Whitecap Dakota Self-Government Effective Sept 1, 2023

Summary#

This Order sets September 1, 2023 as the day most of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act comes into force. Section 16 of the Act had already come into force earlier when the Act received assent on June 22, 2023.

What it does#

• Fixes September 1, 2023 as the start date for the parts of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act that were not already in force.
• Confirms that section 16 came into force on assent and that parts of the Governance Treaty (notably Chapter 33 and Schedule B) have retroactive effect to August 22, 2022.
• Gives legal effect to the underlying Governance Treaty between Whitecap Dakota Nation and Canada, which recognizes the First Nation as a self-governing entity and sets out powers over many areas such as governance, membership, lands, taxation, education, health, resource management, local infrastructure, and business regulation.

Who's affected#

• Members and residents of the Whitecap Dakota Nation.
• The government of Canada, which is a party to the Governance Treaty.
• The Government of Saskatchewan is not a party to the treaty but has been involved as an observer; provincial laws continue to apply where they normally do.
• Other nearby communities, service providers, and governments that interact with Whitecap Dakota institutions may notice changes in who makes certain local decisions.

Why it matters#

• It puts in place a new, formal self-government arrangement for Whitecap Dakota Nation, shifting certain local powers away from the Indian Act framework to the Nation's own laws and institutions.
• The Order clarifies exactly when those treaty-based powers start to apply: September 1, 2023 for most provisions, and earlier dates for specific parts already made retroactive.
• This is the first stand-alone self-government treaty of its kind in Saskatchewan, so it may serve as a model for other agreements and change how local services and governance are delivered in the area.