The term “Indigenous self-government” is frequently heard in discussions about reconciliation, land rights, and the future of Canada. For many Canadians, however, the term can feel abstract, confusing, or even threatening. Is it a new idea? Is it something being “given” by the government? Or is it something more fundamental?
The simple answer is that Indigenous self-government is the formal recognition of a reality that has existed for millennia. It is a cornerstone of reconciliation and a complex, evolving process essential to understanding modern Canada. This “Full Story” will serve as a foundational guide to one of the most important governance topics in the country.
Part 1: The Inherent Right to Self-Government
The most crucial concept to understand is that the right to self-government is inherent. This means it is not granted by the Crown or any Canadian law. It originates from Indigenous peoples themselves—their own legal and governance systems, their cultures, their traditions, and their deep connection to the land, which predate the formation of Canada by thousands of years. As the Centre for First Nations Governance explains, these are rights that Indigenous peoples have “simply by virtue of their existence.”
This inherent right stands in stark contrast to the colonial system established by the Indian Act in 1876. The Indian Act was designed not to empower, but to control and assimilate First Nations, imposing external rules over nearly every aspect of their lives, from who qualifies as an “Indian” to how their reserve lands are managed. The modern movement for self-government is about moving away from this paternalistic and damaging system and restoring the rightful place of Indigenous nations as self-determining peoples.
Part 2: The Canadian Legal Framework: Recognition and Affirmation
While the right is inherent, its recognition within Canada’s own legal system is a more recent development, won through decades of Indigenous activism and legal challenges.
The turning point was the Constitution Act, 1982. Section 35 of this Act recognizes and affirms the existing Aboriginal and treaty rights of the Indigenous peoples of Canada. Initially, the scope of these rights was undefined. However, through landmark Supreme Court cases, Section 35 has been interpreted to include the inherent right of self-government. This constitutional protection means the right is not a gift from Parliament; it is a fundamental part of Canada’s highest law.
In recognition of this, the Government of Canada has formally adopted ten “Principles respecting the Government of Canada’s relationship with Indigenous peoples.” The very first principle states that the government 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.”
Part 3: The International Context: The UN Declaration (UNDRIP)
The movement for self-government in Canada does not exist in a vacuum. It is supported by a global framework, most notably the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Adopted by the UN General Assembly in 2007, UNDRIP establishes a universal framework of minimum standards for the survival, dignity, and well-being of Indigenous peoples worldwide. A central article of UNDRIP states that “Indigenous peoples have the right to self-determination,” which includes the right “to freely determine their political status and freely pursue their economic, social and cultural development.”
In 2021, Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act, which commits the federal government to take all measures necessary to ensure that the laws of Canada are consistent with the Declaration. This Act does not automatically make UNDRIP a part of Canadian law, but it creates a mandatory action plan for the government to align its laws with UNDRIP’s principles over time, further cementing self-determination as a key objective.
Part 4: Pathways to Self-Government
There is no single “one-size-fits-all” model for self-government. The process is flexible to recognize the diverse histories, cultures, and aspirations of over 630 First Nations, as well as Métis and Inuit communities in Canada. Generally, the path is forged through negotiation, resulting in a formal agreement between the Indigenous nation, the federal government, and the relevant provincial or territorial government.
Some of the primary models include:
- Modern Treaties (Comprehensive Land Claims): These are constitutionally protected agreements that resolve questions over ownership and use of land and resources in areas where treaties were never signed. These modern treaties, like the Nisga’a Final Agreement in British Columbia, often include extensive self-government provisions.
- Stand-alone Self-Government Agreements: Nations can also negotiate self-government agreements that are separate from the land-claim process. These agreements establish governance structures and define the law-making powers of the Indigenous nation.
- Sectoral Agreements: Some nations may choose to negotiate jurisdiction over specific areas, such as education or child welfare, allowing them to assume control over key community services incrementally.
Part 5: Self-Government in Action
A self-governing Indigenous nation is effectively a third order of government in Canada, with powers and responsibilities similar to those of a municipality or even a province in some cases. The goal is to make laws that are effective, culturally appropriate, and work in harmony with federal and provincial laws.
Jurisdictions often held by self-governing nations include control over their land and resources, education, health care, child and family services, housing, justice, and the preservation of their language and culture. This authority allows Indigenous nations to build strong communities and economies based on their own values and decision-making.
Part 6: Why It Matters: Reconciliation and a Stronger Canada
The restoration of self-government is about more than just jurisdiction; it is a fundamental act of reconciliation. It is about moving away from the damaging legacy of the Indian Act and creating a new, respectful relationship based on government-to-government principles.
For decades, studies and reports, including the 1996 report of the Royal Commission on Aboriginal Peoples and the work of the Truth and Reconciliation Commission, have concluded that self-government is the key to a better future. When Indigenous communities have the power and resources to make their own decisions, they achieve better social, economic, and health outcomes. It is a path to healing from the intergenerational trauma of colonialism and building strong, vibrant, and resilient communities for generations to come.
Understanding Indigenous self-government is essential for every person living in Canada. It is not about “special rights,” but about the recognition of inherent rights that are foundational to a more just, equitable, and prosperous country for all.