Indigenous peoples are those who are native to the land. Prior to European settlement, indigenous peoples lived throughout North America in self-governed political communities and exercised sovereign authority over their distinct identities. This sovereignty gave the Native nations the absolute or supreme power to govern themselves, completely independent from interference by or involvement with other sovereign nations. A common theme has linked the Native Americans of Canada and the United States in the days since European settlement. Together, these nations have fought to preserve their distinct identities and the independent nation status they once possessed. They strive to live their individual and collective differences under governments of their own design and to be recognized and respected as equals in the community of nations.

        Despite the common mission of indigenous peoples in the United States and Canada, differences in the structure of these countries governments has led to different methods of dealing with the preservation of Native identity. As a result, the history of Native Americans in both countries is unique. From the beginning, the United States and Canada took opposing positions in dealing with indigenous peoples. In the sixteenth and seventeenth centuries the United States had little tolerance for its indigenous populations and maintained hostile relations with Native Americans. The U.S. adopted a policy of driving the Natives off their land and had limited concern for the rights of these people. Unlike the United States, Canada did not regard its indigenous populations as hostile. Rather, the Canadian government embraced a policy of assimilating these peoples into Canadian society against their will. The result in both countries, however, was the same. In both the United States and Canada indigenous peoples were forced to surrender their lands, culture, and identity to governments that refused to recognize their inherent rights to these lands and sovereignty over them.

        Indigenous populations have come a long way since the early days of European settlement and have successfully negotiated treaties with their respective countries to take back the lands they once controlled independently. However, the Native North Americans still have a long way to go on their ultimate quest for status as independent nations. The law that has developed in both the United States and Canada throughout the eighteenth and nineteenth centuries indicates trends of increased self-determination and sovereignty rights, but falls short of granting Native Americans complete autonomy. In addition, heightened awareness concerning the struggles of indigenous peoples worldwide has made the plight of these populations an international issue of immediate concern to the United Nations. The UN has finalized a Draft Declaration on Human Rights which, when officially approved, will be the first step towards setting international standards for the treatment of indigenous peoples.

       Because there are no international standards defining the proper treatment of indigenous peoples, each country has "exclusive domestic jurisdiction" over its Native people. As a result, the domestic law of the nations concerned with indigenous rights is mainly based on treaties with the indigenous populations and theoretical ideas reflecting how these nations think indigenous people should be treated. In the United States and Canada the rights of indigenous people flow from a combination of these sources.

        This pathfinder highlights the most comprehensive and useful sources in the development of laws in the United States and Canada pertaining to native populations. These sources carve out the history and origins of Native Americans rights and where they stand today.