Does the duty to negotiate treaties in good faith extend to a duty to implement treaties in good faith?

Treaties are central to the protection of First Nations’ land, rights, culture and identity. These foundational constitutional agreements guide relationships between Aboriginal peoples and Canadian governments.

Successful treaty implementation requires collaboration, commitment, forethought, and preparation, from all parties involved. The process involves designing and establishing government interactions and their respective powers and responsibilities. This forum examines various efforts to transition from ideas and intentions during treaty negotiations to the practical reality of treaty implementation.

Our discussions will comprehensively explore the implementation of treaties in Canada. Leading academics, nationally respected chiefs, lawyers and government officials directly involved in treaty negotiation and implementation will discuss the successes, the challenges, and the changes needed to effectively implement treaties.

While many challenges have been overcome, persistent obstacles to successful treaty implementation remain. What constitutes a duty to implement treaties in good faith? Exploring this duty is crucial to ensuring the proper exercise of treaty rights and responsibilities in a way that advances reconciliation.