First Nations are raising concerns about the safety of cross‑border travel to the United States amid increased detentions and enforcement actions affecting Indigenous travellers, despite long‑standing mobility rights protected under the Jay Treaty. The Jay Treaty affirms the right of Indigenous Peoples born in Canada to freely cross the Canada‑U.S. border, live and work in the U.S. without visas, and carry on trade. Recent incidents have prompted some First Nations to issue travel advisories for the United States and urge members to carry extensive documentation when travelling across the border. The situation has renewed attention on the legal status of Jay Treaty rights and the broader recognition of Indigenous sovereignty across colonial borders.
As of January 30, 2026, Canada has not resumed negotiations with First Nations on Agricultural Benefits claims (also called Cows and Plows claims), despite having committed to do so before negotiations were paused by the 2025 federal election. These claims address Canada’s historic failure to deliver Treaty‑promised agricultural supports intended to assist First Nations’ economic transitions, and were actively being settled under an expedited framework across Treaties 4, 5 and 6 until March 2025. Although a new cabinet was sworn in months ago and CIRNAC’s current Departmental Plan identifies agricultural benefits claims as a priority for reconciliation—with significant funding and staffing allocated—First Nations report that the Minister of CIRNAC has yet to return to the negotiating table, raising renewed concerns about delays in resolving longstanding Treaty breaches and advancing reconciliation through negotiation rather than litigation.
Canada and the Musqueam Indian Band have signed three landmark agreements recognizing Musqueam’s Aboriginal rights and establishing shared decision‑making roles in fisheries, marine stewardship and emergency management within Musqueam territory. The agreements—including a Rights Recognition Agreement and new fisheries and stewardship frameworks—provide for incremental implementation of section 35 rights, implementation funding and Nation‑to‑Nation governance mechanisms. The agreements mark a significant step in reconciliation and UNDRIP implementation and build on recent milestones such as Musqueam’s self‑government and revenue‑sharing agreements.
The federal government has introduced Bill C‑21, legislation that would give legal effect to the Red River Métis Self‑Government Recognition and Implementation Treaty. Co‑developed with the Manitoba Métis Federation (MMF), the Treaty formally recognizes MMF as the Government of the Red River Métis and affirms the MMF’s inherent right to govern itself in matters such as citizenship and leadership.
The BC government and Simpcw First Nation have begun negotiations on a consent‑based decision‑making agreement for the environmental assessment of Taseko Mines’ proposed Yellowhead Copper Mine. The agreement would align provincial and Simpcw assessment processes, require Simpcw consent for the project to proceed and provide greater regulatory clarity and efficiency for the proponent. The negotiations reflect a collaborative, government‑to‑government approach to environmental review, building on past consent agreements negotiated with other Nations in other parts of the province, signaling how shared decision‑making frameworks may be used for major mining projects in BC going forward.
BC and Cowichan Tribes (Quw’utsun) leaders have begun court‑ordered negotiations following a landmark ruling recognizing Aboriginal title over a plot of land that included fee simple titles near Vancouver. While both sides are appealing aspects of the decision—which found Crown‑granted titles unjustifiably infringed Cowichan title—they say negotiations are aimed at reconciling Aboriginal title with existing private ownership.
A bill entrenching the Tłegǫ́hłı̨ Got’įnę self‑government agreement into territorial law has received assent, formally advancing the Tłegǫ́hłı̨ Got’įnę s transition to self‑government after more than 20 years of negotiations. The agreement, ratified by members in 2025, recognizes the Tłegǫ́hłı̨ Got’įnę’s inherent right to govern across areas such as land, justice and education. The Tłegǫ́hłı̨ Got’įnę expects to fully launch its government in 2026.
British Columbia has applied to the Supreme Court of Canada for leave to appeal a landmark BC Court of Appeal decision that found the province’s mineral claims staking regime inconsistent with UNDRIP, as implemented through BC’s Declaration on the Rights of Indigenous Peoples Act (DRIPA). The province argues the ruling has created uncertainty about the legal effect of UNDRIP in Canadian law and improperly places courts “in the driver’s seat” on policy matters meant for elected governments. The premier is simultaneously pursuing amendments to DRIPA.
More than 80 Indigenous organizations, environmental groups and legal advocates publicly urged BC not to amend DRIPA, warning that proposed changes would “gut” the legislation and undermine UNDRIP implementation.
The Ontario Superior Court of Justice has upheld a $3.6 billion settlement compensating 12 First Nations for historic breaches of the augmentation clause in the Robinson‑Superior Treaty, while sharply criticizing the Crown’s negotiation conduct. Although the First Nations had sought nearly $36 billion, arguing the Crowns treated negotiations as a procedural formality, the judge declined to overturn the settlement. The judge found that although Canada and Ontario failed to engage in fully “honourable” negotiations—as directed by the Supreme Court of Canada in 2024—the ultimate compensation decision was reasonable and adequately justified, given population size, regional economic conditions and the value of resource extraction.
Tr’ondëk Hwëch’in First Nation has filed a lawsuit against the Yukon government, alleging breaches of its Final Agreement and self‑government commitments after the territory amended mining regulations to extend permits without consultation. The First Nation argues that those actions allowed mining projects to continue on its territory without completing required environmental assessments, contrary to territorial legislation.
A First Nation–owned critical minerals project in northern Manitoba has received a key regulatory approval, moving it closer to production. The Province of Manitoba issued an amended environmental licence for the Minago project, fully owned by Kinosao Sipi (Norway House Cree Nation), allowing it to produce up to 10,000 tonnes of material per day. Minago is the first critical minerals mine in Canada to be 100% First Nation‑owned.
The federal government is pledging $1.55 billion in funding to ensure First Nations children have equal access to public services over the next year, in support of their prior commitments to Jordan’s Principle.
Alderville First Nation has granted Rice Lake legal personhood through a Band Council Resolution, marking the first such designation in Ontario and aligning with a growing international “rights of nature” movement led largely by Indigenous peoples. Rice Lake is now recognized by Alderville First Nation as having legally enforceable rights, including the right to exist, to be free from pollution, and to take legal action. Rice Lake will be represented by a Guardians Council that will advocate on its behalf. The move is grounded in Anishinaabe law and worldview, which recognizes water as a living relative, and responds to decades of ecological harm from damming, pollution, invasive species and climate change impacts.
