Annex B: Modern Treaty Priorities

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Modern Treaty Priority 1

Co-development of Modern Treaty Implementation Policy

• Link to TRC-CTAs: Yes
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

Throughout the 2024-2025 fiscal year, Canada and Indigenous Modern Treaty Partners continued to co-develop outstanding elements of Canada’s Collaborative Modern Treaty Implementation Policy with Indigenous Modern Treaty Partners, as set out within section 8.1 of the Policy.

Highlights included:

• The launch of discussions about economic reconciliation, including measurement of the economic contribution of Modern Treaties
• Continued co-development of a draft federal dispute resolution policy
• The completion of analyses and recommendations to alleviate barriers to Modern Treaty-based board member recruitment and retention
• Co-development of draft revisions and proposed improvements to the existing Cabinet Directive on Modern Treaty Implementation
• Over 5000 public servants trained in Modern Treaties in 2023-2024, with a similar trajectory in 2024-2025 (CIRNAC-led), with training subsequently transferred to the Canada School of Public Service and adapted for on-line self-paced courses
• Secured funding to continue support for Crown-Indigenous collective engagement mechanisms with Indigenous Modern Treaty and Self-Governing partners, including the Intergovernmental Leaders Forum (high-level multilateral mechanism between Indigenous Modern Treaty Partners, the Prime Minister and Ministers) that took place on May 2, 2024

CIRNAC has also continued progress towards co-developing self-government agreements with Modern Treaty partners who do not have self-government arrangements as part of their agreements. The department will continue working with other implicated departments, agencies, provinces, and territories to identify and address barriers that arise at negotiation tables. Information with respect to individual negotiations is confidential to maintain relationships built with partners.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

CIRNAC worked closely with Indigenous Modern Treaty Partners through regular working groups and other mechanisms to determine which annex elements were of priority, and what resources and capacity would be required to advance these items. Regular meetings and consultations facilitated discussions on governance, coordination, and the sharing of information, ensuring Indigenous partners had access to timely updates for informed decision-making.

Funding was provided to support key collective Crown-Indigenous engagement mechanisms with Indigenous Modern Treaty and Self-Governing partners. Overall, the commitment to collaboration and the establishment of effective communication channels were central to the efforts made during this period, reflecting a dedication to supporting the implementation of modern treaties and enhancing Indigenous governance.

Indigenous partner perspectives on implementation

Meetings were held with CIRNAC to discuss Canada's proposed "Recognition, Adaptability, Predictability" (RAP) language, with a proposal submitted to the Government of Canada for consideration. This proposal aims to amend the treaty to reflect the ongoing and evolving nature of the Modern Treaty relationship, emphasizing the need for adaptability and recognition of the rights and interests of the involved Indigenous communities.

Indigenous partners have expressed a strong commitment to the co-development of the annexes to Canada’s Collaborative Modern Treaty Implementation Policy, emphasizing the importance of recognizing First Nations' rights and fostering self-determination. There has been proactive engagement to identify priority actions that will help establish a collaborative path forward with Canada, highlighting the necessity of ongoing cooperation to ensure that Indigenous voices are respected in decision-making processes. This collaborative approach reflects a broader desire among Indigenous nations to engage meaningfully in the implementation of the Action Plan.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 2

Federal implementation of Modern Treaties

• Link to TRC-CTAs: Yes
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

CIRNAC, with JUS and the CSPS, are delivering training on the Declaration and its relation to Modern Treaties. JUS leads the implementation of the UN Declaration Act, providing guidance to federal departments to enhance understanding and respect for Indigenous rights related to modern treaties through education, policy, and oversight. CIRNAC is also collaborating with Indigenous Modern Treaty partners to improve accountability and oversight mechanisms. The goal is to ensure that treaty obligations are considered at all stages during the development of new initiatives, from initial planning to the writing of proposals.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

Consultation and cooperation efforts between CIRNAC, other departments, and Modern Treaty partners are ongoing, focusing on the development of the Implementation Policy and broader Modern Treaty implementation, including discussions on the interpretation of the United Nations Declaration. CIRNAC collaborated closely with Modern Treaty partners through the Modern Treaty Implementation Working Groups and the Inuit Crown Partnership Committee to explore how the UN Declaration Act could be effectively applied and utilized across the public service.

Indigenous partner perspectives on implementation

Some Indigenous partners believe that meaningful progress has not been made in directing federal public servants, including deputy heads, to implement the UN Declaration Act in a way that acknowledges the constitutional protection of Modern Treaties and their role in reconciliation. Some partners note many departments mistakenly believe that engaging with the AFN and First Nations Provincial/Territorial Organizations (PTOs) suffices for addressing the needs of Modern Treaty partners, leading to significant issues and a failure to recognize the unique relationship Canada has with these entities. The UN Declaration Act Action Plan emphasizes the need for federal public servants to implement the UN Declaration Act in a way that respects these distinctions, highlighting the need for further efforts in this area.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: CRA

Modern Treaty Priority 3

Consistency of laws and policies in Modern Treaty implementation

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

Canada is actively collaborating with Modern Treaty partners to ensure the thorough and timely implementation of all Modern Treaties through various evolving initiatives. These efforts include new and enhanced mechanisms outlined in the 2023 Collaborative Modern Treaty Implementation Policy, such as the Intergovernmental Leaders Forum, associated Policy Circle and working groups, and the modernization of the 2015 Cabinet Directive on the Federal Approach to Modern Treaty. Additionally, Canada is pursuing amendments to treaties and developing oversight mechanisms, along with legislative changes, including recent updates to the federal Interpretation Act. These initiatives are progressing at different rates.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

Please refer to Action Plan measures MT1, MT9 and SP2 for consultation and cooperation information.

Indigenous partner perspectives on implementation

Some Modern Treaty partners are not satisfied with progress on this Action Plan measure. Some partners believe that the Government of Canada should take meaningful and proactive steps to put in place a process to bring its policies and operational approaches into compliance with its treaty commitments.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 4

Modern Treaty implementation and Honour of the Crown

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

Work is ongoing with Modern Treaty partners towards full implementation of Agreements, including efforts supported through the development and operationaling of the Collaborative Modern Treaty Implementation Policy.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

CIRNAC met with Modern Treaty partners through bilateral and collective tables, with the overarching objective to take a broad, purposive approach to implementing Modern Treaties in a way that fulfills the spirit and intent of Modern Treaties and upholds the honour of the Crown.

Indigenous partner perspectives on implementation

See comments to Modern Treaty Priority 3 for information related to this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 5

Fulfilling treaty promises through Modern Treaty Implementation Policy

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

CIRNAC worked with Indigenous Modern Treaty Partners to draft revisions on the the Federal Approach to Modern Treaty Implementation, ensuring it aligns with Canada's Collaborative Modern Treaty Implementation Policy. This policy directs Deputy Heads to fulfill Canada's obligations under Modern Treaties in a comprehensive manner that upholds the honour of the Crown. Additionally, since 2016, Canada has collaborated with 25 Self-Governing Indigenous governments to develop the Collaborative Self-Government Fiscal Policy, which supports self-determination, and has completed a funding methodology for adult immersion language revitalization in accordance with this policy, with work being finalized in 2024-2025.

Consultation and cooperation

• Occurred: No
• Opportunity for future consultation and cooperation: Yes

The revised Cabinet Directive with Indigenous Modern Treaty Partners was co-development with the Modern Treaty Implementation Policy working group. PCH consulted and cooperated with 25 Self-Governing Indigenous Governments (SGIGs) through monthly meetings, resulting in a model for language revitalization focused on adult immersion programming. Since 2020, PCH and CIRNAC have co-led efforts to develop a costed funding model for Indigenous language revitalization. This funding model was finalized in May 2024. Effective engagement with Indigenous partners requires significant time, resources, and funding, making it essential to achieve clear outcomes for both Indigenous partners and government departments.

Indigenous partner perspectives on implementation

See comments to Modern Treaty Priority 3 for information related to this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: PCH

Modern Treaty Priority 6

FPTI collaboration in Modern Treaty implementation

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

Federal, provincial, territorial, Indigenous (FPTI) collaboration in Modern Treaty implementation remains a priority for the Intergovernmental Leaders' Forum. Officials from the Modern Treaty Self Government Policy Directorate within CIRNAC will continue to participate in the PCO-led working groups on FPTI matters and will continue to keep key partners informed as issues are raised by Indigenous Modern Treaty Partners.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: No

The objective of enhancing participation and representation of Modern Treaty partners in FPTI tables can be addressed through the Modern Treaty Implementation Policy Working Group and bilateral engagements with Indigenous partners, as well as discussions at the Intergovernmental Leaders Forum with the Prime Minister. The Government of Canada is committed to strengthening intergovernmental coordination to ensure the consistent and effective implementation of modern treaty obligations while seeking meaningful engagement with Indigenous partners. During the 2024 Intergovernmental Leaders Forum, Modern Treaty partners highlighted the importance of their involvement in these discussions, with initial conversations being led by the PCO.

Indigenous partner perspectives on implementation

See comments to Modern Treaty Priority 3 for information related to this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 7

P/T collaboration to advance Modern Treaty rights

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

CIRNAC and other departments continue to explore opportunities to work with Provinces and Territories towards achieving the objectives of the UN Declaration in relation to the advancement of the rights, interests, jurisdictions, obligations and authorities of Indigenous Modern Treaty Partners throughout Canada.

Consultation and cooperation

• Occurred: No
• Opportunity for future consultation and cooperation: No

This objective can be raised at the Modern Treaty Implementation Policy Working Group or through bilateral engagements with Indigenous partners as part of ongoing collaboration. The Government of Canada remains committed to working with Modern Treaty partners to strengthen intergovernmental coordination and ensure that obligations are implemented in a consistent and effective manner. In addition, the Government of Canada will continue to seek opportunities for meaningful engagement with Indigenous partners and relevant federal and provincial/territorial counterparts.

Indigenous partner perspectives on implementation

See comments to Modern Treaty Priority 3 for information related to this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 8

Co-developing funding approaches to Collaborative Self-Government Fiscal Policy

• Link to TRC-CTAs: Yes
• Link to MMIWG-CFJs: Yes

Work completed to advance Action Plan measure in 2024-2025:

Since 2016, Canada and representatives from 25 Self-governing Indigenous governments have co-developed Canada's Collaborative Self-Government Fiscal Policy and its associated methodologies to fund the areas of responsibility of Self-governing Indigenous Governments through the Collaborative Fiscal Process. This co-developed process has created conditions for self-determination. Since the policy's release in 2019, a co-developed funding methodology has been finalized for governance and administration expenditure needs, and collaborative work to co-develop proposals for expenditure need methodologies for infrastructure; lands management and language revitalization was completed in 2024.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

The Government of Canada consulted with 25 Self-Governing Indigenous Governments through monthly in-person plenaries and key working group meetings focused on finalizing proposals for expenditure need models related to infrastructure, land management, and language revitalization.

Indigenous partner perspectives on implementation

Some Modern Treaty partners noted that some meaningful progress has been made toward meeting the action plan commitments of approving new funding methodologies for Indigenous Languages, Land Management and Phase Two Infrastructure. However, those methodologies were not approved. This was also a commitment from the previous year that the Government of Canada failed to meet. Partners noted a concern on the lack of transparency on efforts to meet this commitment.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 9

Co-developing a Modern Treaty oversight mechanism

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

On May 2, 2024, the Prime Minister announced the establishment of a Commissioner for Modern Treaty Implementation, supported by $10.6 million over four years. National consultations on the draft legislative proposal began on May 28, 2024 and continued until July 19, 2024, engaging over 130 Indigenous partners, with 60 partners directly involved in bilateral and multilateral meetings. On October 10, 2024, the Minister of Crown-Indigenous Relations introduced legislation to establish the Commissioner (Bill C-77), which reached its first reading. However, the prorogation of Parliament on January 6, 2025, caused all government bills, including Bill C-77, to not receive Royal Assent.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

Consultations and engagements on the draft legislative proposal for the Commissioner for Modern Treaty Implementation took place from May 28 to July 19, 2024, involving over 130 partners, including Indigenous Modern Treaty Partners and various Indigenous organizations. Direct meetings were held with 60 partners through bilateral and multilateral discussions, including British Columbia, Saskatchewan, Manitoba, and the Yukon to engage with leadership. Partners expressed strong support for the initiative, which was co-developed, and provided over 100 proposed changes during the consultation period. This feedback led to further discussions with Indigenous Modern Treaty Partners to collaboratively shape key revisions in the updated draft proposal. In September 2024, the Minister convened a roundtable with partners, where all parties indicated their support for the revised draft.

Indigenous partner perspectives on implementation

Some Modern Treaty partners have expressed satisfaction with Canada's outreach regarding the development of a Modern Treaty Commissioner in 2024, viewing it as a sign of increased awareness within the federal government regarding treaty negotiations. They appreciated the opportunity to provide input and look forward to further engagement with the Government of Canada on Modern Treaty Priorities. However, as Bill C-77 did not receive Royal Assent because of the prorogation of Parliament, there are concerns about whether the bill will be reintroduced.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 10

UN Declaration as an interpretive tool for Modern Treaty implementation

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

Endorsed in 2023, Canada collaborated with Modern Treaty partners to co-develop the Collaborative Modern Treaty Implementation Policy, which applies across the entire government. Section 3.7 of the Policy emphasizes that Canada and Indigenous Modern Treaty Partners recognize the United Nations Declaration on the Rights of Indigenous Peoples as an authoritative interpretive source for Canadian law, as affirmed by the UN Declaration Act. This declaration serves as a universal international human rights instrument and informs the implementation of modern treaties, establishing the rights and principles it affirms as minimum standards.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

CIRNAC holds regular meetings with Modern Treaty and Self-Government partners through technical working groups to ensure progress on commitments outlined in the Modern Treaty Implementation Policy. Additionally, JUS has led efforts related to the federal Interpretation Act (Bill S-13), which includes proposals to reference the UN Declaration as an interpretive tool. Indigenous Modern Treaty partners were involved in the co-development of the Policy and continue to be actively engaged in shaping how Canada implements the associated measures. For further details, inquiries should be directed to Justice Canada.

Indigenous partner perspectives on implementation

Some Modern Treaty partners noted that the UN Declaration and the UN Declaration Act should be seen as tools to enhance modern treaty implementation, not an alternative. This fits with the need for a whole of government understanding and commitment to proactively, meaningfully implement modern treaties.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 11

Modern Treaty tax policies, systems, arrangements, and incentives

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

FIN engages regularly through a Standing Tax Working Group with Modern Treaty partners as part of Canada's Collaborative Self-Government Fiscal Policy process and undertake collaborative work. For example, work has been done to explore revitalization options for federal Indigenous tax policies aimed at increasing take-up of Indigenous tax jurisdiction arrangements.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

FIN works with Indigenous Modern Treaty Partners to explore options for federal Indigenous tax policies, including exchanging views and interests, priorities, analysis and possible proposals for Indigenous Modern Treaty Partner tax systems. In 2024-2025, discussions focused on exploring options to enhance the flexibility of taxation tools available to Modern Treaty Partners.

Indigenous partner perspectives on implementation

Some Modern Treaty partners welcomed the change to the policy related to the application of the Indian Act section 87 tax exemptions. However, for historic reasons this change had limited or no impact on many Modern Treaty partners. In addition, there has been productive discussions with FIN regarding updating federal Indigenous tax policy. Modern Treaty partners are encouraged with the openness to consider a policy that is more reflective of their self-government powers, however, more than 6 years of policy discussion have yet to produce a result.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 12

Modern Treaty partner collaboration and FPIC on environmental legislation and policies

• Link to TRC-CTAs: NA
• Link to MMIWG-CFJs: NA

Work completed to advance Action Plan measure in 2024-2025:

No update was provided for this Action Plan measure.

Consultation and cooperation

• Occurred: NA
• Opportunity for future consultation and cooperation: NA

No update was provided for this Action Plan measure.

Indigenous partner perspectives on implementation

See comments to Modern Treaty Priority 3 for information related to this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 13

Modern Treaty partner collaboration and FPIC on fisheries legislation and policies

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

Within the reporting cycle, DFO focused on advancing bilateral discussions and negotiations with various Indigenous Modern Treaty partners to address their fisheries interests across British Columbia, Yukon, Northwest Territories, Nunavut, and Quebec, which may inform new or revised fisheries policies and support implementation During the summer of 2024, DFO successfully negotiated Fisheries Chapters and initialed Modern Treaties with Kitsumkalum, Kitselas, and K’ómoks First Nations. Additionally, DFO actively supported several whole-of-government policy renewal initiatives led by CIRNAC in collaboration with Modern Treaty partners, including the establishment of the Commissioner of Modern Treaty Implementation and other commitments outlined in the Indigenous Modern Treaty Partners Priorities chapter.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

Throughout 2024-2025, the Government of Canada has actively consulted and engaged with the Maa-Nulth First Nations to develop new commercial fishery arrangements for Pacific salmon, groundfish, and shellfish within their territory, drawing on the rights-based fisheries and fishing plans of the Nuu-chah-nulth Nations. While challenges have arisen due to differing perspectives on the scope, scale, and priority of access, both parties remain committed to exploring opportunities for the incremental and practical development and implementation of these new fishery arrangements, with the aim of achieving progress as early as 2025.

Indigenous partner perspectives on implementation

Some Modern Treaty partners identified four key priorities related to fisheries within the Action Plan, emphasizing the need for greater governance and management authority over their treaty fishing areas. Despite these priorities, there has been limited progress in collaboration with DFO. Salmon conservation and sustainability efforts on the east and west coasts have yet to be fully and fairly funded to include co-development of conservation efforts. Frustration was expressed over the slow response and lack of meaningful engagement from the department, particularly regarding negotiations for a commercial fishery that were initiated in 2020.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 14

Respecting Modern Treaties in land and land use planning legislation, policies, and programs

• Link to TRC-CTAs: NA
• Link to MMIWG-CFJs: NA

Work completed to advance Action Plan measure in 2024-2025:

No update was provided for this Action Plan measure.

Consultation and cooperation

• Occurred: NA
• Opportunity for future consultation and cooperation: NA

No update was provided for this Action Plan measure.

Indigenous partner perspectives on implementation

See comments to Modern Treaty Priority 3 for information related to this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 15

Supporting Modern Treaties evolution to reflect Indigenous rights developments

• Link to TRC-CTAs: No
• Link to MMIWG-CFJs: No

Work completed to advance Action Plan measure in 2024-2025:

Policy development on potential modern treaty evolution implementation is on-going and being tailored to individual Indigenous partners' agreements, including paths for Modern Treaties to keep pace with new legislated Indigenous rights frameworks.

Consultation and cooperation

• Occurred: Yes
• Opportunity for future consultation and cooperation: Yes

Partners were engaged on a bilateral basis per the nation-to-nation, government-to-government nature of the agreement to work on amendment negotiation.

Indigenous partner perspectives on implementation

See comments to Modern Treaty Priority 3 for information related to this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

Modern Treaty Priority 16

Upholding Modern Treaty partners’ rights across international borders

• Link to TRC-CTAs: NA
• Link to MMIWG-CFJs: NA

Work completed to advance Action Plan measure in 2024-2025:

No update was provided for this Action Plan measure. However, it is linked to work reported on under Shared Priority 52.

Consultation and cooperation

• Occurred: NA
• Opportunity for future consultation and cooperation: NA

No update was provided for this Action Plan measure.

Indigenous partner perspectives on implementation

No input was provided for this Action Plan measure.

Milestones

No milestones were provided for this Action Plan measure.

Other departments and agencies that contributed to this APM: None

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