaboration with Indigenous nations, that
promotes a mutually supportive climate
for economic partnership and resource
development.

The Government of Canada recognizes that the rights,

interests, perspectives, and governance role of Indigenous
peoples are central to securing a new fiscal relationship.
It also recognizes the importance of strong Indigenous
governments in achieving political, social, economic, and
cultural development and improved quality of life.

This Principle recognizes that a renewed economic and

fiscal relationship must ensure that Indigenous nations have
the fiscal capacity, as well as access to land and resources,
in order to govern effectively and to provide programs and
services to those for whom they are responsible.

The renewed fiscal relationship will also enable Indigenous

peoples to have fair and ongoing access to their lands,
territories, and resources to support their traditional
economies and to share in the wealth generated from
those lands and resources as part of the broader Canadian
economy.

A fairer fiscal relationship with Indigenous nations can be

achieved through a number of mechanisms such as new tax
arrangements, new approaches to calculating fiscal transfers,
and the negotiation of resource revenue sharing agreements.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
16

09
The Government of Canada recognizes that
reconciliation is an ongoing process that occurs
in the context of evolving Indigenous-Crown
relationships.

This Principle recognizes that reconciliation processes,

including processes for negotiation and implementation of
treaties, agreements and other constructive arrangements,
will need to be innovative and flexible and build over time
in the context of evolving Indigenous-Crown relationships.
These relationships are to be guided by the recognition and
implementation of rights.

Treaties, agreements, and other constructive arrangements

should be capable of evolution over time. Moreover,
they should provide predictability for the future as to how
provisions may be changed or implemented and in what
circumstances. Canada is open to flexibility, innovation, and
diversity in the nature, form, and content of agreements and
arrangements.

The Government of Canada also recognizes that it has an

active role and responsibility in ensuring the cultural survival
of Indigenous peoples as well as in protecting Aboriginal and
treaty rights.

The Government of Canada will continue to collaborate with

Indigenous peoples on changes to federal laws, regulations,
and policies to realize the unfulfilled constitutional promise of
s.35 of the Constitution Act, 1982.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
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10
The Government of Canada recognizes that
a distinctions-based approach is needed to
ensure that the unique rights, interests and
circumstances of the First Nations, the Métis
Nation and Inuit are acknowledged,
affirmed, and implemented.

The Government of Canada recognizes First Nations, the

Métis Nation, and Inuit as the Indigenous peoples of Canada,
consisting of distinct, rights-bearing communities with their
own histories, including with the Crown. The work of forming
renewed relationships based on the recognition of rights,
respect, co-operation, and partnership must reflect the unique
interests, priorities and circumstances of each People.
Principles Respecting the Government of Canada's
Relationship with Indigenous Peoples
18

in summary
the government of canada
recognizes that

Meaningful engagement with Indigenous

All relations with Indigenous peoples peoples aims to secure their free, prior, and

01 06
need to be based on the recognition informed consent when Canada proposes
and implementation of their right to take actions which impact them and their
to self-determination, including the rights, including their lands, territories and
inherent right of self-government. resources.

Respecting and implementing rights is

essential and that any infringement of

02 07
section 35 rights must by law meet a high
Reconciliation is a fundamental threshold of justification which includes
purpose of section 35 of the Indigenous perspectives and satisfies the
Constitution Act, 1982. Crown’s fiduciary obligations.
Reconciliation and self-government require
renewed fiscal relationship, developed in

03 08
collaboration with Indigenous nations, that
The honour of the Crown guides promotes a mutually supportive climate
the conduct of the Crown in all of its for economic partnership and resource
dealings with Indigenous peoples. development.

04 09
Indigenous self-government is part
of Canada’s evolving system of Reconciliation is an ongoing process that
cooperative federalism and distinct occurs in the context of evolving Indigenous-
orders of government. Crown relationships.

Treaties, agreements, and other

constructive arrangements between Distinctions-based approach is needed

05 10
Indigenous peoples and the Crown to ensure that the unique rights, interests
have been and are intended to be and circumstances of the First Nations, the
acts of reconciliation based on mutual Métis Nation and Inuit are acknowledged,
recognition and respect. affirmed, and implemented.