Indigenous self-government in Canada facts for kids

Indigenous self-government means giving Indigenous peoples in Canada more control over their own communities and decisions. It's about recognizing their right to govern themselves, similar to how provinces or cities have their own governments. Some ideas suggest Indigenous governments should have powers like local towns, while others believe they should be seen as equal nations talking with the Canadian government.

Who Are Indigenous Peoples in Canada?

In Canada, Indigenous peoples include the First Nations, Inuit, and Métis peoples. Before Europeans arrived, these groups had many different ways of governing themselves. Some lived in small groups, others had chiefs, and some formed large alliances. The Métis even had their own elected assembly.

However, after Canada was formed, the Canadian government often ignored or stopped these traditional ways of governing. For the Métis and Inuit, they became part of the Canadian system and could vote in regular elections. For First Nations, the government created the "band system" under a law called the Indian Act. This law gave First Nations governments very little power, mostly just over small areas called reserves. They couldn't vote in federal elections until 1960 unless they gave up their Indigenous status.

Why Is Self-Government Important?

Indigenous peoples believe they have an "inherent right to self-government." This means they believe they have always had this right because they were the first people on this land. They don't think self-government should be "given" to them, but rather that their existing right should be recognized.

Another reason for self-government comes from the idea of self-determination, which is a right recognized in international law. This means people have the right to freely decide their own political future and how they want to develop. The United Nations' Declaration of the Rights of Indigenous Peoples also supports this idea.

Self-government is also seen as a way to move beyond the old Indian Act, which was passed in 1878 and limited Indigenous communities. When a self-government agreement is made, many of the rules from the Indian Act are removed. This allows Indigenous communities to control things like their own education, healthcare, and how they use their land.

How Self-Government Ideas Have Grown

In 1969, the government suggested getting rid of band governments and having provinces manage services on reserves. Many Indigenous people opposed this idea. This opposition helped create national Indigenous organizations and brought the idea of self-government to public attention.

In 1982, Canada's Constitution was updated to recognize Aboriginal rights and treaty rights. In 1983, a special committee recommended that the government recognize First Nations as a separate level of government in Canada.

There were attempts to include Indigenous self-government in big constitutional changes in 1987 and 1992. While these attempts didn't fully succeed, they showed how important the issue was. In 1996, the Royal Commission on Aboriginal Peoples suggested that Indigenous governments should be recognized as a third level of government in Canada, alongside the federal and provincial governments.

Over time, the focus shifted from changing the Constitution to making agreements with individual communities. In 1995, the government officially recognized that self-government is an inherent right. This led to communities signing "modern treaties" with the Canadian government to gain more control and move away from the Indian Act.

Self-Government Agreements in Canada

As of 2016, the Canadian government had signed 22 self-government agreements. Most of these were part of larger land claim agreements. By 2019, this number grew to 25 agreements involving 43 Indigenous communities, with another 50 agreements being negotiated.

One example is Nunavut, a large territory created in 1999. It was formed for the Inuit people, who are the majority there. While anyone can live and vote in Nunavut, the strong Inuit population means their culture and languages, like Inuktitut, are very important in its government.

Another example is the Cree of northern Quebec. Since 1984, nine Cree communities are not under the Indian Act. They are governed by the Grand Council of the Crees. They have made agreements with Quebec to merge local governments into a new regional government.

The Anishinabek Education Agreement, signed in 2017, is another important step. It was the first agreement in Ontario where First Nations gained self-governance over their education system. This agreement allows them to develop their own education programs outside the Indian Act.

Funding Self-Government

When Indigenous communities become self-governing, they receive funding through "financial transfer agreements." These agreements are usually for five years and involve the federal government, provincial/territorial governments, and the Indigenous government. This funding helps support the services and programs run by the Indigenous government.

Laws and Rights on Self-Governed Lands

Self-government treaties also decide which laws apply and how they are shared between federal, provincial, and First Nations governments. Even with self-government, important Canadian laws like the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Criminal Code still apply.

This means that anyone living on First Nations land, including non-Indigenous people, can challenge decisions if they feel their rights are not being respected. The federal government also tries to make sure that non-Indigenous people living on First Nations land have a say in decisions that affect them, such as services or taxes.

See also

• Legal status of Hawaii
• Indigenous rights
• Self-determination