History of the APNQL
Peoples who have never given up.
The rich political history of First Nations is carried by strong and proud individuals. It is marked by political and legal challenges, petitions, protests, hunger strikes, and a constant drumbeat of repeated actions.
It reveals that over the centuries, First Nations have constantly sought, through every possible recourse, the recognition and respect of their fundamental rights as nations.
This history reveals that Indigenous Peoples have never given up.
Numerous petitions to the kings
To understand the richness and depth of this history, one must look back at all those First Nations ambassadors who traveled to London, from the time of the British Conquest and even before. They sought to meet with Kings to find solutions to conflicts with colonial authorities. A notable example is the great Huron Chief Nicolas Vincent who, in 1825, traveled to meet King George IV accompanied by three other chiefs from Jeune Lorette. They presented a petition regarding the land ownership dispute of the Sillery seigneury, as internal processes and domestic recourses had failed to produce the expected results.
Around 1850, a critical period when several First Nations were protesting the encroachment on their lands, two Mi'gmaq delegations from Listuguj traveled to London hoping for a supportive hearing from the British Crown. Similarly, in 1909, Chief Joseph Gabriel of Kanesatake traveled to London to raise the King's awareness regarding the rights of the Mohawks of Oka over the famous Lac des Deux Montagnes seigneury. This effort was unsuccessful, and the dispute remained unresolved—as tragically proven by the events surrounding the Oka Crisis in the summer of 1990.
In Western Canada, ambassadors from the Squamish Nation of British Columbia traveled to London in 1906 and 1926 to meet the King. Much like in Quebec, they saw themselves dispossessed of their lands despite never having ceded them through any treaty. In a similar situation, the Nisga'a of British Columbia undertook legal actions in the 1910s with the gouvernments of the province and of Ottawa. They even retained a lawyer to present their case before the Privy Council in London, but this effort also ended in failure.
Unfortunately, at that time, claiming to be a nation and asserting rights as such was deemed inadmissible by the federal government. The prevailing policy was one of assimilation—the complete disappearance of First Nations as distinct peoples. Consequently, several provisions were integrated into the Indian Act to counter political movements that opposed the views of the Department of Indian Affairs. For example, First Nations were prohibited from using funds to file lawsuits against the Government of Canada. It even became illegal for Indigenous people to retain the services of a lawyer. Until 1950, First Nations were thus deprived of all legal recourse.
The Founding of the League of Indians of Canada
In 1918, the struggle of Fred Loft was equally remarkable. He attempted to establish the League of Indians of Canada and raised funds for that purpose. While his efforts met with great success, his public meetings were monitored by the Royal Canadian Mounted Police (RCMP), who cited the "agitation" caused by his movement. To combat this type of political organizing, the federal government went even further in the 1920s. Through amendments to the Indian Act, it became prohibited to collect funds within First Nations communities without the express permission of the Superintendent of Indian Affairs. Furthermore, on the mere recommendation of the Superintendent, an Indian could be declared "enfranchised"—meaning they would lose their Indian status. They could then be banned from residing on reserves. This threat of involuntary enfranchisement became a formidable tool used by the federal government to nip in the bud any political organization with autonomist goals. To silence the League of Indians of Canada, Fred Loft himself was declared enfranchised.
Several measures introduced to the Indian Act were specifically designed to dismantle these political movements. Throughout the 1920s, the federal government sought to strictly enforce the Indian Act to gain control over the political life and internal affairs of communities. To achieve this, it made the system of elected Band Councils mandatory, even though many Nations were still governed by traditional chieftainships. This policy aimed to replace ancestral governance structures with a model controlled by the federal administration.
Chief Deskaheh at the League of Nations
The story of Chief Deskaheh is one of the most inspiring in this regard. As the Chief of the Six Nations reserve in Ontario, his government stood in firm opposition to the Indian Act and its enforcement. During the 1920s, after exhausting all domestic recourses, Deskaheh first sought an audience with the King. Following the failure of this approach, he turned to the League of Nations in Geneva.
He requested that the dispute between the Six Nations government and the federal government be referred to the International Court of Justice in The Hague. To achieve this, he had to convince member states of the League of Nations to support his cause. However, the federal government and Great Britain launched a diplomatic counter-offensive that thwarted Deskaheh's efforts. They argued that the conflict was strictly an internal matter of the Canadian state and that any international intervention would be unacceptable.
In 1924, while Deskaheh was still representing his nation at the League of Nations, the federal government took advantage of his absence to organize an election for a new Band Council in his community, thereby declaring him unfit for representation. Chief Deskaheh lived in exile in the United States until his death a year later, in 1925.
The Creation of the Government of the Indian Nation of North America
In the early 1940s, Jules Sioui, a Huron from Lorette, established a Committee for the Protection of Indian Rights, inviting all First Nations chiefs across Canada to a grand convention in Ottawa. The Superintendent of Indian Affairs immediately issued a warning to the chiefs, arguing that Sioui was not a chief himself and that those attending would have to personally cover their expenses. Despite this deterrent, the Convention took place from October 19 to 21, 1943. This gathering led to the 1945 establishment of the Government of the Indian Nation of North America. A newspaper article from the time underscored the magnitude of this achievement with the headline: "A Great Event in Our History: The Indians of Canada Now Have Their Own Parliament" (Le Petit Journal, July 8, 1945).
From its inception, the Government of the Indian Nation of North America adopted a proclamation that made explicit reference to the Charter of the United Nations. The founding of the UN in 1945 (formally established in 1947) had sparked new hope within First Nations, as the organization recognized the right of all nations, great and small, to equality and freedom. Members of the Government of the Indian Nation of North America were thus encouraged to pursue the goal of being recognized as a distinct nation on the global stage.
During this same period, the federal government undertook a revision of the Indian Act. In opposition, the Government of the Indian Nation of North America adopted its own Indian Law and proceeded to register its own members. This bold display of self-government came at a high price. In 1949, Jules Sioui, Michel Vachon (Chief of Pessamit), his namesake Michel Vachon of Sept-Îles, John Chabot (Chief of Maniwaki), and others were convicted of seditious conspiracy and faced two years in prison. They were accused of fomenting rebellion against the Canadian government by suggesting that First Nations members were not subject to the laws of the land. Although this judgment was overturned on appeal, the federal government took the case to the Supreme Court. In response, Jules Sioui began a hunger strike that lasted 72 days, eventually forcing the federal government to drop its prosecution.
The attempt to create an pan-Indian government across Canada was an audacious gesture for the time. Forming such a government was no small task, given the diverse religious denominations (Catholic and Protestant) and linguistic barriers, with some speaking English and others French as a second language. Furthermore, some nations had signed treaties while others had not. These challenges were compounded by the limited transportation of the era and the immense distances across Canada, particularly the difficulty of accessing isolated regions. Nevertheless, this Indian government remained notably active throughout the 1950s and 1960s. Among its illustrious leaders were Francis Pegahmagabow, an Ojibway hero of the First World War from Ontario, and the highly respected William Commanda of the Kitigan Zibi community in Quebec, both of whom served as Supreme Chief of the organization.
The Emergence of Contemporary Political Organizations, Including the Indians of Quebec Association"
It was not until the 1960s that well-structured First Nations political organizations began to emerge at both the provincial and national levels. The National Indian Council, established in 1961, brought together Status Indians, Métis, and Non-Status Indians. Among its influential leaders was the well-known Harold Cardinal. In Quebec, this organization played a decisive role in organizing and managing the Indians of Canada Pavilion at Expo 67 in Montreal, which served as a powerful platform for Indigenous voices.
The National Indian Council eventually split into two distinct entities. This reorganization led to the 1969 creation of the National Indian Brotherhood, which from then on exclusively represented Status Indians. Subsequently, in 1971, the Native Council of Canada was established to represent the interests of Métis and Non-Status Indians, reflecting a growing need for specialized advocacy for different Indigenous groups.
This was an intense period marked by the birth or consolidation of provincial political organizations. The Indians of Quebec Association (IQA) was formed in 1965. As early as 1967, it led a fierce struggle for the recognition of Indigenous hunting and fishing rights across the province. In the early 1970s, the IQA also famously challenged the massive James Bay hydroelectric project in court. They successfully obtained an interlocutory injunction from Judge Albert Malouf to halt the works. Although this judgment was later overturned on appeal, it succeeded in breaking the wall of indifference, forcing the Government of Quebec to enter negotiations with the Cree Nation, represented by the Grand Council of the Crees. These negotiations culminated in 1975 with the signing of a historic treaty: the James Bay and Northern Quebec Agreement.
The Indians of Quebec Association ceased its activities in the mid-1970s. This period saw a shift toward more decentralized political organizing, as various Nations began to form their own representative bodies. This led to the rise of organizations such as the Grand Council of the Crees (Eeyou Istchee), the Algonquin Council of Western Quebec, and the Atikamekw-Montagnais Council. This evolution marked a move toward governance structures that more closely reflected the distinct identities and territorial claims of individual Nations.
The Mobilization and Leadership of Indigenous Women
In 1968, a courageous woman from Kahnawake, Mary Two-Axe Earley, founded the "Equal Rights for Indian Women" movement. She called for mobilization against the discrimination embedded in the Indian Act toward Indigenous women, who lost their status upon marrying non-Indigenous men. Her activism gained international attention in 1975 at the first United Nations World Conference on Women in Mexico City. Her work was a profound source of inspiration across Canada and paved the way for the 1971 emergence of the Native Women’s Association of Canada. In 1974, the Association des femmes autochtones du Québec was born, now known as Quebec Indigenous Women (QIW). Since 1992, QIW has held a seat and participated fully in decision-making—though without voting rights—at the chiefs' table of the Assembly of First Nations Quebec-Labrador.
Among the significant struggles led by Indigenous women are the major campaigns organized to combat violence within First Nations communities. More recently, the unwavering determination of activists from this organization played a key role in compelling the Government of Canada to establish the National Inquiry into Missing and Murdered Indigenous Women and Girls. Furthermore, we must acknowledge the decisive role of First Nations women in the founding of the Idle No More movement across Canada and its Quebec branch. Their mobilizing political actions have sparked a deep sense of pride among First Nations youth, ensuring that their voices remain a central force in contemporary political life.
From the National Indian Brotherhood to the Assembly of First Nations
In 1969, Jean Chrétien, then Minister of Indian Affairs, tabled a White Paper titled Statement of the Government of Canada on Indian Policy. Under the guise of equality, Pierre Elliott Trudeau’s Liberal government announced its intention to purely and simply abolish Indian status in Canada. The response from First Nations was swift and immediate. During a meeting in Ottawa, chiefs expressed their fierce opposition by presenting a "Red Paper." It was also in response to the White Paper that leader Harold Cardinal published his now-famous book, The Unjust Society (originally titled La tragédie des Indiens du Canada in French).
The 1969 White Paper policy was eventually abandoned by the Trudeau government, but it remained a major milestone in First Nations history as it provided a powerful impetus for the political movements of the era. Indeed, Canada witnessed an unprecedented mobilization of diverse Indigenous nations. It was within this climate of concern—where the very survival of First Nations and the respect for their ancestral and treaty rights were at stake—that the National Indian Brotherhood was born. During the discussions surrounding the patriation of the Canadian Constitution in the early 1980s, the organization evolved into the Assembly of First Nations, the major representative body we know today, which is composed of regional associations such as the Assembly of First Nations Quebec-Labrador.
It was also the National Indian Brotherhood that, in the early 1970s, launched the movement for self-determination in a sector critical to the survival of Indigenous Peoples: education. The goal was to end the Indian Residential School system, a primary tool of assimilation. The mandate was unambiguous: "Indian Control of Indian Education."
The Inclusion of Indigenous Political Organizations on the International Stage
Dès sa création, la Fraternité nationale des Indiens du Canada s’est préoccupée de développer une représentation soutenue non seulement au sein du Canada mais également sur la scène internationale. Les peuples autochtones des Amériques étaient en effet les grands oubliés du droit international et ils n’avaient pu se prévaloir des mesures anticoloniales adoptées par les Nations Unies au cours des années 1960. La Fraternité fit preuve de leadership en demandant un statut consultatif à l’ONU. Ce statut lui sera accordé en 1975, une première en ce qui concerne les organisations autochtones. Le fait d’être une organisation non gouvernementale (une ONG) accréditée par le Conseil économique et social des Nations Unies lui permettra d’avoir un accès direct à certaines instances internationales dont la Commission des droits de l’homme et d’y jouer un rôle de contrepoids aux pouvoirs des États-Membres dont le Canada. On doit également à la Fraternité la création en 1975, du Conseil mondial des peuples indigènes, une organisation qui allait regrouper un grand nombre de nations issues des trois Amériques. Cette organisation parapluie obtiendra son statut consultatif à l’ONU en 1987.
The Constitutional Protection of Aboriginal and Treaty Rights
First Nations' political representations, activism, and use of legal recourse played a decisive role in the discussions surrounding the patriation of the Canadian Constitution in the early 1980s. It should be recalled that three hundred Indian chiefs traveled to London at that time to express their concerns regarding the Canadian government’s unilateral approach. The patriation, as proposed, was likely to jeopardize the rights recognized in the Royal Proclamation of 1763, as well as the treaty rights established between First Nations and the British Crown. These efforts were not in vain. They led the House of Commons to include an explicit reference to, and significant protection for, ancestral and treaty rights within the Constitution Act of 1982 and the Canadian Charter of Rights and Freedoms. Furthermore, they prompted the Canadian Parliament to hold four constitutional conferences regarding the rights and self-government of Indigenous Peoples, to which representatives of the First Nations, Métis, and Inuit were invited.
A Major Victory: The United Nations Declaration on the Rights of Indigenous Peoples
In 2007, the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The adoption of this Declaration represents a major victory resulting from thirty years of activism, political representation, and the struggles of First Nations on the international stage. As previously noted, from its inception, the National Indian Brotherhood played a leadership role in this regard, obtaining accredited NGO status with the United Nations. For its part, the UN undertook a vast study in the early 1980s on the problem of discrimination against Indigenous peoples. It subsequently created the Working Group on Indigenous Populations, whose mandate was specifically to develop international standards regarding the rights and freedoms of Indigenous peoples.
Whether at the annual meetings of the Working Group on Indigenous Populations or within other international bodies, First Nations from Quebec and Canada have made a significant contribution to the evolution of international law. The United Nations Declaration on the Rights of Indigenous Peoples finally affirms clearly that Indigenous peoples are not merely ethnic, social, cultural, linguistic, or religious minorities within States, but rather distinct peoples, equal to all other peoples. As such, they possess collective rights essential to their survival and well-being, including the fundamental right to self-determination.
Pierre Lepage
May 19, 2017