Treaty Federalism in Northern Canada: Aboriginal-Government Land Claims Boards

Abstract

Treaty federalism in North America encompasses not only governance implications of the historic treaties signed with Aboriginal peoples, but also the modern-day treaties known as “comprehensive land claim agreements.” This article explores how treaty federalism is realized in Northern Canada through claims-mandated joint government-Aboriginal boards dealing with wildlife management, land-use planning, and environmental protection. These boards, existing at the intersection of the three orders of government-national, federal/territorial, and Aboriginal—are found to be unique governance institutions, with substantial independence from government. They have significantly enhanced Aboriginal peoples' influence over land, wildlife, and resource decisions, but the extent to which they bring Aboriginal culture and worldviews to bear in decision-making remains an open question.