Empowering Indigenous Peoples through Self-Government: Progress and Challenges

Abstract

The story of Indigenous peoples and the government of Canada in the nineteenth and twentieth centuries is one of treaty violations, occupation of unceded territory, genocide, and discrimination by settlers. Progress has been immense over the last 50 years. The government of Pierre Trudeau’s 1969 White Paper called for the end of Indian Status and the Indian Act; only four years later, the Calder case recognized historical Indigenous land rights in a profound way. Nine years on, Indigenous rights were entrenched in Canada’s constitution. The strengthening of Indian status and historic land claim agreements followed. No doubt activism on the part of Indigenous peoples is a key explanatory variable. The 1970s and 1980s saw new recognition of human rights, equality, and the right to self-determination in the domestic context after the dismantling of legal segregation in North America as well as the creation of the Canadian Charter of Rights and Freedoms. Still, this story is not (yet?) one that has a happy ending. Some Indigenous peoples have land claim agreements, while such autonomy remains elusive elsewhere; other groups have self-government agreements, while certain negotiations have dragged on for decades. Several Indigenous governments are powerful and effective, while others find themselves subservient to colonial powers on their own lands. There are commentators who laud the fact that funding for Indigenous services in Canada has increased, yet the standard of living for Indigenous peoples is still less on average compared to non-Indigenous Canadians. The four