In the following blog post, my colleagues Kate Gunn & Caitlin Stockwell provide an overview of Parks Canada’s new Indigenous Stewardship Policy and what it means for Indigenous Peoples’ law-making authority.

I hope you find it informative and helpful. You can also read it on our website. 

Best,  

Bruce 

Indigenous Self-Determination & Canada’s National Parks    By Kate Gunn & Caitlin StockwellNovember 28, 2024 For many Indigenous people, Canada’s national parks are synonymous with colonization.   In October, Parks Canada took an initial step towards addressing the longstanding relationship between colonization and national parks through its new Indigenous Stewardship Policy. Below, we consider the potential implications of the Policy for Indigenous Peoples seeking to implement their inherent law-making authority over their lands and waters. Colonization and National Parks   The establishment of national parks was premised on Canada’s unilateral assertion of control over Indigenous Peoples’ lands and resources. Parks were founded for the purposes of protecting and conserving ‘untouched’ ecosystems and wilderness – a dangerous premise grounded in racist legal fictions, including the doctrine of discovery and terra nullius, which served to justify the dispossession of Indigenous people from their lands and cultures.   In many cases, creating national parks went hand-in-hand with legislative and policy initiatives which removed Indigenous people from their homelands and criminalized traditional activities, including hunting and fishing, in the name of conservation. These serious, longstanding issues remain unresolved. The Indigenous Stewardship Policy   In 2024, Parks Canada committed as part of the federal United Nations Declaration on the Rights of Indigenous Peoples Action Plan to work with Indigenous Peoples to develop policy and regulatory options that recognize and support the implementation of Indigenous systems of law and governance in areas administered by Parks Canada.  The Policy, which was developed in collaboration with the Indigenous Stewardship Circle, is intended to advance these commitments by supporting collaborative stewardship initiatives between Parks Canada and Indigenous groups. The Policy applies to all areas that Parks Canada has a role in administering, including national historic sites, national parks and national marine conservation areas.  As part of the Policy, Parks Canada commits to addressing past wrongs associated with national parks, developing long-term, equitable relationships with Indigenous Peoples, and enhancing park visitors’ understanding of Indigenous Peoples’ historic and contemporary relationship to their lands and resources.  Parks Canada also commits to developing renewed approaches to the management of national parks based on shared governance arrangements which reflect Indigenous Peoples’ legal orders, rights, and stewardship responsibilities.  Why It’s Important The Policy has been met with mixed reviews. On the upside, it represents a tangible step towards moving beyond the colonial legacy of national parks, including by developing new governance arrangements which create meaningful space for Indigenous law-making authority.  However, as Indigenous groups have already noted, the Policy is silent on key issues, including the intergenerational impacts of the forced removal of Indigenous people from their territories, the imposition of fines and penalties for traditional harvesting activities, and Parks Canada’s ongoing assertion of jurisdictional authority over national parks.   The Policy fails to include a clear commitment by Parks Canada to amend federal laws and regulations which pose barriers to the development of consensus-based arrangements with Indigenous governments about the use and stewardship of national parks. The Policy also fails to include commitments to amend the Canada National Parks Act to affirm that the protection of Indigenous Peoples’ rights must underlie any decisions regarding the management of national parks. Looking Ahead The Policy provides an opportunity for Parks Canada to begin to untangle the deep-seated connection between environmental conservation and colonial processes which have historically been used to deny and suppress Indigenous Peoples’ law-making authority over their territories.  If this effort is to succeed, it must recognize the historic and contemporary role of parks as a tool of colonization. This includes acknowledging that the existence of national parks is premised on Canada’s assertion of control over lands which have always been used and cared for by Indigenous Peoples. It must also be grounded in recognition that Indigenous Peoples’ inherent laws survived colonization and continue to exist as a source of legal authority in their own right.

Kate Gunn is partner at First Peoples Law LLP. Kate completed her Master of Law at the University of British Columbia. Kate is co-author of Indigenous Peoples and the Law in Canada: Case Commentary. Contact Kate and connect with her on LinkedIn and Twitter Caitlin Stockwell is a lawyer at First Peoples Law LLP. First Peoples Law LLP is a law firm dedicated to defending and advancing the rights of Indigenous Peoples. We work exclusively with Indigenous Peoples to defend their inherent and constitutionally protected title, rights and Treaty rights, uphold their Indigenous laws and governance and ensure economic prosperity for their current and future generations. Chat with us For more First Peoples Law analysis, visit our blog  Sign up for our First Peoples Law Report