Annex D: Actions taken towards dismantling of the Indian Act and to recognizing self-determination of Indigenous nations
Progress towards dismantling the Indian Act
Indigenous Services Canada reports on progress towards dismantling the Indian Act and recognizing the self-determination of Indigenous nations through reports like the Statutory Report Pursuant to Section 2 of the Indian Act Amendment and Replacement Act, Statutes of Canada, Chapter 38, 2014 and the Annual Report to Parliament.
The Statutory Report Pursuant to Section 2 of the Indian Act Amendment and Replacement Act highlights the Government of Canada’s focus on implementing its commitments for reconciliation with Indigenous Peoples. This includes creating and implementing policies to recognize the inherent rights of self-government and self-determination of First Nations, Inuit, and Métis. Canada recognizes Indigenous rights, and a commitment to affirmation of jurisdiction by First Nations and their movement out from under the Indian Act.
The Annual Report to Parliament outlines measures that Indigenous Services Canada is currently taking to achieve key objectives, including an objective on transferring responsibility for departmental services to First Nations, Inuit, and Métis control. This key objective is paramount for supporting the self-determination of First Nations, Inuit, and Métis communities and partners.
For a more comprehensive update on the work undertaken by Indigenous Services Canada, please consult the aforementioned reports on the Indigenous Services Canada Annual Reports page.
Self-determination
Federal measures that respond to and support the rights of Indigenous Peoples to self-determination are needed to strengthen Indigenous communities by addressing core public services, improving economic opportunities and access to lands and resources. In the context of Indigenous Peoples in Canada, and as indicated in the UN Declaration, self-determination can be defined as the ability to determine political status and to freely pursue economic, social, and cultural development. In exercising their right to self-determination, First Nations, Inuit and Métis might exercise the right to autonomy or self-government in matters relating to their internal local affairs and for financing their autonomous functions. Self-determination can be advanced in several different ways, through: treaties (modern and historic); self-government agreements; sectoral agreements (e.g. health, education); constructive arrangements; local/regional governance; and, taking part in decision-making processes (e.g. environmental assessments and international Treaty negotiations).
For more detailed insights on recent progress made in creating conditions for self-determination and renewed relationships, please see Fourth Annual Statutory Report (2023) Pursuant to Section 10 of the Department of Crown-Indigenous Relations and Northern Affairs Act, Statutes of Canada, Chapter 29, 2019 (rcaanc-cirnac.gc.ca).
Enacted in 2019, the Impact Assessment Act provides a new opportunity to enact regulations that would allow the Minister to enter into agreements with Indigenous governing bodies to be considered as jurisdictions on specific lands. Section 114(d) and (e) of the Impact Assessment Act allows the Minister, once regulations are in place, to enter into agreements with Indigenous Governing Bodies to take on federal impact assessment powers, duties, and functions on specified lands, and to be considered jurisdictions for the application of the Act.
The Impact Assessment Agency co-developed a discussion paper with a Circle of Experts, a subcommittee of the Indigenous Advisory Committee, that outlines options to enact regulations that would allow the Minister to enter into agreements with Indigenous governing bodies to be considered as jurisdictions on specific lands and share decision making throughout the Impact Assessment process. These agreements are the first step in opening that dialogue to explore the potential benefits, limitations, and challenges related to implementation of a new mechanism.
Department of Justice Canada
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