Order Fixing September 1, 2023 as the Day the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act Comes into Force: SI/2023-55

Canada Gazette, Part II, Volume 157, Number 17

Registration
SI/2023-55 August 16, 2023

SELF-GOVERNMENT TREATY RECOGNIZING THE WHITECAP DAKOTA NATION / WAPAHA SKA DAKOTA OYATE ACT

Order Fixing September 1, 2023 as the Day the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act Comes into Force

P.C. 2023-803 August 4, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of Crown-Indigenous Relations, under section 25 of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act, chapter 22 of the Statutes of Canada, 2023, fixes September 1, 2023 as the day on which the Act comes into force, other than section 16, which came into force on assent.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order fixes September 1, 2023, as the day the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act (the Act) comes into force, other than section 16, which came into force on assent.

Objective

The objective of the Order is to fix a date for the coming into force of the Act, other than section 16, which came into force on assent. The Act gives effect to the Governance Treaty between Whitecap Dakota First Nation (Whitecap Dakota) and His Majesty in right of Canada (Canada). This establishes the Whitecap Dakota Nation as a self-governing entity, with jurisdiction and authority over a broad range of matters related to the community’s governance and administration, reserve lands, membership, and programs and services. The Governance Treaty also affirms Whitecap Dakota’s inherent right of self-government as a right under section 35 of the Constitution Act, 1982.

Background

Since 2009, Canada and Whitecap Dakota have worked in partnership to complete a comprehensive self-governance treaty that is responsive to the community’s expressed desire to move out from under the Indian Act. The Governance Treaty recognizes the Whitecap Dakota Nation as a self-governing entity and its jurisdiction related to core governance; membership; language and culture; lands management; emergencies, public order, peace and safety; taxation; environment; resource management; agriculture; public works and infrastructure; local traffic and transportation; wills and estates; education; health; licensing, regulation and operation of businesses and economic development; alcohol, gaming and intoxicants; landlord and tenant matters; and the administration and enforcement of Whitecap Dakota laws. The Governance Treaty will affirm Whitecap Dakota’s inherent right of self-government and establish a new government-to-government relationship and practical mechanisms for intergovernmental cooperation.

The Governance Treaty is a bilateral agreement between Canada and Whitecap Dakota, but complements existing agreements between Whitecap Dakota and the Government of Saskatchewan. Although the Government of Saskatchewan is not a party to the Governance Treaty, it has attended several meetings regarding the self-governance negotiations as an observer. The Governance Treaty does not address Whitecap Dakota jurisdiction or authority in areas of provincial jurisdiction. As such, provincial laws continue to apply in the same manner and to the same extent as they did before the Governance Treaty comes into effect.

Discussions between Canada and Whitecap Dakota have been highly productive and culminated with the initialling of the Governance Treaty in April 2023. Following the conclusion of the negotiations, the Governance Treaty was approved by the Whitecap Dakota membership on April 27, 2023. The Governance Treaty was signed by Canada and Whitecap Dakota on May 2, 2023. The Act was introduced in Parliament to give effect to the Governance Treaty on June 16, 2023.

The Act received royal assent on June 22, 2023. Section 16 of the Act sets out that Chapter 33 and Schedule B of the Governance Treaty have retroactive effect as of August 22, 2022. Chapter 33 refers to the community approval process of the Governance Treaty and Schedule B is the ratification process. The Act gives effect to those processes on the date that the community approval process began (August 22, 2022). The remaining sections of the Act will come into force on September 1, 2023, which give effect to the law-making powers and jurisdictions of the Whitecap Dakota Nation, as outlined in the Governance Treaty.

Implications

This Governance Treaty will mark the first stand-alone self-government treaty with a First Nation in Saskatchewan, serving as a model for the region and beyond.

Under the Governance Treaty, Whitecap Dakota will be recognized as a self-governing First Nation within the framework of the Canadian Constitution.

This Order makes it clear when the remaining provisions of the Governance Treaty come into force.

There are no implications associated with the Governance Treaty beyond the obligations that have been set out in the Governance Treaty.

Consultation

Whitecap Dakota leadership regularly engaged community members throughout self-governance negotiations through various information sessions and communication methods. Extensive community consultations were also undertaken in the engagement period leading up to the community approval vote and subsequent amendments prior to the signing of the Governance Treaty.

Canada and Whitecap Dakota have agreed to an effective date of September 1, 2023, as the day on which the Governance Treaty comes into force, other than Chapter 33 and Schedule B, which came into force in August 2022.

Contact

For more information, please contact

Aayah Shadad
Federal Negotiations Manager
Negotiations Central Branch
Crown-Indigenous Relations and Northern Affairs
Telephone: 819‑639‑2885
Email: aayah.shadad@rcaanc-cirnac.gc.ca