The First Nations of Canada were self-governing until the time of the imposition of Canadian law.  The time of this imposition was different for most of the First Nations.  Even after the declaration of Canadian Sovereignty in 1867 the First Nations of Manitoba owned and controlled their lands.  In Saskatchewan and Alberta, the First Nations owned and controlled their lands longer.

The British Crown recognized the ownership and control through the Royal Proclamation of 1763.

In the later part of the 19th Century, the Canadian Government also recognized the rights of the Dakota Nations.   This recognition is evidenced by the establishment of the Sioux Valley, Canupawakpa, Birdtail Sioux, Dakota Plains and Dakota Tipi First Nations.

Notwithstanding their signing of the treaties with the First Nations the Government of Canada began to regulate the lives of the First Nations people through the Indian Act.  In that legislation the government took control of all major facets of First Nations life. 

This control is the sole contributing factor to the high level of dependency the First Nations have had on the Government of Canada for resources to maintain our lives.

It is only recently that Canada has begun to recognize that the First Nations are capable of managing and directing their own affairs.  The process has been slow and painful as this recognition has been achieved mainly through protests, lobbying, and the court process.

Some of the important events in the recent restructuring of the First Nations relationship with Canada are as follows:

1968 - The Government of Canada, in a quest for “a just society” and “participatory democracy” holds historic hearings with First Nations leaders across the country.  The government focus of the hearings is on amending the Indian Act, but the leaders say with one voice - honour and implement the treaties, settle land claims and recognize Aboriginal title and rights.

1969 – The Government publishes the White Paper On Indian Policy (written by Jean Chrétien and Pierre Trudeau) ignoring the results of the leaders consultation, which ignited First Nations demands that their treaties and rights be honoured.   It resulted in the establishment of First Nations’ organizations to address the threat contained in the White Paper.

1970 - Wahbung: Our Tomorrows by Dave Courchene and MIB; Red Paper by Harold Cardinal and Alberta Indian Association; and many others countered the White Paper

1971 - Government of Canada officially withdrew the White Paper. However, it could be argued the federal government has continued to pursue the White Paper agenda of offloading services to the provinces.

1972 - The MIB becomes first PTO to have community development program with workers across the Region.

1973 – The Calder Case heard in the Supreme Court of Canada where 6 of the 7 judges agreed that there was aboriginal title.  This conclusion was the catalyst the government needed to understand that the First Nations had more substantive rights than was previously thought.  This understanding led to increased government funding of First Nation organizations to address these rights.

1982 – The Charter of Rights and Freedoms becomes part of the Constitution of Canada.  The document includes Section 35, which protects existing aboriginal and treaty rights.

1983 – The Nowegijick Case where the Supreme Court ruled that any ambiguity in a treaty or statute should be interpreted in a manner favourable to the First Nations party.

1984 – The Guerin Case where the Supreme Court finds that the Government of Canada has a Fiduciary Duty to the First Nations of Canada.  This Fiduciary Duty arises because Canada controls First Nations lands.

1985 – The Simon Case where the Supreme Court defines the criteria for a treaty.

1989 – The Sioui Case where the Supreme Court defines the capacity of both parties to enter into a treaty.

1990 – The Sparrow Case where the Supreme Court rules that regulation of an aboriginal right does not equal extinguishment of that right.

1996 - The Badger Case where the Supreme Court applies the Sparrow test for an aboriginal right to a treaty right.

1997 – The Delgamuukw Case where the Supreme Court further defines aboriginal title and rules that oral evidence is to be given proper consideration in cases dealing with aboriginal or treaty rights.

1999 – The Marshall Case where the Supreme Court rules that extrinsic evidence relating to the meaning of a treaty will be considered even where there is no ambiguity on the face of the document.