What are the origins of Aboriginal self-government?
First Nations people and Inuit practised their own forms of government for thousands of years before the arrival of Europeans in Canada. These governments reflected the economic, social and geographic diversity of Aboriginal people, as well as their cultural and spiritual beliefs.

This changed with the arrival of Europeans. A number of treaties were signed between Europeans and First Nations and laws and policies began to be introduced to integrate Aboriginal people into non-Aboriginal society. The functions and authority of Aboriginal governments eroded over time.

The result is that today, Aboriginal people are among the most disadvantaged in Canada. Living conditions of many Aboriginal people are below the Canadian standard. Restoring Aboriginal self-government is an elemental part of the federal government's efforts to renew Canada's relationship with Aboriginal people. The aim is to restore legitimate and accountable Aboriginal governments, as well as Aboriginal people's sense of ownership and responsibility for what happens in their communities. Self-government is a key step in improving the lives of Aboriginal people across the country.

What is Aboriginal self-government?
Self-government is Aboriginal governments passing laws and making decisions on matters:

• internal to their communities,
  
• integral to their unique cultures, traditions and languages and
  
• connected to their special relationship to the land and resources.

A self-government agreement could include matters relating to health care, child and family welfare, education, policing, administration of justice or housing, for example.

Self-government enables Aboriginal people to exercise greater control over their communities and gives them the tools they need to make tangible, positive differences. It fosters the type of citizen participation, service delivery and self-reliance enjoyed by other Canadian communities.

Sound governance should also provide Aboriginal Canadians with a solid foundation from which they can attract economic development and build self-sufficiency. Self-government creates the foundation for a renewed relationship and an improved quality of life for Aboriginal peoples.

Why is Canada negotiating self-government?
The Government of Canada believes Aboriginal people have the right to govern themselves; to make decisions about matters that affect their communities and to exercise the responsibility that comes with self-government. The Government of Canada has recognized that Aboriginal people have an "inherent right" of self-government guaranteed in the Canadian Constitution.

How are First Nations governed now?
Unless they have negotiated alternate self-government arrangements, most First Nations are currently governed by the Indian Act. They elect Chiefs and band councils which make decisions on their behalf and enact by-laws in a limited number of areas. But they are unable to pass laws in areas critical to the health and well-being of their communities, such as education or social assistance. The Indian Act establishes a limited and dependent form of local administration that does not take into account the specific circumstances of the community. Also under the Indian Act, First Nations are accountable to the Minister of Indian Affairs and Northern Development, rather than to their own community members.

Are self-government and land claims the same?
Self-government and land claims negotiations are not the same, but are related. When the Government of Canada started to negotiate modern-day treaties in the 1970's, it negotiated land and self-government separately. In areas where land claims negotiations are underway, the government's current policy is to negotiate land claims and self-government together.

Where all parties to the negotiations agree, rights in self-government agreements may be protected in new treaties. They may also be protected through additions to existing treaties or as part of a comprehensive land claim agreement.

Are all self-government agreements the same?
No. Self-government negotiations are tailored to the diverse needs, circumstances and desires of Aboriginal communities. Flexible negotiation processes are worked out jointly with the parties and, as a result, every self-government negotiation is unique.

There is no "one size fits all" approach to self-government. Self-government can be negotiated in the context of comprehensive land claims (e.g. Nisga'a) or by itself. Stand-alone self-government negotiations may cover a range of jurisdictions (e.g. Meadow Lake Tribal Council) or a single jurisdiction (e.g. Mi'kmaq Education Act).

Are the provinces/territories involved?
There are generally three parties to the negotiations: the Aboriginal group or groups, the federal government and the provincial/territorial government. This is the most practical, effective and efficient way of negotiating workable and harmonious intergovernmental arrangements. In some instances, the province or territory may elect not to participate in the negotiations. In these cases, negotiations may proceed between the Aboriginal group and federal government, but dealing only with issues under federal jurisdiction.

How does the negotiation process work?
Generally, there are five stages in the self-government negotiation process:

1. Entry
   
2. Framework Agreement
   
3. Agreement-in-Principle
   
4. Final Agreement
   
5. Implementation

What role does the public play in negotiations?
The Government of Canada recognizes the importance of conducting negotiations in a spirit of openness and co-operation. It is committed to providing members of the public with meaningful opportunities to have input into negotiation processes that may directly affect their interests. To this end, the Government will work with provinces/territories and Aboriginal groups to develop appropriate consultation mechanisms for parties that may be directly affected by self-government negotiations and agreements.

Who does self-government apply to?
Self-government agreements clearly indicate where and over whom Aboriginal laws will be exercised. For the most part, Aboriginal laws only apply on Aboriginal-owned or reserve land. In some instances, an Aboriginal government may be able to exercise some jurisdiction over its members off-reserve, subject to the agreement of the province or territory involved.

Where non-Aboriginal people may be resident on Aboriginal lands or have interests in them, they will be afforded input into decisions which affect them and will have access to appeal and redress mechanisms. This represents a significant improvement over the current situation under the Indian Act, which contains no similar requirement for non-member input mechanisms. All residents on Aboriginal lands will enjoy the same rights and freedoms under the Canadian Charter of Rights and Freedoms.

What happens if there is a conflict among laws?
Self-government agreements identify the specific subject matters over which Aboriginal groups may exercise jurisdiction. Broadly stated, these jurisdictions extend to matters that are internal to the Aboriginal group concerned, integral to its distinct Aboriginal culture and essential to its operation as a government or institution.

Self-government agreements set forth rules of priority on a subject-by-subject matter basis for federal, provincial and Aboriginal laws in order to resolve any possible conflicts between these laws. In all instances, in matters related to peace, order and good government and the Canadian Charter of Rights and Freedoms, federal laws would prevail over any Aboriginal law passed pursuant to a self-government agreement. Federal and provincial laws of general application and federal laws related to Canadian sovereignty, defence, and external relations will continue to apply to all persons residing on Aboriginal lands.

What about accountability?
Self-government agreements seek to provide for democratic and legitimate Aboriginal governments and institutions that are fully accountable to their members. In this regard, a key element of self-government agreements is the requirement for Aboriginal groups to develop community constitutions that provide for matters such as: democratic and legitimate elections and government; internal financial management and accountability to members; conflict of interest rules; procedures for the passage and amendment of Aboriginal laws; appeal mechanisms; and public notification of laws.

Self-government agreements include provisions requiring Aboriginal groups concerned to establish financial accountability standards that are at least comparable to those of other public governments providing similar public services. Financial records and statements must be in accordance with generally accepted accounting principles. Further, self-government agreements must include provisions enabling federal Ministers to fulfill their accountability requirements to Parliament with respect to federal transfers of monies.

How long does it take to negotiate a self-government agreement?
Achieving self-government, or re-building governance systems, is an immense challenge. Establishing new institutions or systems that are more accountable and effective takes time. It may take many years to negotiate an agreement in principle and subsequently a final agreement.

New relationships between Aboriginal governments and federal, provincial/territorial governments must be negotiated. Given the issues at stake, it is appropriate that time be taken to develop approaches and agreements that will work, stand the test of time and be able to adapt to evolving circumstances in a stable and managed way.

What's done to ensure a smooth transition to self-government?
Self-government agreements also provide for implementation plans and financial transfer agreements, which are attached to, but do not form part of, the agreements themselves. Implementation plans assist in the smooth transition from First Nation governments operating under the Indian Act to new governments based upon the terms and conditions of self-government agreements. Financial transfer agreements reflect the principles of financing set out in the main agreements, including the principle that self-government is a cost-shared responsibility.

The Government of Canada also supports the negotiation of innovative, practical arrangements that build incrementally to self-government. Taking a flexible, step-by-step approach to achieving self-government allows Aboriginal communities to gain experience and expand their human resource capacity, while contributing to governance and economic development. This has an immediate impact on the ground, while ensuring continued momentum.

What are the benefits?
Operating within the Canadian Constitution and federal and provincial/territorial laws, Aboriginal self-government will enable Aboriginal people to:

• take greater responsibility and control over matters that affect their lives and future;
  
• create their own laws in some areas;
  
• make choices about how to spend money and deliver programs and services to their people;
  
• better protect their culture; and
  
• build stronger relationships to promote social and economic opportunity.

Who benefits?
All Canadians will benefit from the new relationship that self-government creates.

By making Aboriginal governments directly accountable to their citizens, Aboriginal self-government helps promote effective governance. Self-government will enable Aboriginal people to restore their sense of ownership and responsibility over what happens in their communities.

Sound governance should also provide Aboriginal Canadians with a solid foundation from which they can attract economic development and build self-sufficiency. Giving Aboriginal people control over decisions affecting their communities provides an opportunity to break the cycle of poverty and dependency.

Stronger, self-sufficient Aboriginal communities result in a stronger Canada. That benefits all Canadians.

Quick Facts: The Guiding Principles of Self-Government
The Government of Canada is guided by several principles in negotiating all self-government arrangements:

• The Government of Canada recognizes the inherent right of self-government as an existing right within
  section 35 of the Constitution Act, 1982.
  
  
• Self-government will be exercised within the existing Canadian Constitution.
  
  
• Self-government does not mean sovereignty in the international law sense and will not result in sovereign Aboriginal nation states. Aboriginal peoples will continue to be citizens of Canada and of the province or territory where they live.
  
  
• The Canadian Charter of Rights and Freedoms applies to Aboriginal governments just as it does to all governments in Canada.
  
  
• Where all parties agree, rights in self-government agreements may be protected in new treaties. They may also be protected through additions to existing treaties or as part of comprehensive land claim agreements.
  
  
• Federal, provincial/territorial and Aboriginal laws must work in harmony.
  
  
• The interests of all Canadians will be taken into account as agreements are negotiated.

December 2004

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