Canada’s Emerging Indigenous Rights Framework: A Critical Analysis

Trudeau promised a new nation-to-nation relationship based on the recognition of Indigenous rights, respect, cooperation, and partnership. Over halfway into his mandate as Prime Minister, some clarity is emerging on the scope of that nation-to-nation relationship. In February 2018, Trudeau announced the development of a new and transformational Indigenous Rights, Recognition and Implementation Framework.

Since then, a suite of legislation and policy has been rapidly deployed. It includes fiscal policy, omnibus legislation, changes in negotiations for land and self-government, two new ministries of Indian Affairs and dozens of tables, working groups, MOUs, and related government initiatives.

Yet, there is scarce comprehensive analysis on the meaning and trajectory of Canada’s approach.

Our report finds that the Rights Framework expresses a clear and coherent set of goals, which revolve around domesticating Indigenous self-determination within Canadian Confederation. These goals have been ordered into legislation and policy in a manner that guides First Nations towards a narrow model of “self-government” outside of the Indian Act.