[November 11, 2025] Recent Strides in Indigenous Rights in Canada: Toward Reconciliation and Sovereignty
Canada has witnessed a series of significant developments in Indigenous Peoples’ rights over the past year. From historic political firsts to court rulings, policy shifts, and grassroots movements, these changes highlight Canada’s ongoing journey toward reconciliation, decolonization, and Indigenous sovereignty. Below, we examine key events and initiatives—exploring how they reflect broader political themes and the evolving relationship between Indigenous nations and the Canadian state.
One landmark event was the election of Wab Kinew as Premier of Manitoba in October 2023—the first First Nations person to lead a provincial government in Canadatheguardian.comtheguardian.com. Kinew’s victory marked a historic moment for Indigenous representation, inspiring hopes that Indigenous perspectives will be more strongly reflected in policymaking. In his victory speech, Kinew spoke directly to Indigenous youth about overcoming systemic barriers and pledged to create opportunities so “they can turn their lives around”theguardian.com. His premiership not only broke barriers but also signaled a commitment to address longstanding issues affecting Indigenous communities. Notably, the election campaign itself put Indigenous rights front and center: the outgoing government’s refusal to search a landfill for the remains of two murdered Indigenous women became a contentious issue, featured in controversial campaign adstheguardian.com. Kinew had campaigned on a promise to support the search, aligning with the calls of victims’ families. His NDP government, upon taking office, promptly worked with federal partners to fund and launch the landfill search, a move widely seen as an act of justice and reconciliation. “The effort itself is a microcosm of where we’re at as a country… people from different walks of life coming together to try to do the right thing for these families,” Kinew reflected as remains were finally found in 2025theguardian.com. This shift in Manitoba illustrates how Indigenous-led leadership can translate reconciliation rhetoric into concrete action, addressing past injustices (in this case, the national tragedy of missing and murdered Indigenous women and girls) and attempting to heal community trust.
The impact of Indigenous leadership has also been symbolic on a national level. Although not within the last year, it is noteworthy that Canada’s Governor General since 2021, Mary Simon, is an Inuk leader—another significant first. Together with Premier Kinew’s recent win, these milestones reflect a gradual decolonization of Canadian political institutions. Indigenous leaders in high office help forge nation-to-nation relationships from within government, challenging colonial norms. They embody a form of representation that can build bridges between Indigenous and non-Indigenous Canadians, aligning with political theories of inclusive governance and recognition of diverse identities. In practice, their leadership priorities—such as Kinew’s focus on healthcare, affordability, and addressing Indigenous issues—underscore reconciliation principles: acknowledging historical wrongs and working to close gaps in social outcomes. While these individual achievements don’t erase systemic inequities, they do provide hopeful examples of change. As former Premier Heather Stefanson grudgingly acknowledged in conceding to Kinew, “I hope that your win tonight inspires a future generation of Indigenous youth to get involved in our democratic process… across the country.”theguardian.com. Indeed, increased Indigenous participation and leadership in mainstream politics is a key step toward a more reconciled and representative polity.
Beyond electoral politics, the past year saw significant legal and treaty developments strengthening Indigenous rights and self-determination. A highlight was the Supreme Court of Canada’s February 2024 decision on Indigenous child welfare. The Court upheld An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (2019) as constitutional, affirming that Indigenous peoples hold an inherent right to self-government in matters of child and family servicesyellowheadinstitute.org. In practical terms, this means Indigenous communities can create and enforce their own child welfare laws, and provincial governments must respect that jurisdictionyellowheadinstitute.org. The ruling was celebrated as a major victory for Indigenous sovereignty, as it explicitly recognized self-governance as a right protected by Canada’s Constitution (section 35). It allows First Nations to reclaim authority over protecting their children—a vital step given the devastating legacy of residential schools and the Sixties Scoop. The decision also reflects the broader theme of decolonization: it begins to dismantle colonial child welfare systems by empowering Indigenous nations to care for their members according to their own laws and traditions. Still, the Court noted that coordination and funding agreements will be needed to make this a realityyellowheadinstitute.orgyellowheadinstitute.org, indicating that true sovereignty will require ongoing negotiation and resources. Nevertheless, the legal precedent is set—Indigenous law now has clearer space to operate alongside Canadian law, and governments “will likely be required to comply” with Indigenous jurisdiction in this areayellowheadinstitute.org.
Another landmark came through negotiations rather than litigation. In April 2024, the government of British Columbia and the Haida Nation reached a historic agreement acknowledging Haida title to Haida Gwaii. Under the “Gaayhllxid Rising Tide” Haida Title Lands Agreement, B.C. formally recognized Haida ownership of all lands on Haida Gwaiihakaimagazine.com. This is unprecedented: it marks the first time a Canadian government has recognized Indigenous title to an entire traditional territory outside of a court ruling, breaking from a long history of denying or litigating Aboriginal title. The agreement is the fruit of over 20 years of Haida advocacy and negotiations, and it represents a new model of reconciliation through consent-based agreements. By affirming Haida sovereignty over 10,000 square kilometers of islands (something the Haida have never ceded by treaty), the deal exemplifies decolonization in action – it transfers decision-making power and land ownership back to the Indigenous nation. Indigenous legal scholars hailed it as “groundbreaking”, noting that while courts like the Supreme Court in Tsilhqot’in (2014) have recognized title in specific areas, no prior recognition has covered an entire territory this wayhakaimagazine.comhakaimagazine.com. This negotiated approach aligns with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) principle of obtaining Indigenous peoples’ free, prior, and informed consent for use of their lands. It also resonates with political theories of shared sovereignty and plurinationalism: rather than a single sovereign, Canada and the Haida Nation are effectively agreeing to co-govern Haida Gwaii, respecting both Canadian and Haida law on the islands. For the Haida, who have long asserted that “Haida law is the law of the land” on Haida Gwaii, this is a monumental stride toward self-determination and healing of colonial wounds.
In the Prairies, a different but related breakthrough took place. In mid-2023, Canada and the Whitecap Dakota Nation signed a Self-Government Treaty that was later given effect by federal legislationgowlingwlg.comcanlii.org. This modern treaty formally recognizes the Dakota people of Whitecap as an Aboriginal people of Canada and affirms their inherent right to self-government under the Constitutioncanada.ca. It is a first-of-its-kind agreement in Saskatchewan, moving the community out from under the outdated Indian Act framework. The treaty gives Whitecap Dakota Nation jurisdiction over governance matters on their lands—covering areas like land management, education, health, and cultural practicescanada.ca. In essence, Canada has acknowledged Whitecap’s sovereignty in these domains, embodying the nation-to-nation relationship often spoken of in theory. Chief Darcy Bear of Whitecap Dakota Nation called the treaty “history together to better the lives of generations to come,” noting it “affirms our place…with constitutional protections” and equips Whitecap with the tools to build their nationcanada.cacanada.ca. This development reflects the broader theme of self-determination: Indigenous nations are increasingly using negotiations to carve out autonomous space within Canada’s constitutional order. Such treaties, alongside court victories, signal incremental decolonization of Canadian law – slowly replacing colonial impositions with agreements based on recognition of rights.
It should be noted that not all recent legal developments have been positive from an Indigenous rights perspective. Some provincial initiatives have sparked concern or outright opposition from Indigenous leaders. For instance, Alberta’s “Sovereignty Act” (late 2022) and Saskatchewan’s “Saskatchewan First Act” (2023) were aimed at asserting provincial autonomy over natural resources and limiting federal power. Indigenous nations widely denounced these laws as unconstitutional and contrary to treaty obligations, criticizing the lack of consultation and the potential infringement on Indigenous rightsfirstpeopleslaw.com. The Federation of Sovereign Indigenous Nations (FSIN) in Saskatchewan argued that the province cannot simply ignore the spirit and intent of Treaties which affirm shared jurisdiction. These flashpoints underscore an ongoing tension: while Indigenous sovereignty gains legal ground, some settler governments continue to reassert their own sovereignty in ways that may sideline Indigenous rights. This dynamic reflects the broader theoretical debate between unitary sovereignty (the colonial notion of one supreme authority) and divided sovereignty (the idea that multiple authorities – Indigenous, federal, provincial – must share space under constitutional reconciliation). The hope is that dialogue and court guidance (like the Supreme Court’s emphasis on honoring treaties and Indigenous jurisdiction) will resolve these conflicts in favor of upholding Indigenous rights. Overall, the past year’s legal trends have bent toward recognizing Indigenous sovereignty, even if challenges remain from pockets of resistance.
At the policy level, the Canadian government has introduced and expanded several measures to advance reconciliation and address Indigenous rights. In June 2023, Canada released its first UNDRIP Action Plan, a comprehensive roadmap with 181 measures to implement the United Nations Declaration on the Rights of Indigenous Peoples at the federal levelrcaanc-cirnac.gc.ca. This Action Plan was co-developed with First Nations, Inuit, and Métis partners and lays out concrete steps over a five-year horizon to align Canada’s laws and policies with Indigenous rights. Measures range from reforming child welfare and policing, to promoting Indigenous languages, to ensuring free, prior, and informed consent in resource projectsrcaanc-cirnac.gc.carcaanc-cirnac.gc.ca. The UNDRIP Action Plan explicitly frames itself as part of Canada’s reconciliation journey, aiming to “advance lasting reconciliation in a tangible way” by implementing Indigenous rightsrcaanc-cirnac.gc.ca. This is a significant policy shift: less than a decade ago, UNDRIP was seen by Canadian officials as merely aspirational, but now it is being used as a framework for revising legislation and guiding government action. For political theory, this exemplifies institutional decolonization — Canada is attempting to reform its legal architecture to dismantle colonial structures and uphold Indigenous peoples’ inherent rights.
Complementing the UNDRIP plan, in April 2024 Parliament established the National Council for Reconciliation, an independent, Indigenous-led body mandated to monitor and report on reconciliation effortscanada.cacanada.ca. This fulfills a key call of the Truth and Reconciliation Commission (Call to Action #53). The council will track progress on closing socioeconomic gaps, implementing TRC Calls to Action and UNDRIP commitments, and generally hold the government accountable for reconciliation promisescanada.cacanada.ca. The National Council for Reconciliation Act received Royal Assent in April 2024, signifying a policy shift toward transparency and Indigenous oversight in the reconciliation processcanada.ca. Gary Anandasangaree, the Minister of Crown–Indigenous Relations, noted that the Council will “hold our feet to the fire as we continue to walk the path of reconciliation… The road ahead requires hard work from all levels of government, businesses, civil society, and more”canada.ca. In political theory terms, this initiative reflects restorative justice and institutional accountability: Canada is creating mechanisms for Indigenous voices to evaluate colonial systems and guide reforms. It also resonates with the concept of deliberative democracy – ensuring that those affected (Indigenous peoples) have a permanent voice in evaluating policies and recommending changes, rather than reconciliation being a top-down governmental project.
Federal policy has also focused on repairing specific harms. In 2023, the government reached a landmark $23 billion settlement to compensate First Nations children and families harmed by discriminatory underfunding in the child welfare systemictj.orgbcafn.ca. By July 2023, the Canadian Human Rights Tribunal confirmed a revised settlement agreement, clearing the way for compensation to tens of thousands of victims of the on-reserve child welfare systemfnchildcompensation.cabcafn.ca. Moreover, in July 2024 Canada committed nearly $48 billion over the next decade to reform First Nations child and family services, more than doubling the investment promised a few years earlierculturalsurvival.org. These moves address, in part, the legacy of what the TRC labeled “cultural genocide” through the removal of Indigenous children from their communities. They illustrate the reconciliation theme of reparative action: not only apologizing for past wrongs but making material amends and preventing future harm through systemic change. While enormous challenges remain in areas like education, health, and clean water access, such funding and policy changes signal incremental progress toward the TRC’s Calls to Action. They also show a willingness to acknowledge Indigenous sovereignty in social policy – i.e., supporting communities to take charge of their child welfare systems in accordance with their values, backed by federal resources (a concrete application of the principle of self-determination).
At the provincial and territorial level, the picture has been mixed but there were notable positive shifts. British Columbia continued to lead in implementing UNDRIP provincially. Since enacting its Declaration on the Rights of Indigenous Peoples Act in 2019, B.C. has been amending laws to align with UNDRIP and signing agreements that give Indigenous nations shared decision-making powerjustice.gc.cajustice.gc.ca. In 2022, B.C. launched a five-year action plan under that Act and has made “steady progress” on goals like supporting Indigenous self-government, ending anti-Indigenous racism, and improving well-beingjustice.gc.ca. For example, provincial laws were changed to recognize First Nations jurisdiction in education and child welfare, and an Anti-Racism Data Act was passed to tackle systemic discriminationjustice.gc.ca. These are concrete examples of decolonizing provincial policy by embedding Indigenous rights into legislation. Meanwhile, in October 2023 the Northwest Territories (NWT) became the second jurisdiction in Canada (after B.C.) to pass legislation implementing UNDRIPjustice.gc.ca. The NWT’s UNDRIP Implementation Act, co-developed with Indigenous governments, requires that every new territorial bill come with a statement on its consistency with UNDRIPjustice.gc.ca. It also sets up a process to review and revise existing laws in partnership with Indigenous peoplesjustice.gc.ca. Given NWT’s unique governance (a consensus government with significant Indigenous representation), this move further institutionalizes Indigenous participation and consent in law-making. It exemplifies reconciliation through co-governance: Indigenous and public governments working “shoulder-to-shoulder” on decisions, as envisioned in UNDRIP’s principles.
On the other hand, as mentioned, provinces like Alberta and Saskatchewan took steps seemingly at odds with reconciliation, passing laws asserting provincial sovereignty without adequately consulting Indigenous nationsfirstpeopleslaw.com. Indigenous critics argue these laws ignore the spirit of Treaties, which established a relationship of shared stewardship over the land. Such tensions reveal that reconciliation is a work in progress and not all political actors embrace decolonization at the same pace. Still, even in these provinces, Indigenous advocacy has forced engagement. For instance, after strong opposition from First Nations, Saskatchewan did add a clause to its Act stating it does not abrogate Treaty rightspubsaskdev.blob.core.windows.net, though many saw this as insufficient. Overall, the trend in the past year has been increased adoption of reconciliation-focused policies, especially at the federal level, balanced against some pushback. This dynamic interplay—forward movement, counter-current, negotiation—highlights a key theme in political theory: contested sovereignty. Who gets to decide policy on Indigenous lands—Indigenous nations, federal government, or provinces? The answer is gradually shifting toward a more shared model, but not without friction. Reconciliation, in practice, must navigate these complex federalist and constitutional waters.
Amidst political and legal changes, Indigenous-led grassroots movements have continued to play a crucial role in advancing rights and holding governments accountable. One of the most prominent advocacy efforts in the past year has been the fight for justice for Missing and Murdered Indigenous Women and Girls (MMIWG), exemplified by the campaign to search Winnipeg-area landfills for the remains of Indigenous women. Throughout 2023, families and community leaders of victims like Morgan Harris and Marcedes Myran led protests, established protest camps, and demanded that authorities recover their loved ones from the Prairie Green landfill despite earlier refusals. They hung red dresses (the symbol of MMIWG awareness) at the landfill and rallied under the banner “Search the Landfills”, turning grief into a powerful call for actionwashingtonpost.comwashingtonpost.com. This advocacy forced the issue onto the national stage, with Cambria Harris (Morgan’s daughter) even meeting Prime Minister Trudeau to press for a search, bluntly telling him, “these women need to be found, and they need to come home.”theguardian.com The persistence of Indigenous women and allies ultimately led to a dramatic U-turn by Manitoba’s government: what began as a grassroots outcry culminated in a fully funded search effort launched in late 2023 under Premier Kinew’s new administrationtheguardian.com. By March 2025, the remains of Harris and Myran were found and identifiedtheguardian.comtheguardian.com. Although bittersweet, this outcome stands as a testament to Indigenous-led advocacy: it was community pressure—not initial government will—that spurred officials to act in the name of basic human dignity.
The landfill search campaign also reflects broader themes of reconciliation and decolonization. First, it highlighted the deep trust deficit that still exists—families had to battle governmental indifference that they felt betrayed Canada’s pledges to reconcile and address violence against Indigenous womenwashingtonpost.com. The fact that such a search was even in question points to systemic racism and the “heartless” disregard (as one federal minister called ittheguardian.com) often faced by Indigenous communities. In political theory terms, this speaks to the concept of structural violence and the need for restorative justice. The eventual decision to search, involving Indigenous forensic technicians and elders, can be seen as a small act of decolonizing an institutional mindset that had deemed Indigenous lives as expendable. It forced authorities to value Indigenous women’s lives equally and to fulfill their duty to care. The solidarity shown by First Nations leaders, such as the Assembly of Manitoba Chiefs, who condemned the earlier inaction, also emphasizes Indigenous political agency in demanding systemic changewashingtonpost.comwashingtonpost.com. Moreover, the success of this advocacy (though long overdue) may set a precedent: it sends a message that Indigenous voices can and should direct government action on issues that affect them, a principle at the heart of self-determination.
Another ongoing movement is Land Back, a rallying cry for returning Indigenous lands and jurisdiction to their original stewards. Over the last year, Land Back has manifested both in continued activism and in policy shifts that echo its goals. For example, Indigenous youth and land defenders across the country have engaged in protests and land occupation to stop unwanted development on their territories—whether it be pipeline routes, old-growth forest logging (as seen in the Fairy Creek blockades in B.C.), or urban development on sacred sites. While some of those flashpoints occurred in earlier years, the spirit remains strong: the Land Back movement has broadened conversations about land ownership, treaties, and restitution. Not all Land Back efforts involve confrontation; some involve negotiation and collaboration. We saw this in the aforementioned Haida Gwaii agreement, which in effect is a land-back deal through diplomacy rather than protest. Another example is a land transfer in January 2023 where British Columbia, under a reconciliation agreement, returned over 20,000 hectares of Crown land to the Lake Babine Nation, along with forestry rights and fundingindigenouswatchdog.orgcanadacommons.ca. Such transfers give practical effect to the notion that Indigenous Nations never surrendered their lands and have a right to regain control for the benefit of their communities. Each instance of land being handed back or co-managed is a concrete step toward undoing the legacy of land dispossession – a core aspect of decolonization.
In addition to specific land transfers, there is a trend toward Indigenous stewardship of traditional territories, even within existing park or conservation frameworks. In late 2024, Parks Canada launched a new Indigenous Stewardship Policy to share management of national parks and historic sites with Indigenous nationscanada.cacanada.ca. The policy was co-developed with Indigenous leaders and commits Parks Canada to work as equal partners with First Nations, Inuit, and Métis in caring for protected lands and waters. It enshrines principles like respect for Indigenous rights, integration of Indigenous knowledge, and co-management of park landscanada.cacanada.ca. The goal is to have dozens of heritage sites operating under partnership or Indigenous leadership by 2026indigenouswatchdog.org. This aligns with Land Back philosophy in that it returns authority (if not outright title) to Indigenous peoples over places of cultural and ecological importance. It also speaks to sovereignty and reconciliation: recognizing that Indigenous Peoples are the original guardians of these lands and that honoring their stewardship benefits all Canadians. Political theorists might view this as an example of shared sovereignty in practice (the state and Indigenous nations jointly governing spaces) and a move toward ecological reconciliation—healing relationships with the land through Indigenous stewardship values.
Collectively, Indigenous-led movements and advocacy over the past year demonstrate the power of civil society in pushing the envelope on rights. They show that reconciliation is not just a top-down policy project but a bottom-up social movement. Concepts like “Nothing about us without us” and Indigenous sovereignty are being asserted on the streets and in blockades, not only in courtrooms or parliament. The result is often a forcing of dialogue and change: governments are compelled to respond, whether by negotiating agreements, as in the Haida case, or by reversing policy decisions, as in Manitoba’s landfill search. These movements also constantly remind the public of the human dimensions of abstract principles. Reconciliation and decolonization are not merely academic ideas; they are seen in a mother’s tears for her lost daughter, in youth holding banners reading “Land Back,” and in elders leading prayer circles at protest sites. The past year’s activism has made plain that true reconciliation requires justice (for past and ongoing wrongs) and the rebalancing of power (returning lands and decision-making to Indigenous peoples). In essence, the grassroots level is where ideals of sovereignty and healing are given life, and where broader Canadian society is asked to confront uncomfortable truths and act on high-minded promises.
The recent developments in Indigenous rights in Canada paint a complex but hopeful picture. Politically, the ascension of Indigenous leaders and the responsiveness of some governments to Indigenous issues suggest a slow shift toward the recognition of Indigenous Peoples as equal partners in the federation. Legally, court decisions and new treaties have fortified the foundation of Indigenous sovereignty within Canadian law, moving the country closer to honoring the original nation-to-nation agreements that formed Canada (the historic Numbered Treaties and others). Policy-wise, Canada is beginning to reorient its laws and institutions to respect Indigenous rights (through UNDRIP implementation and reconciliation councils), an exercise in transformative change that political theorists might compare to rewriting the social contract in a multi-nation state.
Each of these changes reflects broader themes in political theory and Indigenous thought: Reconciliation in Canada is fundamentally about healing relationships damaged by colonization, which requires truth-telling, justice, and structural change. Decolonization is evident in efforts to transfer power back to Indigenous governments, to revitalize Indigenous languages and laws, and to uproot colonial doctrines (as even the Pope did in 2023 by repudiating the Doctrine of Discoveryfirstpeopleslaw.com). And sovereignty – perhaps the clearest through-line – is what Indigenous communities have persistently fought for and incrementally gained, whether sovereignty exercised within Canadian federalism (self-governing First Nations, autonomous service delivery) or the deeper sovereignty of maintaining one’s cultural and legal systems on the land. We see an ongoing negotiation between Indigenous and settler visions of sovereignty: Canada’s challenge is to move from a colonial paradigm to one of co-sovereignty or partnership, as envisioned in both treaties and modern political theory about pluralism.
It is important to acknowledge that for many Indigenous peoples, these developments are just a starting point on a much longer journey. Land returns of a few thousand hectares, or new advisory councils, while positive, do not overnight resolve issues like poverty, intergenerational trauma, or the climate and resource crises affecting many Indigenous territories. Critics point out that government action can be slow and uneven – for instance, progress on the Truth and Reconciliation Commission’s 94 Calls to Action has been measured and often frustrating, with an independent report card in 2024 noting that many calls remain unfulfilledafn.bynder.comcanada.ca. Moreover, some actions can feel symbolic unless followed by concrete outcomes (an apology is meaningful, but funding and reform must follow). Thus, while celebrating advances, Indigenous leaders and allies continue to press for full implementation of promises like UNDRIP, and for respect of Indigenous rights at every level of decision-making.
In summary, the past year in Indigenous rights in Canada has been marked by meaningful milestones that underscore a gradual but perceptible shift: the country is inching toward the ideals of reconciliation and Indigenous sovereignty, pushed forward by Indigenous advocacy and, at times, enlightened political leadership. Each legal victory, policy change, or grassroots triumph contributes to the decolonization of Canada’s political landscape. For students of political science, these developments offer rich case studies in how enduring colonial structures can be challenged and reshaped through law, politics, and social action. They demonstrate the application of political theory in real time – whether it’s the notion of consent of the governed (through UNDRIP’s consent provisions), theories of justice (rectifying historic injustices via settlements and apologies), or the reconceptualization of sovereignty in a multi-nation state. The road ahead will require continued dedication and perhaps radical rethinking (for example, how might resource governance or constitutional arrangements evolve to truly share power with Indigenous nations?). Yet, as evidenced by the events of the last year, Indigenous Peoples in Canada are not passive in this process; they are leading it. And increasingly, non-Indigenous Canadians and institutions are recognizing that the path to a just future lies in embracing the principles of reconciliation, supporting Indigenous self-determination, and learning from the resilience and leadership of Indigenous communities. The story of Indigenous rights in Canada is still being written, but the latest chapter suggests that change, long demanded, is indeed taking root in the political fabric of the country.
Sources:
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