Inherent and Treaty Self Governance

These questions are based on real themes and concerns raised by Muskeg Lake Cree Nation members — from community meetings, surveys, conversations with leadership, and comments shared on social media. We’ve heard your voices and know that self-government is a big topic with many layers. This series is meant to break it down in a clear and honest way — one question at a time. Our goal is to support understanding, spark conversation, and make sure every citizen has the information they need as we move forward together. Self-government is not just a policy — it’s about reclaiming who we are, on our own terms.

What is Inherent and Treaty Based Governance in Muskeg Lake?

As First Nations peoples, we have the right of “self-determination,” which includes a right of self-government. In Canada, this right was hard fought for by our peoples and is recognized and affirmed by section 35 of the Constitution Act, 1982. This right is also enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Inherent and Treaty Based Governance for Muskeg Lake is evolving and will depend on the vision, needs and priorities of our citizens and how a citizens want to translate these rights into practical arrangements on the ground. At a minimum, however, self-government includes recognition of 1) our right to develop our own core institutions of government (e.g., how we determine who are our citizens and select our governing bodies, such as Chief and Council) and 2) essential subjects over which our governments have law-making power (e.g., our “jurisdiction” over such things as lands, education, health, culture and language). Self-government is our right and it is also our responsibility.

Do we need to leave the Indian Act?

For all bands in Canada, until they re-establish their own institutions of governance, under either the Indian Act (e.g., membership codes, election codes) or other authority, all the core institutions of governance are legally established and regulated in accordance with the paternalistic rules set out in the Indian Act. Muskeg Lake Cree Nation despite its achievements, remains controlled by the Indian Act. This colonial legislation stripped away our inherent governing powers and imposed a form of government that did not align with the Treaty 6 rights of our peoples. Furthermore, the Indian Act band government creates multiple barriers and financial constraints in responding to the needs of our community. The Indian Act attempted to permanently remove our inherent and Treaty right to govern ourselves. It took away the opportunity to build our own economy without the approval of the Government for every initiative, and it was used to remove our children, force attendance at residential school and other efforts to destroy our identity, language, customs and distinct culture.

Will I lose any existing programs and services?

One of the intentions of self-government is that our Nations will be able to design and deliver programs and services that can meet the needs of their citizens better than those provided by Canada. This will not mean that Canada is relieved of its financial obligations in relation to payment for these programs and services. The goal is to improve the design and delivery of these programs and services to better serve our people. When a First Nation becomes self governing, its citizens continue to be entitled to all of the rights and benefits (e.g., old age security) of all other Canadian citizens or permanent residents of Canada. Citizens are eligible to participate in and benefit from any federal programs for Aboriginal people that we have not assumed responsibility for providing.

Can Chief and Council take us into self-government without our approval?

Chief and Council cannot finalize a self-government agreement (either sectoral or comprehensive) without the approval of the citizens. No agreement resulting from any negotiations is binding on a First Nation or its citizens until there has been a formal community ratification process, through either a referendum vote or a comparable democratic process where each citizen eligible to vote will have his or her say.

How is self-government working for other First Nations?

First Nations with sectoral or comprehensive self-government arrangements are generally doing better economically and socially than when they functioned under the Indian Act, with some doing exceptionally well. Those First Nations looking at becoming self-governing today have the benefit of over 30 years of self-government experience in other Nations.

Why do we need self-government?

“Government” comes in many forms but is always needed. Governance can, of course, be done well or badly. Research and experts tell us that the quality of governance, much more than its specific form, has a huge impact on the fortunes of any given society. Societies that govern well simply do better economically, socially and politically than those that do not. Strong and effective governance increases a society’s chances of meeting the needs of its people. Experience also shows us that one of the key factors in the economic and social success of First Nations is their being self-governing (for example, see the Harvard Project on American Indian Economic Development). Governance under the Indian Act is not self government. In fact, it is quite the opposite. The act makes us “wards” of the state, where the rules are set by Canada and all the important decisions are made for us. The Indian Act system of governance has promoted an impoverished concept of government in our communities. “Government” for us has become little more than managing programs (education, health, housing, social assistance, etc.) and distributing limited resources (money, jobs, influence and services). As First Nation citizens and governments, we need to move past this current reality and make our own rules as to the structure of our institutions of governance and, with accountable First Nation governments, make our own laws and decisions. Until we change the Indian Act system, the way our communities are run and the rules that apply to their day-to-day operations will remain the same.

Who is going to pay for self-government?

Under self-government, new funding arrangements will be negotiated with Canada that must take into account the increased jurisdiction and responsibility of self-government. Some governance agreements include principles to guide these negotiations. All governments need to generate revenues to provide a government and the programs and services provided by that government. Ours are no different. The cost of First Nations’ government is a responsibility shared by all orders of government in Canada (Canada, Saskatchewan and Muskeg Lake). Today, most First Nations, even under the Indian Act, raise some revenues to provide programs and services for their people, although most rely on federal transfers where the terms and conditions for what and how the money is used remains highly regulated. Funding for First Nations governance in Canada is inadequate, and First Nations either struggle to function or, if they have independent revenues, contribute those to pay for their own government. Funding support from Canada needs to be more realistic in recognizing First Nation responsibilities. In the future, more of our revenues will come from a government grant relating to fees and charges, resource royalties, and possibly taxes levied by us. Consideration needs to be given to expanding the power of First Nations to raise revenues from activities on our lands. These revenues and continued transfers from other governments will be used to ensure that our citizens receive programs and services comparable to those received by other Canadians.

Will I lose my tax exemption under self-government?

Muskeg Lake intends to maintain section 87, personal tax exemption, of the Indian Act. Whether other governments should be able to tax our citizens is one issue. Whether we tax our own citizens is another but, of course, related issue. Some self-governing First Nations collect taxes from their citizens and others do not. Some collect taxes only from non-citizens and businesses or resource extraction activities. This is a matter to be discussed with citizens.

Is the fiduciary relationship with Canada ended with self-government?

The overall fiduciary relationship between Canada and a First Nation will continue. However, any fiduciary obligations owed to the First Nation by Canada will be determined in accordance with how involved Canada was in the decision being made. Where a First Nation exercises jurisdiction and authority under self-government, and consequently Canada is not involved in making a decision, Canada cannot be held responsible. We will still maintain our Treaty relationship with the Crown.

Are we capable of self-government?

Our Nations were historically self-governing and we are capable of being self-governing once again. The colonial period has severely tested our confidence, but we are strong and resilient. This governance will not happen overnight. There will be a time of relearning, with some inevitable hiccups along the way. But it will be done with the citizens guiding and directing leadership. There will be a transition period that will allow us to adapt and being responsible for making our own decisions once again. The range of law- and decision-making powers should be sufficient for us to govern our lands, peoples and natural resources in a modern world, but they do not need to be exercised all at once. Some Nations, depending on their size or resources may, at least initially, choose to exercise fewer powers (less jurisdiction) than others and some may choose to work jointly with other First Nations to create economies of scale.

Why are some people so against self-government?

This is a difficult question. As colonized peoples, we face many challenges in finding the strength and confidence to reclaim our rights, including our right to determine our own future. In many ways, we are dependent on the very Indian Act system that is suffocating us. Some of our leaders see self-government as it is developing for our peoples in Canada as not enough, and they argue for “sovereignty” and greater First Nations independence. At the other end of the spectrum, others are dependent on the system and believe Canada should be totally responsible for our lives. Ultimately, it is up to the citizens to decide together what they want to do and what self-government will look like in their own community.

“The people of Muskeg Lake pursue a place in Canada that ensures a quality of life that reflects the rich resourced lands we agreed to share with those coming to settle from other lands. We recognize the need to negotiate a new relationship that honours the democratic principles of Canada and the democratic principles of nēhiyawak. The pursuit of a Treaty 6 based negotiated relationship ensures a fair and equitable Table towards legacy that will benefit nēhiyawak of Muskeg Lake and the people of Canada.”

Harry Lafond Knowledge Keeper