Natural Resources Transfer Agreements based on a fundamental misunderstanding of First Nations’ inherent rights

Recenty, there were two major statements made that were met with hope by First Nations in Manitoba. First, on March 30, 2023, a joint statement was released by the Vatican’s Dicastery for Promoting Integral Human Development and the Dicastery for Culture and Education. This statement formally repudiates the Doctrine of Discovery and associated Papal decrees that legitimized the seizure of Indigenous lands throughout the world. Second, at the recent Assembly of First Nations Special Chiefs’ Assembly, Justice Minister David Lametti stated that he would be “looking at” the 1930 Natural Resources Transfer Agreements after discussions with the Chiefs in Assembly. The Doctrine of Discovery is a religious concept used for centuries to justify Christian colonial conquest. It is overtly racist and advanced the superiority of European people, cultures, and religions, and allowed for them to invade and steal the lands and resources of Indigenous Peoples. The repudiation of the Doctrine of Discovery was long overdue, and First Nations were left to wonder what effects this repudiation would have. That answer seemed to come with the minister’s announcement that he would look into the 1930 Natural Resource Transfer Agreements (NRTA). These agreements transferred federal control over land and resources to the Prairie provinces, including the province of Manitoba. What do the Doctrine of Discovery and the Natural Resources Transfer Agreements have in common? They are based on a fundamental misunderstanding of First Nations' inherent rights and laws as the original inhabitants of this land. Senator Mary Jane McCallum. Photo courtesy of the office of the Senate of Canada First Nations laws and legal orders still exist, and our Nations have always lived on these lands and maintained that this land is ours. First Nations in Manitoba did not surrender their land, and we will continue to assert our sovereignty. This is recognized in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). After the minister’s comments, the governments of Manitoba, Saskatchewan, and Alberta quickly called Minister Lametti’s comments “dangerous and divisive." This statement led Prime Minister Justin Trudeau to state that “we will not be touching the NRTA." Although it was promising to hear from the federal representative of the Crown that Canada is finally willing to discuss the unfinished Canadian constitutional business created by the NRTA that was imposed on First Nations without their free, prior, and informed consent, it is disheartening to hear from provincial Crown representatives from Manitoba and other NRTA provinces that they do not want to pursue reconciliation with their First Nation Treaty partners, despite their clear understanding of the implications of dealing with the NRTA. It is ultimately disappointing that the federal government changed its position at this time, despite the United Nations Declaration on the Rights of Indigenous Peoples and the government’s rhetoric surrounding reconciliation. Dealing with the NRTA is an obvious political and election issue, requiring strong political will from both federal and provincial governments. The political posturing of the federal and provincial governments is not surprising. The first iteration of federal UNDRIP legislation, introduced by a member of the NDP, was opposed by Manitoba’s previous premier, Brian Pallister, despite Manitoba committing to reconciliation and the principles in UNDRIP in the Path to Reconciliation Act, which has been law in Manitoba since 2016. Clearly, the principles of European supremacy are firmly embedded in Canadian law, even in the context of the country's approach to its own legislation surrounding the United Nations Declaration on the Rights of Indigenous Peoples. This may explain the disconnect or lack of understanding between statements and action by the federal and provincial governments. With the Manitoba general election scheduled for the fall of this year and a federal election potentially taking place soon, all federal and provincial parties should commit to and demonstrate concrete actions towards reconciliation. To that end, the governments must convene a first ministers conference with First Nations to initiate changes to the Canadian Constitution and recognize First Nations sovereignty in more than just words. If the current provincial governments are unable to do so, other provincial political parties should step forward to work with the current federal government’s stated willingness to finally reconcile Canada’s unfinished business with its treaty partners. As survivors of genocide, First Nations in Manitoba will continue to assert our rights. Once governments are prepared to commence authentic reconciliation, including the implementation of our treaties and the eradication of colonial fabrications, we will remain present and willing to engage in discussions and advance forward. Grand Chief Cathy Merrick is grand chief of the Assembly of Manitoba Chiefs. Senator Mary Jane McCallum represents Manitoba and is a member of the Senate Energy, the Environment, and Natural Resources Committee. The Hill Times

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Natural Resources Transfer Agreements based on a fundamental misunderstanding of First Nations’ inherent rights

Governments must convene a first ministers conference with First Nations to initiate changes to the Canadian Constitution and recognize First Nations sovereignty in more than just words.

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