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United Nations Declaration on the Rights of Indigenous Peoples Act (Canada)

The United Nations Declaration on the Rights of Indigenous Peoples Act[a] (French: Loi sur la Déclaration des Nations Unies sur les droits des peuples autochtones, also known as UNDA or formerly Bill C-15) is a law enacted by the Parliament of Canada and introduced during the second session of the 43rd Canadian Parliament in 2020.[1] 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 (UNDRIP).[2][3]

United Nations Declaration on the Rights of Indigenous Peoples Act
Parliament of Canada
  • An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples
CitationS.C. 2021, c. 14
Passed byHouse of Commons
PassedMay 25, 2021
Passed bySenate
PassedJune 16, 2021
Royal assentJune 21, 2021
CommencedJune 21, 2021
Legislative history
First chamber: House of Commons
Bill titleBill C-15
Introduced byDavid Lametti, Minister of Justice
First readingDecember 3, 2020
Second readingApril 19, 2021
Third readingMay 25, 2021
Second chamber: Senate
Bill titleBill C-15
First readingMay 25, 2021
Second readingJune 3, 2021
Third readingJune 16, 2021
Status: In force

The law requires the federal government to ensure Canadian law is consistent with the declaration's 46 articles, working with First Nations, Métis, and Inuit peoples. A key element is requiring free, prior and informed consent (FPIC) with the Indigenous peoples.[4] 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.[2][3] Two years later, in 2023, the action plan was published by the Government of Canada.

The legislation is part of the government's response to a recommendation from the Truth and Reconciliation Commission (TRC) to adopt and implement UNDRIP as the framework for reconciliation.[5][4] It also responds to the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG).[5]

Then Assembly of First Nations Chief Perry Bellegarde noted that, while the bill at the time was not perfect, he welcomed and supported the legislation.[2][6]

When introduced as a bill, it had the support of 37 Indigenous Nations and governments and other organizations, and 125 human rights advocates.[7]

Action Plan

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On June 21, 2023, exactly two years after the act came into force, the Action Plan was released and available on the Government of Canada's website.[8]

History

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Canada and the UNDRIP

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UNDRIP was passed by the UN General Assembly in 2007, with Canada voting against it under a Conservative government.[9] In November 2010, the Conservative government publicly reversed its position, asserting its support for the declaration as an "aspirational document"[10] In May 2016, Crown-Indigenous Relations Minister Carolyn Bennett officially removed Canada's objector status to UNDRIP at the United Nations.[11]

Roméo Saganash's failed Bill C-262

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Bill C-262 was introduced on April 21, 2016 as a private member's bill by NDP MP Roméo Saganash to implement the UN's resolution. Although Prime Minister Trudeau had campaigned in 2015 on the promise to implement the declaration,[12] the Liberal government was not initially supportive, publicly declaring its implementation into Canadian law as "unworkable."[13] In November 2016, however, the government reversed this position, endorsing Bill-262.[13] Nevertheless, Bill C-262 "died on the order paper" in the senate during a Conservative filibuster.[14]

Bill C-15

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In December 2019, the Liberal Party of Canada's throne speech following the 2019 federal election promised to implement UNDRIP within a year of its new mandate.[15] The tabling of the bill was postponed in early 2020 due to the rail blockade crisis.[16]

On December 3, 2020, Minister of Justice David Lametti introduced the bill to the House of Commons where it passed its first reading.[2] 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 and the Métis National Council.[5]

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.[17] 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 (Eeyou Istchee) in support of the bill was published in The Hill Times, urging its passage into law before parliament's session concludes.[18][7] The letter's full list of signatories comprises 37 Indigenous Nations, governments, and other organizations, as well as 125 human rights advocates.[7][18]

On March 11, 2021 the Standing Committee on Indigenous and Northern Affairs (INAN) held its first meeting on the bill.[19] Witnesses included former NDP MP Romeo Saganash, the author of the bill's predecessor, C-262.

On April 26, 2021 the INAN produced its committee report studying the bill with amendments.[20] The adjustments included references to systemic racism, that doctrines of discovery and terra nullius are racist, and shortened the time limit for the action plan from three years to two.[20]

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.[1][21] The senate passed the bill's third reading on June 16, 2021 without any amendment and received Royal Assent on June 21.[1]

Criticism

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Although the act requires Free Prior and Informed Consent, it does not explicitly provide a definition.[22][23] 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.[22][24]

Idle No More, an Indigenous rights organization, along with two other Indigenous groups rejected the bill C-15 outright, asserting it is an attack on Indigenous sovereignty and self-determination.[25] 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".[25] 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".[26]

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See also

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Notes

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  1. ^ Full title: An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples

References

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  1. ^ a b c "LEGISinfo - House Government Bill C-15 (43-2)". www.parl.ca. Retrieved 2020-12-04.
  2. ^ a b c d "Liberals introduce bill to implement UN Indigenous rights declaration | CBC News". CBC. Retrieved 2020-12-04.
  3. ^ a b Dec 3, Linsey Raschkowan Published on; 2020 5:37pm (2020-12-03). "Proposed bill would bring Canadian law in line with UNDRIP". iPolitics. Retrieved 2020-12-04.{{cite web}}: CS1 maint: numeric names: authors list (link)
  4. ^ a b Kirkup, Kristy (2020-12-03). "Liberals table bill to implement United Nations Declaration on the Rights of Indigenous Peoples". The Globe and Mail. Retrieved 2020-12-04.
  5. ^ a b c Canada, Department of Justice. "Government of Canada introduces legislation respecting the United Nations Declaration on the Rights of Indigenous Peoples". www.newswire.ca. Retrieved 2020-12-04.
  6. ^ Alhmidi, Maan (2020-12-03). "Liberals table bill to implement UN Declaration on the Rights of Indigenous Peoples". Toronto Star. Retrieved 2020-12-04.
  7. ^ a b c Grand Council of the Crees (Eeyou Istchee) (2021-03-10). "Indigenous Nations, organizations and prominent individuals support federal implementation of UN Indigenous rights Declaration". www.newswire.ca. Retrieved 2021-03-13.
  8. ^ Canada, Department of Justice (2023-06-21). "An important step in upholding the human rights of Indigenous peoples in Canada". Government of Canada. Retrieved 2024-06-23.
  9. ^ "Globe editorial: The Liberals are about to pass an UNDRIP bill, and they'd rather not say what it means". Retrieved 2021-06-12.
  10. ^ "Canada endorses indigenous rights declaration". Retrieved 8 July 2021.
  11. ^ Cheadle, Bruce (2016-05-12). "Canada now full supporter of UN Declaration on Rights of Indigenous Peoples, Bennett says". Toronto Star. Retrieved 2020-12-04.
  12. ^ Brake, Justin (Jun 24, 2019). "'Let us rise with more energy': Saganash responds to Senate death of C-262 as Liberals promise, again, to legislate UNDRIP". APTN National News. Retrieved 8 July 2021.
  13. ^ a b Tasker, John Paul (Nov 21, 2017). "Liberal government backs bill that demands full implementation of UN Indigenous rights declaration". CBC News. Retrieved 8 July 2021.
  14. ^ Smith, Marie-Danielle (2019-06-20). "Dozens of bills, including on sexual assault and UNDRIP, die in Senate amid Conservative filibuster". The National Post. Retrieved 2020-12-04.
  15. ^ Bell, Jim (2019-12-06). "Liberals promise to table UNDRIP law within one year". Nunatsiaq News. Retrieved 2020-12-04.
  16. ^ "Liberals postponing planned tabling of UNDRIP bill because of blockade crisis, says Mohawk chief | CBC News". CBC. Retrieved 2020-12-04.
  17. ^ "Debates (Hansard) No. 60 - February 17, 2021 (43-2) - House of Commons of Canada". www.ourcommons.ca. Retrieved 2021-03-14.
  18. ^ a b "UN Declaration on the Rights of Indigenous Peoples and Bill C-15". The Grand Council of the Crees (Eeyou Istchee). 2021-02-05. Retrieved 2021-03-13.
  19. ^ "Minutes - INAN (43-2) - No. 22 - House of Commons of Canada". www.ourcommons.ca. Retrieved 2021-03-14.
  20. ^ a b "Committee Report No. 8 - INAN (43-2) - House of Commons of Canada". www.ourcommons.ca. Retrieved 2021-04-29.
  21. ^ "Observations to the third report of the Standing Senate Committee on Aboriginal Peoples (Bill C-15)" (PDF). Senate of Canada. 2021-06-10. Retrieved 2021-06-12.
  22. ^ a b Alhmidi, Maan (2021-02-11). "Ottawa to define 'prior consent' through dialogue with First Nations: Lametti". The Abbotsford News. Retrieved 2021-03-13.
  23. ^ "UN declaration to help First Nations achieve self-determination: Bellegarde". The Toronto Star. 2021-02-10. Retrieved 2021-03-13.
  24. ^ "UNDRIP legislation could spell more certainty for resource development". magazine.cim.org. Retrieved 2021-03-13.
  25. ^ a b "Indigenous Networks and Land Defenders call to Reject Bill C-15 – idlenomore.ca". Retrieved 2021-03-13.
  26. ^ Diabo, Russ (2020-12-21). "Federal UNDRIP Bill C-15 is an attack on Indigenous sovereignty and self-determination: Opinion". APTN News. Retrieved 2021-03-13.


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