Tansi Nîtôtemtik,
Today on the blog, we are evaluating Canada’s efforts to respond to Calls to Action #45 and #46, relating to a Royal Proclamation and a Covenant of Reconciliation.
Call to Action #45 states, in part:
We call upon the Government of Canada, on behalf of all Canadians, to jointly develop with Aboriginal peoples a Royal Proclamation of Reconciliation to be issued by the Crown. The proclamation would build on the Royal Proclamation of 1763 and the Treaty of Niagara of 1764, and reaffirm the nation-to-nation relationship between Aboriginal peoples and the Crown.
Call to Action #46 calls on “the parties to the Indian Residential Schools Settlement Agreement to develop and sign a Covenant of Reconciliation that would identify principles for working collaboratively to advance reconciliation in Canadian society.”
Both Calls recommend that the proclamation and covenant include commitments to:
- Repudiate concepts used to justify European sovereignty over Indigenous lands and people,
- Adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as the framework for reconciliation,
- Renew or establish Treaty relationships based on principles of mutual recognition, mutual respect, and shared responsibility for maintaining those relationships into the future, and
- Recognize and integrate Indigenous laws and legal traditions.[1]

(Image: Royal Proclamation of 1763, Library and Archives Canada)
Call #45: Royal Proclamation
When King George III issued a Royal Proclamation in 1763, the relationship between Indigenous and non-Indigenous peoples was intended to be nation-to-nation, based on peace, fairness, and mutual respect.[2] Unfortunately, the relationship from Confederation to modern times has been guided by the Indian Act, rather than the principles contained in the Royal Proclamation. The TRC calls for a new Royal Proclamation of Reconciliation that represents the long-standing commitments between Indigenous people and Canada, issued from the highest level of authority.[3]
The government response on Call #45 ignores the central tenets entirely. They have not made a Royal Proclamation of Reconciliation, they have not implemented UNDRIP as a framework for reconciliation , and Canada has not formally repudiated the Doctrine of Discovery or terra nullius .
The Government of Canada cites the release of two documents as evidence that progress has been made on Call to Action #45. These are the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples (the Principles)[4] and the Directive on Civil Litigation Involving Indigenous Peoples (the Directive).[5]
The Principles state throughout that the Government of Canada “recognizes” what is needed to achieve reconciliation with Indigenous people, but there is still no formal recognition and acknowledgement of aboriginal laws and legal tradition. This does not align with UNDRIP. According to the Government of Canada, the Principles “[reflect] Articles 3 and 4 of [UNDRIP]” and reflect “UNDRIP’s call to respect and promote the inherent rights of Indigenous peoples.”[6] Nothing in Articles 3 and 4 of UNDRIP speaks of respecting or promoting Indigenous peoples’ right to autonomy or self-government. The Articles say “Indigenous people have the right to self-determination” and “Indigenous peoples [...] have the right to autonomy and self-government”.[7]
The federal government’s plan for promoting the inherent rights of Indigenous peoples is summarized as “changes in the operating practices and processes of the federal government.”[8] This allegedly includes “continu[ing]the process of decolonization and hasten[ing] the end of its legacy wherever it remains in our laws and policies.” There is no action plan. The only measures being taken to implement Call #45 equate to “lip service”.
On a more positive note, on December 2nd, the Government of Northwest Territories (GNWT) announced a new protocol to “grant the territorial government and Indigenous leaders equal decision-making power on land and resource management”. [9]The territory’s Premier, Caroline Cochrane, said the protocol departs from the duty to consult model that always gave the GNWT the final say on project implementation. Instead, this new protocol recognizes that “[t]he GNWT is not the higher government. We are equal at the table.”[10] This is an incredible step taken by the territory, that is actually in line with the nation-to-nation governance relationship advocated for in Call #45 by the TRC. Bravo, GNWT.

Independent researchers are also making substantive progress on Call #45, with the support of federal research funding. The Rebuilding First Nations Governance (RFNG) project is a “community-led research, reflection and action” project led by a national alliance of First Nation communities, Tribal Councils, academics, and public sector members to revitalize Indigenous governance practices and transition away from the Indian Act.[11] The project is supported by a $2.5 million Social Sciences and Humanities Research Council grant.[12]
Unfortunately, the Government of Canada has not made meaningful progress on Call to Action #45, so we award an F. Fortunately, other Canadian stakeholders are stepping up to repair Canada’s relationship with Indigenous people. We hope the Government of Canada is taking notes on their progress.
Call #46: Covenant of Reconciliation
The Church parties to the Indian Residential Schools Settlement Agreement were partners with the Government of Canada in running Residential Schools. These parties have welcomed the TRC’s Calls to Action for a new Covenant of Reconciliation “that would renew and expand our shared commitment to the continuing work of reconciliation.”[13]
According to the Government of Canada website, the federal government has held preliminary discussions with the Indian Residential Schools Settlement Agreement parties about implementing this Call. The government is currently “reviewing concepts that have been used to justify European sovereignty”.[14] Other than this update, it appears any progress on Call #46 is stalled. We award Canada an F for this Call.

Until Next Time,
Team ReconciliAction
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[1] Canada, Truth and Reconciliation Commission, Honouring the Truth and Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada. Winnipeg: The Commission, 2015 at 199-200.
[2] Ibid at 196, 198.
[3] Ibid at 199.
[4] Government of Canada, “Royal Proclamation and Covenant of Reconciliation”, online: https://www.rcaanc-cirnac.gc.ca/eng/1524503097736/155751398230 [Canada].
[5] Ibid.
[6] Department of Justice Canada, “Principles respecting the Government of Canada’s relationship with Indigenous peoples”, online: https://www.justice.gc.ca/eng/csj-sjc/principles-principes.html [Principles]
[7] United Nations Declaration on the Rights of Indigenous Peoples, GA Res 61/295, UNGAOR, 61st Sess, UN Doc A/61/295 (2007), arts 3-4 [emphasis added].
[8] Principles, supra note 6.
[9] Natalie Pressman, “New Protocol makes GNWT and Indigenous leaders equal decision-makers on land and resource management”, NNSL Media (3 December 2020), online: https://nnsl.com/yellowknifer/new-protocol-makes-gnwt-and-indigenous-leaders-equal-decision-makers-on-land-and-resource-management/.
[10] Ibid.
[11] Carleton University, “Rebuilding First Nations Governance”, online: https://carleton.ca/rfng/.
[12] Ibid.
[13] Archbishop Fred Hiltz, Rev Dr Stephen Farris, et al, “Response of the Churches to the Truth and Reconciliation Commission of Canada” (2 June 2015) , online (pdf): https://united-church.ca/sites/default/files/trc-churches-respond.pdf
[14] Canada, supra note 1.
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