Summary:
- The Natural Resource Transfer Agreements (NRTA) was negotiated between Canada and the three prairie provinces to give the provinces of Manitoba, Saskatchewan, and Alberta control over Crown land and resources.
- This purported transfer occurred without the free, prior, and informed consent of First Nations whose land and resources were affected.
- The NRTA conflicts with international human rights law, as well as the United Nations Declaration on the Rights of Indigenous Peoples Act.
- On May 7, 2025, National Chief Cindy Woodhouse Nepinak wrote to Prime Minister Mark Carney to raise concerns about the NRTA’s ongoing violation of First Nations’ rights and called for a constitutional review of the NRTA and its compatibility with section 35 of the Constitution. A copy of the letter is available for download here.
The Natural Resource Transfer Agreements (NRTA) was negotiated between Canada and the three prairie provinces in 1930. These agreements purport to transfer control of Crown land and resources to the provinces of Manitoba, Saskatchewan, and Alberta, without the free, prior, and informed consent of First Nations whose lands and resources were, and continue to be, affected.
First Nations were not consulted or included in discussions and negotiations leading up to the NRTA. The NRTA also violate the rights of First Nations under the numbered Treaties and prohibit their ability to freely engage in traditional activities without provincial interference. The Numbered Treaties, including Treaties 6, 7 and 8, did not surrender First Nations’ title to natural resources. Rather, these agreements recognized the sovereignty and inherent rights of First Nations to manage and benefit from the lands and waters within their territories and were intended to establish a relationship of mutual respect and coexistence.
In a letter dated May 7, 2025, National Chief Cindy Woodhouse Nepinak wrote to Prime Minister Mark Carney to draw attention to the unconstitutionality of the NRTA, specifically its violation of Treaty rights and its incompatibility with s. 35 of the Constitution, which reaffirms the rights of First Nations Peoples in Canada. The NRTA also conflicts with prevailing international human rights law and the United Nations Declaration on the Rights of Indigenous Peoples Act. National Chief Woodhouse Nepinak called on Prime Minister Carney to initiate a constitutional review of the NRTA, and to engage in good-faith negotiations with affected First Nations for the restoration ofjurisdiction, control and benefit sharing over natural resources. The letter also responds to the Alberta Premier’s proposal for a referendum on provincial separation and that any such move would be illegitimate and unconstitutional without the prior, informed, and consent of the First Nations whose inherent rights predate the formation of the province.
To download the letter to Prime Minister Mark Carney, click here.
The Assembly of First Nations (AFN) will continue to provide updates on any response from the Prime Minister’s Office. For media inquires, please contact Genna Benson, AFN Director of Communications, at [email protected].