Self-Government for Anishinabek and shíshálh Nations

Summary#

This bill gives legal effect to the Anishinabek Nation Governance Agreement. It also modernizes the shíshálh (Sechelt) Nation self‑government law and streamlines funding agreements for Yukon First Nations. It updates many related federal laws to reflect these changes.

• Recognizes Anishinabek and participating First Nations’ authority to pass laws on governance, citizenship, and culture/language (Part 1, Power to enact laws).
• Specifies when parts of the Indian Act and the First Nations Elections Act stop applying, once a First Nation enacts its own laws (Part 1, Application of Other Acts).
• Requires shíshálh to publish its constitution changes and laws; confirms its power to legislate on child and family services (Part 2, ss. 10–15).
• Creates a path to set up a shíshálh Lands Register and clarifies land status and registration rules (Part 2, ss. 27–30.4).
• Removes the need for federal Cabinet approval (Governor in Council) for certain funding agreements with shíshálh and Yukon First Nations (Part 2, s. 33; Part 3, s. 24).
• Updates Access to Information and Privacy Acts to allow information sharing with Anishinabek and First Nation governments (Part 1, Consequential Amendments).

What it means for you#

• Households (Anishinabek First Nations)

  • Your First Nation can pass its own laws on elections, membership/citizenship, how the government operates, and culture/language, once its constitution is in place (Part 1, Power to enact laws).
  • When your First Nation passes an election law, the First Nations Elections Act no longer applies to you (Part 1, Application of Other Acts).
  • When your First Nation passes a citizenship law, certain membership sections of the Indian Act no longer apply to you (Part 1, Application of Other Acts).
  • The Agreement has force of law and prevails over conflicting federal Acts to the extent of conflict (Part 1, Agreement given effect; Agreement prevails).

• Households (shíshálh Nation)

  • The Nation must publish changes to its constitution and its laws on a website, in the First Nations Gazette, or in another accessible way (Part 2, ss. 12–15).
  • The Council is clearly authorized to make child and family services laws for shíshálh families and children; this does not limit laws under the federal child and family services Act (Part 2, s. 14(1)(h.1), s. 14(1.1)).
  • The Canadian Charter of Rights and Freedoms applies to the Council, the District Council, and shíshálh administrative bodies (Part 2, s. 37).

• Businesses and residents on shíshálh lands

  • Local laws can cover zoning, land use, building rules, business regulation, taxation for local purposes, roads, and public order (Part 2, s. 14).
  • Land dealings may be recorded in a new shíshálh Lands Register if established by agreement; otherwise, federal or provincial registries apply as set out (Part 2, ss. 27–30.4).
  • Expropriation of rights or interests in shíshálh lands under the federal Expropriation Act needs federal Cabinet consent (Part 2, Consequential Amendments to Expropriation Act).

• Local governments and provinces

  • Lands in British Columbia can become shíshálh lands only if both the federal Cabinet and the B.C. Cabinet issue declarations (Part 2, s. 25.1).
  • Powers can be transferred between the shíshálh Nation and the shíshálh Nation Government District by federal order, but only with B.C. legislation in force and approval by shíshálh referendum (Part 2, s. 21).

• Yukon First Nations

  • The Minister can enter into funding agreements with Yukon First Nations without separate Cabinet approval, still subject to Parliamentary appropriations (Part 3, s. 24).

• Federal departments and the public

  • Courts must take judicial notice of the Anishinabek Agreement and registered Anishinabek laws; notice must be given before challenging their validity (Part 1, Judicial notice; Notice).
  • The Access to Information Act and Privacy Act are amended to recognize First Nation and Anishinabek governments for information‑sharing purposes (Part 1, Consequential Amendments).

Expenses#

Estimated net cost: Data unavailable.

• The bill itself makes no direct statutory appropriation (Part 1–3).
• It authorizes the Minister to enter into funding agreements with shíshálh and Yukon First Nations; Yukon agreements are explicitly “subject to appropriations by Parliament” (Part 2, s. 33; Part 3, s. 24).
• Implementing the Anishinabek Agreement, maintaining law registries, and establishing the shíshálh Lands Register may have administrative costs. Data unavailable.
• No publicly posted fiscal note identified in the bill text. Data unavailable.

Proponents' View#

• It advances self‑government by giving force of law to the Anishinabek Agreement and recognizing First Nations’ authority over elections, citizenship, and governance operations (Part 1, Agreement given effect; Power to enact laws).
• It reduces red tape by ending federal Cabinet approval for certain funding agreements, enabling faster financing arrangements with shíshálh and Yukon First Nations (Part 2, s. 33; Part 3, s. 24).
• It improves transparency and accountability: shíshálh must publish constitutional amendments and laws; financial accountability must be in the constitution (Part 2, ss. 10, 12–15).
• It protects individual rights by applying the Charter to shíshálh governing bodies while respecting section 25 (Aboriginal and treaty rights) (Part 2, s. 37).
• It strengthens family and child well‑being by clearly authorizing shíshálh laws on child and family services, aligned with federal child and family services law (Part 2, s. 14(1)(h.1), s. 14(1.1)).
• It clarifies land status and creates a pathway for a tailored land registry, which can give clearer title records and priority rules for rights and interests on shíshálh lands (Part 2, ss. 27–30.4).

Opponents' View#

• The Anishinabek Agreement is declared “not a treaty” under section 35 of the Constitution Act, 1982, which may offer less constitutional protection than a modern treaty (Part 1, Interpretation — Not a treaty).
• The bill allows Anishinabek and shíshálh laws to be made outside the federal Statutory Instruments Act framework, which could reduce standardized scrutiny, though publication and registries are required (Part 1, Statutory Instruments Act; Part 2, s. 17).
• Costs are not disclosed; setting up and running new governance processes and registries could require new federal and First Nation administrative capacity without clear funding levels (Part 1–2; Expenses: Data unavailable).
• The Agreement prevails over conflicting federal laws to the extent of conflict, which may create legal uncertainty until conflicts are identified and resolved (Part 1, Agreement prevails).
• Shíshálh has full power to dispose of shíshálh lands; lands sold or transferred cease to be “shíshálh lands,” potentially changing legal protections and tax status for those parcels (Part 2, s. 2(2), s. 26–27).
• Removing Cabinet approval for funding agreements may speed decisions but could lessen centralized oversight over long‑term fiscal commitments (Part 2, s. 33; Part 3, s. 24).