Modern Treaties in Canada: A One Hour Course → Why the Change?

Why the Change?

The Nisg̱a'a Nation led by Frank Calder sued the Government of British Columbia, seeking a declaration that title to their lands had never been lawfully extinguished. The Supreme Court of Canada’s decision in 1973 led to the Federal Government agreeing to negotiate in respect of Indigenous claims to land.

Frank Calder stands in front of the Supreme Court of Canada building in Ottawa. Since the landmark Calder Decision The Supreme Court of Canada has on numerous occasions upheld the rights of Indigenous people to their land and to self-government. © Nisg̱a'a Lisims Government

What motivated the Federal Government to begin negotiating the detailed specific modern treaties of today?

In 1973, the Supreme Court acknowledged in the Calder case that Indigenous peoples had title to their land before Europeans arrived in North America. This changed everything, because governments had been acting as if Indigenous people had no legal rights to areas they had traditionally occupied.

In response to the Calder decision (and later decisions such as the Delgamuukw and Tsilhqot’in cases) there was a major shift in the federal government’s approach. It had to acknowledge Indigenous claims to land.

Prime Minister Pierre Trudeau and Queen Elizabeth II sign the Constitution Act, 1982.

The position of Indigenous peoples was further strengthened when Aboriginal and treaty rights were recognized and affirmed by Section 35 of the Constitution Act, 1982. Constitutional recognition and affirmation of modern treaty rights underlines the fundamental nature of the relationship between the Crown and Indigenous peoples.

Indigenous peoples’ leverage in negotiations has continued to increase, which is why we have 26 modern treaties today, and more on the way. For more detail please take our course: Modern Treaty Governments.