Crown-modern treaty relationship
The Crown-modern treaty relationship provides the foundation for just and ongoing reconciliation, founded in the honour of the Crown, with federal, provincial, and territorial governments. Implementing modern treaties is a shared responsibility among the Federal Government, Indigenous peoples, provinces, and territories.
The Federal Government enters into modern treaties on behalf of the federal Crown as a whole, and so the implementation of modern treaties requires a whole-of-government approach. Federal Government officials have a responsibility to uphold this unique relationship on behalf of the Crown.
One part of this includes engaging “relevant Indigenous Modern Treaty Partners in the early stages of legislative, policy and program renewal or design to ensure that the unique circumstances and authorities of Indigenous Modern Treaty Partners are considered and respected,” as stated in Canada’s Collaborative Modern Treaty Implementation Policy.
Therefore, engagement is a critical part of the Crown-modern treaty relationship.
Also, according to Canada’s Collaborative Modern Treaty Implementation Policy, the Federal Government has a duty to foster cultural competency and support education, knowledge, and understanding of modern treaties within their departments or agencies.
This means that it is also up to the Federal Government to ensure they take the necessary steps to engage appropriately with Indigenous modern treaty holders. This requires proper knowledge, awareness, as well as mechanisms and processes embedded in the federal system.
The Government of Canada regularly fails to practise appropriate and timely engagement with Indigenous modern treaty holders on legislative, policy, and program renewal and design.
Through Canada’s Collaborative Modern Treaty Implementation Policy, the Federal Government and Indigenous modern treaty holders are working to co-develop mechanisms and processes to make sure that federal officials at all levels engage with Indigenous modern treaty holders when there are modern treaty implications, and that such engagement is initiated early.
As discussed earlier, this includes updating the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, which involves ensuring that the Assessment of Modern Treaty Implications (AMTI) takes place early and that there are operational guidelines for mandatory engagement with Indigenous modern treaty holders when there is an AMTI.
