Introduction to the United Nations Declaration on the Rights of Indigenous Peoples and Setting the Context for this Report

“We are creating a renewed relationship with First Nations, Inuit, and the Métis Nation – based on recognition of rights, respect, collaboration, and partnership. While we ceaselessly address longstanding inequalities in housing, health care, education, and more, the UN Declaration Act is the transformative, integral piece that supports every facet of this critical work. We are making progress, but there is still much work to be done. We are unwavering in our pursuit of equality for all.”

— The Rt. Hon. Justin Trudeau, Prime Minister of Canada

The United Nations Declaration on the Rights of Indigenous Peoples (the “UN Declaration”) is a comprehensive international human rights instrument addressing the rights of Indigenous peoples around the world, adopted by the United Nations General Assembly in September 2007.

As a comprehensive statement that describes the collective and individual rights of Indigenous peoples, the UN Declaration outlines the minimum standards essential for the cultural survival, dignity, and well-being of Indigenous peoples around the world. The Declaration covers a wide range of civil, political, economic, social and cultural rights. These rights generally reflect the international human rights obligations set out in international human rights treaties to which Canada is a party.

These include rights related to:

The UN Declaration is the result of almost 25 years of work and collaboration between United Nations Member States and Indigenous peoples from around the world, including Indigenous leaders from Canada, who played a significant role in its development, including drafting and negotiating.

In 2016, the Government of Canada endorsed the UN Declaration without qualification and committed to its full and effective implementation. This endorsement confirmed Canada’s commitment to a renewed, nation-to-nation, Inuit-Crown and government-to-government relationships with Indigenous peoples – a relationship based on recognition of rights, respect, co-operation and partnership.

United Nations Declaration on the Rights of Indigenous Peoples Act

“The path to a better Canada is truth – a true and honest story of lived experience – and reconciliation, or wītaskīwin – Cree for restoring good relations founded on respect and peaceful co-existence. Through wītaskīwin, the goal is upintowin – “lifting each other up”. For true Reconciliation, it will take all of us working together.”

– Grand Chief Wilton Littlechild

Article 38 of the UN Declaration notes that, “States, in consultation and cooperation with Indigenous peoples shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration”.

Consistent with Article 38, the United Nations Declaration on the Rights of Indigenous Peoples Act (the Act) came into force on June 21, 2021, providing a framework for the Government of Canada’s implementation of the UN Declaration. The Act was developed collaboratively and in partnership with Indigenous peoples. This ongoing collaboration provides a solid foundation for implementation, and provides guidance for future consultation and cooperation with Indigenous peoples. This legislation advances the implementation of the UN Declaration as a key step in renewing the Government of Canada’s relationship with Indigenous peoples and enabling Indigenous peoples to fully and effectively exercise their human rights.

The implementation of the Act will help to advance the joint work needed to implement the Declaration at the federal level in Canada, forging stronger relationships with Indigenous peoples and advancing reconciliation. By contributing to the protection and promotion of the human rights of Indigenous peoples, implementation of the UN Declaration is meant to confront the legacy of Canada’s colonial history and build a better future together.

The implementation of the Act continues the Government of Canada’s commitment to respond to the Truth and Reconciliation Commission’s Call to Action 43 and 44. Additionally, implementing the Act responds to the Call for Justice 1.2 from the National Inquiry into Missing and Murdered Indigenous Women and Girls Final Report.

This Act requires the Government of Canada, in consultation and cooperation with Indigenous peoples, to:

The action plan must be completed by June 2023, within two years after the Act’s coming into force, in consultation and cooperation with Indigenous peoples. After it is completed, the action plan must be tabled in each House of Parliament and then made public pursuant to section 6. The following timeline outlines the steps to meeting these obligations. It may need to be adjusted over the consultation and cooperation period:

Timeline

Purpose and scope of annual reporting

Section 7 of the Act requires the Minister of Justice to, in consultation and cooperation with Indigenous peoples, report annually on progress in relation to “the measures taken under section 5 and the preparation and implementation of the action plan referred to in section 6”. These annual reports provide transparency and ensure accountability for the work to implement the Act as it progresses.

This first report outlines progress made between June 2021 and March 2022 towards ensuring the consistency of laws and development of the action plan in consultation and cooperation with Indigenous peoples. This period included the creation of the United Nations Declaration on the Rights of Indigenous Peoples Act Implementation Secretariat at the Department of Justice Canada, a new multi-disciplinary team, 60% of whom self-identify as First Nations, Inuit or Métis, which is now leading the federal implementation of the Act.

The Department of Justice Canada acknowledges that the extent of consultation and cooperation in the development of the first report has been limited, and looks forward to being able to undertake greater consultation and cooperation in future years. Including through our work to develop the UN Declaration action plan in the coming year. Subsequent reports will reflect further progress made on the action plan and measures for ensuring the consistency of laws with the UN Declaration during the preceding year.

This first annual report is also intended to provide context to better understand how the Government of Canada is transforming its relationship with Indigenous peoples, including by providing an overview of some of the key measures that are already underway across the federal government through the lens of different articles and thematic areas of the UN Declaration.

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