A/HRC/54/31/Add.2 F. Treaties and self-government agreements 50. For Indigenous Peoples and Nations in Canada, implementation of the State’s treaty obligations is an urgent and ongoing priority. They stress that negotiation processes must include their full and equal participation. Processes must respect the jurisdiction of Indigenous Peoples and nations, adhere to the full spirit and intent of the respective treaty, and ensure their fiscal capacity to exercise their rights and jurisdiction. Treaty implementation must also be fully aligned with the United Nations Declaration on the Rights of Indigenous Peoples. 51. The Special Rapporteur heard from many Indigenous nations that their inherent and treaty rights based on the Nation-to-Nation treaties concluded with the Crown in the 1800s had never been implemented. They are calling for a treaty-based bilateral relationship with the Crown to fully implement their right to self-determination, legal jurisdiction and equal decision-making in relation to their treaty lands and territories. 52. Since the Special Rapporteur’s visit in 2013, Canada has adopted an incremental approach to “modern treaty” negotiations, which can be characterized as self-government agreements, sectoral agreements and other constructive arrangements. Currently, there are approximately 185 self-government negotiation tables across the country at various stages of negotiation. Since 2015, 35 self-government agreements have been signed across Canada, including the Anishinabek Nation Education Agreement (2017), the Anishinabek Nation Governance Agreement (2022) and the Métis Nation of Ontario Recognition of Core Governance Agreement (2019).42 In British Columbia, where many ongoing “modern treaty” negotiations are under way, Canada worked with First Nations and the provincial government to develop the new Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia, endorsed in 2019, which states, in paragraph 8, that Canada and British Columbia endorse the United Nations Declaration on the Rights of Indigenous Peoples as the foundation for the British Columbia treaty negotiations framework. 53. While these discussion tables can provide flexibility for negotiations based on the recognition of rights, mutual respect, cooperation and partnership, First Nations have criticized them as unilaterally developed by the Government, focused on negotiation instead of recognition, lacking transparency as regards revisions to policies guiding negotiation; and creating asymmetries of information that place First Nations at a disadvantage during the negotiation process. First Nations are calling for an Indigenous-led process to develop new federal policies and legislation recognizing and implementing their inherent rights, title and jurisdiction, including their right to free, prior and informed consent. 54. Inuit peoples welcomed the establishment of the Inuit-Crown Partnership Committee, a forum that gathers Inuit leaders and federal ministers to work on shared priorities through structured workplans. However, Inuit leaders expressed concern over limitations on their participation in the decision-making process and uncertainty about the future of the initiative, which does not have a legislative base. 55. The relationship of Indigenous Peoples with their lands and territories has a central role in defining their identity as distinct peoples. True reconciliation can be achieved only if Canada respects existing treaties and provides restitution and compensation for the loss of lands, territories and resources. Protracted land disputes impose a heavy burden on aboriginal title litigants. Due to high costs and complex judicial and treaty negotiation processes, some Indigenous Peoples have to abandon their land claims. 56. Trust is broken when the federal and provincial governments continue exploiting lands and resources while modern treaties are in the process of being negotiated. Megaprojects are occurring on Indigenous territories, at times in the absence of meaningful consultation to ensure that Indigenous Peoples are able to exercise their right to free, prior and informed consent. 42 GE.23-13374 See https://www.rcaanc-cirnac.gc.ca/eng/1100100032275/1529354547314. 11