Preamble
The earliest period of Crown – First Nation relations is characterized by alliance, friendship, mutual
benefit through the Treaty making process. However, the impositions of the Indian Act and other
legislation directly subverted and undermined the Treaty relationship.
The Assembly of First Nation’s (AFN) National Strategy on Treaty Implementation is guided by AFN
resolution (no. 07- 2010) ‘Sacred Treaties – Sacred Trust: Working Together for Treaty Implementation
and Advancing our Sovereignty as Nations’ adopted by the Chiefs in Assembly.
The work of the National Strategy on Treaty Implementation is intended to produce a First Nations and
Crown understanding on the process for Treaty Implementation only and not the meaning or substance
of Treaty Implementation as only the Treaty Parties can discuss and agree on those matters. Each
Treaty and Treaty Relationship is distinct and unique – from the Pre-Confederation Treaties in the east
and central parts of the country to the Numbered Treaties in the west, and the Douglas Treaties on the
west coast – it is incumbent upon the Treaty rights holders to insist upon adherence to their respective
Treaty relationships with the Crown.
The Treaty rights holders will identify the appropriate representatives required to discuss these matters,
including providing appropriate mandates, structures and directions to ensure successful Treaty
implementation. Representatives of Treaty rights holders identified key principles that we must abide
by in developing a National Strategy consistent with their international and constitutional recognition.
The understandings that First Nations hold in common about the nature of Treaty, the significance of
the Treaty-making process, and the spirit and intent of Treaty are critical, as are the oral histories and
First Nation laws that governed at the time of Treaty-making.
At the January 11, 2013 meeting between First Nation leaders and the Prime Minister, the following
recommendations were brought forward:
Commitment to an immediate high level working process with Treaty Nation leadership for
establishing frameworks with necessary mandates for the implementation and enforcement of
Treaties on a Treaty by Treaty basis, between the Treaty parties Nation-to-Nation.
In order to be effective, progress on these areas will require fundamental change in the machinery of
government including direct political oversight, a dedicated Cabinet Committee with a secretariat
within the Privy Council Office with specific responsibility for the First Nation-Crown relationship to
oversee implementation.
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The purpose of this Forum is to have a full discussion on the required next steps for the full
implementation and enforcement of Treaties on a Treaty by Treaty basis.
Possible Process Requirements for a Treaty Implementation Process
The following are considerations which may assist in the deliberations regarding the best course for
moving forward:

Process Options - The identification of options relating to process requirements for facilitating
treaty by treaty engagements between the treaty parties.

Issues Identification - Discussion aimed at developing an agenda or menu of issues that could be the
subject-matter of treaty implementation discussions between the parties.

Rules for Constructive Discussions – Identifying the rules regarding good faith negotiations, fair and
liberal rules of interpreting Indian treaties and maintaining the honour of the Crown as the means of
ensuring fairness and determining the spirit and intent of treaties.

Dispute Resolution – The discussion of options for the establishment of mutual dispute resolution
mechanisms or accessing existing international mechanisms for dispute resolution in situations
where impasses cannot be overcome in treaty implementation discussions.

Legal Instrument Requirements - In order to respect the sanctity of the Treaties options may be
identified to ensure that approaches be identified to not disturb the original relationships, but to
also ensure the enforceability of agreements achieved in treaty implementation discussions.

Defining common terminology. Each Treaty Region could work to develop common terminology
amongst themselves and with their Treaty partners.

Each Treaty Region could determine for themselves their own common principles to guide treaty
implementation and renewal processes.

Identifying conflicts between federal policies and treaties. What mechanisms are needed to
address these over the short and long term?

Each Treaty Region could develop an aggressive plan for external communication including how
engagement occurs with third party interests and provinces.

Joint senior oversight/ evaluation mechanism. For progress to be made on Treaty implementation
fundamental change in the machinery of government needs to occur and be applied including
political oversight by the Prime Minister’s Office and the Privy Councils Office.
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
Possible Task Force on Treaty Implementation. A Task Force could undertake some of the following
activities: examine possible structures, mandates and composition of the High Level Mechanism and
bring recommendations back to the Chiefs in Assembly.
Machinery of Government and Oversight
Canada’s machinery of government must support and reflect the evolving relationship between First
Nations and the Crown and the need for new approaches on how government operates. The
inadequacies of the current relationship between the Crown and First Nations are expressed through
the myriad federal structures that bureaucratize the relationship and do not support reconciliation or
Nation building or re-building.
The Royal Commission on Aboriginal Peoples (RCAP) recommended a continuing bilateral process to
implement and renew the Crown’s relationship with and obligations to the Treaty nations, in accordance
with the Treaties' spirit and intent, along with the establishment of a Crown-Treaty office within the
Department of Aboriginal Relations. There are also other ways that Canada’s machinery of government
can be modified to reflect a proper relationship between the Crown and First Nations moving beyond
governance under the Indian Act system.
At the January 11th meeting and as a first step the Prime Minster committed to direct oversight from his
office and the Privy Council Office moving forward on the priorities brought forward in that meeting.
AFN will continue to pursue changes to the organization of government that can fulfill the original
Nation-to-Nation relationship, rather than those that will continue to monitor or administer matters
within the purview of First Nation governments.
Canada's System of Government
http://canada.gc.ca/aboutgov-ausujetgouv/structure/menu-eng.html
Canada is a democratic constitutional monarchy, with a Sovereign as head of State and an elected Prime
Minister as head of Government. It has a federal system of parliamentary government: Government
responsibilities and functions are shared between federal, provincial and territorial governments.
Federal responsibilities are carried out by the Monarchy and the Executive, Legislative and Judicial
branches of Government.
Constitutional Monarchy
Sovereign- Queen Elizabeth II: Monarch, Leader of Commonwealth, Canada's formal Head of State, Head
of both the Executive and Legislative branches. The Governor General- Viceroy - represents the Queen
in Canada and carries out the duties of head of state.
Executive Branch
The executive branch operates implements and enforces all the laws created by the legislative branch. It
is composed of the Queen (represented by the Governor General), the Cabinet (a body of high-ranking
members of government that includes the prime minister) and the administration.
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Legislative Branch
Parliament, the elected law-making branch of government, is made up of the Queen (represented by the
Governor General), the House of Commons and the Senate. Parliament is considered to be the highest
political institution in Canada's political system.
The legislative branch of government provides a forum for debate of the day's leading political issues,
and has the power and responsibility to create laws.
House of Commons
The House of Commons is the major law-making body. It is composed of elected representatives who
debate and vote on proposed laws for Canada.
Senate
The Governor General appoints senators upon the prime minister's recommendation. The Senate votes
on legislation after it have been passed in the House of Commons. No bill can become law unless it has
been passed by the Senate.
Forum Format
This Forum is designed to promote discussions from Treaty perspectives and on the basis of Treaty
grouping in accordance with the signatories of the various Treaties.
This Forum will facilitate and support dialogue on the following:
 Important process requires for Treaty Regions to consider as they move towards a Treaty
implementation process.
 Specific activities and next steps to support Treaty Implementation on a Treaty by Treaty basis; and
Day One – Treaty regions will be encouraged to designate a spokesperson to present their respective
proposals highlighting their views on process requirements for Treaty Implementation to succeed on a
Treaty by Treaty basis. Key elements and process requirements from each presentation will be
summarized for consideration by Treaty Leadership.
Day Two – Building on the dialogue from the first day, day two will provide an opportunity for further
elaboration on key aspects for Treaty Implementation.
Moving Forward – A summary report will be prepared to enable Treaty regions to take the information
back to their citizens for further dialogue at the community level. Also, a full report will be prepared for
the 2013 AFN Annual General Assembly for deliberation and possible resolution.
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