A Rights-based Approach to Indigenous Sovereignty, Self-determination and Self-government in Canada

Abstract

The United Nations Declaration on the Rights of Indigenous People (UNDRIP) calls for the right to self-determination, as self-determination is a prerequisite for Indigenous people to recongnize their political, social, economic, and collective human rights. Canada has historically been unsupportive of UNDRIP as the federal government considers UNDRIP at odds with Canadian sovereignty and existing Canadian institutions. While the right to self-government is currently protected under section 35 of the Constitution Act, 1982, it is defined narrowly and falls short of allowing meaningful self-government for the majority of Indigenous people.  This paper considers the conflicting nature of self-determination and self-government through considering the impact of Indigenous sovereignty on state sovereignity, an analysis of various approaches to self-government in Canada, and the feasability of adopting a rights-based approach to self-government. This paper concludes that utilizing a human rights-based approach to self-government addresses the perceived conflicts at the state-level while providing for the creation of meaningful self-government arrangements.  Self-government arrangements must be created by Indigenous communities for Indigenous communities in order to reflect the diverse needs of Indigenous people regardless of their territorial affiliation or formal Indian status.