In the NWT, the conversation about a constitution has long simmered beneath the surface. Yet, the time has come to bring it to a full boil — not just any constitution, but one that boldly redefines the relationship between Indigenous nations and the GNWT.
This constitution must recognize Indigenous governments not as stakeholders or subordinate entities, but as equal or even superior partners in governance.
This isn’t a radical idea. It is a return to what was already in place before Confederation — before the imposition of the Indian Act, the residential school system and the slow bureaucratic erosion of Indigenous sovereignty. The NWT is home to diverse and self-governing Indigenous peoples: Dene, Metis, Inuvialuit. These nations had complex legal systems, governing structures and spiritual relationships with the land for thousands of years before Ottawa drew lines on maps.
The GNWT: A colonial framework in ϳԹ clothing
Despite the optics of inclusion and co-management, the GNWT remains, at its core, a colonial invention — an administrative extension of Canada designed to oversee territory rather than to empower its original peoples. While devolution agreements have transferred power from Ottawa to Yellowknife, they have done little to transfer true authority to the rightful stewards of this land: the Indigenous nations.
A constitution offers the opportunity to flip this power dynamic. Rather than a GNWT-led government granting roles or rights to Indigenous groups, a new territorial constitution could start from Indigenous legal traditions, creating a framework where the GNWT operates with consent and oversight from the Indigenous nations — not the other way around.
Inherent rights must mean real power
The Supreme Court of Canada and the Constitution Act, 1982, recognize the inherent right to self-government. But in practice, this right is watered down by slow negotiations, limited jurisdiction and continued dependence on federal and territorial funding mechanisms. What good is “self-government” if it’s micromanaged, underfunded or boxed in by GNWT policies that ignore traditional knowledge and local needs?
An NWT constitution should go beyond symbolic acknowledgements. It must establish:
-shared or rotational leadership models, where Indigenous nations lead governance cycles
-recognition of Indigenous laws as equal in force to territorial legislation
-a governing council composed primarily of Indigenous leadership, with the GNWT as one of many voices — not the lead
This is not just about rights; it’s about rebalancing power after generations of displacement, broken treaties and colonial harm.
The path forward: Healing through jurisdiction
We cannot heal as a territory without first acknowledging that the current GNWT system was built on top of existing nations, not alongside them. True healing comes when we embed Indigenous worldview, stewardship and sovereignty into the foundations of governance.
We need a constitution not written in a boardroom in Yellowknife, but born out of sacred fires, Dene law lodges, and Inuit community consultations. It must reflect the values of the land, the Elders, and the treaties — not the frameworks of Ottawa’s bureaucracy.
Let the NWT become the first region in Canada to move beyond the Indian Act era and create a constitutional model where Indigenous nations are not absorbed into government, but are the government — with the GNWT as a coordinating body, not the dominant force.
Conclusion: From co-existence to co-governance
The North has always been different. Our challenges are complex, and our history is unique. We have an opportunity to lead the nation — and the world — in forging a post-colonial constitution that honours the First Peoples not with flowery language, but with real jurisdictional power.
A constitution is not just a legal document — it’s a moral compass. Let ours point toward justice, sovereignty and Indigenous resurgence.
The North is ready. The question is: Is the GNWT?
—Hans Wiedemann is a resident of Hay River