Indigenous nations in Canada
Long before Europeans arrived, the Indigenous peoples of what is now Canada had their own governments, laws, economies and diplomatic relationships. The Haudenosaunee Confederacy, for example, was governed by the Great Law of Peace, which set out how its nations made decisions together.
The Constitution recognizes three groups of Indigenous peoples:
- First Nations: more than 600 communities with many distinct languages and cultures
- Inuit: mainly in the Arctic, in a homeland called Inuit Nunangat
- Métis: distinct peoples of mixed European and Indigenous ancestry, with their own culture and language (Michif), centred historically in the Prairies
Treaties
A treaty is a formal agreement between the Crown and Indigenous nations. Many Indigenous peoples understand treaties as sacred, nation-to-nation agreements about sharing the land, not surrendering it. Crown records often describe them differently, and these differences remain at the centre of many disputes.
| Type | Period | Examples |
|---|---|---|
| Peace and Friendship Treaties | 1725–1779 | Maritime treaties with the Mi’kmaq, Wolastoqiyik and Peskotomuhkati; no land surrender |
| Upper Canada and Robinson Treaties | 1764–1862 | lands in present-day Ontario |
| Numbered Treaties 1–11 | 1871–1921 | large areas of the Prairies, northern Ontario and the North; promised reserves, annual payments, schools, hunting and fishing rights |
| Modern treaties (comprehensive land claims) | 1975–present | James Bay and Northern Quebec Agreement (1975), Nunavut Land Claims Agreement (1993), Nisga’a Final Agreement (2000) |
The Royal Proclamation of 1763 recognized Indigenous land rights and said only the Crown could acquire Indigenous lands, by agreement. It is often called the "Indian Magna Carta."
The Indian Act
The Indian Act, first passed in 1876, gave the federal government broad control over First Nations people and reserves. It:
- created the band council system, often replacing traditional governments
- defined who had "Indian status"
- once banned ceremonies like the potlatch and Sun Dance (until 1951)
- once prevented First Nations people from hiring lawyers to pursue land claims
- supported the residential school system
The Act has been amended many times but still exists. Many First Nations want to replace it with their own systems of government.
Section 35: rights in the Constitution
Section 35 of the Constitution Act, 1982, "recognizes and affirms" existing Aboriginal and treaty rights. Court decisions have defined what this means:
| Case | Year | Significance |
|---|---|---|
| Calder | 1973 | recognized that Aboriginal title existed before colonization |
| Sparrow | 1990 | governments can limit Aboriginal rights only with strong justification |
| Delgamuukw | 1997 | defined Aboriginal title; accepted oral histories as evidence |
| Powley | 2003 | recognized Métis harvesting rights |
| Haida Nation | 2004 | established the Crown’s duty to consult and accommodate |
| Tsilhqot’in Nation | 2014 | first declaration of Aboriginal title to a specific area |
| Daniels | 2016 | Métis and non-status Indians fall under federal jurisdiction |
Self-government
Self-government means Indigenous peoples governing their own affairs: education, language, culture, land management, health and more. Forms include:
- band councils under the Indian Act
- traditional and hereditary governance, such as hereditary chiefs
- self-government agreements and modern treaties
- public governments in regions with Indigenous majorities, such as Nunavut
Canada’s federal government has recognized the inherent right of self-government as an existing Aboriginal right under section 35.
UNDRIP and reconciliation
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, sets out rights to self-determination, culture, lands and free, prior and informed consent. Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act in 2021, committing to align its laws with UNDRIP. British Columbia passed a similar law in 2019.
Ongoing issues
- land claims and resource development, such as pipelines and mining
- clean drinking water on reserves
- funding equity for education and child welfare
- language revitalization
- implementing the Truth and Reconciliation Commission’s 94 Calls to Action
Try it yourself
- Find out whose traditional territory and which treaty, if any, covers where you live.
- Choose one court case from the table and explain its impact.
- Compare Indigenous and Crown understandings of treaties.
- Research a self-governing First Nation and describe how it governs.
Quick recap
- First Nations, Inuit and Métis had their own governments before Confederation.
- Treaties are nation-to-nation agreements, from early Peace and Friendship Treaties to modern treaties.
- The Indian Act imposed federal control over First Nations.
- Section 35 protects Aboriginal and treaty rights; courts have defined title and the duty to consult.
- Self-government and UNDRIP are central to reconciliation.