Honouring Treaties

National Strategy on Treaty Implementation

The Assembly of First Nations (AFN) National Strategy on Treaty Implementation is guided by the resolution Sacred Treaties – Sacred Trust: Working Together for Treaty Implementation and Advancing our Sovereignty as Nations (No. 07/2010) adopted by the Chiefs at the 2010 Annual General Assembly in Winnipeg.

The AFN is not a Treaty rights holder; its role involves facilitating and supporting the views of Treaty holders from all Treaty Nations to further engagement with the Crown.

The National Strategy on Treaty Implementation is intended to produce First Nations and Crown understanding on Treaty Implementation processes only; not the meaning and substance of Treaty Implementation as only Treaty Parties can discuss and agree on those matters.

Key Issues and Activities

Since the last Annual General Assembly, the AFN participated in the Treaties #1-11 Gathering hosted by Tsuu T’ina Nation as part of the roundtable process with the Pre-Confederation Treaties Roundtable, and the Federation of Saskatchewan Indian Nations pilot roundtable on resource revenue sharing held previously. These discussions were helpful in confirming views among Treaty holders in regard to Treaty implementation, and other issues such as dispute resolution and the importance of improving education based on Treaty.

The AFN further hosted meetings with Treaty Nation leaders and experts in November 2011 that led to the development of a draft First Nations Treaty Parties Statement regarding the Observance and Enforcement of Treaties. Several versions were composed and the draft statement was provided to First Nation leaders at the Special Chiefs Assembly in December 2011. Further revisions were made to the Statement following a strategic session on Treaty implementation at the Special Chiefs Assembly.

The most recent draft of the Statement was tabled at the Crown-First Nations Gathering held in Ottawa in January 2012. A concurrent session with Treaty leaders, the Prime Minister and other Crown representatives was held at the Gathering to discuss the priority of Treaty implementation and the Statement.

The Canada-First Nations Joint Action Plan was announced in June 2011. As part of the Joint Action Plan, Canada and First Nations agreed on common goals and shared principles in order to identify shared priority areas for action. Canada and First Nations committed to work together in making concrete and practical progress by engaging in a meaningful dialogue on:

“The future of historic Treaty Relationships to confirm areas of common ground with Treaty First Nations and to develop concrete options to reinvigorate Treaty relationships which builds on the outcomes of the 2008 INAC-AFN Treaty Conference.”

Furthermore, the Crown-First Nations Gathering Joint Outcome Statement released in January 2012 includes the following commitment:

“Advancing Claims Resolution and Treaty Implementation:

The Government of Canada and First Nations commit to respect and honour our treaty relationships and advance approaches to find common ground on Treaty implementation. The parties also commit to ensuring federal negotiation policies reflect the principles of recognition and affirmation mandated by Section 35 of the Constitution Act, 1982 and advance certainty, expeditious resolution and self sufficiency.”

The Crown-First Nations Gathering Joint Outcome Statement further sets a deadline of January 24, 2013 for reporting progress on commitments made. It reads:

“As partners in the Crown - First Nations Gathering, we will maintain the relationship through an ongoing dialogue that outlines clear goals and measures of progress and success. To help ensure momentum continues coming out of this event, we commit to work together and release a progress report by no later than January 24, 2013.”

Next Steps - Moving Forward

• The First Nations Treaty Parties Statement regarding the Observance and Enforcement of Treaties was developed unilaterally by Treaty leadership without the participation of the Crown. Therefore, an initial task may be to engage the Crown in a discussion to achieve a joint Treaty Statement or position to establish principles and processes for Treaty Implementation as a possible approach.

• Treaty implementation will require processes or frameworks for Treaty Nation leadership to engage with the Crown to fulfill the commitments and obligations agreed to, and that Treaty partners identify the appropriate representatives required to discuss these matters, including providing appropriate mandates, structures and directions to ensure successful Treaty implementation.

• It has further been agreed that the Royal Proclamation of 1763 and the upcoming anniversary of the Royal Proclamation in October 2013 will serve as an important focal point for the Treaty leadership to engage with the Crown. It has been recommended that Treaty Nations gather in Great Britain on the anniversary of the Proclamation and begin to plan for this gathering throughout the upcoming year. As part of the recent Royal Visit by His Royal Highness Prince Charles, Treaty leaders presented a request for an invitation from her Majesty the Queen to gather in Great Britain on the anniversary of the Royal Proclamation in October 2013.

• Discussions with Treaty Nations leadership and discussions with Crown representatives will continue to ensure that commitments and obligations agreed to as part of both the Crown-First Nations Joint Action Plan and the Crown-First Nations Gathering Outcome Statement are achieved.