Why 3 First Nations leaders say talk about Canadian sovereignty should include Indigenous perspectives

CBC

24-03-2025

Mark Carney visited Nunavut on Tuesday on his first official trip as prime minister.
While there, Carney said, "Canada is strong when we recognize Indigenous Peoples as the original stewards of this land, who remind us of the deep roots from which we grow and underscore the values to which we aspire."
During the same visit, he announced military investments to strengthen Canada's presence and sovereignty in the Arctic.
Talk about Canadian sovereignty — in the context of threats by U.S. President Donald Trump — and questions about what this means for Indigenous sovereignty and reconciliation are what brought together a Thursday morning panel discussion with Indigenous leaders Kory Wilson, Melanie Mark and Val Napoleon on CBC's The Early Edition.
Recognizing Indigenous legal orders
"Indigenous sovereignty is the original sovereignty," said Wilson, the chair of the B.C. First Nations Justice Council.
"Sovereignty isn't about ownership and about sole determination. It's about working together, living together and allowing people to be self-determining … pursuing their own interests and working together to keep this country stronger and not the 51st state of the United States."
WATCH | Carney talks about strengthening Arctic security:
Carney announces Arctic security plans in Nunavut
6 days ago
Duration 2:03
While she says she appreciates the prime minister's comments, Wilson says she still thinks there are lessons to be learned about Indigenous ways of governance, culture, community and nationhood.
Napoleon, the founding director of the Indigenous Law Research Unit at the University of Victoria, prefers the term "restoring Indigenous legal order" to "sovereignty."
She says Indigenous legal order is foundational to civility and democracy and wonders what Canada would look like if Indigenous laws and institutions were rebuilt and operational in communities.
Christina Gray, a Ts'msyen and Dene lawyer at JFK Law in Victoria — who had her master's studies supervised by Napoleon — told CBC News that she thinks of Indigenous legal orders as another type of law, like Canadian law or international law.
"Under Canadian law, there's the civil code and common law, but there's also Indigenous law as well," she said.
Like Canadian law, Indigenous law is also a set of rules, customary practices and traditions, but Gray says that it's also a deliberative system.
"Indigenous laws don't necessarily have written legislation in the same way," she said. "We have to think about it in terms of written articulations of law, which exist, but also oral articulations of law, and the reasoning that goes behind [them]."
In B.C., Indigenous law has been used in shared decision-making between Indigenous nations and the provincial government, including land codes, self-governance agreements and restorative justice initiatives.
Working toward a more inclusive future
Former NDP MLA and CEO of Hli Haykwhl Ẃii Xsgaak Consulting, Melanie Mark, says she believes in a collaborative approach.
"I'm a proud Canadian. I love hearing 'elbows up' and that we've got a Team Canada approach, but we can't keep benching First Nations people in this conversation," she told the panel. "We need to be working with Indigenous leaders."
Having been the first First Nations woman to ever serve in cabinet, she says that governments have gotten it wrong by not properly consulting with Indigenous people.
"There's a cost to not consulting with Indigenous leaders. There's a cost to not working collaboratively," said Mark. She believes it needs to be deeper than "drive-by" consultations.
"And I think if we take a more collaborative approach, we're going to have a win-win for all Canadians — whether that's resource development, job creation, the list goes on, but we have to be working together, and time is of the essence."
An opportunity to change, together
Napoleon says the recent conversations about Canadian sovereignty have created an opportunity for additional conversations.
"We need to re-imagine Canada," she said. "The opportunity we have is to see what kind of country we could have if it was understood that everyone is important — and the foundation of this country has to include Indigenous peoples."
Wilson says it's a learning opportunity.
"Sometimes people think, well, if we include Indigenous people, then I'm not going to have this, or we're going to lose X, Y, and Z. There's no pie," said Wilson.
"If we don't do it together, it's not going to work … Let us put our people to work and help and support and move this country forward."