FAQs (Frequently Asked Questions)
GENERAL
1. Q. Why do Aboriginal peoples have an inherent right of self-government?
1. A. The inherent right of self-government is based on the fact that Aboriginal peoples governed themselves before European contact and never gave up the right to do so. The word "inherent" means that aboriginal peoples have always had this right. It is regarded as a preexisting right, not a right granted by other governments.
2. Q. What is an Aboriginal right?
2. A. The Constitution Act of 1982 includes sections that recognize the rights of Aboriginal peoples. It reads:35.(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed;(2) In this Act, ‘aboriginal peoples of Canada’ includes the Indian, Inuit and Metis peoples of Canada.(3) For greater certainty, in subsection (1) ‘treaty rights’ includes rights that now exist by way of land claims agreements or may be so acquired. (4) Notwithstanding any other provision of this Act, aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons."
Section 35 of the Constitution Act, 1982
3. Q. What are my rights as a non-Aboriginal?
3. A. All Northerners, Aboriginal and non-Aboriginal, enjoy certain basic rights and freedoms as citizens of Canada, and in particular those guaranteed in the constitution under the Canadian Charter of Rights and Freedoms. These rights and freedoms include such things as: freedoms of speech, religion and association, equality before the law, freedom from arbitrary arrest, the right to live and work in any province or territory, and the right to vote in federal, provincial and territorial elections. These are individual rights.
However, the Canadian Charter of Rights and Freedoms, as well as other parts of the Constitution, recognizes the existence of some collective rights alongside individual rights. Particularly important for Aboriginal peoples is Section 25, which states that the Charter is not to be interpreted as infringing upon Aboriginal and treaty rights.
Section 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including:
- any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
- any rights or freedoms that now exist by way of land claims agreements or may be so acquired."
Section 25 of the Canadian Charter of Rights and Freedoms
4. Q. Do land claim agreements deal with self-government?
4. A. The Inuvialuit, Gwich’in and Sahtu land claim agreements all include sections dealing with self-government. The Gwich’in and Sahtu agreements say that the federal and territorial governments will negotiate self-government agreements with the Gwich’in and Sahtu Dene and Metis. The Inuvialuit land claim agreement says that the Inuvialuit will be treated as favourably as other Aboriginal peoples in changes to government in the Western Arctic Region.
The Tlicho Agreement is the first Comprehensive Land Claim and Self-Government Agreement in the NWT. It deals extensively with self-government on Tlicho lands.
5. Q. What powers are under discussion at self-government talks?
5. A. Subjects of negotiation are taken from the federal government’s inherent right policy and the Gwich’in, Sahtu and Inuvialuit land claim agreements. They include things like the legal status of Aboriginal authorities, Aboriginal citizenship, structures of government generally, education, language, culture, health, social services, child welfare, taxation, administration of justice, policing, wills and estates, housing, roads and traffic, economic development, and municipal services.
6. Q. Who will pay for self-government?
6. A. None of the parties has yet agreed to any kind of cost-sharing. The federal government’s stated national policy position is that financing of self-government is a shared responsibility of the federal, provincial and territorial governments, as well as of Aboriginal governments and institutions. It is expected that financing arrangements will differ from region to region and will be decided at each of the negotiating tables.
Existing program responsibilities, financial resources, and the federal government’s special responsibilities for Aboriginal peoples will be considered. In addition there is a growing appreciation by all parties that "capacity building" in communities and regions are essential to putting self-government agreements into practice.
7. Q. Will the Canadian Charter of Rights and Freedoms continue to apply?
7. A. The federal government’s inherent right policy says that the Government of Canada is committed to the principle that the Canadian Charter of Rights and Freedoms shall bind all governments in the country. It goes on to say that "self-government agreements, including treaties, will, therefore, have to provide that the Canadian Charter of Rights and Freedoms applies to all Aboriginal governments and institutions in relation to all matters within their respective jurisdictions and authorities." Wording may be required in self-government agreements to ensure this result.
8. Q. Will there be separate public and Aboriginal governments?
8. A. Aboriginal and public governments do not have the same responsibilities. Depending on the intentions of the Aboriginal peoples that are involved in the negotiations, and the agreements that are reached, there could be both Aboriginal and public governments providing certain services at the community and regional levels.
9. Q. Who will be affected by self-government?
9. A. Self-government will affect everyone. It will establish new relationships amongst peoples and governments and in the longer run will shape the society we live in. Of course, those residents who live in a community or region where a self-government agreement is put into practice will be more directly affected than those who live in a community where self-government has not been negotiated.
The most obvious difference to people in communities may be in the forum of government that represents them. As well, communities and regions will have a lot more responsibility for programs and services, including lawmaking powers in many areas.
10. Q. Why do we need to change our system of government?
10. A. The GNWT has a short history as a working democratic government and has undergone a great deal of change in a few years. There has been a fully elected Legislative Assembly only since 1975 and a Cabinet that is accountable to Members of the Legislative Assembly (MLAs) only since 1986. In addition, the boundaries and population of the NWT changed a great deal with the establishment of Nunavut as a separate territory in 1999. Some Aboriginal organizations say that the GNWT and municipal governments have been imposed upon Aboriginal peoples without their consent. They see the current territorial and municipal governments as exercising responsibilities that should belong to Aboriginal governments. Others accept the territorial government but want more powers at the community and regional levels, and possibly guarantees for Aboriginal representation. Although the GNWT is representational and Aboriginal people participate in its various institutions, some view the present form of government as temporary.
One of the goals of the GNWT is therefore is to improve the relationship between Aboriginal and non-Aboriginal people and create a system of government that is built on mutual respect and which is accepted by all residents.
11. Q. What is the relationship between Aboriginal self-government and the constitutional future of the NWT?
11. A. The NWT’s future constitutional development will mean changing the relationship of the territorial government to the Government of Canada, to the provinces and to Aboriginal governments. The GNWT will therefore face some important challenges over the next few years. Basic goals must be:
- To encourage understanding and agreement on the role of the GNWT as the one government in the territory which represents and services all residents;
- To make sure that the GNWT has the legal, human and financial resources needed to govern the territory in the interests of its people;
To accomplish these goals, the people and government of the NWT will have to consider:
- How to make sure that approaches taken on territorial constitutional development will be consistent with those taken in self-government negotiations; How to protect and strengthen the GNWT’s presence in federal-provincial decision-making forums;
- How to make the NWT Act more appropriate as a key constitutional document for the territory.
12. Q. Will non-Aboriginal people have to give up any rights because of self-government?
12. A. The federal and the territorial governments will ensure that the rights of non-Aboriginal people are not prejudiced by self-government. In particular, the Canadian Charter of Rights and Freedoms will continue to apply to all levels of government.
13. Q. Is negotiation the only way to settle outstanding Aboriginal and treaty rights?
13. A. Negotiation is not the only way to deal with Aboriginal and treaty rights. The courts are available to settle disputes. But the court process is often expensive and lengthy, and matters may be decided on technical grounds. As well, legal judgements often give rise to further negotiations. Negotiations give those taking part in them the chance to come to an agreement which is acceptable to all.
14. Q. Why are some Aboriginal groups in the NWT not engaged in negotiations?
14. A. Some Aboriginal groups have chosen not to take part in current Aboriginal and treaty rights negotiations for various reasons. Some Aboriginal groups have other priorities and are not ready to devote the necessary resources to negotiations. Others are of the view that the federal land claims, treaty land entitlement and inherent right policies are too limited to form a basis of negotiations. With some groups, there is also no agreement about who should be involved in the negotiations.
