What are self-governing First Nations governments in Canada?

Self-governing First Nations governments in Canada are First Nations that have negotiated comprehensive self-government agreements with the federal government, exercising authority over their territory, citizens, and key policy areas. Self-governing First Nations operate outside many provisions of the federal Indian Act of 1876, which has historically governed status Indians and reserves. The first self-government agreement was the Sechelt Indian Band Self-Government Act of 1986.

Self-governing First Nations exercise authority over a defined set of jurisdictions, typically including land management on settlement lands, education, health, language and culture, membership/citizenship, social services, environment, taxation, and (in some cases) criminal law procedures. Self-government agreements are negotiated as treaties under section 35 of the Constitution Act, 1982 and have constitutional status. Each agreement is unique, reflecting the specific First Nation's history, geography, and priorities.

Major self-government agreements include the Sechelt Indian Band Self-Government Act (1986, BC), the Yukon First Nations Final Agreements (11 self-government agreements with Yukon First Nations between 1995 and 2005), the Nisga'a Final Agreement (May 11, 2000, BC), the Westbank First Nation Self-Government Agreement (May 6, 2003, BC), the Tlicho Land Claims and Self-Government Agreement (August 25, 2003, NWT), the Tsawwassen First Nation Final Agreement (April 3, 2009, BC), the Maa-nulth First Nations Final Agreement (April 1, 2011, covering five Nuu-chah-nulth First Nations on Vancouver Island), the Tla'amin Final Agreement (April 5, 2016, BC), and the Anishinabek Education Agreement (April 1, 2017, with 23 Anishinabek First Nations in Ontario).

Modern self-government negotiations are particularly active. The federal Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada departments support negotiations. The federal Bill C-53 of 2024 implemented self-government for the Manitoba Metis Federation, the Métis Nation of Alberta, and the Métis Nation of Ontario. Numerous First Nations are in active negotiations through the British Columbia Treaty Process, the federal Recognition of Indigenous Rights and Self-Determination Negotiations process, and the Tripartite Self-Government Negotiations. The Truth and Reconciliation Commission's Calls to Action (94 Calls of 2015) and the federal United Nations Declaration on the Rights of Indigenous Peoples Act of 2021 provide the broader framework. Self-governing First Nations are not subject to most provisions of the Indian Act and exercise authority comparable to provincial or territorial governments in their areas of jurisdiction.