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

The United Nations Declaration on the Rights of Indigenous Peoples Act (also known as Bill C-15) is a proposed act of the Parliament of Canada and introduced during the second session of the 43rd Canadian Parliament in 2020.[1] It has passed its first reading. The legislation brings 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
Citationhttps://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=11007812
Considered byHouse of Commons
Legislative history
Bill published onDecember 3, 2020
Introduced byDavid Lametti, Minister of Justice
First readingDecember 3, 2020
Status: Pending

The bill would require 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 would also require an action plan within three years of its passage to achieve the declaration's objectives, and an annual report on progress made.[2][3]

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]

The Assembly of First Nations Chief Perry Bellegarde, while noting the bill isn't perfect, welcomes the legislation.[2][6]

History

UNDRIP was passed by the UN General Assembly in 2007, with Canada voting against it under a Conservative government. In May 2016, Crown-Indigenous Relations Minister Carolyn Bennett officially removed Canada's objector status to UNDRIP.[7]

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 however it "died on the order paper" in the senate during a Conservative filibuster.[8] The Liberal Party of Canada, during its throne speech following the 2019 federal election, promised to implement UNDRIP within a year of its new mandate.[9] The tabling of the bill was postponed in early 2020 due to the rail blockade crisis.[10]

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, robust provisions, and a purpose clause in collaboration with Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis National Council.[5]

References
  1. "LEGISinfo - House Government Bill C-15 (43-2)". www.parl.ca. Retrieved 2020-12-04.
  2. "Liberals introduce bill to implement UN Indigenous rights declaration | CBC News". CBC. Retrieved 2020-12-04.
  3. 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.
  4. 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. 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. 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.
  8. 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.
  9. Bell, Jim (2019-12-06). "Liberals promise to table UNDRIP law within one year". Nunatsiaq News. Retrieved 2020-12-04.
  10. "Liberals postponing planned tabling of UNDRIP bill because of blockade crisis, says Mohawk chief | CBC News". CBC. Retrieved 2020-12-04.
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