DAOD 4004-0, Indigenous Affairs

Table on Contents

1. Introduction
2. Definitions
3. Policy Direction
4. Consequences
5. Authorities
6. References

1. Introduction

Date of Issue: 2025-01-31

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Approval Authority: Assistant Deputy Minister (Infrastructure and Environment) (ADM(IE))

Enquiries: Director General Indigenous Affairs (DGIA)

2. Definitions

Aboriginal title (titre ancestral)

An Aboriginal right to the land itself, including the right to decide how that land will be used.

Note – 1. Land use does not need to be an aspect of a practice, custom or tradition that is integral to the distinctive culture of the Indigenous collective.

Note – 2. Aboriginal title is based on an Indigenous collective’s exclusive occupation of an area prior to the assertion of sovereignty and is a right protected by section 35 of the Constitution Act, 1982. (Defence Terminology Bank record number 697239)

Aboriginal right (droit ancestral)

A communal right that is an aspect of customs, practices, or traditions integral to the distinctive culture of an Indigenous collective.

Note – Aboriginal rights are recognized and affirmed by section 35 of the Constitution Act, 1982. (Defence Terminology Bank record number 697238)

duty to consult (obligation de consulter)

The legal obligation of the Crown to meaningfully consult with the rights holding Indigenous collective and, where appropriate, accommodate the rights when contemplating conduct that might adversely impact potential or established Aboriginal or treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982. (Defence Terminology Bank record number 697259)

Indigenous engagement (mobilisation des Autochtones)

Proactive and ongoing communications, consultations, and collaboration between the Government of Canada and Indigenous collectives.

Note – Indigenous engagement may extend to Indigenous groups who assert they are Aboriginal Peoples of Canada and are in discussion with the Crown regarding their status as Aboriginal Peoples of Canada within the meaning of section 35 of the Constitution Act, 1982. (Defence Terminology Bank record number 697269)

treaty right (droit issu de traité)

A binding obligation, between the Crown and an Indigenous collective, that exists by way of a historic treaty, a comprehensive land claim agreement or, in some cases, a self-government agreement.

Note – 1. Treaty rights are recognized and affirmed by Section 35 of the Constitution Act, 1982.

Note – 2. Comprehensive land-claim agreements are also known as “modern treaties”. (Defence Terminology Bank record number 697290)

3. Policy Direction

Interpretation

3.1 In this DAOD:

• “Indigenous” refers to the original Peoples of North America and their descendants. However, “Aboriginal” and “Indian” are still used in legal contexts, for example when referring to the Aboriginal Peoples of Canada in the Constitution Act, 1982, or as used in the Indian Act. The phrase ”Indigenous peoples” has the meaning assigned by the definition of “aboriginal peoples of Canada” in subsection 35(2) of the Constitution Act, 1982. “Indian,” “Inuit” and “Métis” have been interpreted by Canadian courts; and
• “Indigenous collective” refers to an Indigenous group that holds or may hold Aboriginal or treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982. The term “Indigenous” applies to First Nations, Inuit and Métis.

Context

3.2 The Government of Canada is committed to advancing reconciliation and renewing relationships with Indigenous Peoples. The DND and the CAF recognizes that this commitment extends to DND and CAF activities. The DND and the CAF are responsible for:

1. meeting legal obligations; and
2. supporting federal policy commitments to Indigenous Peoples in DND and CAF activities, within the context of the mandate of the DND and the CAF.

3.3 ADM(IE):

1. is the functional authority for Indigenous affairs across DND and CAF as per DAOD 1000-11, Policy Framework for Infrastructure and Environment Management; and
2. plays an advisory role to other level one (L1) organizations in the execution of their L1 authorities as it pertains to Indigenous matters through providing policy and program advice and guidance.

3.4 A treaty is a solemn agreement between the Crown and an Indigenous collective that includes mutually binding obligations that can include historic treaties, comprehensive land claims agreements, also known as modern treaties, and in some cases self-government agreements. Aboriginal and treaty rights are recognized and affirmed under section 35 of the Constitution Act, 1982.

3.5 This DAOD should be read in conjunction with other related DAODs, policies, directives and standards.

Policy Statement

3.6 The DND and the CAF are committed to:

1. fulfilling DND and CAF operational requirements and mandates while respecting the obligations and commitments of Canada to Indigenous Peoples; 
2. respecting Aboriginal and treaty rights that are recognized and affirmed by section 35 of the Constitution Act, 1982;
3. having a renewed relationship with Indigenous Peoples as described in the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples;
4. conducting activities in accordance with the legal obligations of the Crown as well as its policy commitments to Indigenous Peoples, including the commitment to advance reconciliation with Indigenous Peoples; and
5. ensuring that DND and CAF interests are presented when whole-of-government approaches related to Indigenous matters are being devised, negotiated or shaped.

Requirements

3.7 In order to advance reconciliation, and meet legal and policy commitments of the DND and the CAF towards Indigenous Peoples, the DND and the CAF must:

1. wherever possible, seek areas of shared interest with Indigenous collectives and build cordial relations that facilitate discussions of those interests;
2. build DND and CAF awareness of, and ensure compliance with, legal obligations and Government of Canada policy commitments to Indigenous Peoples, including:
   1. fulfilling the duty to consult;
   2. honouring Aboriginal rights and titles and fulfilling treaty obligations; and
   3. supporting the obligations of the Government of Canada for implementing the United Nations Declaration on the Rights of Indigenous Peoples Act, where applicable to the DND and the CAF;
3. develop internal policy and direction to support consistency across the DND and the CAF in conducting activities in accordance with the legal obligations and policy commitments of the Government of Canada to Indigenous Peoples;
4. initiate Indigenous engagement early to build and maintain relationships where DND or CAF establishments or activities impact or may impact the rights or interests of Indigenous collectives;
5. involve Indigenous collectives, designated representatives of Indigenous communities or both early in DND and CAF efforts, initiatives, program and activities planning and fulfill the duty to consult when contemplating conduct that may have an adverse impact on potential or established Aboriginal or treaty rights;
6. be prepared to receive feedback and input from Indigenous Peoples and utilize that feedback to continually improve DND and CAF policies, directions and programs in accordance with existing laws and policies;
7. comply with the Government of Canada’s Collaborative Modern Treaty Implementation Policy and the Cabinet Directive on the Federal Approach to Modern Treaty Implementation when developing proposals to Cabinet or Treasury Board;
8. manage and govern Indigenous defence-related data collection respecting Indigenous rights and self-determination that pertains to Indigenous Peoples and how it is collected, used, and shared;
9. provide education and learning opportunities within the DND and the CAF to cultivate greater cultural awareness and competency to advance reconciliation; and
10. exercise and promote internal DND and CAF coordination, as well as intergovernmental and interdepartmental coordination in the context of:
    1. engagement with Indigenous leaders, collectives and organizations, as required; and
    2. overlap between the mandates or priorities of the DND or the CAF and those of other governments, departments or DND and CAF sections.

4. Consequences

General

4.1 Should clarification of the policy statement, requirements or authorities set out in this DAOD be required, DND employees and CAF members may seek direction through their channel of communication or chain of command, as appropriate. The anticipated results set out in the policy statement may not be achieved by the DND and the CAF if the requirements specified in this DAOD are not properly implemented. Not achieving the anticipated results could affect the ability of the DND and the CAF to ensure that the CAF is prepared to undertake missions for the protection of Canada and Canadians and the maintenance of international peace and stability.

5. Authorities

Authority Table

5.1 The following table identifies the authorities associated with this DAOD:

6. References

Acts, Regulations, Central Agency Policies and Policy DAOD

• Canadian Human Rights Act
• Constitution Acts, 1867 and 1982
• Employment Equity Act
• Impact Assessment Act
• National Defence Act
• United National Declaration on the Rights of Indigenous Peoples Act
• Canadian Forces Employment Equity Regulations
• Policy on People Management, Treasury Board
• Directive on Employment, Equity, Diversity and Inclusion, Treasury Board
• Directive on the Management of Real Property, Treasury Board
• Cabinet Directive on the Federal Approach to Modern Treaty Implementation, Indigenous and Northern Affairs Canada
• Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples
• The Attorney General of Canada’s Directive on Civil Litigation involving Indigenous Peoples
• DAOD 1000-11, Policy Framework for Infrastructure and Environment Management

Other References

• DAOD 5039-0, Official Languages
• DAOD 5516-3, Religious or Spiritual Accommodation
• DAOD 8007-0, Notification of DND and CF Activities Within the Joint Task Force (North) Area of Responsibility
• 2023-2026 Data Strategy for the Federal Public Service
• Direction and guidance on support for Indigenous spiritual practices
• Assessment of Modern Treaty Implications (AMTI)
• Our North, Strong and Free: A Renewed Vision for Canada’s Defence
• Royal Canadian Navy Arctic and Northern Strategic Framework
• Strong Secure Engaged: Canada’s Defence Policy
• Truth and Reconciliation Commission of Canada: Calls to Action
• National Inuit Strategy on Research
• Aboriginal Consultation and Accommodation – Updated Guidelines for Federal Officials to Fulfill the Duty to Consult – March 2011, Crown-Indigenous Relations and Northern affairs Canada website
• Indigenous Procurement Framework for the Department of National Defence and the Canadian Armed Forces, Assistant Deputy Minister (Materiel) website
• Indigenous Business and Federal Procurement, Indigenous Services Canada website
• Indigenous Peoples and human rights, Canada Human Rights website
• Government of Canada and the Duty to Consult, Crown-Indigenous Relations and Northern Affairs Canada website
• Inuit Nunangat Policy, Crown-Indigenous Relations and Northern Affairs Canada website
• Aboriginal and Treaty Rights Information System, Crown-Indigenous Relations and Northern affairs Canada website
• Canada’s Arctic and Northern Policy Framework, Crown-Indigenous Relations and Northern Affairs Canada website
• Canada’s Collaborative Modern Treaty Implementation Policy, Crown-Indigenous Relations and Northern Affairs Canada website
• United Nations Declaration on the Rights of Indigenous Peoples
• United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan 2023-2028