Unlocking Opportunity: Free Trade and Movement Agreements for Indigenous Communities Across the U.S. – Canada Border

Indigenous communities across Turtle Island have long thrived on networks of trade, mobility, and kinship that predate the modern border between the United States and Canada. Yet today, the international boundary between the two countries often disrupts these traditional relationships and poses economic and legal barriers to Indigenous peoples on both sides.

In recent years, there has been growing momentum to explore Indigenous-led free trade and free movement agreements between the U.S. and Canada and importantly, a recognition of Indigenous sovereignty as a step toward equitable economic development.

The Jay Treaty Legacy

The Jay Treaty of 1794, signed between the United States and the United Kingdom at the time, is often cited as the historical foundation for Indigenous cross-border mobility rights. It affirms that Indigenous peoples may “freely pass and repass” the U.S. - Canada border and engage in trade.

While the United States still formally recognizes these rights for Indigenous peoples, Canada’s recognition is more limited and inconsistent, especially for First Nations without formal registration. This legal ambiguity undermines the original spirit of the treaty and complicates cross-border trade for Indigenous entrepreneurs, artists, and businesses, among others.

A Vision for Indigenous Economic Sovereignty

A sensible free trade and free movement agreement, specifically designed for Indigenous communities, would build on the Jay Treaty’s intent and modernize it for today’s economic realities. These agreements could facilitate the duty-free exchange of goods produced by Indigenous businesses, streamline customs processes, and ensure mobility for Indigenous workers, artists, and service providers.

They would also create a framework for Indigenous nations to trade with each other directly — not merely as domestic economic actors within their respective states, but as sovereign entities.

Such initiatives could have transformative impacts. Indigenous-led businesses across North America are growing in sectors like renewable energy, agriculture, crafts, tourism, and traditional foods. Many Indigenous communities are located near the U.S. - Canada border and could benefit immediately from enhanced market access and mobility.

Moreover, greater cross-border cooperation could strengthen cultural exchange, promote language revitalization, and support collective action on environmental and economic challenges. What’s more, such an agreement could have significant spillover effects into other sectors of the economy; in Canada, Indigenous-owned businesses are among the fastest growing and have vast employment effects for members of all communities.

A well-designed cross-border agreement could help facilitate this growth leading to economic diversification for remote communities, creating jobs, economic resiliency, and self-sufficiency.

Self-Determination as the Path Forward

Critically, these agreements must be designed and negotiated by Indigenous nations themselves, not imposed by federal governments. They should be guided by the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly the right to self-determination and to maintain cross-border ties.

Government partners in both countries must support these initiatives with enabling legislation and meaningful consultation.

Creating Indigenous free trade and mobility agreements is not only a matter of economic development — it is itself an act of reconciliation. It reaffirms Indigenous rights, revitalizes traditional networks of exchange, and lays the groundwork for a more just and inclusive cross-border relationship.