An analysis of how the United Nations' important Declaration on the Rights of Indigenous Peoples intersects with Canadian law.
The United Nations Declaration on the Rights of Indigenous Peoples establishes a framework for reconciliation, healing, and peace, as well as harmonious and cooperative relationships based on the values of justice, democracy, human rights, respect, non-discrimination, and good faith.
This Act introduces a long-term and actionable framework for government implementation of the Declaration in consultation and collaboration with Indigenous peoples. It assures continuous and ongoing efforts to protect Indigenous peoples' human rights now and in the future, as well as mechanisms to hold the federal government responsible. This act also responds to the Truth and Reconciliation Commission's Call to Action 43, as well as the National Inquiry into Missing and Murdered Indigenous Women and Girls' Justice Calls.
In this sense, the Act gives a clear vision for the future, ensuring that federal legislation reflects the Declaration's values and objectives while also preserving Aboriginal and Treaty rights recognized and supported by the Constitution.
Many of the rights declared in the Act are already mirrored in the Constitution, most notably in the Canadian Charter of Rights and Freedoms and in section 35 of the Constitution, which acknowledges and respects Aboriginal and treaty rights. The United Nations Declaration on the Rights of Indigenous Peoples Act does not modify the Constitution, but it acknowledges that the Declaration should influence how we read and interpret the Constitution.
This legislation and Canadian law accept that international human rights agreements, such as the Declaration, can be used to interpret the Constitution, which is a "living tree" that changes through time.
The Act, like other international human rights treaties or federal law, cannot change or replace the Canadian Constitution. They can, however, influence how the Constitution and the law are understood and evolved.
Lastly, the Declaration's implementation will influence how the government achieves these legal obligations in the future. It will do so in a way that increases clarity and confidence for Indigenous people and all.
By Sukhkaran Duggal
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