First Nations in Canada have an essential, inherent right to self-government, exercised prior to the arrival of European settlers. As sovereign nations, First Nations have a communal right to lands and natural resources. The Inherent Rights of First Nations were first expressed in Treaties between the Crown and First Nations signatories, and are further recognized by the Constitution Act, 1982.

A constitutionally recognized agreement between the Crown and Indigenous peoples.

The British colonies of North America (which later became parts of Canada) began entering into treaties with Indigenous groups to support peaceful economic and military relations as early as 1701.

The majority of the 11 Member First Nations of the File Hills Qu’Appelle Tribal Council (FHQTC) are descendants of the 35 Cree, Saulteaux, and Assiniboine First Nations signatories of Treaty 4, also known as the Qu’Appelle Treaty. This treaty is one of 11 “Numbered Treaties,” and was negotiated post-Confederation, between 1871-1921, as the Canadian government expanded westward and northward.

Treaty 4 recognizes the offering of the Indigenous peoples’ land in exchange for provisions, payments and rights to reserve lands provided by the federal government. The Canadian government also agreed to provide farming tools, ammunition, reserves, and schools, and guaranteed Indigenous rights to hunt, fish, and trap on all ceded land, except for the exchanged land the government received to use for agriculture, forestry, mining, and settlement. Treaty 4 First Nations assert that these treaties must be interpreted in a modern context (e.g., reserve schools mean education; land development means economic assistance).

The Indian Act is the federal law of the Government of Canada used to govern Indian status, First Nations governments, and management of reserve land. When it came into law, it replaced a number of Colonial laws aimed at the forced assimilation of First Nations people. It dismantled traditional systems of governance and imposed external controls via the Indian Agent and the Department of Indian Affairs. The Indian Act applies to Status Indians only, and does not affect the Métis or Inuit.

Early amendments following the creation of the Indian Act forced First Nations children to attend residential schools, made it illegal for First Nations to practice their own ceremonies, prevented land claims, and controlled who could declare status, among many other restrictions. A 1927 amendment made it illegal for First Nations people or communities to hire lawyers without the consent of the federal government. Until 1961, a person lost status if they graduated university or became a Christian minister, doctor, or lawyer. First Nations women lost their status of “Indian” if they married a non-status man.

While 1951 amendments removed bans on ceremonies, permitted communities to pursue land claims against the government, and enabled women to vote in band council elections, many discriminatory sections remained. Status Indians were not permitted the right to vote until 1960. A woman’s status remained tied to who she married until 1985.

Today’s version of the Indian Act outlines Indian Status, reserve regulations, financial guardianship of minors, band resource management, elections, and many other aspects of life, especially for those living on a reserve. In recent decades, many First Nations have worked to establish self-government, and/or negotiated sectoral arrangements/opt-in amendments to the Indian Act that provide opportunities for self-determined governance, including the First Nations Lands Management Act (1999), the First Nations Fiscal Management Act (2005), the First Nation Property Ownership Act (2009), among others.

The Indian Act has had a profound impact on Indigenous cultures, economics, politics and communities and resulted in inter-generational trauma. While some First Nations people in Canada advocate for the abolishment of the Indian Act, others defend it as a protection of many First Nations rights.

Tribal Councils are formed when First Nations with common interests join together to deliver programs and services more effectively, and to advocate for collective rights and justice. Each individual Tribal Council determines its own governance structure, and whether leadership is elected or appointed. Recognized Tribal Councils are legally incorporated (as non-profit organizations) and accountable to the leadership of their Member Nations. There are 10 Tribal Councils in the province of Saskatchewan.

The Constitution Act, 1982, marks Canada’s full independence and ability to change its Constitution without approval from British Parliament. The original Act updated the previous Constitution of 1867 with a supporting Charter of Rights and Freedoms. Section 35 of the amended Constitution provides constitutional protection to Treaty and Aboriginal rights and provides that: (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

Adopted by the UN General Assembly on September 13, 2007, UNDRIP recognizes the rights of Indigenous peoples to self-government and self-determination. UNDRIP emphasizes the rights of Indigenous peoples to not only maintain and strengthen their own institutions, cultures, and traditions, but to further develop what is necessary in keeping with their own needs and aspirations.

Canada fully endorsed UNDRIP on November 12, 2010. The Senate of Canada officially passed Bill C-15 on June 16, 2021, which seeks to align Canadian law with UNDRIP by establishing an action plan to achieve UNDRIP’s objectives.