From Seeds to Canopies: Indigenous-Municipal Legal and Governance Relationships in Canada

Once upon a time, I worked as a lawyer representing First Nations, later as a policy advisor in city government. Now I am a legal scholar focusing on municipal law and governance. I believe that one cannot talk about municipalities without considering their relationships to Indigenous communities. This isn’t an academic or theoretical position, it’s an ethical and legal one. All municipalities must come to terms with their role and relationships with Indigenous communities, not only because it makes for better cities or because of legal obligations (although these are good reasons), but because municipal structures are rooted in colonial frameworks that limit Indigenous laws and decision-making.

In our 2021 Institute on Municipal Finance and Governance paper, Indigenous-Municipal Legal and Governance Relationships, Doug Anderson and I argued that municipalities should not focus on technocratic legal models (such as the duty to consult and accommodate) as the foundation of their association.¹ Instead, cities should embrace respectful, reciprocal relationships grounded in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).² Our paper offered a path forward for building stronger relationships: respect for Indigenous sovereignty, collaborative governance, recognition of Indigenous legal traditions and knowledges, and the transformation of governance practices.

We included examples of emerging relationships that reflect these principles and emphasized the importance of UNDRIP as a framework for Indigenous-municipal legal and governance relationships. UNDRIP has since become a guiding framework in the federal government and in jurisdictions across Canada and court cases continue to bolster Indigenous rights. Several years after writing this report, Indigenous-municipal legal and governance relationships continue to unfold and deepen. However, local and other governments still have much to do.

Municipal governments often view Indigenous communities as “stakeholders” rather than rights-holders, resulting in lopsided relationships. While many municipalities have acknowledged, or even adopted, parts of the Truth and Reconciliation Commission Calls to Action or sections of UNDRIP, they have not really embraced Indigenous sovereignty. Recognizing Indigenous sovereignty means acknowledging Indigenous nations’ authority over their lands and communities. This recognition should be the backbone of Indigenous-municipal relationships and woven into governance and decision-making processes.

UNDRIP is now part of Canadian law. Municipalities must reimagine local governance in conjunction with First Nations and Indigenous communities. Of course, not all municipalities are at the same stage in their relationships with these communities. The metaphor of a tree may help illustrate what I see as the future of Indigenous-municipal legal and governance relationships.

The seedlings: Truth-telling and building trust

As Doug and I documented in our 2021 paper, municipalities and Indigenous communities have taken steps to build trust with one another. This includes cultural awareness training for municipal employees, the creation of Indigenous advisory councils, and putting Indigenous names on public signs.

Local economic development presents another opportunity for municipalities and Indigenous communities to work together. Given their shared interests in job creation, business growth, and economic stability, both groups benefit from coordinated economic planning for tourism, infrastructure investment, and local business development. Supporting Indigenous entrepreneurship through grants, tax incentives, and procurement practices also strengthens partnerships.

These important steps show a commitment to starting on the path of understanding. For example, in 2022, Toronto committed to a 10-Year Reconciliation Action Plan³ with 28 specific actions aimed at rights recognition, increasing economic opportunities for Indigenous communities, and expanding public education on Indigenous histories. The plan emphasizes truth-telling and community-building by involving Indigenous groups in urban planning and decision-making, especially through dedicated spaces and cultural programs​.

Thickening tree rings: Co-creating Indigenous-municipal partnerships

Collaborative governance models go farther by providing frameworks for Indigenous and municipal leaders to make joint decisions on issues such as infrastructure, land use, and resource management. Establishing joint councils can enable regular dialogue and collective action on topics that affect both communities.

Indigenous and municipal governments can also establish formal monitoring and evaluation systems for collaborative projects, jointly assessing outcomes, and identifying areas for improvement. This process ensures that partnerships remain adaptable and responsive to community needs, highlighting successes, and adjusting tactics as needed. Clear, ongoing communication reinforces the commitment to a shared future.

Municipalities and Indigenous nations may also agree on co-governance models to manage areas of overlapping interest, from environmental conservation efforts to cultural site preservation. Co-governance models offer a more balanced approach, with decisions made jointly, rather than municipalities “consulting” First Nations. In 2020, the Tsleil-Waututh Nation and Metro Vancouver agreed to the co-management of təmtəmíxʷtən / Belcarra Regional Park near Coquitlam.⁴ In 2022, the Vancouver Board of Parks and Recreation issued an official apology and committed to working with the Squamish, Musqueam, and Tsleil-Waututh Nations on the joint operation of parklands in Vancouver.⁵

A reaching canopy: Long-term relationships and shifts in power

To ensure Indigenous sovereignty, municipalities need to engage with Indigenous communities by integrating the latter’s cultural practices, governance protocols, and unique knowledge systems. Municipal leaders must listen to Indigenous voices and incorporate Indigenous governance styles, respecting Indigenous laws and community structures as legitimate and central to any partnership. Only then can municipalities move beyond symbolic gestures and toward genuine partnerships that evolve alongside community needs and priorities. In some cases, municipalities may reinforce legislative changes by pushing for provincial governments to amend municipal acts to explicitly recognize Indigenous governance structures and rights.

Legal obligations to First Nations and Indigenous peoples guaranteed through constitutional and treaty protections will affect the evolution of relationships. For example, because New Zealand is bound by the Treaty of Waitangi, Māori voices and values are reflected in some city governance models. These partnerships go beyond consultation, involving Māori leaders in strategic decision-making, environmental stewardship, and urban planning. In Wellington, City Council partners with mana whenua iwi (the customary authority exercised by Māori over particular territories) through memoranda of understanding that uphold Treaty principles and Māori consultation rights in decision-making.⁶

In October 2022, Vancouver became the first city in Canada to develop a municipal UNDRIP action plan⁷ co-created in partnership with the Musqueam, Squamish, and Tsleil-Waututh Nations. The plan has 79 calls to action, addressing Indigenous well-being, self-determination, and Indigenous rights to land and title. It aims to establish a sustainable government-to-government relationship with these First Nations, emphasizing collaboration and mutual respect in policy development and implementation. The actions are clear and practical as well as transformative and include recommended changes to taxation and provincial legislation. As a continuation of these efforts, Vancouver announced a five-year reconciliation plan in 2024, further implementing the UNDRIP strategy and focusing on concrete actions to protect Indigenous rights, reduce Indigenous-specific racism, and support cultural recognition.

Looking ahead: The next 20 years

Indigenous-municipal relationships must continue to evolve. Indigenous author Tommy Orange, a member of the Cheyenne and Arapaho Tribes, titled his first novel There There. Orange reframes Gertrude Stein’s famous quote about the placelessness of Oakland, California, by treating the city as a complicated, but hopeful place of belonging for Indigenous people. As Canada continues on the path of reconciliation, Indigenous-municipal relationships call for ongoing learning, sharing, trust-building, and transformation.

I believe that over the next 20 years, the law will continue to shape what municipalities must do. UNDRIP will become more deeply engrained as the framework for relationships amongst First Nations, Indigenous communities, and Canadian governments. In this way, Indigenous legal traditions and knowledges will increasingly be integrated into municipal planning and policy. Increasingly, these requirements will no longer be left to the discretion of municipalities – they will be required. In other words, building respectful, reciprocal relationships means that cities need to share, and even let go of, the power they hold.

There will inevitably be bumps along the way, including capacity issues for both municipalities and First Nations and Indigenous communities. Municipal officials may feel threatened by the idea of change. There may also be tensions among Indigenous communities, which continue to endure the effects of instruments like the Indian Act that do not represent their governance or laws. But these are not reasons to stop. The challenges cities face will be solved more effectively by incorporating Indigenous knowledges and leadership. We need only look at the role of First Nations in building a significant amount of much-needed housing in the Vancouver area to see the lasting impact of Indigenous leadership.⁸

Like the metaphor of the tree, a long-term commitment to transformation, grounded in respect and reciprocity, will result in something brighter than – but also different from – what exists now. As governments work together to address shared challenges, they have an opportunity to redefine governance, foster reconciliation, and make cities better.

About the Author

Alexandra Flynn, Associate Professor, Allard School of Law, University of British Columbia and IMFG Fellow, specializes in municipal law and governance, administrative law, and property law. She has researched Toronto’s complex governance model, Indigenous-municipal relationships in land use planning, and currently as Director of the Housing Research Collaborative, she is focused on several projects related to precariously housed people in cities.

---

Endnotes

[1] Doug Anderson and Alexandra Flynn, Indigenous-Municipal Legal and Governance Relationships, IMFG Papers on Municipal Finance and Governance No. 55, 2021.

[2] United Nations, United Nations Declaration on the Rights of Indigenous Peoples, 2021. https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf 

[3] City of Toronto, Reconciliation Action Plan, n.d. https://www.toronto.ca/city-government/accountability-operations-customer-service/long-term-vision-plans-and-strategies/reconciliation-action-plan/

[4] TsIeiI-Waututh Nation and Metro Vancouver, Belcarra Regional Park Cultural Planning and Co-operation Agreement, 2020. https://metrovancouver.org/services/regional-parks/Documents/belcarra-regional-park-cultural-planning-and-co-operation-agreement.pdf

[5] City of Vancouver, “An open letter of apology to xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səlilwətaɬ (Tsleil-Waututh) Nations,” 2022. https://vancouver.ca/files/cov/letter-of-apology-musqueam-squamish-and-tsleil-waututh-nations-2022-11-01.pdf

[6] Wellington City Council, “Tākai Here to be signed at Pipitea Marae,” 2022. https://wellington.govt.nz/news-and-events/news-and-information/our-wellington/2022/04/takai-here-signing

[7] UNDRIP Task Force Intergovernmental Table, City of Vancouver UNDRIP Action Plan 2024-2028, 2024. https://vancouver.ca/news-calendar/council-approves-groundbreaking-undrip-strategy-for-vancouver.aspx

[8] Michelle Cyca, “Vancouver’s new mega-development is big, ambitious and undeniably Indigenous,” Maclean’s, March 11, 2024. https://macleans.ca/society/senakw-vancouver/ Back to All Essays