Liberals introduce bill to implement UN Indigenous rights declaration

The Liberal government has introduced legislation that will begin the process of bringing Canadian law into alignment with the United Nations Declaration on the Rights of Indigenous People (UNDRIP).

Justice Minister David Lametti, whotabled Bill C-15 in the House of Commons today,said the bill would chart a path forward forimplementing the individual and collective rights setout in the declaration.

"Working with First Nations, Inuit and Mtispeoples to implement the declaration and create a framework to achieve its objectives is a statement that the Government of Canadavalues, respects and promotes the human rights of all, and not just some," said Lametti at a press conference alongside Indigenous leaders.

"The legislation is a significant step forward on the shared path to reconciliation for Indigenous and non-Indigenous peoples alike."

If passed, the bill would require the federal government to ensure that the laws of Canada are consistent with the declaration's 46 articles.

The bill alsowould require the federal government to prepare an action plan within three years of the bill's passageto achieve the declaration's objectives,and totable an annual report detailing progress made.

WATCH | AFN national chief praises UNDRIP bill

AFN national chief responds to UNDRIP draft bill

4 years ago

Duration 1:06

Assembly of First Nations Chief Perry Bellegarde praised the introduction of legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples.

A step forward for reconciliation

UNDRIPwas passed by the UN General Assembly in2007. Itaffirms the rights of Indigenous peoples to their language, culture, self-determination and traditional lands. It also establishes "minimum standards for the survival and well-being" of Indigenous people, according to the UN.

Crown-Indigenous Relations Minister Carolyn Bennett said the government bill is a response to the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls. Both called for municipal, provincial and federal governments to fully implement and comply with UNDRIP.

"We have a responsibility as a country to ensure that Indigenous rights are affirmed[and]that they are fully understood and respected," said Bennett.

At a technical briefing for reporters heldon the condition that theofficials involvednot be identified asenior government official said the bill is not written to make UNDRIP a part of federal law, but instead identifies the declaration as a human rights instrument that governments and courts can use to guide the development and interpretation of Canadian law.

WATCH | President of national Inuit organization says implementing UNDRIP will help to reduce discrimination

ITK president speaks about UNDRIP bill

4 years ago

Duration 1:57

Inuit Tapiriit Kanatami president Natan Obed says implementing UNDRIP in Canada could reduce discrimination against Inuit, Mtis and First Nations people.

Natan Obed, president ofInuit Tapiriit Kanatami,said implementing UNDRIPis an important step toward ending discrimination against Indigenous peoples because it recognizestheir distinct status and rights.

"It marks a positive departure from the past position of segregating our human rights into an imagined, separate underclass of rights," said Obed.

Assembly of First Nations Chief Perry Bellegarde praised the introduction of the legislation. He also saidthe three-year timelinefor tabling an action plan is too long.

"We've waited too long already. We don't want to wait another three years," said Bellegarde.

Bellegarde urged MPs to make improvements to the bill through the legislative process particularly by spelling out which government department would be responsible for UNDRIP's implementation, and by committing to a periodic review of the legislation.

By introducing the UNDRIP bill, the Liberals are fulfilling a promise dating back to 2016 when Bennett announced Canada would officially renounceits objectionsto the declaration at theUnited Nations.The party pledged during the2019 federal election to implement UNDRIPwithin the first year of a new mandate, but postponed tabling the bill earlier this year due to the rail blockade crisis.

Debate over meaning of consent

The proposed legislation is modelled on a private member's bill tabled by former NDP MP Romeo Saganashand passed by the House of Commons in 2018. Thatbill died when Parliament was dissolvedbefore last fall's election after Conservative senators warningit could haveunintended legal and economic consequences slowed its progress.

Opponents have argued that a clause in UNDRIP calling for "free prior and informed consent" from Indigenous peoplefor projects on traditional Indigenous land could block resource development. When stalling Saganash's bill,Conservative senators said they feared the legislation would grant Indigenous peoples a veto over such projects.

Lametti and the Indigenous leaders at Thursday's press conferencepushed back against that idea.

"The word veto does not exist in thedocument," Lametti said.

David Chartrand, national spokesperson for theMtis National Council, said the claim that Indigenous people seeking to be consulted on projects wantto kill industry is beingused as a "fearmongering" tactic.

"This is a blueprint for clarity," said Chartrand. "This is a better example for industryto know ... full well when they're putting their money to something [that]it's got the backing of not only Indigenous governments, but also the federal,provincial and all parties involved."