The United Nations Declaration On The Rights Of Indigenous Peoples In Canada: Bill C-15 Introduced

• Published date: 18 December 2020
• Subject Matter: Government, Public Sector, Human Rights, Indigenous Peoples
• Law Firm: Willms & Shier Environmental Lawyers LLP
• Author: Ms Julie Abouchar, Charles Birchall, John J.P. Donihee and Lauren Wortsman

On December 3, 2020, the federal government introduced Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act. ¹ If passed by Parliament, Bill C-15 will provide a roadmap for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP") in Canada.

THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

UNDRIP is a statement of principles adopted by the United Nations General Assembly in 2007.² UNDRIP is considered "the most comprehensive international instrument on the rights of Indigenous peoples.and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of Indigenous peoples."³

UNDRIP is frequently referenced in the natural resource development context as many rights contained in UNDRIP relate directly to resource development on Indigenous lands. For example, UNDRIP recognizes Indigenous peoples' right to

• own, use, develop and control their lands, territories and resources (Article 26)
• the conservation and protection of the environment (Article 29)
• participate in a fair, independent impartial, open, and transparent process to recognize and adjudicate the rights pertaining to their lands, territories, and resources. The process must give due recognition to Indigenous peoples' laws and traditions (Article 27)
• participate in decision-making in matters that would affect their rights through their own chosen representatives in accordance with their own procedures (Article 18), and
• States consulting and co-operating in good faith with Indigenous peoples in order to obtain their free and informed consent prior to the approval of any project affecting their lands, territories, or resources (Article 32).

In addition, UNDRIP addresses a broad range of individual and collective Indigenous rights beyond the resource development context, including rights to education, identity, health, employment, culture, and language. UNDRIP also affirms the right of Indigenous peoples to self-determination, and the right to pursue their own priorities in economic, social, and cultural development.⁴

UNDRIP is an international instrument that proclaims principles as a standard of achievement. It is not legally enforceable unless and until its principles are incorporated into Canadian law by domestic legislation or other means (e.g. through a treaty with an Indigenous government).⁵ Nevertheless, courts have indicated that UNDRIP can be used to...