The committee tried to give a voice to Indigenous Nations^[1] in a spirit of openness and exploration of the proposed approaches for inhabiting and sharing the same land while respecting the rights of the Indigenous Nations who lived here before the arrival of Europeans. Additional sessions would be needed to fully delve into each of the issues raised. A look back at history reveals the extent of the wrongs committed against the various Indigenous Nations. The report addresses topics that readers may find traumatic. The committee acknowledges the risk that bringing them up or referring to historical costs from the negotiation of the various treaties may trigger a reaction. The committee acknowledges that before the arrival of Europeans, Indigenous Nations lived on, and managed, the land that would later become the Canada we know today. “Aboriginal title” is the legal term applied to the fact that Indigenous Nations hold communal land rights over these lands. The treaties negotiated in the early 19th century still have a lingering impact today. The travel notebooks of the commissioners who negotiated the numbered treaties clearly illustrate the Crown’s intention of occupying the land in order to subdivide it and distribute it to the settlers and immigrants who would come later. John A. Macdonald’s government showed little concern for the fate of the Indigenous Nations, and successive governments did nothing to change course.

Land is a central part of Indigenous identities, cultures, languages, governance and laws. Land is essential to respecting Indigenous rights, including the right to self-determination. Indigenous Nations were robbed of their lands throughout Canadian history, which continues to affect Indigenous health, well-being, governance, culture and ways of life. Historically, Indigenous Nations were left out of the Canadian economy and received few benefits from development on their lands. The restitution of lands to Indigenous Nations is about truth and reconciliation and is consistent with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Indigenous Nations have and continue to call for the return of their lands and use different approaches to try and get their lands back. Some have taken the Government of Canada to court, used federal polices and processes to settle their claims, or worked through international bodies. For the most part, these options have not been fully successful. In this report, the committee makes recommendations to improve existing federal policies and processes to return more land to Indigenous Nations. Recommendations include:

• aligning federal policies and processes that may return land to Indigenous Nations with UNDRIP;
• review the process to develop negotiation mandates for modern treaties;
• identifying and addressing barriers which may limit the use of land as compensation for specific claims; and
• improving the Addition to Reserve Policy and process to address delays.

Indigenous Nations have different needs and priorities. For this reason, the committee also recommends that the Government of Canada consider other options to return land to Indigenous Nations, including:

• exploring alternative approaches to land restitution outside existing federal policies and processes;
• identifying and establishing new approaches to respond to Indigenous Nations defending their lands;
• creating an Indigenous Rights Commission and Tribunal and a national land restitution centre;
• developing a framework to discuss the meaning and implementation of historic treaties;
• exploring the creation of tax-free mechanisms to reclaim land and fee simple title;
• exploring opportunities to support Indigenous land trusts and facilitate the donation of land to Indigenous Nations;
• developing a strategy to increase the number of Indigenous Protected and Conserved Areas in Canada;
• creating a First Nations-led Land Registry;
• ensuring that all forms of land restitution include the restoration of Indigenous governance and jurisdiction over lands and resources;
• ensuring Indigenous businesses have access to adequate, predictable and sustainable funding;
• reviewing the Social Finance Fund;
• encouraging the establishment of a working group to discuss Impact and Benefit Agreements; and
• considering options for improving access to capital.

Returning land to Indigenous Nations can contribute to economic reconciliation by ensuring Indigenous Nations can participate in the Canadian economy. The committee heard that Indigenous Nations need jurisdiction over their lands and financial capital to benefit from potential economic opportunities. The committee believes that addressing barriers to economic development can ensure that Indigenous Nations can develop their own priorities for the use and development of their lands.