The Indigenous World 2025: Canada

Written on 25 April 2025. Posted in Canada

The contemporary Indigenous rights and governance framework is diverse in Canada. The Constitution Act of 1982, as well as the Charter of Rights and Freedoms, explicitly recognize Aboriginal and Treaty rights and three groups of Aboriginal Peoples (commonly referred to as Indigenous Peoples): Indians (First Nations), Inuit, and Métis. Each group of Indigenous people are equally diverse: First Nations are governed by the 1876 Indian Act, with over 630 “reserves” and more than 60 languages; Inuit live in Inuit Nunangat (Inuit homelands), spread across four regions and land claim agreements: Nunavik (northern Québec), Nunatsiavut (northern Labrador), Nunavut and the Inuvialuit Settlement Region (the Northwest Territories); and Métis, who emerged as a distinct Indigenous people in the historic Northwest and now encompass Manitoba, Saskatchewan and Alberta and extend into parts of Ontario, British Columbia, the Northwest Territories, and the northern United States. Over half of these populations now reside in urban centres. First Nations, Inuit, and Métis are represented by a number of representative organizations regionally, provincially and nationally, including but not limited to, the Assembly of First Nations, the Inuit Tapiriit Kanatami, and the Métis National Council.

Although the Canadian government originally voted against the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, it has since changed its approach, being one of the first countries in the world to adopt the UNDRIP into federal law. The United Nations Declaration on the Rights of Indigenous Peoples Act was adopted into law in June 2021, acknowledging, in the preamble, that the UNDRIP provides a framework for reconciliation, justice, and peace, and denouncing the doctrines of discovery and terra nullius as “...racist, scientifically false, legally invalid, morally condemnable and socially unjust”. The federal government released its 2023-2028 Action Plan implementing this in 2023, and ensuring federal laws are consistent with the declaration. A similar act, albeit two years earlier in 2019, was adopted in the province of British Columbia, with an Action Plan being released in 2022. Despite relatively strong rights protections, First Nations, Inuit, and Métis citizens, governments and organizations continue to wrestle with the historical and structural legacy of colonization, systemic discrimination, and forced assimilation. These legacies may be further exacerbated by an imminent election, with opinion polls shifting away from the governing Liberals towards the Conservative Party of Canada, which could threaten to halt, or even reverse, much of the progress made on the transformation of key programs, laws, and policies.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Introduction

2024 represented another tumultuous year for those living in Canada: a horrific wildfire season in Western Canada devastated the National Park and town of Jasper,^[1] amongst other extreme weather events across the country; rising political instability due to the re-election of Donald Trump threatening tariffs and a return to American nationalism; mounting anti-immigration sentiment; and increasing income inequality. It was not all negative for Indigenous Peoples, however, as the Supreme Court of Canada (SCC) released multiple landmark cases related to Indigenous rights and Treaty interpretation; the Independent Special Interlocutor, Kimberley Murray, released her final report on the situation of unmarked graves;^[2] following advocacy from Indigenous Peoples, Premier Wab Kinew committed resources to search for the remains of First Nations women in a Winnipeg-area landfill;^[3] and Parks Canada released its first Indigenous Stewardship Policy, a step towards addressing the ingrained colonialism of the Canadian conservation movement.^[4]

Indigenous Peoples and non-indigenous peoples alike, were distraught at the sudden passing of prominent Indigenous leaders, including Grand Chief Cathy Merrick of the Assembly of Manitoba Chiefs^[5] and Justice Murray Sinclair. Justice Sinclair was the first Indigenous judge in Manitoba and second in Canada, the Head Commissioner of the Truth and Reconciliation Commission into Canada’s Indian Residential Institutions, and a federal senator from 2016-2021. He will be remembered as a leader who foundationally changed the trajectory of state-Indigenous relations in Canada.^[6]

The biggest surprise occurred in federal politics. Scandals faced the governing Liberals, and their leader, Prime Minister Justin Trudeau, throughout the year, leading to growing discontentment (and vitriolic attacks against Trudeau) from provincial premiers, and a clear desire by opposition parties to call an election, including the leader of the New Democratic Party (NDP), Jagmeet Singh. The nail in the coffin came from former Deputy Prime Minister and Finance Minister, Chrystia Freeland, when she resigned suddenly due to “…costly political gimmicks, which we can ill afford and which make Canadians doubt that we recognize the gravity of the moment.”^[7] Early in 2025, Trudeau announced his resignation and received approval from the Governor General to prorogue Parliament in late March 2025.

Long-term Reform of the First Nations Child and Family Services Program

At the tail end of 2023 and beginning of 2024, the details of the First Nations Child and Family Services (FNCFS), Jordan's Principle, and Trout and Kith Class Settlement Agreement were finalized, providing CAD 23.3 billion for First Nations children affected by the racist child welfare system. At the same time, negotiations for the long-term reform of the FNCFS Program (“Long-term Reform”) had been taking place, as First Nation leaders rejected the original CAD 19.807 billion over five years and pushed for more. In July 2024, the Assembly of First Nations (AFN), alongside the Chiefs of Ontario (COO), Nishnawbe Aski Nation (NAN), and the Government of Canada, announced the outcome of a closed negotiation process, a draft Agreement offering CAD 47.8 billion over 10 years to reform the FNCFS Program.^[8]

The amount was celebrated by many as it represented a significant increase in the initial offer and committed to ensuring stable, predictable, and flexible funding for the needs of First Nations children and families. The draft agreement was presented to the First Nations-in-Assembly in Montreal at the Annual General Assembly, and included: funding for prevention, First Nations representative services, post-majority support services, operations, protection, maintenance and care, and capital. Approximately two-thirds of the funding outlined in the draft agreement was to be provided directly to First Nations, with flexibility to allocate these resources to address the highest areas of need. Although enthusiastic, leaders were skeptical and required several months of review before the agreement could be put to an assembly to seek approval. Two camps emerged and travelled across the country to raise awareness and discuss concerns with the final agreement.^[9] Those against the draft agreement, including the First Nations Child & Family Caring Society, led by Dr. Cindy Blackstock, who supported the original Canadian Human Rights Tribunal discrimination submission, raised concerns with the draft agreement related to the role of the AFN, COO, and NAN; funding levels, structure, and sustainability, including what would happen after the 10-year windows; alternative dispute mechanisms, and appropriate governance structures consistent with the UNDRIP.^[10]

A second assembly was organized to discuss the concerns and provide opportunities for the First Nations-in-Assembly to respond. The Special Chief’s Assembly took place from 16-18 October 2024 in Calgary. From the outset, the atmosphere was tense and competitive as competing resolutions were contained in the on-time resolutions package: one to support the adoption of the draft agreement; and several others rejecting the draft agreement and sending it back to the negotiation table with further instructions. Despite several attempts to convene consensus-building sessions to find an appropriate landing point, the resolutions went to a vote and, on 17 October 2024, the First Nations-in-Assembly voted to reject the CAD 47.8 billion draft Final Agreement. Resolutions #60/2024, Addressing Long-term Reform of the First Nations Child and Family Services Program and Jordan’s Principle,^[11] and #61/2024, Meaningful Consultation on Long-term Reform of First Nations Child and Family Services^[12] now guide the direction of negotiations on Long-term Reform, including the creation of a new National Children’s Chiefs Commission and new legal teams. In early 2025, Canada informed the AFN that they do not have a mandate for further national-level negotiations but will support regional discussions with COO and NAN for an Ontario-specific agreement based on the draft agreement’s terms. Discussions are now taking place to determine whether additional litigation is required.

A review of consequential cases

First Nations, Inuit, and Métis made significant progress through advocacy and litigation throughout the year. Supporting this trend, the Supreme Court of Canada rendered several impactful decisions related to Indigenous land rights, self-government, and redress.

In February 2024, the British Columbia Court of Appeal (BCCA) rendered a decision in Thomas v. Rio Tinto Alcan Inc.^[13] The Saik’uz First Nation and the Stellat’en First Nation (the Nechako Nations) launched a claim against Rio Tinto Alcan based on the impacts of the company’s operation of the Kenney Dam. Rio Tinto Alcan defended itself against this claim based on statutory authority. The BCCA concluded that this defence applied since the province of British Columbia had enacted an unambiguous statutory regime to allow the operation of the dam. Notwithstanding this disappointing aspect of the decision, the Court recognized that the Nechako Nations have an existing Aboriginal right to fish for food, ceremonial and social purposes. The Court went on to declare that the federal and provincial governments have an ongoing fiduciary duty to protect the Nechako Nations’ right to fish and to ensure that the management of the dam is consistent with the Nechako Nations’ rights. This element of the decision demonstrates the potential utility of judicial declarations and the Crown’s ongoing responsibility to protect Indigenous rights from harm.

In March 2024, the SCC considered whether the Vuntut Gwitchin First Nation’s (VGFN) electoral residency requirement unjustifiably infringed the Canadian Charter of Rights and Freedoms. This requirement, which was instituted under the VGFN’s constitution, restricted eligibility for Chief and Council positions to individuals residing on VGFN lands. This residency requirement was challenged by an individual under the Section 15(1) equality clause of the Charter. The SCC released its decision, determining that while the charter does apply to the VGFN, and the residency requirement is an infringement of the charter, it is saved by section 25 of the charter.^[14] The purpose of this section is to protect the distinctive elements of Indigenous societies that may conflict with individual rights and freedoms. This decision helps provide clarity about the limitations of the charter in restricting decisions made by Indigenous governments pursuant to their inherent right to self-government.

In April 2024, the SCC rendered its decision in Shot Both Sides v Canada: a case that stems from the Blood Tribe’s claim that Canada had failed to provide the amount of reserve lands that were promised under Treaty #7.^[15] The decision upheld the Federal Court of Appeal’s decision that the Blood Tribe’s claim was statute-barred due to the passage of time. The decision went on, however, to order declaratory relief “given the longevity and magnitude of the Crown’s dishonourable conduct”. Declaratory relief was a positive outcome that may spur the Crown to enter into meaningful negotiations with the Blood Tribe. At the same time, this decision highlights the continued difficulties faced by First Nations in seeking access to justice for historical grievances.

2024 also witnessed continued progress towards a resolution of the claims related to the Robinson-Huron and Robinson-Superior Treaties. These Treaties contain an augmentation clause stipulating that Treaty annuity payments would be increased over time if the Crown could do so without incurring a loss. Despite this clause, annuity payments have been frozen at CAD 4 since 1875. The Robinson-Superior and Robinson-Huron First Nations brought claims in 2001 and 2014 alleging that the Crown had breached the augmentation clause of the Treaties by failing to increase the annuity payments.

While the Robinson-Huron First Nations reached a CAD 10 billion settlement agreement with the provincial and federal governments in 2023, the Robinson-Superior First Nations proceeded to litigation at the SCC. In July 2024, the SCC issued its long-awaited decision in Ontario v Restoule, concluding that Canada had dishonourably breached its Treaty obligations to the Robinson-Superior Treaty signatories by failing to consider whether it could augment the treaty annuity payments.^[16] The Court described this failure as a “mockery of the Crown’s treaty promise to the Anishinaabe of the upper Great Lakes”. In arriving at this decision, the Court set the stage for rigorous negotiations between Canada, Ontario and the claimant First Nations by setting a deadline of 27 January 2025 to reach a negotiated settlement.^[17]

Affirming First Nations title

In April 2024, the Government of British Columbia passed the Haida Nation Recognition Act,^[18] which recognizes the Aboriginal title of the Haida Nation over Haida Gwaii. This was the first time that a province in Canada had legislatively recognized Aboriginal title. The legislative recognition of Aboriginal title is a historic victory for the Haida Nation and demonstrates a clear alternative to costly and prolonged litigation.

In June 2024, the Tsilhqot’in Nation celebrated the 10-year anniversary of the Supreme Court of Canada’s decision to recognize the Tsilhqot’in Nation’s title to 1,700 km² of its lands. In celebrating this anniversary, Nits’ilʔin (Chief) Joe Alphonse noted:

Aboriginal Title is about far more than land – it is about regaining the strength that our ancestors enjoyed prior to colonization. It is about rebuilding our Nation in all areas of life and becoming a self-determining Nation once again. Through partnerships, we are making transformative change in all areas, such as governance, communities, and language.

The anniversary celebration was accompanied by the renewal of the Gwets’en Nilt’i Pathway Agreement, which advances cooperation between British Columbia and the Tsilhqot’in Nation on governance and improving the lives of Tsilhqot’in Nation members.^[19]

In contrast to the successes of the Tsilhqot’in Nation and Haida Nation, the Government of Canada made no perceptible progress in 2024 on its commitment to withdraw the Comprehensive Land Claims and Inherent Right to Self-Government Policies. These policies, which were unilaterally imposed and are premised on the extinguishment of Aboriginal rights and title, have been widely rejected by First Nations. The successful recognition of the Haida Nation’s title stands in sharp contrast to the Government of Canada’s failure to reform its laws and policies.

In December 2024, the Government of Canada announced interim improvements to the Additions to Reserve (ATR) Policy, which is the only policy mechanism available in Canada enabling First Nations to add lands to their reserves. These interim changes remove several administrative barriers to the addition of land to reserves but fall well short of the policy re-design sought by First Nations. Over the course of the year, only 17 ATR proposals were approved across the country. This is a continuation of the over half-decade decline in the approval of ATRs and a troubling indication of the Government of Canada’s commitment to Indigenous land restitution.

Path forward

The general outlook for 2025 is one of considerable uncertainty. Despite notable successes through the courts, legislative and policy progress at the federal level languished. The sharp contrast between progress on these two fronts will likely continue to grow in 2025. The proroguing of Parliament and the upcoming federal election has killed a number of bills and studies directly relevant to the priorities of First Nations, Inuit, and Métis. It is unclear whether these will be reintroduced in a new session of Parliament or whether the pressure to hold a federal election will thrust the implementation of Canada’s legal obligations to the UNDRIP into another period of ambiguity. This is further threatened by the policy approach of the Conservative Party of Canada (CPC) which, based on opinion polling, appears likely to form the next government. The CPC’s approach to Indigenous issues threatens to halt or even reverse much of the progress made on the transformation of key programs, laws, and policies.

Graeme Reed has mixed Anishinaabe (Great Lakes - Wiikwemkoong Unceded Territory), English, German, and Scottish heritage. He works at the Assembly of First Nations leading their involvement in federal and international climate policy, including as the outgoing North American Indigenous representative of the Facilitative Working Group of the UNFCCC’s Local Communities and Indigenous Peoples Platform, and former co-Chair of the International Indigenous Peoples’ Forum on Climate Change. He holds a PhD from the University of Guelph.

Jesse Donovan is Red River Métis. He works at the Assembly of First Nations as the Acting Director of the Lands Sector. His work focuses on the restitution of lands, territories and resources to First Nations. He holds a law degree from the University of Saskatchewan.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Notes and references 

^[1] The full extent of the wildfire in Jasper National Park can be found here: https://parks.canada.ca/pn-np/ab/jasper/visit/feu-alert-fire/feudeforet-jasper-wildfire. More about the severity of the event here: https://www.nationalobserver.com/2024/07/29/opinion/jasper-and-great-sadness

^[2] The Final Report, as well as the Executive Summary, can be found here: https://osi-bis.ca/report/final-report-october-2024-2/

^[3] The official announcement by Premier Kinew can be found here: https://news.gov.mb.ca/news/index.html?item=65698

^[4] More about the Indigenous Stewardship Policy found here:https://parks.canada.ca/agence-agency/aa-ia/politique-policy/complete

^[5] Grand Chief Cathy Merrick was a formidable advocate for First Nations, more here: https://www.cbc.ca/news/canada/manitoba/cathy-merrick-mko-news-conference-1.7316313

^[6] The loss of Justice Sinclair is substantial. An official obituary can be found here https://sincmurr.com/2024/11/06/official-obituary-for-the-honourable-murray-sinclair-1951-2024/, alongside many notable tributes, including from the Governor General (https://www.gg.ca/en/media/news/2024/eulogy-honourable-murray-sinclair); Prime Minister Trudeau ( https://www.pm.gc.ca/en/news/speeches/2024/11/10/prime-ministers-remarks-paying-tribute-murray-sinclair) and National Chief Woodhouse-Nepinak (https://afn.ca/all-news/press-releases/assembly-of-first-nations-afn-national-chief-cindy-woodhouse-nepinak-joins-in-mourning-for-justice-calvin-murray-sinclair/), among many others.

^[7] For Minister Freeland’s resignation letter, see here: https://www.reuters.com/world/americas/full-text-canadian-finance-ministers-resignation-letter-pm-trudeau-2024-12-16/

^[8] For the Draft Agreement, see here: https://afn.bynder.com/m/5b1f4b4db156231/original/Final-Agreement-on-Long-Term-Reform-of-the-First-Nations-Child-and-Family-Services-Program.pdf

^[9] The Assembly of First Nations prepared a Summary of Regional Engagement Sessions, found here: https://afn.bynder.com/m/22fdd86a7cc729c3/original/Draft-AFN-Regional-Engagement-Summary.pdf

^[10] Many of the concerns of the First Nations Caring Society can be found here: https://fncaringsociety.com/sites/default/files/2024-08/WEB_FSA%20Report%20Card_EN_0.pdf

^[11] Resolution 60/2024, Addressing Long-Term Reform of the First Nations Child and Family Services Program and Jordan’s Principle, can be found here: https://afn.bynder.com/m/1d8134439b372274/original/60-2024-Addressing-Long-Term-Reform-of-the-First-Nations-Child-and-Family-Services-Program-and-Jordan-s-Principle.pdf

^[12] Resolution 61/2024, Meaningful Consultation on Long-Term Reform of First Nations Child and Family Services, can be found here: https://afn.bynder.com/m/60b02db3a0692a05/original/61-2024-Meaningful-Consultation-on-Long-Term-Reform-of-First-Nations-Child-and-Family-Services.pdf

^[13] For a more detailed overview of the decision, see here: In Brief: Thomas v. Rio Tinto Alcan Inc., 2024 BCCA 62

^[14] The Case-in-Brief, prepared by the Supreme Court of Canada, can be found here: https://www.scc-csc.ca/judgments-jugements/cb/2024/39856/

^[15] The Case-in-Brief, prepared by the Supreme Court of Canada, can be found here: https://www.scc-csc.ca/judgments-jugements/cb/2024/40153/

^[16] The Case-in-Brief, prepared by the Supreme Court of Canada, can be found here: https://www.scc-csc.ca/judgments-jugements/cb/2024/40024/

^[17]A full update on the status of the negotiations can be found here: https://afn.ca/all-news/bulletins/assembly-of-first-nations-afn-bulletin-update-on-canadas-mandate-on-long-term-reform-of-first-nations-child-and-family-services/. First Nations rejected the Government of Canada’s settlement offer in January 2025, setting the stage for further litigation.

^[18] For further background on the Haida Nation Recognition Act, and reactions from Indigenous leaders in British Columbia, see here: https://news.gov.bc.ca/releases/2024IRR0020-000610

^[19] For more about this important anniversary, refer to: https://iwgia.org/en/news/5543-t%C5%9Dilhqot%E2%80%99in-naton-10-year-anniversary-aboriginal-title.html

Tags: Land rights, Climate, Indigenous Peoples Human Rights Defenders