Info Box
Aboriginal Self-Government at a Glance
The term “Aboriginal people” is a collective name for the original peoples of Canada and their descendants. The Constitution Act, 1982 refers to three specific groups of Aboriginal peoples with their own unique heritages, languages, cultural practices and spiritual beliefs, namely Indians (Status and Non-status), Inuit and Métis. Since the 1970s, the term “First Nations” has gradually replaced “Indians” in everyday language.
Historically, colonial policies affected Aboriginal governments' authority. At first, colonial governments signed treaties to ensure friendship between Aboriginal peoples and Europeans so that they could share lands and resources. However, colonial governments, and (after 1867) the Government of Canada, gradually passed laws, such as the Indian Act, encouraging Aboriginal peoples to adopt the social and political ways of the mainstream, non-Aboriginal population. As a result, these laws threatened traditional Aboriginal lifestyles.
Treaties include those agreements made between 1701 and 1923, as well as modern-day treaties known as comprehensive land claim settlements. Treaty rights that existed in 1982, as well as those that arose afterwards, are both recognized and affirmed by Canada's Constitution. Comprehensive land claim settlements deal with Aboriginal rights that have not been previously addressed by treaties or other legal means—the first of these modern day treaties was the James Bay and Northern Quebec Agreement (1975). In 1998, the governments of Canada, British Columbia, and the Nisga'a Nation signed the Nisga'a Final Agreement. The treaty recognizes Nisga'a Lands and contains self-government provisions. On May 11, 2000, the treaty went into effect, marking the end of a 113-year quest. Comprehensive claims continue to be settled between the federal government and Aboriginal people in Canada. The implementation of self-government through negotiated agreements is built upon the relationship already established through past treaties. Treaties and land claim settlements vary in each province and territory. Comprehensive information is available from Indian and Northern Affairs Canada or through the resources listed at the end of this guide.
Aboriginal leaders have strived to help their people regain their rightful place in the Canadian federation, and to have recognized the right to govern themselves and to enter into partnerships with the federal and provincial/territorial governments and other partners, including the private sector.
In August 1995, the federal government undertook a process to negotiate practical arrangements to make Aboriginal self-government a reality. This process is based on the idea that the inherent right of Aboriginal self-government already exists in the Canadian Constitution. Further attempts such as the First Nations Governance Initiative aim to grant Aboriginal groups the power to shape their own forms of government to suit their particular historical, cultural, political and economic circumstances. This will be done through the development of stronger fiscal powers, the settlements of land claims and the transfer of power to Aboriginal peoples to manage their land. As it stands now, Aboriginal peoples are able to elect Chiefs and band councils which have the ability to make decisions and enact by-laws in only a limited number of areas, on behalf of the people.
Self-government is about building self-reliance and establishing a new relationship between Aboriginal peoples and all levels of government in Canada, based on mutual understanding and trust. It means that Aboriginal peoples will be able to take more responsibility and control over decisions affecting their own lives and communities than they have now. It means that Aboriginal peoples will be able to make their own laws in some areas, make choices about how to spend money, deliver their own programs and services (like education) to their people, and more easily build partnerships with others to pursue economic development opportunities. It also means that Aboriginal governments will be more accountable to their own people for the decisions they make, but it does not mean that they will operate as independent countries. For example, the Canadian Constitution and the Charter of Rights and Freedoms will continue to apply to Aboriginal governments. Federal and provincial/territorial laws will also continue to apply, with federal and provincial/territorial laws of overriding importance, such as the Criminal Code, prevailing over other laws in case of disagreement. In general, self-government is about all levels of government (Aboriginal, municipal, provincial/territorial, and federal) working together as partners to ensure that all Canadians have equal access to the services and opportunities to which they are entitled.
Adapted from The Learning Circle: Classroom Activities on First Nations in Canada, Ages 12 to 14 and Treaties with Aboriginal People in Canada. Indian and Northern Affairs Canada. Copies are available through the Department or on its Web site at http://www.inac.gc.ca.
source: http://www.canadianheritage.gc.ca/special/gouv-gov/section2/infobox4_e.cfm
