Whitecap Dakota Nation Self-Government Treaty

The Dakota/Lakota are the only prairie First Nations that are not parties to any of the numbered Treaties. They were not recognized by Canada based on the false idea that they were "American Indians."

There is now a Treaty between the Whitecap Dakota Nation and the government of Canada. It recognizes members of the Whitecap Dakota Nation as Aboriginal Peoples under the Canadian Constitution. It is a Treaty protected by the Constitution. It has been brought into effect by government legislation. 

There are many complex terms in this Treaty. Some of these will be discussed as examples of what can be in these Treaties. 

The Treaty recognizes the Nation’s right to deal with four main areas.

Government including:

• elections
• membership
• citizenship
• taxation 
• administration and enforcement of Whitecap Dakota laws

Reserve Land including:  

•  management of natural resources
• zoning
• providing services and setting service fees 
• building infrastructure 
• agriculture 
• hunting trapping and fishing 
• environment protection 
• property taxes 
• who can access reserve land
• who can hold reserve land 

Regulation including:

• licensing and regulation of businesses on the reserve
• economic development on the reserve

Programs and Services on reserve including: 

• child and family services 
• education
• health
• language
• culture programs 
• housing
• transportation 

The Nation can pass laws needed to exercise their authority. The laws are not bylaws under the Indian Act. They apply to anyone on the reserve. Some examples of laws that could be passed includes laws about:

• alcohol and other intoxicants on the reserve
• Wills and Estates
• property of minors
• landlords and tenants
• access to information and privacy
• gaming
• alternative dispute resolution and civil remedies
• penalties for breaking laws

• Only some sections of the Indian Act still apply. The section that makes property on a reserve exempt from taxation still applies. The section that prevents property on a reserve from being used to secure a loan and prevents seizure of property on the reserve still applies. 
• The power to pass laws does not include criminal law, navigation law, space law or intellectual property law.
• The Canadian Charter of Rights and Freedoms applies to laws made by Whitecap Dakota Nation. 
• Federal laws about human rights, health and safety continue to apply.
• If a Whitecap Dakota law conflicts with a federal law the federal law applies.
• If a Whitecap Dakota law conflicts with a provincial law, the law will apply if it is a law that applies across the province, and it does not conflict with the Treaty.