Self-government

On this page

• Advancing Indigenous self-government
• What is Indigenous self-government?
• Self-government agreements
• Ongoing self-government negotiations
• Other paths to greater self-determination
• Funding for self-government

Advancing Indigenous self-government

Indigenous peoples practiced their own forms of government for thousands of years before the arrival of European and other settlers in what is today Canada. 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 with Indigenous nations were forged through treaties, trade and military alliances. Over many centuries, these relationships were eroded by successive laws, policies and decisions that were based on a colonial and paternalistic approach. This includes the Indian Act, which was passed in 1876 and continues to determine how most First Nations in Canada are governed to this day. The Indian Act imposed a colonial governance system on First Nation communities where authority rested with the federal Minister.

Canada has now embarked on a journey of reconciliation between Indigenous and non-Indigenous peoples. It is a necessary journey intended to address a long history of colonialism and the scars it has left. The goal is to renew the nation-to-nation, government-to-government, and Inuit-Crown relationships with Indigenous peoples.

The Government of Canada is working in partnership with Indigenous peoples to undo federally 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 and reconstitute their nations, advance self-determination and, for First Nations, facilitate the transition away from the Indian Act and toward self-government.

Self-government negotiations are one way to work together in partnership toward this goal and advance Indigenous self-determination, which is a fundamental Indigenous right and principle of international law, as set out in the United Nations Declaration on the Rights of Indigenous Peoples.

What is 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.

Because communities have different goals, negotiations will not result in a single model of self-government. Arrangements take many forms based on the different historical, cultural, political and economic circumstances of the Indigenous governments, regions and communities involved. For example: Inuit land claim agreements have been signed in all 4 Inuit regions. These Inuit communities are pursuing their vision of self-determination under these agreements and in some cases through ongoing self-government negotiations. The Métis are also actively pursuing their own vision of self-determination through ongoing engagement with their citizens and through dialogue at Recognition of Rights and Self-Determination discussion tables with Canada.

Self-government is part of the foundation for a renewed relationship and is a pathway to development and economic growth that generates benefits for Indigenous peoples.

Self-government agreements

There are 25 self-government agreements across Canada involving 43 Indigenous communities. There are also 2 education agreements involving 35 Indigenous communities.

Consult Modern treaties and Self-Government Agreements (PDF version: 739 kb, 1 page) for a map of the self-government agreements signed to date across Canada and 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. One 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 1 or 2 key areas such as the Education Agreement in Nova Scotia and the Anishinabek Nation Education Agreement in Ontario.

Ongoing self-government negotiations

Currently there are about 50 self-government negotiation tables across the country. 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 Agreements under negotiations to learn about ongoing self-government 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:

• exploring new ways of working together at Recognition of Indigenous Rights and Self-Determination discussion tables
• 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 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
• creating a Comprehensive Community Plan that is initiated, designed and implemented by an Indigenous group for their community

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 5 year term.