Prime Minister Justin Trudeau has publicly shared a vision of a plurinational state brought about through truth and reconciliation. He has expressed hope that Canadians are ready to rectify past wrongs and undo the legacy of colonialism by using the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) as “a way forward” to achieve self-determination, dignity and respect for Indigenous peoples.
This paper looks at the history of Indigenous treaty making in Canada, the history of the courts’ statements regarding Crown sovereignty, underlying title and legislative power, and how the UN Declaration might lead Canada and Indigenous peoples toward genuine nation-to-nation relationships.
