Treaty 2 Territory – The Government of Canada recognizes the inherent right of self-government as an existing right under section 35 of the Constitution Act, 1982. First Nations in Treaty 2 Territory have always had the inherent right to govern themselves and have agreed, making it clear that the right is not created by Canada and their Constitution, but is implicitly recognized by it.
The Government of Canada recognizes, as well, that the inherent right may find expression in treaties, and in the context of the Crown’s relationship with treaty First Nations. First Nations in Treaty 2 Territory would express the concept by saying that the Treaty itself is an expression of the inherent right, and concurs that it is a vital element in the context of the Crown’s Relationship with The Nation.
The Government of Canada recognizes that the inherent right is based on the view that the First Nations in Treaty 2 Territory have the right to govern themselves in relation to matters that are internal to their Nations, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and their resources. First Nations in Treaty2 Territory would not agree if the statement is intended to be a limitation, but sees opportunity for the two Governments to work together in many ways pursuant to the Treaty.
The Government of Canada acknowledges that the inherent right of self-government may be enforceable through the courts. First Nations in Treaty 2 Territory agree, but join with Canada concluding that litigation over the inherent right would be lengthy, costly and would tend to foster conflict.
Further, First Nations in Treaty 2 Territory join with the Government of Canada in being convinced that litigation should be a last resort. Dialogue and negotiations among the governments are clearly preferable as the most practical and effective way to implement the inherent right of self-government.
This concludes that the Government of Canada must realize that FNT2T has formed its foundation from the Treaty of Niagara, the Royal Proclamation and Treaty No.2 its self. Canada should see no problem in seeing the Inherent Right of Self-Government as being confirmed in s. 35 of the Constitution of Canada, 1982 and begin an Anishinaabe Governance process.
Last modified: December 14, 2019