Inherent Rights

Indigenous Peoples have Inherent Rights because they were here, in what is now Canada, living in societies and governing themselves long before colonizers came to this land.

These well-developed societies had their own land bases, customs, political organizations, economic and trade systems, health care and education systems, languages and spiritual beliefs. 

Indigenous Peoples in what is now Canada include First Nations, Inuit and Métis Peoples. Métis communities developed after settlers first arrived but before the colonizers controlled the places they inhabited. They also have Inherent Rights based on their own practices, customs and traditions. They are included in the term original inhabitants as used on this website.

Colonizers coming to Canada did not and could not end these Inherent Rights. The laws of the newcomers themselves recognized the rights of the original inhabitants. They recognized the original inhabitants as having Aboriginal Rights and these were later made part of the Canadian Constitution. The colonizers understood that they could not just take land that belonged to other Peoples.             

Although recognized by Canadian law, Inherent Rights do not come from Canadian law.     

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

United Nations Declaration on the Rights of Indigenous Peoples

Inherent Rights of Indigenous Peoples include:

  • right to their Traditional Territories
  • right to the resources of their Traditional Territories (hunting, fishing, trapping, harvesting and other resources of the land such as water and clean air)
  • right to continue cultural and social practices and live by their own values
  • right to engage freely in all their traditional and other economic activities
  • right to establish and control their own educational systems
  • language rights
  • right to their traditional medicines, to maintain their health practices and to access healthcare
  • right to self-government, including the right to control who is a member

The federal government recognizes that Indigenous Peoples have an inherent Right to self-government. This has led to the government negotiating Self-Government Treaties with Indigenous communities. 

The Government of Canada recognizes that all relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government.

Principles Respecting the Government of Canada's Relationship with Indigenous Peoples, Department of Justice Canada

Self-government negotiations might include the following topics:

  • governance structures, internal constitutions, elections, and leadership selection processes
  • membership
  • marriage
  • adoption and child welfare
  • language, culture and religion
  • education
  • health
  • social services
  • administration/enforcement of local government laws, including creating courts or tribunals
  • policing
  • property rights, including Wills and Estates
How helpful was this article?
Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

Cree Nisga'a Clothing

The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.