The Assembly of First Nations is advocating for a mandatory requirement that Indigenous Canadians be formally consulted on all new foreign treaties. In a submission to the Senate foreign affairs committee, as reported by Blacklock's Reporter, the Assembly emphasized that First Nations have engaged in trade since time immemorial and hold an inherent right to self-determination, including policies and legislation that dictate their participation in international trade.
Submission to Senate Committee
The Assembly's submission stated that cabinet must engage directly with First Nations in the implementation of any future trade and investment agreement to ensure that the benefits of Canada's trade diversification reach First Nations communities. The call for mandatory consultation follows Parliament's passage of Bill C-13 on April 28, which implements the Protocol on the Accession of the United Kingdom to the Comprehensive Agreement for Trans-Pacific Partnership.
Obligation to Consult
According to the Assembly, Canada has an obligation to consult with First Nations before adopting and implementing legislation that impacts First Nations people, lands, territories, and other resources. The submission further noted that new international trade and investment agreements present an opportunity to support First Nations economic inclusion and self-determination.
Historical Context
Parliament has never mandated First Nations' approval of foreign treaties. However, a 2017 report from the Senate foreign affairs committee recommended that cabinet itemize costs and benefits related to individual trade pacts. Senator Percy Downe, then vice-chair of the committee, criticized the current process, stating that the government announces negotiations with a country, and a year or two later presents an agreement that is essentially take it or leave it, with no room for changes. He noted that various groups claim they were consulted in a general sense but lacked specific knowledge, leaving them boxed in.
