Q: Who are the signatories of modern treaties?

A: There are generally three signatories to modern treaties. Modern treaties are negotiated between the Indigenous people and the federal Crown, as well as either the provincial Crown or a territorial government. In some cases, such as the JBNQA, there can be other signatories like a public utility (Hydro-Quebec).

Q: Who benefits from modern treaties?

A: Modern treaties benefit all Canadians.

All Canadians are parties to modern treaties. Regardless of when we may have come to this country, we are all treaty people, and we all benefit when communities thrive.

When buying or selling property, farming land, or just enjoying the beauty of this country, non-Indigenous Canadians are exercising treaty rights negotiated for Canadian citizens. Each of these traces back to rights granted to settlers under the terms of the treaties.

Treaty making with Indigenous peoples in Canada has altered the political, legal/constitutional, social and economic landscape of the country from coast-to-coast-to coast. Treaty implementation has never been more important—negotiated respectfully and implemented meaningfully, treaties benefit Canada and continue to form a fundamental part of our nation building.

Modern treaties are allowing Indigenous governments to become real partners with other governments and industry. They also enable Indigenous governments to ultimately become self-determining and self-sufficient. The positive impact on regional economies has been significant, and is happening in all areas of the country.

A few examples of economic development as a result of modern treaties:

1. In B.C., Nisg̱a’a Nation and partners are seeking regulatory approvals for a $55 billion liquid natural gas port project near the Nisg̱a’a village of Gingolx.
2. The Tsawwassen First Nation near Vancouver is a partner in projects totaling $750 million, including the largest mall in western Canada and a port container facility.
3. The Tłı̨chǫ Government in the Northwest Territories and its businesses have contributed more than $450 million to the Northwest Territories’ economy over the last decade through diamond mines and other projects on Tłı̨chǫ lands. (Note: This figure is from a 2014 study. The regional contribution of the Tłı̨chǫ to date is certainly much higher.)
4. Nunavik’s Makivik Corporation in northern Quebec has investments and joint ventures in airlines, shipping, construction, fuel distribution, and fisheries.

Q: What is the legal status of a modern treaty?

A: In legal terms, modern treaties have three separate aspects:

• They are lists of constitutionally protected rights and obligations
• They are contracts between Indigenous peoples and the federal Crown, as well as either the provincial Crown or a territorial government
• They have the force of law, equal in force to any other statute enacted by the federal and provincial Crowns, or territorial governments

Q: What do we mean when we say that modern treaties are “constitutionally protected?”

A: Modern treaties are constitutionally recognized and protected in sections 25 and 35 of the Constitution Act, 1982. Constitutional protection means that government cannot interfere with them even by passing a law. Therefore, modern treaties take precedence over other laws and policies in Canada

Q: Why are modern treaties different in different regions?

A: Treaties are negotiated individually and differ from region to region. The reason for the differences between them is that each signatory is a distinct people with unique cultural, political, and economic priorities. Modern treaties reflect that uniqueness. For example, in the Yukon the Umbrella Final Agreement created the Yukon Salmon Sub-Committee, an advisory body that makes recommendations on matters related to salmon. Salmon is an important fish for Yukon First Nations and that is reflected in their modern treaties.

Unlike historical treaties, with modern treaties Indigenous groups can spend years or even decades at the negotiating table, lobbying for agreement terms appropriate to their specific situations.