Aboriginal Government

A government which represents and serves an Aboriginal people, sometimes referred to as a Self-Government. According to its Intergovernmental Relations Policy, the GNWT recognizes Aboriginal Governments as those governments that have negotiated, or are in the process of negotiating, self-government agreements with the GNWT and the Government of Canada. 

Aboriginal Peoples

The descendants of the original peoples of Canada. Section 35 (2) of the Constitution Act, 1982 defines the Aboriginal peoples of Canada as Indians, Inuit, and Métis.

Aboriginal Right

A collective right of an Aboriginal people stemming from the original occupation of certain areas of land and unique practices and social orders in the period before European settlement. Aboriginal rights are subject to interpretation and judgement by the courts but, at a minimum, include the right to hunt and fish and follow the traditions of an Aboriginal people. Aboriginal people, the federal government, the GNWT and some provincial governments also consider the right of self-government to be an Aboriginal right.

Aboriginal Title

Aboriginal title is an Aboriginal right with respect to land, typically referring to the right to occupy and use a certain area of land.

Agreement-in-Principle (AIP)

An Agreement-in-Principle (AIP) is the second stage in the negotiation process, following the completion of the Framework Agreement. AIP negotiations are often the longest stage in the negotiation process, as parties address and attempt to resolve the broad range of subject matters set out in the Framework Agreement. The AIP generally contains all of the major elements of the Final Agreement. An AIP forms the basis for concluding the Final Agreement.  The AIP is not legally enforceable.

Crown

The Queen is the formal head of the Government in Canada. For this reason, the government is often called "the Crown". For the same reason, agreements with the government are called agreements with "Her Majesty".

Dene

Dene refers to Aboriginal peoples of the Mackenzie Valley. The term Dene does not refer to Inuit and Métis peoples, who are recognized as distinct Aboriginal peoples. Dene groups in the NWT include the Gwich’in, North Slavey, South Slavey, Chipewyan, and Dogrib. Dene speak languages that are distinct from one group to another, but which belong to the same general language family.

Exploratory Discussions

Prior to formally beginning negotiations, the Aboriginal party, Canada, and the GNWT meet to discuss the purpose of negotiations, potential subjects for negotiations, and how the parties will organize themselves for these negotiations. If the parties agree on these matters, then this information is written into a single agreement, often called a Framework Agreement or Process and Schedule Agreement. Once this is signed, formal negotiations begin.

Framework Agreement

The first stage of negotiation, the groups involved agree on issues to be discussed, how they will be discussed, and on deadlines for reaching an Agreement-in-Principle.

Implementation Plan

An implementation plan is negotiated  by the parties to a land claim and/or self-government agreement during the negotiations of a Final Agreement. The implementation plan should address all of the obligations in the final agreement, identifying  which party(ies) is responsible for  implementing each obligation  as well as when and how these obligations should  be implemented . The implementation plan should also identify which party(ies) is responsible for financing the implementation of the Final Agreement.

Indian

Section 91 (24) of the Constitution Act, 1867, gives the federal government responsibility for "Indians, and Lands reserved for the Indians". The Indian Act was passed by Parliament under this constitutional authority.

Inherent Right of Self-Government

The right of the Aboriginal peoples of Canada to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and their resources. The GNWT, federal government, and some provincial governments recognize self-government as an existing Aboriginal right under section 35 of the Constitution Act, 1982.

Inuit

Inuit are the Aboriginal people of Arctic Canada. About 45,000 Inuit live in 53 communities in Nunatsiavut (Labrador), Nunavik (Quebec), Nunavut, and the Inuvialuit Settlement Region of the Northwest Territories. The word "Inuit" means "the people" and is the term by which Inuit refer to themselves.

Land and Resources (Land Claim) Agreement

An agreement between an Aboriginal people and the Crown that provides clarity and certainty in relation to Aboriginal and Treaty rights over land and resources. These agreements provide the Aboriginal party with title to certain lands, and provide for rights in relation to the harvesting of wildlife, plants and trees, provide for opportunities to participate in resource management (guaranteed representation on land, water, renewable resources, and environment review boards) and other matters related to the above. These agreements usually include a financial component for the Aboriginal party. Land claim agreements may also include an obligation to negotiate self-government agreements in the future.

Métis

Historically, this term referred to people of both Aboriginal and non-Aboriginal descent who were mainly located in the prairie provinces and in the NWT. This term is also used more generally to refer to Canadians of both Aboriginal and non-Aboriginal descent who live throughout Canada. Métis belong to a distinct group and are defined in the Constitution as one of the Aboriginal peoples of Canada. The Métis received significant recognition in the final report of the Royal Commission on Aboriginal Peoples (1996) and in recent years have won important Supreme Court cases related to the recognition of their rights. 

Process and Schedule Agreement

A Process and Schedule Agreement is an agreement between the parties to the negotiations that establishes: the objective of negotiations; the parties involved in negotiations; the subject matters for negotiations; and the timeline for negotiations.

Reserve

An area of land, the legal title to which is held by the Crown, set apart for the use and benefit of an Indian Band. Treaty Land Entitlement (TLE) negotiations often lead to the creation of a reserve.

Self-Government Agreement

A formal agreement between an Aboriginal people and the federal, provincial or territorial governments that is intended to implement an Aboriginal people’s inherent right of self government. Self-government agreements typically describe the structure of the Aboriginal government, at the community and/or regional level, and describe the law-making powers and responsibilities of the Aboriginal Government. A self-government agreement can be negotiated by itself or at the same time as a land claim agreement (as a combined land, resources and self-government agreement).

Transboundary Agreement

Transboundary agreements are agreements between the GNWT, Canada and an Aboriginal group from another province or territory whose traditional territory includes some of the NWT. These negotiations generally focus on the Aboriginal group’s harvesting rights in the NWT.

Treaty

A formal agreement between an Aboriginal people and the Crown. Under Section 35 (3) of the Constitution Act, 1982 "treaties" include recent land claim agreements such as the Inuvialuit Final Agreement, Gwich’in Comprehensive Land Claim Agreement, Sahtu Dene and Métis Comprehensive Land Claim Agreement and combined land, resources and self-government agreements like the Tłįchǫ Agreement, as well as older agreements such as Treaties 8 and 11.

Treaty Land Entitlement (Specific Claims)

A process intended to settle the land debt owed to those Aboriginal groups who did not receive all the land they were entitled to under historic treaties signed with the Crown such as Treaties 8 and 11. Treaty Land Entitlement agreements result in the creation of a new reserve or additions to an existing reserve.

Treaty Right

A right recognized in or granted by a treaty. Treaty rights can be found in historic treaties (e.g. Treaty 8 and Treaty 11) and modern treaties (e.g. a modern land claim or a modern land, resources and self-government agreement).