Self-government

On this page

• Advancing Indigenous self-government
• Indigenous self-government
• How self-government works
• Self-government agreements
• Ongoing self-government negotiations
• Other paths to greater self-determination
• Funding for self-government

Advancing Indigenous self-government

Indigenous Peoples practised their own forms of government for thousands of years before the arrival of European and other settlers. These forms of government reflected the economic, social and geographic diversity of Indigenous Peoples, as well as their cultural practices and spiritual beliefs.

Early partnerships between colonial governments and Indigenous nations were forged through treaties, trade and military alliances. Over many centuries, these relationships were eroded by successive laws, policies and decisions. This includes the Indian Act, which was passed in 1876 and continues to determine how most First Nations in Canada are governed. The Indian Act imposed a governance system on First Nation communities where numerous decisions rested with the federal minister.

The Government of Canada is working in partnership with Indigenous Peoples to address previously imposed systems of governance and administration in favour of Indigenous control and delivery. Canada is working with Indigenous Peoples to support them in their work to rebuild their nations, advance their right to self-determination and, for First Nations, facilitate the transition away from the Indian Act.

Self-government negotiations are one way to work together toward this goal. Self-determination is a right set out in the United Nations Declaration on the Rights of Indigenous Peoples, which Canada has committed to implement in partnership with Indigenous Peoples.

Indigenous self-government

Canada recognizes that Indigenous Peoples have an inherent right of self-government guaranteed in section 35 of the Constitution Act, 1982. The Government of Canada's Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government was first launched in 1995 to guide self-government negotiations with Indigenous communities.

Negotiated agreements put decision-making power into the hands of Indigenous governments who make their own choices about how to deliver programs and services to their communities. This can include making decisions about how to better protect their culture and language, educate their students, manage their own lands and develop new business partnerships that create jobs and other benefits for their citizens.

Self-government agreements help create the stability that opens doors to new investments, economic growth and better social outcomes in Indigenous communities. Self-government helps people earn more and take part in the local workforce, which is good for both Indigenous communities and the country as a whole.

How self-government works

Negotiated agreements can set out law-making authority in many areas, including leadership selection and internal decision-making, social and economic development, education, health, and lands. It varies from group to group, depending on their unique needs and priorities and their vision of self-determination.

While there is no one-size-fits-all approach to Indigenous self-government, all of the agreements negotiated to date have some things in common. These include the following principles:

• no self-government agreement is possible without the approval of the Indigenous community's voting members
• self-government is negotiated within the Canadian constitutional framework and federal legislation is passed before the negotiated agreement takes effect
• under self-government, Indigenous laws operate in harmony with federal and provincial laws. Indigenous laws protecting culture and language generally take priority if there is a conflict among laws; however, the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and other general laws, such as the Criminal Code, continue to apply
• private property is not included in or affected by these negotiated agreements
• Indigenous laws apply to their citizens and to those who live and work on their lands as set out in the negotiated agreement
• Community members and non-member residents on Indigenous lands will have input into decisions that directly affect them

Self-government agreements

There are 24 comprehensive self-government agreements in effect across Canada that involve more than 40 Indigenous communities.

Search the Aboriginal and Treaty Rights Information System to find out more about each agreement, including the full text of the agreement and summary information. Use the name of the Indigenous group, agreement name, or other term as a "keyword" search word and then click on the heading Treaties and Agreements above the search box to find the related records.

Different forms of governance or self-government have been negotiated in Canada. Many self-government agreements are linked to modern treaties and related land claims like the self-government arrangements reached with most First Nations in the Yukon, which cover a broad range of law-making powers. Another example is the Nunavut Agreement, a modern treaty (comprehensive land claim agreement) where the self-government aspirations of Inuit are expressed through public government. This self-government agreement is unique due to the fact that the Nunavut government represents all the people residing in its territory.

Another form of self-government is where law-making power is negotiated with an Indigenous group in only one or two key areas such as the Education Agreement in Nova Scotia and the Anishinabek Nation Education Agreement in Ontario.

Métis are also actively pursuing their own visions of self-determination through ongoing engagement with their citizens, through co-developed self-government agreements on governance with Canada and through dialogue to advance reconciliation at rights-based discussion tables.

Ongoing self-government negotiations

There are about 100 active negotiations across the country where discussions with Indigenous partners focus on or include self-government. These tables are at various stages of the negotiation process and in many cases are being negotiated in conjunction with modern treaties.

Self-government agreements address (among other things) the following key aspects:

• the structure of the new government and its relationship with other governments
• new funding arrangements
• the relationship of laws between jurisdictions, such as how different laws will work together
• how programs and services will be delivered to community members
• ways to promote improved community well-being, often with a focus on Indigenous languages, heritage and culture and socio-economic initiatives
• preparations for when the agreement takes effect, such as implementation planning

Consult Negotiations in Progress to learn about ongoing self-government and other rights-based negotiations.

Other paths to greater self-determination

Indigenous groups are also pursuing greater self-determination, recognition of their rights and renewed relationships with other governments outside of self-government negotiations. This includes:

• negotiating a number of collaborative agreements with the private sector to secure benefits from resource development for their communities as well as administrative agreements with provincial governments
• developing protocols with the federal and provincial or territorial governments to facilitate consultation and accommodation through the Duty to Consult on development on their territories
• pursuing self-government arrangements that deal only with one subject area, such as greater control over the management of reserve lands through First Nations Land Management or child and family services
• creating a Comprehensive Community Plan that is initiated, designed and implemented by an Indigenous group for their community
• using instruments like the First Nations Fiscal Management Act, First Nations can choose to opt out of specific provisions of the Indian Act

Funding for self-government

The Government of Canada is committed to renewing the fiscal relationship with Indigenous Peoples based on respect, co-operation and partnership. Canada is working with self-governing Indigenous governments to co-develop fiscal policy approaches to support self-government. These co-developed fiscal policy approaches form Canada's collaborative self-government fiscal policy. This policy:

• only applies to Indigenous groups with self-government arrangements
• replaces, and takes precedence over other existing federal policies for groups to which it applies

Canada's collaborative self-government fiscal policy is the basis for development of fiscal arrangements. These arrangements are sometimes called:

• financial transfer agreements
• fiscal financing agreement
• fiscal relationship agreements

Fiscal arrangements detail the ongoing funding relationship between the Indigenous government, Canada and, where applicable, provincial or territorial governments. The arrangement provides funding that supports the operations of the Indigenous government to effectively deliver programs and services to its members on an ongoing basis. These fiscal agreements generally have a five-year term.

Related links

• Canada's collaborative self-government fiscal policy
• The Government of Canada's Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government
• Real property taxation by First Nations' governments
• Own-source revenue for self-governing groups
• Nation Rebuilding Program
• Mapping the way to self-determination