Indigenous-Municipal Legal and Governance Relationships

• Main Authors: Anderson, Doug, Flynn, Alexandra
• Format: Other/Unknown Material
• Language: English
• Published: University of Toronto 2021
• Subjects: Indigenous-municipal relations; Canada; municipal governance; duty to consult; First Nations
• Online Access: http://hdl.handle.net/1807/107492

This paper is part of the IMFG Papers on Municipal Finance and Governance series. For a full list of papers, please visit http://bit.ly/2ylAa2D. This paper describes evolving Canadian municipal relationships with Indigenous Peoples and explores how such relationships may benefit from becoming more deeply reciprocal. The ways in which municipal governments conduct relationships with Indigenous Peoples can include meaningful consultation with First Nations and Indigenous Peoples on matters that affect them; having Indigenous representation on governing bodies; and entering into protocols and agreements with First Nations on lands bordering municipal boundaries and with Indigenous Peoples living in cities. In this paper we focus mainly on Canada’s largest cities. Although close to half of all Indigenous Peoples live in urban areas, cities have fewer legal obligations under Canadian law in respect of Indigenous Peoples than any other order of government. Like all Canadian orders of government, municipal authorities remain largely unaware of distinct Indigenous laws and perspectives. Canada’s Constitution Act limits municipalities to the exercise of authorities granted by provinces. Canadian law views provincial and federal governments as the Crown, while considerable uncertainty remains about the role of municipalities in Indigenous-Crown relationships. We consider whether and how municipal governments are making meaningful changes to modify their governance models and forge reciprocal, respectful relationships with Indigenous Peoples and communities, in relation to distinct Indigenous ways of framing human responsibilities and rights. Institute on Municipal Finance and Governance