Bill C-15: An Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples

Senate

Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples

Senate Committee Appearance

Speech #1 – 6 minutes

Minister of Justice

May 2021

Hello, I am pleased to have the opportunity today to speak at Senate Committee with respect to Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

I would like to begin by acknowledging and paying respect to the Algonquin people, from whose traditional territories I am joining you from virtually.

I would like to take a moment to acknowledge the work of Parliamentarians and Indigenous leaders to advance implementation of the Declaration.

In particular, I want to recognize the work of former colleague Romeo Saganash who introduced Private Member’s Bill C-262, which provided the floor or basis for engagement leading to the development of C-15.

This engagement included a number of virtual sessions, undertaken on a broadly regional and distinctions basis. We received invaluable input from modern treaty and self-governing nations, rights holders, treaty partners, Indigenous youth and national and regional Indigenous organizations, including those representing Indigenous women and Two-Spirit and gender-diverse people. All of this input helped shape Bill C-15.

This brings us now to the key elements of the Bill, including recent amendments made by the Standing Committee on Indigenous and Northern Affairs. The Bill makes a number of important statements in the preamble. This includes acknowledging the importance of the Declaration as a framework for reconciliation, healing and peace; recognizing inherent rights; acknowledging the importance of respecting treaties and agreements; and emphasizing the need to take diversity across and among Indigenous peoples into account in implementing the legislation.

New additions to the preamble include references to “racism and systemic racism” as part of addressing injustices, prejudice and discrimination. This change was also made in clause 6 of the Bill. These amendments recognize the need to take concrete measures to address injustices and discrimination as well as racism and systemic racism faced by Indigenous peoples.

Related to these objectives, the addition of a direct reference to the doctrines of discovery and terra nullius as being amongst the types of doctrines that have no place in informing our ongoing relationship with Indigenous peoples, is a key enhancement to the preamble.

Finally, a third amendment to the preamble provides further context for the Bill, recognizing that in affirming and upholding constitutionally-protected Aboriginal and treaty rights, these rights are not frozen but can grow and evolve. Each of these amendments to the preamble reflect priorities identified by Indigenous partners and enhance the Bill.

Bill C-15 recognizes that international human rights instruments such as the Declaration can be used as tools to interpret Canadian law. This means that the human rights standards they outline can provide relevant and persuasive guidance to officials and courts.

While this does not mean that the Declaration can be used to override Canadian laws, it does mean that we can look to the Declaration to inform the process of developing or amending laws, and as part of interpreting and applying them. This principle is particularly reflected in clause 4.

By requiring the Government of Canada to: take measures to align federal law with the Declaration (clause 5); develop an action plan in consultation and cooperation with Indigenous peoples, which in light of recent amendments is now work we plan to address within a 2 year timeframe rather than 3 years (clause 6); and an obligation to report to Parliament annually on progress (clause 7), Bill C-15 paves a clear path to stronger, more resilient relationships between the Government and Indigenous peoples.

Moving forward on this path will require collaborative work to identify how the rights and standards expressed in the Declaration will be put into practice. This includes key elements of the Declaration like free, prior and informed consent.

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Flowing from the right to self-determination, free prior and informed consent, as it appears in various articles of the Declaration, speaks to the importance of the meaningful participation of Indigenous peoples, through their own processes, in decisions and processes which affect them, their rights and their communities.

Free, prior and informed consent is about working together to build consensus through dialogue and other mechanisms and enabling Indigenous peoples to meaningfully influence decision-making; it is not about a unilateral veto over government decision-making. FPIC does not remove or replace government decision-making authority.

After all, human rights and their associated obligations and duties, including those in the Declaration, are not absolute. The Declaration itself emphasizes that the rights of Indigenous Peoples – individual and collective – are to be enjoyed on an equal basis as those of others.

Different initiatives will have different impacts on Indigenous peoples’ rights and call for different types of approaches.

As a result, free, prior and informed consent may require different processes or new, creative ways of working together to ensure meaningful and effective participation in decision-making.

When Indigenous peoples have a seat at the table for decisions that may affect their communities, we are respecting their rights, and encouraging stronger economic development and outcomes for all.

As we work to implement the Declaration federally and support Indigenous peoples’ inherent right to self-determination, we will help develop a stronger, more sustainable, and predictable path for Indigenous peoples, the Government of Canada and industry.

We are ready to work with all levels of government, Indigenous peoples and other sectors of society to achieve the Declaration’s goals.

Over time, implementing the Declaration will deepen shared understanding and respect of one another and towards our shared resources, while creating stronger and healthier Indigenous communities and contributing to economic growth. That means jobs and opportunities that benefit all, while protecting the land, air and water. It means building a brighter future and a better Canada for all.

Thank you