1. Is self-government separation in nature?

Indigenous self-government is about the creation of Indigenous orders of government that will operate within the Canadian federation:

… as political entities through which Aboriginal people can express their distinctive identity within the context of their Canadian citizenship. Aboriginal people do not have to surrender their identity to accomplish those goals. Non-Aboriginal Canadians cherish their identity as Newfoundlanders or Albertans, for instance, and still remain strongly committed to Canada. [1]

2. Are self-government rights and powers in nature?

Indigenous self-government is about restoring rights and powers that Indigenous Peoples in what is now known as Canada enjoyed and exercised for thousands of years prior to European contact. It’s about “the reconciliation of the pre-existence of Aboriginal societies with the sovereignty of the Crown.” [2] So, the mindset required of government negotiators, of federal and provincial politicians, and of non-Indigenous citizens, is that the negotiation of Indigenous self-government entails the restructuring of current forms of government to achieve the recognition and restoration of pre-existing Indigenous rights – including the inherent right to self-government.

3. Is self-government an Indigenous right? The right to self-government is codified in the United Nations Declaration for the Rights of Indigenous Peoples (UNDec):

Article 4. Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Canada passed the UN Declaration on the Rights of Indigenous Peoples Act in 2021 and is honour-bound to support self-government. The Truth and Reconciliation Commission of Canada has included a call to action for Canada to uphold the UN Declaration:

#43 "We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation." [emphasis added]

4. Where does the federal government stand on self-government?

The federal government under Justin Trudeau recognized how critical self-government is for Indigenous Peoples, for non-Indigenous people and for reconciliation.

The Government recognizes that Indigenous self-government and laws are critical to Canada’s future and that Indigenous perspectives and rights must be incorporated in all aspects of this relationship. In doing so, we will continue the process of decolonization and hasten the end of its legacy wherever it remains in our laws and policies. [3]

5. Why do they want self-government?

Prior to the arrival of Europeans and the imposition of their ways of knowing and doing via the Indian Act, Indigenous Peoples were self-governing. Communities, over millennia, developed complex and effective governance systems that incorporated their unique social and cultural values and the wisdom and teachings of elders.

They want to return to self-government because that also gives them the right to self-determination, which is also codified in the United Nations Declaration on the Rights of Indigenous Peoples:

Article 3. Indigenous peoples have the right of self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development.

So, in reality, the question should be rephrased as “Why wouldn’t they want to return to self-government?”

1. Vision & Objectives

Moving Forward Together, in the context of the K’ómoks Vision and Values, the K’ómoks Treaty has outlined the following objectives:

• Recognizing the K’ómoks aboriginal rights and title and the inherent right to self-government
• Reconciling differences over lands and resource ownership and jurisdiction through a new treaty relationship that is flexible and intended to evolve over time
• Providing for an effective and sustainable K’ómoks self-government through, among other things, a common commitment to capacity building and a new and enhanced fiscal relationship
• Enhancing economic opportunities for K’ómoks, K’ómoks members and the surrounding community
• Preserving, revitalizing, and strengthening of the culture, language, and heritage of the K’ómoks First Nation

2. K’ómoks First Nation Treaty

A K’ómoks Treaty will be different than any treaty negotiated in modern history. Previous treaties required “certainty” which essentially means that aboriginal rights are exchanged or “extinguished” for treaty rights. These older treaties were “Final Agreements” and did not allow for the inclusion of new rights based on new developments in the law, or on innovations in other treaties.

A K’ómoks Treaty will be a living agreement that involves:

• The recognition of Aboriginal Rights and Title, including the Inherent Right to Self-Government
• No extinguishment of rights
• Periodic Renewal which obliges the parties to renew the treaty as a result of changing law and policy or unforeseen circumstances
• The ability to add new aboriginal rights recognized by the courts
• Binding arbitration if the Crown is not negotiating in good faith and the award of “punitive damages” to encourage good behaviour

Key elements of our negotiations to date include:

• A commitment by the Crown to align with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)
• Self-government, based on the K’ómoks Constitution
• Loan forgiveness
• Prime Lands that could total up to 12,500 acres, including the entire Goose Spit, to K’ómoks
• Co-management/shared governance throughout the KFN territory

3. Treaty Process

K’ómoks First Nation (KFN) has been involved in treaty negotiations since 1994. There are six stages in the BC treaty process. On March 24 2012, K’ómoks signed the Agreement in Principle (Stage 4) with British Columbia and Canada and entered into Stage 5 negotiations. K’ómoks intends to complete its treaty negotiations during the 2021/2022 fiscal year.

In a celebration at Seabird Island today, four First Nations - Cowichan Tribes, Lil'wat Nation, ʔaq'am, and Seabird Island - were recognized and celebrated for concluding self-government agreements regarding education on their lands. Through their signed education jurisdiction agreements with Canada, the four First Nations now have recognized law-making authority over their Kindergarten-Grade 12 education systems, including authority over teacher certification, school certification, graduation requirements, curriculum, and course approvals.

This achievement is a significant milestone towards realizing First Nations' right to establish and control their education system and institutions, as affirmed by the United Nations Declaration on the Rights of Indigenous Peoples and as recognized under section 35 of the Constitution Act, 1982.

The completed education jurisdiction agreements are landmark agreements that set the foundation for the four Participating First Nations to make decisions and pass laws in the best interests of their learners. This will support them in exercising control over their education on their lands instead of being subject to changes in federal policy.

First Nations in British Columbia have been working collectively for over two decades to advance First Nations control over education through the education jurisdiction initiative. The First Nations Education Steering Committee (FNESC), a policy and advocacy organization that represents and works on behalf of First Nations in BC, has provided a broad range of supports to First Nations pursuing education jurisdiction.