Relational vs. transactional: Why Canada continues to fail at implementing Indigenous rights – Law 360 Canada
Law360 Canada (July 18, 2025, 11:55 AM EDT) — There is a fundamental difference in worldview that continues to undermine the relationship between Indigenous peoples and the Crown in Canada — a difference that can be summarized as relational versus transactional. This tension lies at the heart of the ongoing failure to fully implement treaties, recognize Indigenous legal orders, or give meaningful effect to constitutionally protected Aboriginal and treaty rights.
From a transactional perspective, which dominates Canadian law and policy, anything is possible — so long as the right boxes are ticked, signatures secured and terms enforced. The Canadian legal system, rooted in British common law and contract theory, is predicated on this logic: define the parties, negotiate terms, settle obligations and enforce compliance. It is tidy, linear and ultimately reductionist.
