It's time for a new Indigenous Self-Government policy
Issue 05 | April 2026
Why hasn’t Canada replaced its policy approach to Indigenous self-government?
In the 2023 UNDRIP Action Plan, it committed to withdraw both the Comprehensive Land Claims Policy and the Inherent Right Policy and to define a new rights recognition approach. That hasn’t happened. Canada now operates beyond the policy it still formally relies on, creating unnecessary risk and confusion.
For Indigenous governments, it means exercising authority in a system that still treats that authority as something to be negotiated.
For federal, provincial and territorial governments, it means operating without a coherent framework, despite having committed to one.
For the private sector, it means uncertainty about who actually makes decisions and how to get to yes.
The system has moved ahead anyway
The system has not stood still waiting for policy to catch up. For decades, Canada’s approach to self-government followed a clear logic: negotiate the agreement, define the authorities, implement at effective date. That logic is now breaking down.
Even though the policy has not been formally repealed, that model is being overtaken in key areas.
In British Columbia, the 2019 Recognition and Reconciliation of Rights Policy reframed the starting point. Indigenous nations are already governments. The question is not whether self-government exists, but how it is recognized and implemented.
At the same time, Canada has begun reinforcing self-government through constitutional protection. Agreements such as the Déline Final Self-Government Agreement and the Whitecap Dakota self-government treaty have been given constitutional protection through federal legislation, a protection previously associated primarily with Modern Treaties.
Métis self-government agreements have further expanded the model, with agreements spanning Alberta, Saskatchewan, Manitoba and Ontario. These recognize Métis governments as governments within Canada’s system across large geographic areas, without the land-based structures found in modern treaties.
Federal legislation has also moved ahead of negotiated agreements. An Act respecting First Nations, Inuit and Métis children, youth and families affirms Indigenous jurisdiction over child and family services and allows Indigenous laws to have force of law without waiting for a comprehensive agreement.
Taken together, these developments are not incremental. They mark a shift from a system where self-government is defined through negotiation to one where it is increasingly recognized and exercised in practice. Authority is not something that arrives at the end of a process. It is already shaping decisions.
And yet, Canada is still operating under a policy framework designed for a different model. That is the gap. This is why it is time for a new Indigenous self-government policy:
Canada needs clear and dependable policy frameworks if it wants to move major projects through areas where self-government is being negotiated or implemented. Pictured here is Prime Minister Mark Carney announcing the Mackenzie Valley Highway.
The system has moved beyond the policy sequence
The 1995 Inherent Right Policy model assumes a sequence: negotiate, define, implement. That sequence no longer holds in practice.
Across the country, Indigenous governments are exercising authority before agreements are finalized. In British Columbia, governments are engaged as governments throughout negotiations. Under federal legislation, jurisdiction is exercised in specific sectors without a full agreement in place.
Canada is not operating within its policy; it is operating around it.
There is no single model anchoring the system
Self-government now advances through multiple pathways:
Modern Treaties with integrated self-government
stand-alone self-government agreements
sectoral legislation
sectoral agreements
community-based self-government
Métis recognition agreements
These were not designed as a single system. There is no single, clearly articulated policy framework connecting them. But they now operate side by side, often in the same regions and on the same issues.
That creates a growing burden.
For Indigenous governments, it means navigating multiple processes and recognition pathways while building institutions in real time.
For federal, provincial and territorial governments, it means managing overlapping mandates, inconsistent approaches, and increasing coordination demands across departments.
For the private sector, it means engaging in a system where the pathway to decision-making authority is not standardized and may differ from one region to another.
The challenge is now negotiating many models of self-government.
Canada is creating a new policy approach without being transparent
Canada is not just operating beyond its existing policy; it is actively reshaping the system through legislation.
Federal laws (i.e. the Child & Family Services Act) now affirm Indigenous jurisdiction in specific sectors and give legal force to self-government arrangements, allowing authority to be exercised without waiting for comprehensive agreements to be completed.
And agreements, such as with Tłegǫ́hłı̨ Got’įnę or the Manitoba Métis Federation, negotiated under this de facto new policy approach are now being entrenched through legislation.
The Red River Métis Self-Government Recognition and Implementation Treaty legislation (Bill C-21), introduced in February 2026, would give legal force to the treaty and formally recognize the Red River Métis Government within Canada’s constitutional framework.
Similarly, legislation to enact the Final Self-Government Agreement for the Tłegǫ́hłı̨ Got’įnę (Bill C-27), introduced in March 2026, would bring that agreement into force through federal law.
These moves do more than advance individual agreements. They are beginning to set the rules for how Indigenous governments are recognized, how their laws interact with federal and provincial laws, and how jurisdiction is exercised in practice.
In effect, the foundations of a new policy approach are being built through legislation. But that approach has never been clearly articulated, brought together into a coherent framework, or co-developed with Indigenous governments across the country.
Instead, it is emerging piece by piece, leaving a system where the direction is clear, but the rules are not.
Canada's approach to negotiating self-government is being entrenched through legislation, without a unifying and transparent policy framework.
The window to act is closing
Canada is entering a period defined by major projects, Arctic sovereignty, energy transition, and economic security. Every one of these priorities will move through regions where Indigenous governments exercise authority. That authority affects permitting, timelines, partnerships, and outcomes.
And yet, the policy framework guiding how Canada works with those governments belongs to a different era. That is the gap.
The question is not whether the policy will be replaced. It is when and how.
Clarity is needed sooner rather than later. The risks are already visible: inconsistent decision-making, uncertainty for proponents, and uneven recognition of Indigenous authority in practice. This is not normal policy lag. It is a mismatch affecting how authority is recognized and how decisions are made in real time.
The issue is that the system is evolving without a shared framework to guide how decisions are made.
A new policy must be co-developed with Indigenous governments across the country, not designed unilaterally or limited to engagement with national organizations. It must reflect the inherent right and the diversity of governance models now in place.
This is not just a policy update. A new policy on the inherent right of Indigenous self-government will shape how authority is recognized, how decisions are made, and how Canada functions in practice in the years ahead.
Kennedy Governance Strategies supports Indigenous governments and project proponents in navigating this evolving landscape. Where roles, authorities, and processes are still taking shape, we help clarify how decisions actually get made and how to move forward with confidence. The focus is practical: aligning governments, reducing uncertainty, and translating complex governance into workable approaches that deliver results. Message me to find out more.
The Modern Treaty Hub
In recent news:
The Government of British Columbia and Tla’amin Nation have signed a memorandum of understanding to advance collaborative stewardship across key areas of Tla’amin territory, including watershed management, groundwater, wildlife harvesting, parks, and cultural heritage. The agreement builds on commitments made under the Tla’amin Treaty and establishes shared processes for decision-making and long-term land and resource management. (BC Gov News)
The Maa-nulth First Nations and the Government of British Columbia are marking the 15th anniversary of the Maa-nulth Treaty, which came into effect in 2011 and established five self-governing Nations on Vancouver Island with jurisdiction over lands, resources, and governance. Over the past decade and a half, implementation has included building government institutions, advancing economic development, and exercising authority in areas such as land use, permitting, and program delivery. (BC Gov News)
Two large Indigenous art installations have been unveiled at a new industrial warehouse on Tsawwassen First Nation lands, developed in partnership with Beedie as part of ongoing commercial expansion in the area. The project reflects how Tsawwassen First Nation is integrating cultural expression directly into economic development, as industrial growth continues to strengthen its revenue base and governance capacity. (CBC News)
The Délı̨nę Got’įnę Government hosted a high-profile hockey game on Great Bear Lake to mark 200 years of the sport in the Northwest Territories, bringing together NHL alumni and the local community despite challenging conditions. The event drew national attention and highlighted Délı̨nę’s cultural significance as a historic site tied to the origins of hockey, while showcasing strong local coordination and leadership. (Yellowknifer)
Nunavut Tunngavik Incorporated is strengthening Inuit-to-Inuit relations through a Board meeting in Greenland, alongside new investments in circumpolar leadership, harvesting supports, and elder benefits. The decisions include funding to support the Inuit Circumpolar Council Chair in Canada, expanding income supports for Inuit harvesters and elders, and reinforcing Inuit presence in international Arctic discussions. (NationTalk)
The Yukon government has passed legislation to pause the territory’s planned health authority, halting a major reform initiative that had been developed in collaboration with Yukon First Nations. The amendments give the minister authority to stop transition work, override governance structures, and reassess the future of the initiative, with plans to potentially repeal the legislation entirely. (Yukon News)
The Dawson Regional Planning Commission has released its final recommended land use plan for the region, marking a key step in implementing the Tr’ondëk Hwëch’in Final Agreement and advancing long-term planning in the Yukon. The plan reflects years of joint work and now moves into a phase of public consultation led by both the Government of Yukon and the Tr’ondëk Hwëch’in Government, as required under the agreement. (Yukon News)
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