Treaties in canada

There are a number of treaties between Indigenous groups and the Government of Canada. These sometimes also include provinces and/or territories as parties.

In Canada, there are both historic treaties with First Nations, as well as modern treaties (also known as comprehensive land claim agreements). Historical treaties in the Canadian context were first signed between the British Crown and First Nations. They impose a range of mutual obligations on signatory parties.

Historic Canadian treaties (those entered into between roughly 1701 and 1921) cover only some Aboriginal rights to land across Canada. There are ongoing negotiations in those areas where treaties were never signed. Modern treaties take the form of land claims settlements which are constitutionally protected.

The Canadian Government affirms that both forms of treaties are central to the future relationship between the Aboriginal people of Canada and the Government.

Modern treaties in Canada

The modern treaty era in Canada started in 1973 with the landmark Supreme Court of Canada deciscion in Calder et al v Attorney General of British Columbia, which recognised First Nations rights for the first time.

This case is credited with providing the impetus for the overhaul of the land claims negotiation process in Canada. The decision prompted the Canadian Federal Government to adopt a new policy to address Aboriginal land claims, leading to the development of the Comprehensive Land Claims Policy and the first modern treaty, the James Bay and Northern Québec Agreement (1975).

Since then, 25 treaties (known as modern treaties, or comprehensive land claim agreements) have been entered into between the Canadian Government and Indigenous groups. Some of these include rights to self-government. These treaties form the basis of the relationship between 97 Indigenous communities and provincial, territorial, and federal governments.

Since the 1970s, Canada's approach to treaty negotiations and treaty making has continued to evolve, due to developments in Indigenous law and ongoing engagement and dialogue with First Nations peoples.