Indigenous leaders across Canada are responding sternly to President Donald Trump’s controversial suggestion that Canada should become “our cherished 51st state,” emphasizing that any such discussion must recognize Indigenous sovereignty and treaty rights.
Dr. Wilton Littlechild, a prominent Cree lawyer from Maskwacis, Alberta who helped draft the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), stresses that Indigenous voices must be central to any international negotiations affecting their territories.
“The Indigenous voice is nowhere in this discussion about territorial integrity,” says Dr. Littlechild. “What about our territorial integrity? What about our concerns about border issues? Someone needs to say something in this ongoing debate about the way forward in North America.”
The comments come as tensions ease slightly following Trump’s announcement Monday that he would “immediately pause” the planned 25% tariffs on Canada for 30 days after speaking with Prime Minister Justin Trudeau. Canada agreed to implement a $1.3 billion border security plan, including enhanced measures against fentanyl trafficking — although the funding and new measures had already been announced in December, and were negotiated with the Biden administration.
Nevertheless, Trump’s oft repeated comments about Canada becoming “our cherished 51st state” — a notion Trudeau has rejected — raise deeper questions about sovereignty.
Dr. Littlechild points out that both nations have endorsed UNDRIP and have existing treaty obligations that must be considered.
“Both Canada and the U.S. have adopted the U.N. Declaration on the Rights of Indigenous Peoples, which offers both countries solutions if they would implement those articles,” he explains.
Dr. Littlechild emphasizes Indigenous peoples’ significant economic leverage: “Right outside this window, there’s a railway track that goes north-south. There’s a highway that goes north-south, it goes through my home reserve of Maskwacis. And what do they carry? Oil and gas. And where’s that oil and gas coming from? Traditional territories of Indigenous peoples.”
Dr. Littlechild is advocating for a diplomatic but assertive approach: “Under international law, we have a right to participate in decision making. To continue to make decisions at will on any topic, ignoring us, is a violation of international law.”
Asserting Indigenous sovereignty
As both countries enter negotiations during this 30-day window, Indigenous leaders insist their rights and interests must be central to any discussions about North American relations and border security. In early January, Assembly of First Nations National Chief Cindy Woodhouse issued a direct open letter to President Trump, asserting Indigenous sovereignty and calling for meaningful inclusion in cross-border decisions.
“As National Chief of the Assembly of First Nations (AFN), I advocate on behalf of First Nations individuals and communities across Canada on matters of national and international importance,” Chief Woodhouse writes in her January 21 letter.
“This land has been home to sovereign Nations since time immemorial, with inherent rights to our lands, waters, and resources that predate colonial systems.”
The National Chief notes the particular cross-border reality of many Indigenous nations: “Many of our Nations have territories on both sides of the 49th parallel, crossing the U.S.-Canada border. Decisions made in Washington or Ottawa directly affect Indigenous Peoples on both sides of the line, and yet, our voices are rarely heard. This must change.”
On trade matters, Chief Woodhouse acknowledges past progress while pushing for more substantial inclusion: “The United States-Canada-Mexico Agreement (USMCA), which you negotiated, is the first trade agreement to protect the rights and include trade promotion provisions for Indigenous Peoples in North America. However, USMCA can and should be strengthened to support Indigenous-to-Indigenous trade between our Nations.”
The letter concludes with a call for meaningful partnership and consultation: “First Nations across Turtle Island are ready to work with your administration to build a stronger, more respectful relationship… particularly regarding meaningful consultation with First Nations and Indigenous Nations along the border, as we renew our relationship as equal partners and neighbours.”
‘Canada is Indian land, period’
“It’s pretty much over our dead bodies. We can’t allow these things to happen,” says Grand Chief Stewart Phillip of the Union of BC Indian Chiefs, pointing to a long history of American interest in Canadian water resources. First Nations will not stand idly by, he says, issuing a stark warning against Trump’s September 2024 suggestion that the U.S could tap British Columbia’s water resources.
“Canada is Indian land, period. And he has to deal with that. He has to deal with us.”
Chief Phillip notes that Trump’s notion of controlling Canada’s water isn’t new, referencing a 1950s initiative called the North American Water and Power Alliance (NAWAPA). This ambitious but controversial project saw U.S. Army engineers develop extensive plans for pipeline routes to divert Canadian water resources across North America.
“The climate crisis has made this more urgent than ever,” Chief Phillip explains. “California’s agriculture industry is virtually collapsing as a consequence of drought. There’s a very real dimension of desperation on the part of the Americans.”
However, Chief Phillip argues that British Columbia itself is facing severe water challenges: “We have a number of major dams, and the inflow into those dams is being greatly curtailed by the climate crisis. The glaciers in the mountains are receding at an alarming rate. We’re losing our capacity to produce hydropower. There’s not much water to share.”
The chief calls for unprecedented unity among Indigenous peoples across Turtle Island (North America) in the face of these challenges.
“Now more than ever in the history of this country, we need to unite. We need to set aside our petty differences and fight for the future of our children and grandchildren.”
He emphasizes the need for strong declarations of sovereignty and the formation of alliances with concerned partners.
“Water is the cradle of all life,” Chief Phillip states. “We need to demonstrate that we are, in fact, utilizing the resources and have a proprietary interest in doing so. We’re very much part of the economy of this country. This is an unprecedented crisis that’s happening to us… we’re standing on the brink.”