WDFN will be a s. 35 rights-holder under the Canadian Constitution,
possessing the inherent right of self-government along with other
aboriginal rights recognized in Canadian Law and in the Supreme Court.
WDN Self Government Treaty
Why Amend Our Agreement to Become a Self-Government Treaty?
With the proposed amendments in the Self-Government Agreement, Whitecap Dakota First Nation will be recognized as Aboriginal Peoples in the Canadian Constitution and will protect WDFN's inherent right to self-government.
The Self-Government Treaty Agreement as amended will:
- Recognize WDFN as aboriginal peoples with s.35 and s.25 constitutional rights
- Whitecap's Self-Self-Government Agreement will be fully protected as a Treaty
- Commit to future treaty work to deal with Aboriginal rights (lands, title, etc), and strengthen WDN's position in these negotiations
SECTIONS 35 AND 25 OF CANADA'S CONSTITUTION-PROTECTING ABORIGINAL RIGHTS
Canada's Constitution includes two important sections that protect aboriginal rights and interests:
Section 35 entrenches and affirms indigenous/aboriginal rights in Canadian Constitutional law. The Supreme
Court has used it to protects a range of different Indigenous and treaty rights, including legal recognition of
traditional practices and rights (e.g hunting and food harvesting, marriage and adoption) and the ability to
argue for ownership (title) of traditional lands.
Section 25 is part of Canada's Charter of Rights that provides some balance for aboriginal rights by guaran-
teeing that Charter Rights will not weaken existing aboriginal rights.
Is this like the other Treaties in Saskatchewan?
This agreement does not require a "release" on any rights the Whitecap Dakota may have. This agreement deals with implementing the Inherent Right to Self Government. It does commit to future treaty work to deal with other aboriginal rights (lands, title, etc). Other than the language added to change the Self-Government Agreement to a Self-Government Treaty, the rest of the document is unchanged. It retains the law-making powers and authorities, supported by a fiscal relationship.
What are the Proposed Changes to the Self-Government Agreement?
Canada's Law will recognize WDFN as an Aboriginal peoples under its Constitution (s. 2.01)
Constitutional Protection of the Self- Government Treaty (s. 2.14)
Constitutional protection is the highest form of protection available and
means that future Canadian governments could not unilaterally repeal
the Treaty or take away rights that have been recognized by the Treaty.
Implementing WDFN's inherent right of self-government and implementing the UN Declaration on the Rights of Indigenous Peoples in accordance with the Canadian Constitution:
- Achieving equity in well-being and enhancing economic
opportunity; - Strengthening Dakota culture, language and heritage.
WDFN does agree, for a period of 3 years, not to sue
Canada for matters relating to the Treaty. But there is no other
release of an aboriginal or title right of any kind agreed to.
WDFN does agree to exercise its right of self-government for
matters addressed in the treaty consistent with what is set out in
the treaty. In other words, it will play by the rules of the Treaty.
Future work on a Reconciliation Treaty
As part of future negotiations, WDFN and Canada intend to address other aboriginal rights (e.g. aboriginal title, lands, etc.) through a future
"Reconciliation Treaty".
Contact Us
Whitecap Dakota Nation
182 Chief Whitecap Trail,
Whitecap, Saskatchewan, S7K 2L2
Phone: 306-477-0908
Fax: 306-374-5899
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