Aboriginal Affairs and Northern Development Canada

Aboriginal Affairs and Northern Development Canada
SimonP at English Wikipedia · CC BY-SA 3.0 · source
Name	Aboriginal Affairs and Northern Development Canada
Formed	1966
Preceding1	Department of Indian Affairs and Northern Development
Dissolved	2017
Superseding	Department of Indigenous Services (Canada), Department of Crown–Indigenous Relations and Northern Affairs (Canada)
Jurisdiction	Canada
Headquarters	Ottawa

Aboriginal Affairs and Northern Development Canada was a Canadian federal department responsible for policies, programs, and services relating to Indigenous peoples, First Nations, Inuit and the Yukon, Northwest Territories and Nunavut, operating from the late 20th century into the early 21st century. It evolved from earlier instruments such as the Department of Indian Affairs and Northern Development and interacted with institutions including the Parliament of Canada, the Supreme Court of Canada, Indigenous organizations like the Assembly of First Nations and the Inuit Tapiriit Kanatami, and international fora such as the United Nations.

History

The department's origins trace to 19th-century entities including the Indian Department (Upper Canada) and later the Department of Indian Affairs (Canada), with major reorganizations reflected in statutes such as the Indian Act and political milestones like the Constitution Act, 1982; key events included the creation of the Territorial Evolution of Canada institutions, court rulings such as R. v. Sparrow, and policy shifts during administrations of prime ministers including Pierre Trudeau and Stephen Harper. During the 1960s and 1970s the department responded to reports and movements including the Royal Commission on Aboriginal Peoples and the White Paper (1969), engaging with leaders such as Harold Cardinal and organizations like the National Indian Brotherhood. In the 1990s and 2000s it implemented programs influenced by jurisprudence from cases like Delgamuukw v British Columbia and negotiated agreements including the Nunavut Land Claims Agreement and modern treaties such as the James Bay and Northern Quebec Agreement.

Mandate and Responsibilities

The department's mandate encompassed land and resource stewardship linked to instruments like the Indian Act, oversight related to reserve lands under decisions such as Calder v British Columbia (Attorney General), administration of funding mechanisms connected to the Treaty of Ghent lineage, and service delivery intersecting with policy frameworks from entities including the World Bank and legal standards set by the Canadian Charter of Rights and Freedoms. It coordinated with provincial bodies such as Ontario, Quebec, and territorial governments including Yukon and Nunavut, and collaborated with Indigenous governance structures such as band councils, the Métis National Council, and regional organizations like the Nunavut Tunngavik Incorporated.

Organizational Structure

The department was organized into branches and regions analogous to structures in other federal departments like Fisheries and Oceans Canada and Natural Resources Canada, featuring regional offices in capitals such as Whitehorse, Yellowknife, and Iqaluit, program divisions paralleling units in Health Canada and Employment and Social Development Canada, and a senior executive cadre interacting with ministers appointed through the King-in-Council. It engaged with Crown corporations such as the Canada Mortgage and Housing Corporation on housing initiatives and consulted legal advisors influenced by precedents from the Supreme Court of Canada and statutes enacted by the Parliament of Canada.

Programs and Services

Program delivery covered housing initiatives linked to providers like Canada Mortgage and Housing Corporation, education supports collaborating with institutions such as Indigenous and Northern Affairs''' universities and regional school authorities, infrastructure funding akin to projects overseen by Infrastructure Canada, and economic development programs engaging entities like the Atlantic Canada Opportunities Agency and Prairies Economic Development Canada. Health and social services interfaced with Health Canada programs and were affected by rulings such as R. v. Gladstone and agreements like the Moorhouse Treaties; land claims and treaty implementation involved negotiations comparable to the Nisga'a Final Agreement and coordination with the Department of Justice (Canada).

Policy and Legislation

Key legislative instruments and policy frameworks included the Indian Act, constitutional provisions from the Constitution Act, 1867 and the Constitution Act, 1982 (including Section 35 of the Constitution Act, 1982), statutes enacted by the Parliament of Canada, and directives affected by decisions of the Supreme Court of Canada such as Tsilhqot'in Nation v British Columbia. Policy initiatives referenced recommendations from commissions like the Royal Commission on Aboriginal Peoples and directives following international instruments including the United Nations Declaration on the Rights of Indigenous Peoples.

Controversies and Criticism

The department faced criticism over implementation of the Indian Act, management of reserve lands spotlighted by disputes like Calder v British Columbia (Attorney General), handling of child welfare cases comparable to issues in the Sixties Scoop, funding levels contested by groups including the Assembly of First Nations, and litigation outcomes such as those in Delgamuukw v British Columbia and R. v. Sparrow that challenged its policies. Critiques came from Indigenous leaders such as Shirley Collie and activists aligned with movements like Idle No More, and from inquiries into incidents analogous to the Truth and Reconciliation Commission of Canada.

Legacy and Successor Agencies

The department's functions were restructured into successor entities including the Department of Indigenous Services (Canada) and the Department of Crown–Indigenous Relations and Northern Affairs (Canada), reflecting recommendations from bodies such as the Royal Commission on Aboriginal Peoples and responses to legal developments from the Supreme Court of Canada; legacy issues continue to be addressed through mechanisms like modern treaty processes exemplified by the Nisga'a Final Agreement and institutions such as the Assembly of First Nations.

Category:Former federal departments and agencies of Canada