u/MotionOS
An Act respecting the Recognition, Implementation, and Co-Development of Peoples’ Nations Jurisdiction
An Act respecting the Recognition, Implementation, and Co-Development of Peoples’ Nations Jurisdiction
PREAMBLE
WHEREAS Peoples’ Nations, including the Cree Nation and its peoples such as Beaver Lake Cree Nation who are parties to Treaty No. 6, are distinct sovereign Nations with inherent rights to self-determination, self-government, and full jurisdiction over their lands, peoples, laws, cultures, languages, spiritualities, and relationship with the Creator, as recognized and affirmed under section 35 of the Constitution Act, 1982 and protected by their Treaties with the Crown;
WHEREAS Peoples’ Nations assert their right to be known and addressed by their own proper names and identities, and reject colonial labels such as “Indian”, “Native”, and generic “Indigenous” in all proceedings and documents;
WHEREAS the spiritual relationship of Peoples’ Nations with the Creator, the land, waters, and all living things forms the sacred foundation of their governance, laws, and existence;
WHEREAS the Crown entered into Treaties with Peoples’ Nations as Nation-to-Nation agreements based on mutual respect, trust, and ongoing obligations that must be fully honoured and implemented;
WHEREAS the existing federal and provincial frameworks have failed to transfer meaningful control and continue to impose external authority over matters that belong to the Nations;
AND WHEREAS true reconciliation requires the genuine transfer of jurisdiction, authority, programs, resources, and decision-making power to Peoples’ Nations so they may govern themselves according to their own Legal Orders, cultures, languages, and spiritual traditions;
NOW, THEREFORE, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 — PURPOSE, INTERPRETATION AND APPLICATION
1. Purpose
The purpose of this Act is to:
(a) affirm and fully implement the inherent jurisdiction of Peoples’ Nations, including the transfer of control, authority, programs, and resources;
(b) recognize and protect the right of Peoples’ Nations to govern all matters related to their culture, language, spirituality, connection to the Creator, and ways of life;
(c) establish clear mechanisms, including the Notice system, for the mandatory transfer of jurisdiction and cessation of federal authority;
(d) require all federal institutions to use the proper names and self-identification chosen by each Peoples’ Nation;
(e) promote genuine cooperative federalism based on recognition, non-interference, and the transfer of power; and
(f) advance reconciliation through the meaningful hand-over of authority consistent with section 35, Treaties, and the honour of the Crown.
2. Principles of Interpretation
This Act must be interpreted and applied in a manner that:
(a) prioritizes the transfer of real control to Peoples’ Nations;
(b) respects the spiritual foundations and relationship with the Creator as understood by each Nation;
(c) mandates the use of each Nation’s proper name and self-identification in all government and court documents and proceedings;
(d) gives full effect to free, prior and informed consent as determined solely by the Nation; and
(e) upholds section 35 rights, Treaty obligations, and the honour of the Crown.
3. Paramountcy and Harmonization
(1) Where a conflict arises between a federal law and a Nation law or decision made within the Nation’s jurisdiction under section 35 and Treaties, the Nation law or decision prevails to the extent necessary to uphold the Nation’s rights.
(2) Federal laws and actions must be read down or interpreted to give effect to the transfer of jurisdiction and control to the Nation.
(3) This section is subject only to the Constitution of Canada.
4. Definitions
In this Act:
“Peoples’ Nation” or “Nation” means a distinct Nation exercising inherent jurisdiction recognized under section 35 of the Constitution Act, 1982.
“Nation Legal Order” means the legal, cultural, spiritual, and governance system of a Peoples’ Nation, including its relationship with the Creator.
“Authorized Governance Processes” means the Nation’s own decision-making processes rooted in its Nation Legal Order.
“FPIC” means free, prior and informed consent, as determined by the Nation through its Authorized Governance Processes, and includes the right to withhold consent.
“Proper Name and Self-Identification” means the name and identity chosen by the Peoples’ Nation itself.
“Nation Law or Decision” means a law or decision validly adopted by a Nation through its Authorized Governance Processes.
“Notice” means a written notice given under section 14.
“Jurisdictional Area” means the subject matter and, where applicable, the geographic scope identified in a Notice.
“Responsible Federal Administrator” means the federal entity designated under section 15.
“Federal Institution” includes any department, agency, board, commission, Crown corporation, tribunal, commission, officer, or other body of the Government of Canada.
“Implementation Period” means the period between the effective date stated in a valid Notice and the earlier of (a) the date full operational transfer is completed under section 14(3)(d) or (b) any later date agreed in writing by the Nation.
“Transitional Support” means only those actions requested by the Nation and only those steps required to ensure continuity of services and safety during the implementation of transfer.
PART 2 — RECOGNITION AND TRANSFER OF JURISDICTION
5. Inherent Jurisdiction
Peoples’ Nations have full and exclusive inherent jurisdiction over:
(a) governance, laws, and internal administration;
(b) membership and citizenship;
(c) lands, waters, natural resources, and the environment;
(d) culture, language, education, heritage, and spiritual traditions, including the relationship with the Creator;
(e) child, youth, and family systems;
(f) health, social services, and community well-being; and
(g) any other matters arising from their inherent rights and Nation Legal Order.
6. Duty to Transfer Control
(1) Federal institutions shall transfer jurisdiction, authority, programs, services, and associated funding and resources to Peoples’ Nations in accordance with Nation laws and Notices issued under this Act.
(2) Upon the effective date stated in a valid Notice, federal institutions shall cease exercising any authority within the Jurisdictional Area, except for Transitional Support requested by the Nation or required during the Implementation Period under section 14.
(3) For greater certainty, cessation under subsection (2) includes the cessation of decision-making authority by federal institutions that would otherwise displace Nation authority.
(4) Where urgent immediate action is necessary to protect life, safety, or the continuity of essential services, a federal institution may take only those limited measures necessary for immediate protection and continuity, and shall promptly notify the Nation. Any such measures shall be non-discretionary and non-expansive, and shall not delay or limit the legal effect of the Nation law or decision under section 14(3)(a).
7. Recognition of Nation Legal Orders
Nation Legal Orders, including spiritual laws and governance systems rooted in the relationship with the Creator, are fully recognized as valid and binding within the Nation’s jurisdiction.
8. Right to Proper Name and Self-Identification
(1) All federal institutions, including departments, agencies, courts, and tribunals operating as federal institutions, shall use the Proper Name and Self-Identification of each Peoples’ Nation in all documents, proceedings, and communications.
(2) Colonial or generic terms such as “Indian”, “Native”, or “Indigenous” shall not be used to refer to a Peoples’ Nation or its members without the Nation’s explicit consent.
(3) Any federal institution that becomes aware of a breach under subsection (1) or (2) shall take immediate corrective steps.
(4) A breach of this section may be the subject of an urgent application to the Compliance Commissioner or the Federal Court for immediate corrective orders.
PART 3 — SPECIFIC JURISDICTIONS
9. Culture, Language, Spirituality and the Creator
Peoples’ Nations have exclusive jurisdiction over their cultural practices, languages, spiritual traditions, ceremonies, and sacred knowledge. Federal institutions shall support and shall not interfere with the Nation’s authority in these areas.
10. Membership
Peoples’ Nations have exclusive authority over membership and citizenship. No federal registry, policy, administrative practice, or decision shall override Nation decisions.
11. Continuity of Rights
Federal laws and policies shall not apply ancestry, blood quantum, generational or descent-based rules in a manner that extinguishes, reduces, or limits section 35 or Treaty rights.
12. Lands, Waters, and Child and Family Services
Peoples’ Nations exercise full jurisdiction in these areas. A valid Notice under section 14 activates the transfer of authority and the application of section 6(2) in respect of these matters.
PART 4 — FPIC AND IMPLEMENTATION
13. FPIC
(1) Any federal legislative or administrative measure that may directly or indirectly affect a Nation’s rights, jurisdiction, lands, resources, or members — including decisions respecting funding, permitting, enforcement, planning, or regulation — requires FPIC as determined by the Nation.
(2) No such measure shall be developed or implemented without FPIC. FPIC is a condition precedent to the validity of the federal measure in relation to the Nation.
(3) Any federal institution that proposes a measure requiring FPIC shall provide the Nation with full written disclosure of the measure, the scope of impact, proposed timelines, and all relevant background materials reasonably necessary for the Nation to determine FPIC.
(4) A federal measure that is found to have been developed or implemented without FPIC has no force or effect in relation to the Nation to which FPIC was not properly obtained.
14. Notice Mechanism
(1) A Nation exercises and implements its jurisdiction under this Act by issuing a Notice to the Responsible Federal Administrator.
(2) A Notice must include:
(a) the Nation Law or Decision to be implemented;
(b) the Jurisdictional Area, including the subject matter and geographic scope if applicable;
(c) the effective date;
(d) confirmation of adoption through Authorized Governance Processes;
(e) an implementation plan summary identifying anticipated transitional support needs, if any; and
(f) the primary contact for implementation coordination, as designated by the Nation.
(3) Legal Effect of Notice:
(a) On the effective date stated in the Notice, the Nation Law or Decision takes legal effect within the Jurisdictional Area, and federal institutions cease exercising authority in accordance with section 6(2).
(b) Upon receipt of a valid Notice, federal institutions shall immediately begin all necessary administrative, financial, and operational steps to implement the transfer.
(c) Administrative steps (records transfer, system updates, cessation planning, and non-discretionary continuity measures) shall be completed no later than 30 days after receipt.
(d) Full operational transfer, including funding hand-over, cessation of federal program operation in the Jurisdictional Area, and transfer of applicable contracts, assets, and personnel (where requested), shall occur no later than 90 days after receipt or on the effective date in the Notice, whichever is later, unless a different timeline is agreed with the Nation in writing.
(e) During the Implementation Period, federal institutions shall provide only Transitional Support requested by the Nation and shall not exercise decision-making authority within the Jurisdictional Area.
(f) During the Implementation Period, federal institutions shall not introduce new federal regulatory measures or enforcement mechanisms applicable to the Nation Law or Decision, except measures that are non-discretionary, limited to urgent safety, and promptly notified to the Nation.
(4) Confirmation and Validity Review:
(a) A Notice is valid upon delivery unless the Responsible Federal Administrator notifies the Nation in writing within 15 days after receipt that the Notice is incomplete or that certain specified required elements under subsection (2) are missing.
(b) Any review by the Responsible Federal Administrator under paragraph (a) shall be limited to the formal completeness of the Notice elements listed in subsection (2). It shall not re-litigate the Nation Law or Decision or dispute the Nation’s constitutional or inherent jurisdiction.
(c) If the Nation corrects or supplements the Notice, the Responsible Federal Administrator shall confirm receipt and proceed with implementation steps without delay.
(5) Overlap and Dispute:
(a) Where federal institutions contend that a Notice overlaps with an existing federal jurisdiction or federal responsibility, the Nation Law or Decision remains in full legal effect as of the effective date in the Notice.
(b) The parties shall engage in a jurisdictional overlap dispute process under section 21.
(c) The overlap dispute shall not delay the legal effect of the Nation Law or Decision or the cessation of federal authority under section 6(2).
15. Responsible Federal Administrator
The Governor in Council shall designate a central federal entity responsible for:
(a) receiving Notices;
(b) coordinating implementation across government and federal institutions;
(c) ensuring compliance with this Act; and
(d) convening and facilitating the jurisdictional overlap dispute process under section 21.
PART 5 — ENFORCEMENT AND REMEDIES
16. Compliance Commissioner
(1) An independent Compliance Commissioner shall be appointed to oversee implementation of this Act.
(2) The Commissioner may:
(a) investigate non-compliance;
(b) issue binding directives to federal institutions, including immediate corrective orders for breaches of section 8; and
(c) report annually to Parliament.
(3) A federal institution that receives a directive or order under subsection (2) shall comply without delay within the timelines specified by the Commissioner.
(4) Nothing in this section limits the Nation’s right to seek remedies under section 17.
17. Court Remedies
Courts may grant any remedy that is just and appropriate to enforce this Act, including declarations, injunctions, mandatory corrective orders, and damages where appropriate.
PART 6 — GENERAL PROVISIONS
18. Non-Derogation
Nothing in this Act shall be interpreted as limiting or derogating from any Aboriginal or Treaty rights recognized and affirmed under section 35 of the Constitution Act, 1982.
19. Regulations
(1) The Governor in Council may make regulations, in consultation with Peoples’ Nations, respecting the form and content of Notices, detailed transition procedures, and any other necessary matters.
(2) Without limiting subsection (1), regulations may address:
(a) the process for implementation coordination and reporting;
(b) the handling of funding transition mechanics, including proration, arrears, ongoing entitlements, and continuity of benefits;
(c) the handling of contracts, procurement, assets, data, and records, including transfer or lawful termination upon request by the Nation;
(d) continuity of services during transition;
(e) emergency measures consistent with section 6(4);
(f) the jurisdictional overlap dispute process under section 21; and
(g) any additional procedures necessary for safe, timely, and complete operational transfer.
20. Coming into Force
This Act comes into force on a day or days to be fixed by proclamation of the Governor in Council.
21. Jurisdictional Overlap Dispute Process
(1) Where a Notice raises an issue of alleged jurisdictional overlap or federal responsibility, the Responsible Federal Administrator shall convene a dispute process.
(2) The dispute process shall:
(a) be conducted on an expedited basis;
(b) prioritize Nation authority and the effective transfer timeline under sections 6 and 14;
(c) be limited to determining operational coordination needs and any non-discretionary urgent protections required for life, safety, or continuity of essential services; and
(d) not operate to suspend the legal effect of the Nation law or decision under section 14(3)(a).
(3) The dispute process shall be concluded no later than 45 days after the dispute is raised, unless the Nation agrees in writing to a longer period.
22. Continuity of Ongoing Proceedings and Administrative Actions
(1) Where federal matters, proceedings, or administrative actions relate to matters within a Nation’s jurisdiction under a valid Notice, the Nation may request that:
(a) proceedings be stayed, adjourned, or transferred to the Nation’s forum or authority, as appropriate; and
(b) federal decision-making be discontinued in favour of the Nation Law or Decision.
(2) Where a Nation requests relief under subsection (1), federal institutions and tribunals shall take steps necessary to give effect to the transfer of authority, including updating records and communications identifying the competent authority.
(3) Subsection (1) does not limit urgent safety actions under section 6(4).
23. Funding, Resource, Contract, Asset, and Data Transfer
(1) Funding transfer and program cessation shall occur in a manner that maintains continuity of services and ensures operational capability of the Nation.
(2) Upon receipt of a valid Notice, federal institutions shall provide, within 30 days, a written implementation package to the Nation identifying:
(a) the programs and services within the Jurisdictional Area that will be ceased;
(b) the current funding amounts by program category;
(c) any ongoing entitlements and obligations;
(d) applicable contracts, procurement obligations, and their term status;
(e) applicable assets, facilities, equipment, and records relevant to program delivery; and
(f) the status of personnel directly performing services within the Jurisdictional Area, to the extent the Nation requests coordination on transfer.
(3) Where the Nation requests transfer of contract administration, program delivery assets, records, and operational documentation, federal institutions shall transfer such materials within timelines consistent with section 14(3)(c) and (d), subject to lawful protection of personal information only to the extent consistent with the Nation’s legal authority and the Act’s transfer purpose.
(4) Any incomplete or disputed implementation package shall not delay required steps under section 14(3) once a valid Notice is in legal effect.
An Act respecting the Recognition, Implementation, and Co-Development of Peoples’ Nations Jurisdiction
An Act respecting the Recognition, Implementation, and Co-Development of Peoples’ Nations Jurisdiction
PREAMBLE
WHEREAS Peoples’ Nations hold inherent rights to self-determination, self-government, and jurisdiction over their lands, peoples, and legal orders, recognized and affirmed under section 35 of the Constitution Act, 1982 and protected through Treaties between the Crown and Peoples’ Nations;
WHEREAS the Crown entered into Treaties with Peoples’ Nations as Nation-to-Nation agreements establishing ongoing legal relationships of mutual obligation, and those Treaties remain binding and must be implemented consistently with the honour of the Crown;
WHEREAS Canada has adopted the United Nations Declaration on the Rights of Indigenous Peoples Act, S.C. 2021, c. 14, affirming that the Declaration provides the minimum standards for the survival, dignity and well-being of Indigenous peoples and committing Canada to measures necessary to implement the Declaration;
WHEREAS Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples recognizes that Indigenous peoples have the right to self-determination, and by virtue of that right freely determine their political status and freely pursue their economic, social and cultural development;
WHEREAS Article 4 of the Declaration recognizes the right of Indigenous peoples to autonomy and self-government in matters relating to their internal and local affairs;
WHEREAS Article 19 of the Declaration requires States to consult and cooperate in good faith with Indigenous peoples through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them;
WHEREAS Article 26 of the Declaration recognizes that Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired;
WHEREAS Article 34 of the Declaration affirms the right of Indigenous peoples to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs;
WHEREAS Article 37 of the Declaration recognizes the right of Indigenous peoples to the recognition, observance and enforcement of Treaties, agreements and other constructive arrangements concluded with States;
WHEREAS Treaty No. 6 and Article 31 of the United Nations Declaration on the Rights of Indigenous Peoplesrecognize the inherent rights of Peoples’ Nations to maintain, develop, protect, and implement their traditional knowledge systems, including governance, economic, cultural, spiritual, and ethical frameworks within their jurisdiction;
WHEREAS the existing legislative framework governing the relationship between Canada and Peoples’ Nations has failed to give effect to the inherent jurisdiction, Treaty rights, and constitutional rights of Peoples’ Nations, and a new framework grounded in recognition, implementation, and cooperative federalism is required;
WHEREAS reconciliation requires not merely acknowledgement but the active implementation of section 35 rights, Treaty obligations, and the honour of the Crown through legislation that gives legal and operational effect to Nation laws and decisions;
NOW, THEREFORE, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 — PURPOSE, RECOGNITION, AND INTERPRETATION
1. Purpose
The purpose of this Act is to:
(a) recognize and give effect to the inherent jurisdiction of Peoples’ Nations as protected under section 35 of the Constitution Act, 1982 and applicable Treaties;
(b) establish an implementation framework through which federal institutions give legal and operational effect to Nation laws and decisions within their jurisdiction;
(c) support cooperative federalism between Peoples’ Nations and Canada based on recognition, non-interference, and implementation duties;
(d) affirm Indigenous Legal Orders as valid and binding within their own jurisdiction; and
(e) ensure reconciliation through implementation of Treaty relationships and constitutional obligations.
2. Principles of Interpretation
This Act shall be interpreted in a manner that:
(a) affirms the inherent jurisdiction of Peoples’ Nations within section 35 and Treaties;
(b) gives full effect to FPIC as determined by Peoples’ Nations through their Authorized Governance Processes;
(c) recognizes Indigenous Legal Orders as legally valid systems within their jurisdiction;
(d) promotes cooperative implementation between jurisdictions;
(e) upholds the honour of the Crown; and
(f) ensures continuity of rights, recognition, and Treaty relationships.
3. Jurisdictional Primacy and Harmonized Interpretation Rule
(1) Where a conflict arises between a federal law, regulation, policy, or decision and a law or decision of a Peoples’ Nation within constitutionally recognized jurisdiction, courts and decision-makers shall interpret and apply laws in a manner that gives priority to the Nation law or decision to the extent required to uphold section 35 rights and Treaty obligations.
(2) Federal measures shall be read down or modified in application to avoid infringement or unjustifiable interference with Nation jurisdiction.
(3) This section applies notwithstanding any federal interpretive rule, subject only to the Constitution of Canada.
(4) Treaty obligations that cannot be reconciled with federal measures prevail to the extent required to maintain the honour of the Crown.
(5) Remaining conflicts shall be resolved through the remedies framework in Part 8.
4. Definitions
In this Act:
“Peoples’ Nation” means an Indigenous Nation exercising inherent jurisdiction recognized under section 35 of the Constitution Act, 1982.
“Governance Code” means the legal and cultural governance system of a Peoples’ Nation.
“Authorized Governance Processes” means the decision-making processes of a Peoples’ Nation under its Indigenous Legal Order.
“Indigenous Legal Order” means the legal system of a Peoples’ Nation, including written, customary, and spiritual law.
“FPIC” means free, prior and informed consent as determined by a Peoples’ Nation through its Authorized Governance Processes.
“Jurisdiction recognized under this Act” means jurisdiction exercised or assumed by a Peoples’ Nation for implementation under this Act.
“Responsible Federal Administrator” means the federal entity designated under section 16.2 to receive Notices and coordinate implementation under this Act.
“Notice” means Notice given under section 16.1.
“Nation Law or Decision” means a law or decision adopted through Authorized Governance Processes within jurisdiction of a Peoples’ Nation.
PART 2 — RECOGNITION AND IMPLEMENTATION OF JURISDICTION
5. Inherent Jurisdiction
Peoples’ Nations exercise jurisdiction over:
(a) governance;
(b) membership;
(c) lands and waters;
(d) culture and spirituality;
(e) child and family systems; and
(f) trust property and internal administration.
6. Federal Role and Implementation Duty
(1) Federal institutions shall recognize and implement Nation Law or Decision within section 35 and Treaties.
(2) Federal institutions act in a support role where requested.
(3) Federal institutions shall not interfere with Nation jurisdiction.
(4) Federal systems shall be interpreted consistently with this Act.
(5) Non-compliance is subject to Part 8.
7. Indigenous Legal Orders
(1) Indigenous Legal Orders are recognized as valid legal systems.
(2) Courts and decision-makers shall apply this Act consistently with Indigenous Legal Orders and section 35.
PART 3 — MEMBERSHIP
8. Membership Authority
(1) Exclusive authority rests with Peoples’ Nations.
(2) Federal institutions shall not override membership decisions.
(3) Federal registries do not constitute membership.
PART 3A — CONTINUITY OF RECOGNITION (EXPIRATION-EFFECTS)
3A.1 Purpose
This Part prevents extinguishment or reduction of recognition, status, eligibility, or Treaty-related rights through ancestry-based or generational extinction mechanisms, while preserving Nation authority over membership.
3A.2 Expiration-Effect
“Expiration-Effect” means any federal mechanism that reduces or extinguishes recognition, status, eligibility, or Treaty-related rights based on ancestry, descent, blood quantum, or generational formulas.
3A.3 Federal Non-Use Principle
(1) Federal institutions shall not apply Expiration-Effects in a manner that unjustifiably infringes section 35 rights.
(2) Mechanisms must be interpreted to preserve continuity where reasonably possible.
(3) Conflicts are governed by section 3.
(4) No avoidance through alternate classifications is permitted.
3A.4 Continuity of Recognition
Recognition or eligibility shall not be reduced solely through ancestry, descent, or generational rules where such reduction would result in unjustifiable impairment of section 35 rights or Treaty protections.
3A.5 Treaty Continuity
Treaty rights shall be interpreted to preserve continuity and avoid extinguishment through administrative mechanisms.
3A.6 Non-Substitution
Federal registration systems do not determine Nation membership.
3A.7 Administrative Correction
Federal institutions shall take reasonable steps to correct records inconsistent with this Part.
3A.8 Nation Authority Preserved
Nation membership authority is unaffected by this Part.
PART 4 — LANDS AND WATER
9. Lands
Reserve Lands are governed by Peoples’ Nations consistent with section 35 and Treaties.
10. Water Rights
Peoples’ Nations have jurisdiction over waters affecting their lands and peoples. Federal decisions must be consistent with FPIC where required.
4A.1 Water Protection Zones
(1) Nations may establish Water Protection Zones by Notice under section 16.1.
(2) Federal institutions shall give legal effect to Water Protection Zones consistent with constitutional implementation duties.
(3) Conflicts are resolved under section 3 and Part 8.
PART 4A — CHILD, YOUTH, AND FAMILY JURISDICTION
4A.2 Purpose
This Part implements Peoples’ Nations’ jurisdiction over child, youth, and family systems consistent with section 35, Treaties, and the honour of the Crown.
4A.3 Definitions
In this Part:
“Child, youth and family systems” means the Nation’s laws, processes, institutions, and services through which it governs child welfare, youth-related matters, and family-related matters within Nation jurisdiction.
“Nation child and family law” means a law or decision adopted through Authorized Governance Processes governing child, youth and family systems.
“Continuity of Nation connection” means the continuing relationship between a child, youth, and family and their Nation, as determined by the Nation through its Authorized Governance Processes.
4A.4 Recognition and Exercise
(1) Federal institutions shall recognize and give effect to Nation child and family law within the jurisdiction of the Nation.
(2) Nation child and family systems are exercised through Authorized Governance Processes and Indigenous Legal Orders.
(3) Where Nation child and family law differs from federal processes, federal decision-makers shall apply section 3 to avoid interference with Nation jurisdiction.
4A.5 Paramountcy and Protection of Children
(1) Nation child and family systems shall be applied in a manner that protects children and promotes the child’s best interests as determined in accordance with the Nation’s Indigenous Legal Order.
(2) Where federal decision-makers must act in circumstances involving children, youth, and family matters within Nation jurisdiction, they shall do so consistently with Nation child and family law and Indigenous Legal Order, and subject to section 3.
(3) No federal measure shall derogate from Nation authority over child, youth and family systems.
4A.6 Funding and Implementation
(1) Federal funding arrangements that support implementation of Nation child and family systems shall be administered consistently with Nation direction and constitutional obligations.
(2) Federal institutions shall co-develop funding mechanisms and implementation supports with the Nation through its Authorized Governance Processes, including where FPIC is required.
4A.7 Continuity of Nation Connection
(1) Nation child and family systems shall preserve Continuity of Nation connection, as determined by the Nation through its Authorized Governance Processes.
(2) Federal institutions shall not impose mechanisms that disrupt Continuity of Nation connection contrary to Nation determination.
4A.8 Non-Derogation
Nothing in this Part limits or derogates from:
(a) section 35 rights; or
(b) Treaty rights; or
(c) Nation jurisdiction over child, youth and family systems.
PART 5 — FPIC AND CO-DEVELOPMENT
11. FPIC and Co-Development
(1) FPIC is required where constitutionally engaged and determined by Peoples’ Nations through their Authorized Governance Processes.
(2) Federal measures affecting Peoples’ Nations must be developed and implemented consistently with section 35 obligations and FPIC where required.
PART 6 — FINANCE AND LIABILITY
12. Trust Moneys and Funding
Trust moneys and funding must be administered in a manner consistent with Nation direction and constitutional obligations.
13. Crown Liability
The Crown remains liable for breaches of legal obligations toward Peoples’ Nations.
PART 7 — IMPLEMENTATION AND NOTICE
14. Jurisdiction Exercised Through Notice
Jurisdiction is exercised through Notice under section 16.1. Federal institutions must implement jurisdiction consistent with section 35 obligations.
16.1 Notice and Receipt
(1) A Notice is the written mechanism by which a Peoples’ Nation triggers and communicates jurisdictional implementation under this Act.
(2) A Notice must, at minimum, include:
(a) the Nation’s identity and the Nation Law or Decision being implemented;
(b) the jurisdictional scope to which the Notice relates;
(c) the effective date of implementation;
(d) where relevant, the boundaries or description of any geographic area affected (including Water Protection Zones);
(e) the specific federal institution(s) and administrative processes expected to implement the Notice;
(f) the service address and contact details designated by the Nation for receipt of communications under this Act; and
(g) evidence of adoption of the Nation Law or Decision through the Nation’s Authorized Governance Processes, in a form specified by the Notice.
(3) Notices must be given to the Responsible Federal Administrator at the service address designated under section 16.2.
(4) Proof of delivery may be established by documentation of transmission and receipt in a manner specified by regulation or, where no regulation applies, by any reliable written record.
(5) Upon receipt, federal institutions must implement the jurisdictional matters identified in the Notice within the time required by the constitutional implementation duties applicable in the circumstances, and in no case later than fifteen days after receipt for administrative steps necessary to give legal effect.
(6) A Notice may be corrected by the Nation to remedy formal errors, provided the correction is communicated in writing without undermining substantive continuity of Nation jurisdiction.
(7) A federal institution’s receipt of a Notice does not waive any rights, remedies, or objections available to the Nation.
16.2 Responsible Federal Administrator
(1) The Governor in Council shall designate a federal entity as the Responsible Federal Administrator for the purposes of this Act.
(2) The Responsible Federal Administrator shall:
(a) receive Notices under section 16.1;
(b) coordinate implementation support between federal institutions where required; and
(c) ensure administrative processes are consistent with this Act and section 3.
PART 8 — ENFORCEMENT
17. Compliance Commissioner
(1) An independent Compliance Commissioner oversees compliance through investigation and directives.
(2) The Commissioner may:
(a) investigate alleged non-compliance with this Act;
(b) require production of relevant records and documents from federal institutions, subject only to applicable law and privilege;
(c) issue binding directives to federal institutions to take specified steps to comply with this Act; and
(d) report findings to Parliament.
(3) Directives issued by the Commissioner are enforceable in accordance with the Court Remedies provisions of this Act.
18. Court Remedies
(1) Courts may grant any remedy necessary to enforce this Act consistent with the Constitution, including injunctive and declaratory relief.
(2) Where appropriate, the Court may:
(a) issue an injunction requiring compliance;
(b) make declarations concerning the interpretation and application of this Act;
(c) order compliance steps within a specified timeframe; and
(d) grant any other relief necessary to ensure the honour of the Crown and implementation of section 35 rights and Treaty obligations.
PART 9 — GENERAL
19. Non-Diminishment
Nothing in this Act limits section 35 or Treaty rights.
20. Paramount Interpretation
In the event of any inconsistency in the interpretation of this Act, the following interpretive priorities apply:
(a) section 35 rights;
(b) Treaty obligations;
(c) the honour of the Crown; and
(d) reconciliation through implementation.
21. Coming into Force
This Act comes into force on a day fixed by proclamation.
PEOPLES’ NATIONS SOVEREIGNTY ACT
PEOPLES’ NATIONS SOVEREIGNTY ACT
Consolidated Legislative Draft
PART 1 — PURPOSE, RECOGNITION, AND INTERPRETATION
Purpose
The purpose of this Act is to:
(a) recognize and give effect to the inherent jurisdiction of Peoples’ Nations as protected under section 35 of the Constitution Act, 1982 and applicable Treaties;
(b) establish an implementation framework through which federal institutions give legal and operational effect to Nation laws and decisions within their jurisdiction;
(c) support cooperative federalism between Peoples’ Nations and Canada based on recognition, non-interference, and implementation duties;
(d) affirm Indigenous Legal Orders as valid and binding within their own jurisdiction; and
(e) ensure reconciliation through implementation of Treaty relationships and constitutional obligations.
Principles of Interpretation
This Act shall be interpreted in a manner that:
(a) affirms the inherent jurisdiction of Peoples’ Nations within section 35 and Treaties;
(b) gives full effect to FPIC as determined by Peoples’ Nations through their Authorized Governance Processes;
(c) recognizes Indigenous Legal Orders as legally valid systems within their jurisdiction;
(d) promotes cooperative implementation between jurisdictions;
(e) upholds the honour of the Crown; and
(f) ensures continuity of rights, recognition, and Treaty relationships.
3.1 Jurisdictional Primacy and Harmonized Interpretation Rule
(1) Where a conflict arises between a federal law, regulation, policy, or decision and a law or decision of a Peoples’ Nation within constitutionally recognized jurisdiction, courts and decision-makers shall interpret and apply laws in a manner that gives priority to the Nation law or decision to the extent required to uphold section 35 rights and Treaty obligations.
(2) Federal measures shall be read down or modified in application to avoid infringement or unjustifiable interference with Nation jurisdiction.
(3) This section applies notwithstanding any federal interpretive rule, subject only to the Constitution of Canada.
(4) Treaty obligations that cannot be reconciled with federal measures prevail to the extent required to maintain the honour of the Crown.
(5) Remaining conflicts shall be resolved through the remedies framework in Part 8.
Definitions
In this Act:
“Peoples’ Nation” means an Indigenous Nation exercising inherent jurisdiction recognized under section 35 of the Constitution Act, 1982.
“Governance Code” means the legal and cultural governance system of a Peoples’ Nation.
“Authorized Governance Processes” means the decision-making processes of a Peoples’ Nation under its Indigenous Legal Order.
“Indigenous Legal Order” means the legal system of a Peoples’ Nation, including written, customary, and spiritual law.
“FPIC” means free, prior and informed consent as determined by a Peoples’ Nation through its Authorized Governance Processes.
“Jurisdiction recognized under this Act” means jurisdiction exercised or assumed by a Peoples’ Nation for implementation under this Act.
“Responsible Federal Administrator” means the federal entity designated under section 16.2 to receive Notices and coordinate implementation under this Act.
“Notice” means Notice given under section 16.1.
“Nation Law or Decision” means a law or decision adopted through Authorized Governance Processes within jurisdiction of a Peoples’ Nation.
PART 2 — RECOGNITION AND IMPLEMENTATION OF JURISDICTION
Inherent Jurisdiction
Peoples’ Nations exercise jurisdiction over:
(a) governance
(b) membership
(c) lands and waters
(d) culture and spirituality
(e) child and family systems
(f) trust property and internal administration
Federal Role and Implementation Duty
(1) Federal institutions shall recognize and implement Nation Law or Decision within section 35 and Treaties.
(2) Federal institutions act in a support role where requested.
(3) Federal institutions shall not interfere with Nation jurisdiction.
(4) Federal systems shall be interpreted consistently with this Act.
(5) Non-compliance is subject to Part 8.
Indigenous Legal Orders
(1) Indigenous Legal Orders are recognized as valid legal systems.
(2) Courts and decision-makers shall apply this Act consistently with Indigenous Legal Orders and section 35.
PART 3 — MEMBERSHIP
Membership Authority
(1) Exclusive authority rests with Peoples’ Nations.
(2) Federal institutions shall not override membership decisions.
(3) Federal registries do not constitute membership.
PART 3A — CONTINUITY OF RECOGNITION (EXPIRATION-EFFECTS)
3A.1 Purpose
This Part prevents extinguishment or reduction of recognition, status, eligibility, or Treaty-related rights through ancestry-based or generational extinction mechanisms, while preserving Nation authority over membership.
3A.2 Expiration-Effect
“Expiration-Effect” means any federal mechanism that reduces or extinguishes recognition, status, eligibility, or Treaty-related rights based on ancestry, descent, blood quantum, or generational formulas.
3A.3 Federal Non-Use Principle
(1) Federal institutions shall not apply Expiration-Effects in a manner that unjustifiably infringes section 35 rights.
(2) Mechanisms must be interpreted to preserve continuity where reasonably possible.
(3) Conflicts are governed by section 3.1.
(4) No avoidance through alternate classifications is permitted.
3A.4 Continuity of Recognition
Recognition or eligibility shall not be reduced solely through ancestry, descent, or generational rules where such reduction would result in unjustifiable impairment of section 35 rights or Treaty protections.
3A.5 Treaty Continuity
Treaty rights shall be interpreted to preserve continuity and avoid extinguishment through administrative mechanisms.
3A.6 Non-Substitution
Federal registration systems do not determine Nation membership.
3A.7 Administrative Correction
Federal institutions shall take reasonable steps to correct records inconsistent with this Part.
3A.8 Nation Authority Preserved
Nation membership authority is unaffected by this Part.
PART 4 — LANDS AND WATER
Lands
Reserve Lands are governed by Peoples’ Nations consistent with section 35 and Treaties.
Water Rights
Peoples’ Nations have jurisdiction over waters affecting their lands and peoples. Federal decisions must be consistent with FPIC where required.
4.1 Water Protection Zones
(1) Nations may establish Water Protection Zones by Notice under section 16.1.
(2) Federal institutions shall give legal effect to Water Protection Zones consistent with constitutional implementation duties.
(3) Conflicts are resolved under section 3.1 and Part 8.
PART 4A — CHILD, YOUTH, AND FAMILY JURISDICTION
4A.2 Purpose
This Part implements Peoples’ Nations’ jurisdiction over child, youth, and family systems consistent with section 35, Treaties, and the honour of the Crown.
4A.3 Definitions
In this Part:
“Child, youth and family systems” means the Nation’s laws, processes, institutions, and services through which it governs child welfare, youth-related matters, and family-related matters within Nation jurisdiction.
“Nation child and family law” means a law or decision adopted through Authorized Governance Processes governing child, youth and family systems.
“Continuity of Nation connection” means the continuing relationship between a child, youth, and family and their Nation, as determined by the Nation through its Authorized Governance Processes.
4A.4 Recognition and Exercise
(1) Federal institutions shall recognize and give effect to Nation child and family law within the jurisdiction of the Nation.
(2) Nation child and family systems are exercised through Authorized Governance Processes and Indigenous Legal Orders.
(3) Where Nation child and family law differs from federal processes, federal decision-makers shall apply section 3.1 to avoid interference with Nation jurisdiction.
4A.5 Paramountcy and Protection of Children
(1) Nation child and family systems shall be applied in a manner that protects children and promotes the child’s best interests as determined in accordance with the Nation’s Indigenous Legal Order.
(2) Where federal decision-makers must act in circumstances involving children, youth, and family matters within Nation jurisdiction, they shall do so consistently with Nation child and family law and Indigenous Legal Order, and subject to section 3.1.
(3) No federal measure shall derogate from Nation authority over child, youth and family systems.
4A.6 Funding and Implementation
(1) Federal funding arrangements that support implementation of Nation child and family systems shall be administered consistently with Nation direction and constitutional obligations.
(2) Federal institutions shall co-develop funding mechanisms and implementation supports with the Nation through its Authorized Governance Processes, including where FPIC is required.
4A.7 Continuity of Nation Connection
(1) Nation child and family systems shall preserve Continuity of Nation connection, as determined by the Nation through its Authorized Governance Processes.
(2) Federal institutions shall not impose mechanisms that disrupt Continuity of Nation connection contrary to Nation determination.
4A.8 Non-Derogation
Nothing in this Part limits or derogates from:
(a) section 35 rights; or
(b) Treaty rights; or
(c) Nation jurisdiction over child, youth and family systems.
PART 5 — FPIC AND CO-DEVELOPMENT
FPIC and Co-Development
(1) FPIC is required where constitutionally engaged and determined by Peoples’ Nations through their Authorized Governance Processes.
(2) Federal measures affecting Peoples’ Nations must be developed and implemented consistently with section 35 obligations and FPIC where required.
PART 6 — FINANCE AND LIABILITY
Trust Moneys and Funding
Trust moneys and funding must be administered in a manner consistent with Nation direction and constitutional obligations.
Crown Liability
The Crown remains liable for breaches of legal obligations toward Peoples’ Nations.
PART 7 — IMPLEMENTATION AND NOTICE
Jurisdiction Exercised Through Notice
Jurisdiction is exercised through Notice under section 16.1.
Federal institutions must implement jurisdiction consistent with section 35 obligations.
16.1 Notice and Receipt
(1) A Notice is the written mechanism by which a Peoples’ Nation triggers and communicates jurisdictional implementation under this Act.
(2) A Notice must, at minimum, include:
(a) the Nation’s identity and the Nation Law or Decision being implemented;
(b) the jurisdictional scope to which the Notice relates;
(c) the effective date of implementation;
(d) where relevant, the boundaries or description of any geographic area affected (including Water Protection Zones);
(e) the specific federal institution(s) and administrative processes expected to implement the Notice;
(f) the service address and contact details designated by the Nation for receipt of communications under this Act; and
(g) evidence of adoption of the Nation Law or Decision through the Nation’s Authorized Governance Processes, in a form specified by the Notice.
(3) Notices must be given to the Responsible Federal Administrator at the service address designated under section 16.2.
(4) Proof of delivery may be established by documentation of transmission and receipt in a manner specified by regulation or, where no regulation applies, by any reliable written record.
(5) Upon receipt, federal institutions must implement the jurisdictional matters identified in the Notice within the time required by the constitutional implementation duties applicable in the circumstances, and in no case later than fifteen days after receipt for administrative steps necessary to give legal effect.
(6) A Notice may be corrected by the Nation to remedy formal errors, provided the correction is communicated in writing without undermining substantive continuity of Nation jurisdiction.
(7) A federal institution’s receipt of a Notice does not waive any rights, remedies, or objections available to the Nation.
16.2 Responsible Federal Administrator
(1) The Governor in Council shall designate a federal entity as the Responsible Federal Administrator for the purposes of this Act.
(2) The Responsible Federal Administrator shall:
(a) receive Notices under section 16.1;
(b) coordinate implementation support between federal institutions where required; and
(c) ensure administrative processes are consistent with this Act and section 3.1.
PART 8 — ENFORCEMENT
Compliance Commissioner
(1) An independent Compliance Commissioner oversees compliance through investigation and directives.
(2) The Commissioner may:
(a) investigate alleged non-compliance with this Act;
(b) require production of relevant records and documents from federal institutions, subject only to applicable law and privilege;
(c) issue binding directives to federal institutions to take specified steps to comply with this Act; and
(d) report findings to Parliament.
(3) Directives issued by the Commissioner are enforceable in accordance with the Court Remedies provisions of this Act.
Court Remedies
(1) Courts may grant any remedy necessary to enforce this Act consistent with the Constitution, including injunctive and declaratory relief.
(2) Where appropriate, the Court may:
(a) issue an injunction requiring compliance;
(b) make declarations concerning the interpretation and application of this Act;
(c) order compliance steps within a specified timeframe; and
(d) grant any other relief necessary to ensure the honour of the Crown and implementation of section 35 rights and Treaty obligations.
PART 9 — GENERAL
Non-Diminishment
Nothing in this Act limits section 35 or Treaty rights.
Paramount Interpretation
Interpretation prioritizes:
(a) section 35 rights
(b) Treaty obligations
(c) honour of the Crown
(d) reconciliation through implementation
Coming into Force
By proclamation.
Peoples’ Nations Sovereignty Act
Peoples’ Nations Sovereignty Act
SHORT TITLE
This Act may be cited as the Peoples’ Nations Sovereignty Act.
PREAMBLE
WHEREAS the Peoples’ Nations are the original peoples of these lands and possess inherent rights, title, and jurisdiction that pre-exist and persist beyond the formation of Canada;
WHEREAS the Crown has entered into solemn Treaty relationships with Peoples’ Nations, including Treaty 6 and others, which establish binding nation-to-nation obligations and must be interpreted and implemented in accordance with the honour of the Crown;
WHEREAS the United Nations Declaration on the Rights of Indigenous Peoples affirms the right of Indigenous peoples to self-determination, including the right to freely determine their political status and pursue their economic, social, cultural, and spiritual development;
WHEREAS Peoples’ Nations maintain living legal orders grounded in their laws, customs, traditions, and governance systems, including spiritual and cultural teachings in which relationships among the Creator, the land, and the people are foundational to law, responsibility, and identity;
WHEREAS Parliament recognizes the need for a clear legal framework to support the recognition, transition, and implementation of jurisdictional authority by Peoples’ Nations in a manner consistent with Treaties, reconciliation, and the Constitution of Canada;
NOW THEREFORE, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 — INTERPRETATION AND PURPOSE
2. Purpose
The purpose of this Act is to:
(a) recognize the inherent jurisdiction of Peoples’ Nations over internal governance, membership, lands, resources, and trust property;
(b) establish a framework for the transition and recognition of administrative authority from Canada to Peoples’ Nations where directed by those Nations;
(c) ensure federal institutions act only in a support capacity when requested by a Peoples’ Nation;
(d) affirm that Indigenous legal, cultural, and spiritual systems constitute valid and enforceable legal orders within their jurisdiction; and
(e) ensure implementation is consistent with section 35 of the Constitution Act, 1982, Treaties, and the honour of the Crown.
3. Principles of Interpretation
(1) This Act shall be interpreted in a manner that:
(a) gives priority to the laws and governance decisions of Peoples’ Nations within their jurisdiction;
(b) affirms free, prior and informed consent as determined by each Peoples’ Nation;
(c) recognizes Indigenous legal orders, including spiritual and cultural laws, as valid systems of governance; and
(d) promotes reconciliation through recognition of jurisdiction and self-determination.
(2) Nothing in this Act shall be interpreted so as to abrogate or derogate from section 35 rights, Treaty rights, or inherent Indigenous jurisdiction.
4. Definitions
In this Act:
“Authorized Governance Processes” means the decision-making systems of a Peoples’ Nation through which it exercises law-making, consent, and governance authority.
“FPIC” means free, prior and informed consent as determined by the Peoples’ Nation through its own governance systems.
“Governance Code” means the legal, customary, and traditional governance framework of a Peoples’ Nation.
“Indigenous Legal Order” means the laws, customs, traditions, and spiritual teachings of a Peoples’ Nation as recognized and applied by that Nation.
“Nation Member” means a person recognized as a member of a Peoples’ Nation under its own laws.
“Peoples’ Nation” means an Indigenous Nation exercising self-identification and governance authority under its own laws, customs, and traditions.
“Reserve Lands” means lands set apart for the use and benefit of a Peoples’ Nation.
“Treaty Lands” means lands, territories, and interests in land recognized, protected, reserved, affirmed, or otherwise addressed through a Treaty between a Peoples’ Nation and the Crown.
“Trust Moneys” means funds held by Canada for the benefit of a Peoples’ Nation.
“responsible federal administrator” means the federal official, department, agency, or body designated by the Governor in Council to receive notices and coordinate support under this Act.
PART 2 — RECOGNITION OF JURISDICTION
5. Recognition of Inherent Jurisdiction
(1) Canada recognizes that Peoples’ Nations possess inherent jurisdiction over:
(a) governance and leadership;
(b) membership and citizenship;
(c) internal law-making;
(d) land stewardship and use;
(e) cultural and spiritual practices; and
(f) administration of funds held for their benefit.
(2) This jurisdiction is exercised in accordance with each Peoples’ Nation’s Governance Code and Authorized Governance Processes.
6. Limitation of Federal Authority
(1) Federal institutions shall not exercise decision-making authority over matters within a Peoples’ Nation’s jurisdiction except as required by law and this Act.
(2) Federal institutions may provide administrative, technical, or financial support only upon written request.
(3) Such support does not constitute oversight, approval authority, or governance control.
7. Indigenous Legal Orders
(1) Indigenous Legal Orders are recognized as valid legal systems within the jurisdiction of each Peoples’ Nation.
(2) Courts and federal institutions shall interpret this Act in a manner consistent with Indigenous Legal Orders where applicable.
(3) Indigenous Legal Orders may operate concurrently with Canadian law within their jurisdiction, subject to section 35 and Treaties.
PART 3 — MEMBERSHIP AND CITIZENSHIP
8. Exclusive Authority
(1) Each Peoples’ Nation has exclusive authority to determine its membership.
(2) No federal authority may alter or invalidate membership determinations made by a Peoples’ Nation.
(3) Membership decisions are final for the purposes of this Act.
9. Protection Against External Interference
(1) No person shall gain or lose membership in a Peoples’ Nation except in accordance with that Nation’s laws.
(2) Any inconsistent federal provisions are inoperative to the extent of the inconsistency for the purposes of this Act, without affecting Treaties, section 35 rights, or inherent Indigenous jurisdiction.
(3) For greater certainty, where a Peoples’ Nation applies for a declaration, order, injunction, or other appropriate remedy under section 28, the Federal Court may confirm the inoperability referred to in subsection (2) and grant just and appropriate relief.
PART 4 — LANDS AND STEWARDSHIP
10. Jurisdiction Over Lands
(1) Reserve Lands and Treaty Lands are held for the use, benefit, stewardship, and continued relationship of the Peoples’ Nation.
(2) Peoples’ Nations have authority over the use, planning, allocation, stewardship, protection, and governance of Reserve Lands and Treaty Lands.
(3) No disposition, transfer, lease, surrender, exchange, or alienation of Reserve Lands shall be valid without the consent of the Peoples’ Nation, expressed through its Authorized Governance Processes and, where consent is required under this Act, in accordance with FPIC as determined by that Peoples’ Nation.
(4) Nothing in this section diminishes Treaty rights associated with Treaty Lands.
11. Treaty Protection
(1) Treaty rights shall be interpreted liberally in favour of Peoples’ Nations.
(2) Ambiguities shall be resolved in accordance with:
(a) the honour of the Crown;
(b) reconciliation; and
(c) FPIC as determined by the Peoples’ Nation through its own governance systems.
PART 5 — FINANCIAL AUTHORITY
12. Trust Moneys
(1) Trust Moneys held by Canada for a Peoples’ Nation shall be administered solely for that Nation’s benefit.
(2) A Peoples’ Nation has authority to direct the use, allocation, and distribution of Trust Moneys.
(3) No funds shall be released except under direction of the Peoples’ Nation or transitional administrative requirements.
13. Accountability Systems
(1) Each Peoples’ Nation may establish its own financial governance systems.
(2) Federal support may be provided only upon request.
(3) Such support does not constitute oversight or control.
PART 6 — TRANSITION OF AUTHORITY
14. Transfer Mechanism
(1) A Peoples’ Nation may assume jurisdiction over any matter by written notice to the responsible federal administrator.
(2) Upon receipt of such notice, federal authority over that matter ceases except for agreed transitional support.
15. Transitional Continuity
(1) Existing services continue only to prevent disruption during transition.
(2) Transition does not create permanent federal jurisdiction.
16. Dispute Resolution During Transition
(1) Disputes shall first be addressed through Indigenous governance systems.
(2) Resolution shall respect Treaties, section 35, the honour of the Crown, and Indigenous Legal Orders.
PART 7 — GENERAL PROTECTIONS
17. Non-Diminishment
Nothing in this Act shall:
(a) diminish section 35 rights;
(b) extinguish Treaty rights;
(c) override Indigenous jurisdiction; or
(d) invalidate Indigenous Legal Orders.
18. Interpretation on Protection of Rights
Where an inconsistency exists between this Act and another Act of Parliament, this Act shall be construed, to the extent possible, in a manner that best protects Treaty rights, section 35 rights, Indigenous self-determination, and Indigenous Legal Orders, consistent with the Constitution of Canada.
PART 8 — NATION-TO-NATION IMPLEMENTATION AND GOVERNANCE
19. Nation-to-Nation Agreements
(1) A Peoples’ Nation may enter into implementation agreements with Canada.
(2) Agreements may address governance, fiscal arrangements, lands, resources, services, justice, and transitional matters.
(3) No agreement shall diminish rights recognized by Treaties or section 35.
(4) Such agreements do not constitute a surrender of sovereignty, jurisdiction, title, or rights.
20. Fiscal Transfer and Revenue Arrangements
(1) Canada shall negotiate in good faith fiscal arrangements sufficient to support the exercise of jurisdiction assumed under this Act.
(2) Fiscal arrangements shall be predictable, stable, and transparent.
(3) Peoples’ Nations may negotiate revenue-sharing arrangements.
(4) Nothing limits a Peoples’ Nation’s ability to generate or manage its own revenues.
21. Recognition of Cultural, Linguistic, and Spiritual Foundations
(1) Parliament recognizes that the languages, cultures, ceremonies, spiritual traditions, sacred teachings, and relationships to the Creator maintained by Peoples’ Nations form an integral part of their identity and legal traditions.
(2) Nothing in this Act shall diminish the right of Peoples’ Nations to maintain, protect, revitalize, develop, and transmit those traditions.
(3) Federal institutions shall conduct themselves in a manner respectful of those traditions.
22. Relationship with Provincial Governments
(1) Canada shall engage provincial governments in good-faith discussions respecting implementation of this Act.
(2) Nothing in this section requires a Peoples’ Nation to surrender or waive any right.
(3) Provincial participation shall be consistent with Treaty relationships, section 35, and FPIC.
22.1. Duty to Negotiate
(1) Where a provincial law, policy, permit, authorization, or decision may substantially affect a Peoples’ Nation, Canada shall seek to facilitate good-faith negotiations.
(2) Such negotiations shall be conducted in a manner consistent with section 35, Treaty obligations, the honour of the Crown, and FPIC.
(3) Nothing limits a Peoples’ Nation’s ability to pursue rights, title, jurisdiction, or remedies available under Canadian law.
23. Continuing Recognition of Indigenous Legal Orders
(1) Indigenous Legal Orders shall continue to develop according to the laws and governance processes of each Peoples’ Nation.
(2) Courts and tribunals shall give due regard to Indigenous Legal Orders where relevant.
(3) Nothing in this Act freezes or codifies Indigenous Legal Orders except where a Peoples’ Nation chooses to do so.
24. Paramount Principle of Interpretation
(1) This Act shall be interpreted in a manner that gives fullest effect to:
(a) Treaty relationships;
(b) section 35;
(c) self-determination;
(d) Indigenous Legal Orders; and
(e) the honour of the Crown.
25. Review of the Act
(1) Within five years after coming into force, and every five years thereafter, a comprehensive review shall be undertaken.
(2) The review shall be conducted in partnership with representatives selected by Peoples’ Nations.
26. Coming into Force
This Act comes into force on a day or days fixed by order of the Governor in Council.
PART 9 — OVERSIGHT, APPLICATION, AND ENFORCEMENT
27. Peoples’ Nations Commissioner
(1) An independent officer known as the Peoples’ Nations Commissioner shall be appointed following consultation with representatives selected by Peoples’ Nations.
(2) The Commissioner shall:
(a) monitor compliance with this Act;
(b) investigate complaints;
(c) issue findings and recommendations;
(d) prepare annual reports to Parliament; and
(e) facilitate dispute resolution where requested.
(3) The Commissioner may require records and information necessary to assess compliance.
(4) The Commissioner shall operate independently of ministerial direction.
28. Right of Application
(1) A Peoples’ Nation may apply to the Federal Court for a declaration, order, injunction, or other appropriate remedy where a federal institution has acted contrary to this Act.
(2) The Court may grant any remedy it considers just and appropriate.
(3) Proceedings may be expedited where delay could cause significant harm.
29. Annual Compliance Reporting
(1) Federal departments and agencies exercising responsibilities under this Act shall submit annual compliance reports.
(2) Reports shall be provided to the Peoples’ Nations Commissioner and tabled in Parliament.
30. Non-Retaliation
(1) No federal institution shall reduce, suspend, delay, condition, or withhold funding, services, benefits, negotiations, or administrative support because a Peoples’ Nation exercises rights recognized under this Act.
(2) Any action contrary to subsection (1) may be reviewed by the Federal Court upon application by the affected Peoples’ Nation.
Peoples’ Nation Sovereignty Act.
PEOPLES’ NATIONS SOVEREIGNTY ACT
SHORT TITLE
This Act may be cited as the Peoples’ Nations Sovereignty Act.
PREAMBLE
WHEREAS the Peoples’ Nations are the original peoples of these lands and possess inherent rights, title, and jurisdiction that pre-exist and persist beyond the formation of Canada;
WHEREAS the Crown has entered into solemn Treaty relationships with Peoples’ Nations, including Treaty 6 and others, which establish binding nation-to-nation obligations and must be interpreted and implemented in accordance with the honour of the Crown;
WHEREAS the United Nations Declaration on the Rights of Indigenous Peoples affirms the right of Indigenous peoples to self-determination, including the right to freely determine their political status and pursue their economic, social, cultural, and spiritual development;
WHEREAS Peoples’ Nations maintain living legal orders grounded in their laws, customs, traditions, and governance systems, including spiritual and cultural teachings in which relationships among the Creator, the land, and the people are foundational to law, responsibility, and identity;
WHEREAS Parliament recognizes the need for a clear legal framework to support the recognition, transition, and implementation of jurisdictional authority by Peoples’ Nations in a manner consistent with Treaties, reconciliation, and the Constitution of Canada;
NOW THEREFORE, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1 — INTERPRETATION AND PURPOSE
2. Purpose
The purpose of this Act is to:
(a) recognize the inherent jurisdiction of Peoples’ Nations over internal governance, membership, lands, resources, and trust property;
(b) establish a framework for the transition and recognition of administrative authority from Canada to Peoples’ Nations where directed by those Nations;
(c) ensure federal institutions act only in a support capacity when requested by a Peoples’ Nation;
(d) affirm that Indigenous legal, cultural, and spiritual systems constitute valid and enforceable legal orders within their jurisdiction;
(e) ensure implementation is consistent with Section 35 of the Constitution Act, 1982, Treaties, and the honour of the Crown.
3. Principles of Interpretation
(1) This Act shall be interpreted in a manner that:
(a) gives priority to the laws and governance decisions of Peoples’ Nations within their jurisdiction;
(b) affirms free, prior and informed consent as determined by each Peoples’ Nation;
(c) recognizes Indigenous legal orders, including spiritual and cultural laws, as valid systems of governance;
(d) promotes reconciliation through recognition of jurisdiction and self-determination.
(2) Nothing in this Act shall be interpreted so as to abrogate or derogate from Section 35 rights, Treaty rights, or inherent Indigenous jurisdiction.
4. Definitions
In this Act:
“Peoples’ Nation” means an Indigenous Nation exercising self-identification and governance authority under its own laws, customs, and traditions.
“Governance Code” means the legal, customary, and traditional governance framework of a Peoples’ Nation, including written laws, oral traditions, and spiritual teachings recognized by that Nation.
“Authorized Governance Processes” means the decision-making systems of a Peoples’ Nation through which it exercises law-making, consent, and governance authority.
“Nation Member” means a person recognized as a member of a Peoples’ Nation under its own laws.
“Reserve Lands” means lands set apart for the use and benefit of a Peoples’ Nation, including Treaty and statutorily recognized lands.
“Trust Moneys” means funds held by Canada for the benefit of a Peoples’ Nation.
“FPIC” means free, prior and informed consent as determined by the Peoples’ Nation through its own governance systems.
“Indigenous Legal Order” means the laws, customs, traditions, and spiritual teachings of a Peoples’ Nation as recognized and applied by that Nation.
PART 2 — RECOGNITION OF JURISDICTION
5. Recognition of Inherent Jurisdiction
(1) The Government of Canada recognizes that Peoples’ Nations have inherent jurisdiction over their internal affairs, including:
(a) governance and leadership;
(b) membership and citizenship;
(c) internal law-making;
(d) land stewardship and use;
(e) cultural and spiritual practices;
(f) administration of funds held for their benefit.
(2) This jurisdiction is exercised in accordance with each Peoples’ Nation’s Governance Code and Authorized Governance Processes.
6. Limitation of Federal Authority
(1) Federal institutions shall not exercise decision-making authority over matters within a Peoples’ Nation’s jurisdiction, except as required by law and this Act.
(2) Federal institutions may provide administrative, technical, or financial support only upon written request by a Peoples’ Nation.
(3) Such support shall not constitute oversight, approval authority, or governance control.
7. Indigenous Legal Orders
(1) Indigenous Legal Orders are recognized as valid legal systems within the jurisdiction of each Peoples’ Nation.
(2) Courts and federal institutions shall, where applicable, interpret this Act in a manner consistent with Indigenous Legal Orders.
(3) Indigenous Legal Orders may operate concurrently with Canadian law within their jurisdiction, subject to Section 35 and Treaties.
PART 3 — MEMBERSHIP AND CITIZENSHIP
8. Exclusive Authority
(1) Each Peoples’ Nation has exclusive authority to determine its membership.
(2) No federal authority may alter, override, or invalidate membership determinations made by a Peoples’ Nation.
(3) Membership decisions made by a Peoples’ Nation are final for all purposes under this Act.
9. Protection Against External Interference
(1) No person shall gain or lose membership in a Peoples’ Nation except in accordance with that Nation’s laws.
(2) Any inconsistent federal provisions are inoperative to the extent of the inconsistency.
PART 4 — LANDS AND STEWARDSHIP
10. Jurisdiction Over Lands
(1) Reserve Lands and Treaty lands are held for the use and benefit of the Peoples’ Nation.
(2) Peoples’ Nations have authority over land use, planning, allocation, and stewardship.
(3) No disposition or transfer of such lands is valid without the Nation’s consent through its governance processes.
11. Treaty Protection
(1) Treaty rights shall be interpreted liberally in favour of Peoples’ Nations.
(2) All ambiguities shall be resolved in accordance with:
(a) honour of the Crown;
(b) reconciliation;
(c) FPIC.
PART 5 — FINANCIAL AUTHORITY
12. Trust Moneys
(1) Trust moneys held by Canada for a Peoples’ Nation shall be administered solely for that Nation’s benefit.
(2) A Peoples’ Nation has authority to direct use, allocation, and distribution of such funds.
(3) No funds shall be released except under direction of the Peoples’ Nation or transitional administrative requirements.
13. Accountability Systems
(1) Each Peoples’ Nation may establish its own financial governance systems.
(2) Federal support may be provided only upon request.
(3) Such support shall not constitute oversight or control.
PART 6 — TRANSITION OF AUTHORITY
14. Transfer Mechanism
(1) A Peoples’ Nation may assume jurisdiction over any matter by written notice.
(2) Upon receipt, federal authority over that matter ceases, except for agreed transitional support.
15. Transitional Continuity
(1) Existing services continue only to prevent disruption during transition.
(2) Transition does not create permanent federal jurisdiction.
16. Dispute Resolution
(1) Disputes shall first be addressed through Indigenous governance systems.
(2) Where necessary, resolution shall respect:
(a) Treaties;
(b) Section 35;
(c) honour of the Crown;
(d) Indigenous Legal Orders.
PART 7 — GENERAL PROTECTIONS
17. Non-Diminishment
(1) Nothing in this Act shall:
(a) diminish Section 35 rights;
(b) extinguish Treaty rights;
(c) override Indigenous jurisdiction;
(d) invalidate Indigenous Legal Orders.
18. Paramountcy of Rights
In the event of conflict between this Act and any other federal law, this Act shall prevail to the extent of protecting Peoples’ Nations’ jurisdiction and rights under Treaties and Section 35.
FINAL NOTE (IN LEGISLATIVE TERMS)
This Act establishes:
Recognition of Nation-level jurisdiction
Legal status for Indigenous legal and spiritual systems
A consent-based transfer model instead of federal override
Full protection of Treaties + Section 35
Federal government reduced to requested support role only