The ''United Nations Declaration on the Rights of Indigenous Peoples Act'' (also known as Bill C-15) is a law enacted by the
Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
and introduced during the second session of the
43rd Canadian Parliament
The 43rd Canadian Parliament was in session from December 5, 2019, to August 15, 2021, with the membership of its Lower House, the House of Commons of Canada, having been determined by the results of the 2019 federal election held on October 21, ...
in 2020.
The legislation establishes a legal framework and timeline to bring Canadian law into alignment with the United Nations'
Declaration on the Rights of Indigenous Peoples
The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including th ...
(UNDRIP).
The bill requires the federal government to ensure Canadian law is consistent with the declaration's 46 articles, working with
First Nations
First Nations or first peoples may refer to:
* Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area.
Indigenous groups
*First Nations is commonly used to describe some Indigenous groups including:
**First Natio ...
,
Métis
The Métis ( ; Canadian ) are Indigenous peoples who inhabit Canada's three Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United States. They have a shared history and culture which derives ...
, and
Inuit
Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territories ...
peoples. A key element is requiring
free, prior and informed consent
Free, prior and informed consent (FPIC) is aimed to establish bottom-up participation and consultation of an indigenous population prior to the beginning of development on ancestral land or using resources in an indigenous population's territory. I ...
(FPIC) with the Indigenous peoples.
It also requires an action plan within two years of its passage to achieve the declaration's objectives, and an annual report on progress made.
The legislation is part of the government's response to a recommendation from the
Truth and Reconciliation Commission
A truth commission, also known as a truth and reconciliation commission or truth and justice commission, is an official body tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state act ...
(TRC) to adopt and implement UNDRIP as the framework for reconciliation.
It also responds to the
National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG).
The
Assembly of First Nations
The Assembly of First Nations (AFN) is an assembly of Canadian First Nations (Indian bands) represented by their chiefs. Established in 1982 and modelled on the United Nations General Assembly, it emerged from the National Indian Brotherhood, wh ...
Chief
Perry Bellegarde
Perry Bellegarde (born August 29, 1962; Little Black Bear First Nation) is a Canadian First Nations advocate and politician who served as National Chief of the Assembly of First Nations from December 10, 2014, to July 8, 2021. , noted that while the bill was not perfect, welcomed and supported the legislation.
The bill had the support of 37 Indigenous Nations and governments and other organizations, and 125 human rights advocates.
History
Canada and the UNDRIP
UNDRIP was passed by the
UN General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
in 2007, with Canada voting against it under a
Conservative government Conservative or Tory government may refer to:
Canada
In Canadian politics, a Conservative government may refer to the following governments administered by the Conservative Party of Canada or one of its historical predecessors:
* 1st Canadian Mi ...
. In November 2010, the Conservative government publicly reversed its position, asserting its support for the declaration as an "aspirational document" In May 2016,
Crown-Indigenous Relations Minister Carolyn Bennett
Carolyn Ann Bennett (born December 20, 1950) is a Canadian physician and politician who has served as minister of mental health and addictions, and associate minister of health since October 26, 2021. A member of the Liberal Party, she has repre ...
officially removed Canada's objector status to UNDRIP at the United Nations.
Roméo Saganash's failed Bill C-262
Bill C-262 was introduced on April 21, 2016 as a
private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...
by
NDP
NDP may stand for:
Computing
* Neighbor Discovery Protocol, an Internet protocol
* Nortel Discovery Protocol, a layer two Internet protocol, also called SONMP
* Nondeterministic programming, a type of computer language
Government
* National Deve ...
MP
Roméo Saganash
Diom Roméo Saganash (born October 28, 1961) is a Cree lawyer and former politician from Canada. Saganash served as the member of Parliament (MP) for Abitibi—Baie-James—Nunavik—Eeyou in Quebec from 2011 to 2019. A member of the New Demo ...
to implement the UN's resolution. Although Prime Minister Trudeau had campaigned in 2015 on the promise to implement the declaration, the Liberal government was not initially supportive, publicly declaring its implementation into Canadian law as "unworkable."
In November 2016, however, the government reversed this position, endorsing Bill-262.
Nevertheless, Bill C-262 "died on the order paper" in the senate during a Conservative
filibuster
A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
.
Bill C-15
In December 2019, the
Liberal Party of Canada
The Liberal Party of Canada (french: Parti libéral du Canada, region=CA) is a federal political party in Canada. The party espouses the principles of liberalism,McCall, Christina; Stephen Clarkson"Liberal Party". ''The Canadian Encyclopedia'' ...
's
throne speech
A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining th ...
following the
2019 federal election promised to implement UNDRIP within a year of its new mandate. The tabling of the bill was postponed in early 2020 due to the
rail blockade crisis.
On December 3, 2020, Minister of Justice David Lametti introduced the bill to the House of Commons where it passed its first reading.
It used the former Bill C-262 as a starting point, adding new language, provisions, and a purpose clause in collaboration with Assembly of First Nations,
Inuit Tapiriit Kanatami
Inuit Tapiriit Kanatami, (Inuktitut syllabics: , meaning "Inuit are united in Canada") previously known as the Inuit Tapirisat of Canada (Eskimo Brotherhood of Canada), is a nonprofit organization in Canada that represents over 65,000 Inuit acro ...
and the
Métis National Council
The Métis National Council (french: Ralliement national des Métis) is the representative body of the Métis people of northwestern Canada. The MNC represents the Métis Nation both nationally and internationally, receiving direction from the el ...
.
On February 17, 2021 Minister of Justice David Lametti moved that the bill be read the second time at the House of Commons and referred to parliamentary committee. By April 19, the house voted in favour of a second reading and be referred to committee.
On March 9, 2021 an open letter by the
Grand Council of the Crees
The Grand Council of the Crees (Eeyou Istchee) or the GCC(EI) (ᐄᔨᔨᐤ ᐊᔅᒌ in Cree), is the political body that represents the approximately 18,000 Cree people (who call themselves "Eeyou" or "Eenou" in the various dialects of East ...
(Eeyou Istchee) in support of the bill was published in ''
The Hill Times
''The Hill Times'' is a Canadian twice-weekly newspaper and daily news website, published in Ottawa, Ontario, which covers the Parliament of Canada, the federal government, and other federal political news. Founded in 1989 by Ross Dickson and Jim ...
'', urging its passage into law before parliament's session concludes.
The letter's full list of signatories comprises 37 Indigenous Nations, governments, and other organizations, as well as 125 human rights advocates.
On March 11, 2021 the
Standing Committee on Indigenous and Northern Affairs (INAN) held its first meeting on the bill. Witnesses included former NDP MP
Romeo Saganash
Diom Roméo Saganash (born October 28, 1961) is a Cree lawyer and former politician from Canada. Saganash served as the member of Parliament (MP) for Abitibi—Baie-James—Nunavik—Eeyou in Quebec from 2011 to 2019. A member of the New Demo ...
, the author of the bill's predecessor, C-262.
On April 26, 2021 the INAN produced its committee report studying the bill with amendments.
The adjustments included references to
systemic racism
Institutional racism, also known as systemic racism, is a form of racism that is embedded in the laws and regulations of a society or an organization. It manifests as discrimination in areas such as criminal justice, employment, housing, healt ...
, that
doctrines of discovery and ''
terra nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land".
It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it.
:
:
...
'' are racist, and shortened the time limit for the action plan from three years to two.
On June 10, 2021 the Standing Senate Committee on Aboriginal Peoples, after the bill passed its first and second readings in the senate, released its report without any amendments but with observations.
The senate passed the bill's third reading on June 16, 2021 without any amendment and received Royal Assent on June 21.
Criticism
Although the bill requires Free Prior and Informed Consent, it does not explicitly provide a definition.
This caused concern from various groups, including politicians and Indigenous leaders. Without a clear definition, some feared it would allow individuals to veto developments that are in the national interest and others feared that without a veto it is not true consent.
Idle No More
Idle No More is an ongoing protest Social movement, movement, founded in December 2012 by four women: three First Nations in Canada, First Nations women and one non-Native ally. It is a grassroots movement among the Indigenous peoples in Canad ...
, an Indigenous rights organization, along with two other Indigenous groups rejected bill C-15 outright, asserting it is an attack on Indigenous sovereignty and self-determination.
Russ Diabo, a former advisor to two national chiefs at the Assembly of First Nations, described the bill as, "the Prime Minister
..attempting his own version of the
White Paper
A white paper is a report or guide that informs readers concisely about a complex issue and presents the issuing body's philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision. A white paper ...
".
Diabo criticized the bill's lack of Indigenous consultation, claiming it uses language designed to mislead Indigenous people, and that the, "UN declaration will be interpreted and implemented through the colonial Canadian constitutional framework, instead of respecting international law regarding the rights of Indigenous Peoples".
See also
*
CARE Principles for Indigenous Data Governance
The CARE Principles for Indigenous Data Governance were created to advance the legal principles underlying collective and individual data rights in the context of the United Nations Declaration on the Rights of Indigenous Peoples Act (Canada), Uni ...
Notes
References
{{reflist
43rd Canadian Parliament
Canadian federal legislation
Indigenous politics in Canada
Truth and Reconciliation Commission of Canada
Missing and Murdered Indigenous Women and Girls movement