Ongoing work to implement modern treaties and self-government agreements.
The modern treaty era began in 1973 after the Supreme Court of Canada decision, Calder et al. v. Attorney-General of British Columbia , which recognized Indigenous rights for the first time. This decision led to the first modern treaty, the James Bay and Northern Québec Agreement signed in 1975.
Since 1975, Canada has negotiated and signed 26 modern treaties with Indigenous groups in Canada, 18 of which contain self-government provisions or associated self-government agreements. Consult Modern treaties – Comprehensive Land Claims and Self-Government agreements map.
Modern treaties recognize the rights of Indigenous Peoples to:
To learn about ongoing work to negotiate modern treaties and other rights-based agreements with Indigenous partners, consult Negotiations in progress.
Modern treaties articulate the relationships, overall objectives and specific obligations and responsibilities that their signatories must achieve and execute. Canada is committed to meeting its obligations under modern treaties and to fully embody true nation-to-nation, government-to-government and Inuit-Crown relationships with Indigenous modern treaty partners.
To further these aims, Canada and Indigenous modern treaty partners co-developed Canada's Collaborative Modern Treaty Implementation Policy in 2023. It provides clear direction to federal departments and agencies to ensure the timely and effective fulfillment of obligations and objectives in the spirit in which the agreements were signed and with the purpose of strengthening intergovernmental relationships.
This policy provides new implementation tools to complement existing mechanisms and seeks to strengthen oversight and accountability by federal departments and agencies in carrying out Canada's modern treaty obligations. This will contribute to advancing a transformational shift towards genuine reconciliation.
This policy is in effect but is a continually evolving document that will be updated over time, including as new annexes are collaboratively developed.
Following engagement with Indigenous modern treaty partners in 2015, Canada published the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. The cabinet directive sought to define the roles and responsibilities of federal departments, and to require departments to assess program, policy, regulatory and legislative proposals to ensure that modern treaties are respected.
Following consultation with Indigenous modern treaty partners in 2015, Canada published the Statement of Principles on the Federal Approach to Modern Treaty Implementation which provided policy guidance to federal departments and agencies on their role in the implementation of modern treaties and self-government agreements.
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