Indigenous Self-Determination: The Path to Nations-to-Nations Relationships

The Principle of Self-Determination

Self-determination — the right of peoples to determine their own political status and governance — is enshrined in international law through the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), ratified into Canadian law through Bill C-15 in 2021. For Indigenous peoples, self-determination is not an abstract principle; it is the practical right to govern their communities, manage their territories, and perpetuate their cultures according to their own laws and values.

What Self-Determination Looks Like in Practice

Across Canada, self-determination is being expressed in multiple forms:

• Modern Treaties: Comprehensive land claims agreements that establish governance rights, land ownership, and resource management frameworks.
• Self-Government Agreements: Agreements like the Nisga'a Final Agreement (1998) and the Tla'amin Final Agreement (2016) that transfer jurisdiction from Canada to Indigenous nations.
• Inherent Rights Governance: Nations that govern based on their own inherent authority rather than delegated federal power.
• UNDRIP Implementation: Using the framework of UNDRIP to advance free, prior, and informed consent across resource development, legislation, and policy.

"A nations-to-nations relationship means that we deal with the Crown as equals — not as wards, not as subjects, but as peoples with our own laws, our own governments, and our own rights."

— Grand Chief Doug Kelly, Stó:lō Tribal Council

The Nisga'a Model

The Nisga'a Nation in northwestern BC signed Canada's first modern urban treaty in 1998 after more than a century of negotiation. The Nisga'a govern themselves under their own constitution and laws, control their lands and resources, deliver their own government services, and have their own court system. The Nisga'a model has become a benchmark for what genuine Indigenous self-government can achieve.

Obstacles to Self-Determination

Despite legal progress, genuine self-determination faces significant structural barriers. The Indian Act continues to govern the daily lives of most on-reserve First Nations. Treaty negotiations can take decades and often leave communities in legal limbo. Funding for self-government is rarely adequate to deliver the services communities need. And the political will at the federal level fluctuates with each new government.

The Future: A Genuine Partnership

The most optimistic vision of the future sees Canada evolving from a state that governs Indigenous peoples to one that governs with them. This requires not just legal change but a fundamental shift in the relationship — from paternalism to partnership, from control to collaboration, from extinguishment to recognition. The journey is long, but the direction is clear.