A whole-of-government commitment to change how the federal public service works with Indigenous peoples

“Working toward healing past trauma and building strong relationships with First Nations, Inuit and Métis communities are priorities for the public service. We are committed to supporting the renewal of the Government of Canada’s relationship with Indigenous Peoples based on genuine reconciliation, healing and cooperative relations. Our work to align federal laws and policies with the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples will help establish stronger and renewed nation-to-nation, Inuit–Crown, government-to-government relationships with First Nations, Inuit and Métis peoples founded on the recognition of rights, respect, co-operation and partnership.”

– Janice Charette, Clerk of the Privy Council and Secretary to the Cabinet

The Government of Canada is committed to advancing reconciliation with Indigenous peoples through renewed nation-to-nation, Inuit-Crown and government-to-government relationships based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change. This includes continuing to change existing institutional structures and governance so that First Nations, Inuit and the Métis can build capacity to realize self-determination.

The federal government is in a significant period of transition in Crown-Indigenous relations. In transforming the way in which the federal public service works with Indigenous peoples, officials must act with honour, integrity, good faith, and fairness in all work that relates to Indigenous peoples. This is in keeping with the honour of the Crown, which is a fundamental constitutional principle that guides the conduct of the Crown in all of its dealings with Indigenous peoples, and the principles of the UN Declaration.

Implementation of the UN Declaration also requires transformative change in the Government of Canada’s relationship with Indigenous peoples. As part of this transformative change, the federal government is continuing to accelerate progress on reconciliation and upholding Indigenous peoples’ right to self-determination.

This is truly a whole of government effort. Notably, all mandate letters issued in 2021 call upon Ministers to implement the UN Declaration and to work in partnership with Indigenous peoples to advance Indigenous rights. This reflects the need for all Departments and agencies to continue to advance Canada’s commitment to transforming the way the public service works with Indigenous peoples through innovative and flexible policy and legislative approaches.

Early efforts to reflect the UN Declaration in federal laws and policies

The UN Declaration sets out the minimum standards for States to work in partnership with Indigenous peoples. Articles 18 and 19 of the UN Declaration recognize and affirm the right of Indigenous peoples to participate in decision-making in matters that affect their rights, and requires States to consult and cooperate with Indigenous peoples in good faith to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures which would affect their rights.

In 2020 and 2021, the Department of Justice Canada worked together with Indigenous peoples through their representative organizations to advance the UN Declaration Act, thereby putting in place a legislated framework for all of the Government of Canada’s work toward implementation of the UN Declaration.

Even before the development of the Act, the Government of Canada had taken a range of measures that contribute to renewed relationships and were aligned with both section 35 of the Constitution and with the UN Declaration. In addition to the UN Declaration Act, references to the UN Declaration have also been included in the following federal laws:

In 2019, the First Nations Summit and the governments of Canada and British Columbia endorsed the Recognition and Reconciliation of Rights Policy for treaty negotiations in British Columbia, which in turn endorsed the UN Declaration as a foundation of the British Columbia treaty negotiations framework.

Also in 2019, Canada and representatives from 25 Self-governing Indigenous governments released the co-developed Collaborative Self-Government Fiscal Policy and its associated methodologies to fund the areas of responsibility of self-governing Indigenous governments. Released in 2019, the policy’s funding methodologies are based on self-governing Indigenous governments’ actual expenditure needs rather than linking to previous funding levels under the Indian Act. The policy aims to empower Indigenous governments to implement their rights to economic, social and cultural development.

The collaborative work to develop the National Action Plan and Federal Pathway in response to the Missing and Murdered Indigenous Women and Girls Inquiry was also another important measure through which Canada advanced implementation of the rights of Indigenous women, girls and Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual (2SLGBTQQIA+) people and also serves as an important frame for the development of laws and policies going forward.

These are just a few of the measures the Government of Canada has already taken to start to advance the important work of implementing the UN Declaration in partnership with Indigenous peoples, while recognizing that the UN Declaration action plan will provide a roadmap of the legislative and policy measures required to advance this work.

Distinctions-based plus approaches

As the preamble to the UN Declaration Act recognizes, it is important to be mindful of the distinctions, or differences, between First Nations, Inuit and the Métis and to keep in mind the diversity of Indigenous peoples and individuals in Canada, including by taking a Gender-Based Analysis Plus (GBA+) or intersectional approach. In 2016, a distinctions-based approach to engagement formed the basis for the establishment of several permanent bilateral mechanisms between Canada and First Nations, Inuit and Métis Nation leaders. These mechanisms identify joint priorities and monitor progress of Government initiatives. They operate through committees of senior federal government and Indigenous government and representative body officials, and working groups. The work of these mechanisms includes moving towards shared accountabilities and creating new avenues to centre Indigenous rights in policy, program and legislative measures and service delivery.

The preamble to the UN Declaration Act also recognizes the urgent need to respect and promote the rights of Indigenous peoples affirmed in treaties, agreements and other constructive arrangements, and that those treaties, agreements and arrangements can contribute to the implementation of the Declaration. In this spirit, and in addition to the three permanent bilateral mechanisms, a Canada - Modern Treaty and Self-Governing First Nations Forum was held in 2017 and 2019 to advance key priorities to strengthen the implementation of Modern Treaties and Self-Governing Agreements. This political-level forum promotes the unique government-to-government relationships between the Government of Canada and Modern Treaty and Self-Governing First Nations.

Diverse voices

“Diligent implementation of the United Nations Declaration on the Rights of Indigenous Peoples will demand a whole-of-society acknowledgment, recognition and respect for the basic human rights, and the constitutionally-protected rights of the Indigenous Peoples of Canada, with particular protections for First Nations, Inuit, and Métis women, children, Two-Spirit and gender-diverse Indigenous peoples.”

– Melanie Omeniho, Présidente, Les Femmes Michif Otipemisiwak

The preamble and section 6 of the Act speak to diversity among Indigenous peoples, referring specifically to women, gender-diverse persons, Two-Spirit persons, persons with disabilities, Elders, and youth. In accordance with the Act and with Articles 21(2) and 22 of the UN Declaration, the Government of Canada is taking proactive steps to engage with historically underrepresented voices. These include Indigenous youth, children, Elders, persons with disabilities, women, and gender-diverse and 2SLGBTQQIA+ people on a wide range of initiatives, including the development of the action plan. This will be particularly important in ensuring that the action plan contains measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination.

Applying an intersectional GBA Plus lens to federal initiatives supports the inclusion of diverse groups within Indigenous communities by promoting consideration of gender and diversity impacts on increasing inclusive outcomes responsive to the needs of various groups and sub-groups.

In light of the above, in addition to partnering with Indigenous rights holders and representative organizations, the Department of Justice Canada has sought to engage Indigenous women’s advocacy organizations and other organizations reflecting a diversity of Indigenous perspectives on the work on action plan development.

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