Tripartite Self-Government Negotiations

Federal participation in tripartite self-government negotiations for Métis and off-reserve Aboriginal people began in 1985, as part of a parallel track to the multilateral constitutional discussions on the  Aboriginal right to self-government.   These processes were known as the “community self-government arrangements” and the “tripartite self-government negotiations”.  The federal government affirmed that it is prepared to enter into negotiations with provinces and Métis and off-reserve Aboriginal groups residing off a land-base, which live south of the 60th parallel.

The federal government's commitment to this approach has been reaffirmed and strengthened with the release in August 1995 of the Federal Government's Approach to the Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government.

Recognizing the right of Aboriginal people to govern themselves reflects two essential principles of Canadian society:

1. self-government in various forms as basic elements of Canadian democracy; and
2. the unique place of Aboriginal people in Canadian society.

This recognition is critical to the support of a strong community base from which Aboriginal people will both contribute to, and benefit from, a renewed Canada.

In considering self-government for Métis and off-reserve Aboriginal people, the challenge is to arrive at self-government structures that adequately address their particular circumstances.  Only a small proportion of Métis and non-status Indian people reside on a land base.  The majority of Métis and non-status Indian people live off a land base, oftentimes in urban centres.  To move forward with representative organizations, there is a need to establish arrangements capable of dealing with the administrative realities of a constituency that may be distributed across a wide geographical area.

As a result, in establishing the tripartite process for Aboriginal peoples living off a land base, the federal government identified the following parameters:

• Government approval will be sought for new expenditures and major program/policy changes;
  
  
• The tripartite process is one of several policy discussions with the goal to improve socio-economic conditions of Métis and non-status Indian people; therefore, it is not a forum for negotiation of constitutional change, treaty and Aboriginal rights, and land claims;
  
  
• Land will only be discussed if it is deemed necessary and complimentary to the management of a federal program or service that is transferred to a Métis or non-land based Indian group;
  
  
• Arrangements must: conform to established principles, jurisdictions and institutions of governance in Canada including the Charter of Rights and Freedoms; contain provisions to establish the representation and accountability of institutions of governance; recognize and be congruent with the established jurisdictions of federal and provincial governments and provide for the recognition of the rights of redress of citizens.
  
  
• The federal government is willing to participate only in self-government negotiations that are fully supported and cost-shared by the respective provincial government.
  
  

The initial stage of tripartite negotiations typically involves the negotiation and signing of a process agreement, which sets out the organization and mandate of the process.

The agenda for tripartite negotiations is flexible and, depending on priorities identified together by the three parties, may include a wide-range of items including housing, economic development, health care, justice, social services, education, training, and language and culture.