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Modern Treaties are constitutionally protected agreements that form part of the constitutional framework of Canada and represent a distinct expression of reconciliation.
Consistent with the on the Rights of Indigenous Peoples (UN Declaration), modern treaties are recognized, observed and enforced in BC and Canada. All modern treaty partners have obligations and commitments to ensure the full and effective implementation of modern treaties. To date, thirty Modern Treaties have been concluded between the Crown and Indigenous Peoples, covering more than 40 per cent of Canada’s land mass.
Every year the Treaty Commission provides an update Modern Treaty Nation in BC in its Annual Report.
To support the full, effective and timely implementation of all Modern Treaties in Canada, the Federal Government co-developed its Collaborative Modern Treaty Implementation Policy with Modern Treaty and Self-Governing Nations. It was released in May 2023. The specific goal of the policy is to advance a systemic shift in the institutional culture of the federal public service, reflected in behaviour, decision-making, and actions at every level of the Federal Government. This is important, as successful implementation of modern treaties requires a whole-of-government approach.
Please read the policy to learn more about guiding principles; direction for public servants; legislative and policy considerations; monitoring and evaluation; and further commitments.
For more information, and to access related resources on the Federal Government website, click here.
Following the passing of legislation committing to the implementation of the UN Declaration in Canada in 2021, the Federal Government developed, in consultation and cooperation with Indigenous Peoples, a 2023-2028 Action Plan.
The plan outlines 181 measures that reflect priorities identified by and proposals made by First Nations, Inuit and Métis Peoples; it contributes to achieving the objectives of the UN Declaration; and aligns with specific topics covered by the United Nations Declaration on the Rights of Indigenous Peoples Act.
Specific commitments toward modern treaty implementation included in the Action Plan can be found in Chapter 5: Indigenous Modern Treaty Partners priorities. These commitments include ensuring modern treaties are living agreements; assuring all federal departments and agencies are involved in implementation issues when necessary; engaging with Modern Treaty Nations on legislative, policy, and program development processes; and assuring that modern treaties are implemented in an effective and timely manner.
In recognition of the unique and distinct relationship between the Province of British Columbia and Modern Treaty Nations in BC, the Shared Priorities Framework was co-developed by the Government of British Columbia and the Alliance of BC Modern Treaty Nations to renew commitments and guide the implementation efforts of modern treaties.
Please read the framework to learn more about fiscal arrangements; Modern Treaty Nation participation in provincial legislative and policy initiatives; provincial organizational changes being made to advance a whole of government approach; and commitments ensuring that modern treaties are living agreements capable of evolving and improving over time.
The Premier meets annually with the Alliance of BC Modern Treaty Nations through the Premier’s Forum to advance the priorities outlined in the framework and to continue to make progress towards reconciliation.
Section 4 of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) requires the Province to develop and implement an action plan to meet the objectives of the UN Declaration, and to do so in consultation and cooperation with Indigenous Peoples.
The Action Plan outlines 89 commitments and measures covering four key themes to implement the Declaration Act from 2022-2027. Measures to implement Modern Treaties can be found throughout the themes of self-determination and the inherent right of self-government; the title and rights of Indigenous Peoples; ending Indigenous-specific racism and discrimination; and social, cultural and economic well-being. Since the release of the action plan in 2022, work has begun on 60 of the priority actions.
Progress made in implementation over the last few years includes the establishment of a Declaration Act Secretariat; a shifting of focus towards the co-development of long-term agreements to advance reconciliation, self-determination, and economic development; and the ongoing co-development of a distinctions-based fiscal relationship and framework to support First Nations governments.
Related information about the action plan and annual reports detailing the implementation of the action plan can be found here.
The Land Claims Agreement Coalition (LCAC) is a national body made up of Modern Treaty and Self-Governing Nations in Canada. It works to ensure that comprehensive land claims (also called modern treaties) and associated self-government agreements are respected, honoured, and fully implemented.
Fully implemented Modern Treaties benefit all Canadians. They clarify the terms of the ongoing relationships between Indigenous Peoples and the Crown and define how resources on traditional teritorries can be used and co-managed for the benefit of all Canadians.
The LCAC website offers information, resources, and several free online courses that can help people develop their understanding of treaties, agreements, and implementation.
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