Year in recap: Action Plan

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Action Plan development and release

A What We Learned to Date report and a draft action plan were released for consideration on March 23, 2023. The draft action plan contained 101 measures over three chapters dedicated to: Shared Priorities; First Nations Priorities; and Métis Priorities.

Many Indigenous partners provided feedback on the measures included in the draft. Some were engaged with departments in co-developing measures, some were engaged in conversations about how the measures could be strengthened, while others provided submissions for consideration by departments. Between the release of the draft and final Action Plan on June 21, 2023, 80 new measures were added to the Action Plan, including distinct chapters responding to Inuit and Modern Treaty partner priorities. These measures were either directly co-developed with partners or were supported by various submissions.

Justice Canada worked intensively from April to June with a number of federal departments to convene over 100 bilateral meetings, thematic sessions, and roundtables to seek input on and further refine the Action Plan. Over 65 partners submitted feedback on draft measures, though not all of them were received in time to be considered in the development of the Action Plan.

Submissions, whether received before or after the Action Plan was finalized, were shared directly with relevant departments. Regardless of when submissions were received, departments are being encouraged to consider all submissions and to reach out to partners whose priorities intersect with their mandates to ensure that Indigenous organizations whose priorities align with Action Plan measures are included throughout the process of implementation.

While the timelines and resources available to Indigenous partners posed challenges and frustrations in developing the draft action plan, several partners expressed having a positive experience working with the Government of Canada to develop the Action Plan. Some Indigenous partners mentioned that they appreciated the flexibility gained by the use of confidentiality agreements to share sensitive documents while others spoke about collaborating on the development of specific Action Plan measures.

For example, the Indigenous Caucus of the Indigenous Advisory and Monitoring Committee (IAMC), Transmountain Pipeline (TMX) explained how it worked closely, prior to the release of the Action Plan, with the Canada Energy Regulator (CER) and Natural Resources Canada (NRCan) to co-develop Shared Priorities measure 34. Further, the Indigenous Caucus of the IAMC TMX noted that, along with the Indigenous Caucus for the Line 3 IAMC, it facilitated a pipe ceremony in Tsuut’ina territory in February 2024 to guide the implementation work required under this measure. This ceremony was guided by Elders and involved representatives of the Indigenous Caucus, the CER and NRCan. In addition to the pipe ceremony, participants discussed how to coordinate work required under measure 34 and engaged in strategic planning regarding formalizing a leadership structure to ensure accountability in implementation.

While the co-development of Shared Priorities measure 34 is a success story, a number of Indigenous partners noted that it will be important that Indigenous peoples lead in the setting of goals and priorities for Action Plan measures and be properly resourced to do so to enhance the legitimacy of the process. Furthermore, while investments within federal government departments to help them advance this work are important, similar funding commitments need to be made to Indigenous organizations to allow them to fully participate in implementation.

Further to input received during this intensive period of consultation and cooperation, the Action Plan was expanded to include 181 measures that respond to a significant number of the 3,400 proposed measures received from over 150 Indigenous partners.

Indigenous partners’ perspectives on the development and release of the Action Plan

The Action Plan was tabled in Parliament on June 21, 2023, and included an event held with leaders of the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council alongside the Ministers of Justice, Crown-Indigenous Relations, and Northern Affairs.

At that event, leaders spoke about the hope for the future and the achievement that the Action Plan represents. They also acknowledged that much work remains and that the Government of Canada needs to remain accountable and responsive to the evolving priorities of Indigenous peoples.

In their respective announcements marking the release of the Action Plan, both Inuit Tapiriit Kanatami^{Footnote 2} and the Métis National Council^{Footnote 3} spoke to the collaborative work done in developing the Inuit and Métis chapters and acknowledged the importance of continued work on implementation.

Inuit Tapiriit Kanatami’s release reiterated that the UN Declaration outlines fundamental human rights and not aspirational goals. It went further to emphasize the critical role of co-developing an effective monitoring and enforcement mechanism (Shared Priorities, 19) to ensure that these rights are interpreted and enforced as legal rights.

The Assembly of First Nations’ statement^{Footnote 4} emphasized the need to take “immediate and concrete actions to ensure the UN Declaration’s effective implementation” including working with other levels of government. They also emphasized that this work needs to be led by First Nations.

We acknowledge there is a wide range and diversity of views and that not all Indigenous peoples expressed support for the Action Plan. For example, 16 Treaty Nations from Treaty 4, 6, 7, and 8 territories criticized the Action Plan^{Footnote 5}, as did some organizations representing the interests of Indigenous people living off-reserve^{Footnote 6} and some Indigenous women’s organizations. Some also expressed disappointment at not having been invited to the launch announcement.

Some of the criticisms included that the UN Declaration Act undermines Indigenous sovereignty while other groups wanted to see chapters dedicated to Historic Treaty partners and off-reserve and non-status Indigenous people.

As we continue along the journey of reconciliation, we will need to work together to foster open, honest and constructive dialogue about issues on which there are divergent perspectives, while also seeking to find points of agreement and common interest on the way forward.

“First Nations are not subjects of the Crown. We have a Treaty between our two sovereign nations. This Treaty does not make us Indians, it makes us First Nations with a treaty. UNDRIP does not, can not, and will not ever replace, rewrite, nor reinterpret the Treaty we already have. Our rights are based in our Sovereignty, not Canada’s assumed racial supremacy, not UNDRIP and not any colonial law.”

Jason Mercredi, Silent Drums Inc.

Action Plan implementation – key highlights

To prepare this report, Justice Canada requested information, in February 2024, from federal departments and agencies on Action Plan measure implementation in fiscal year 2023-24 (April 1, 2023, to March 31, 2024). The information requested included the current status of the measure, whether consultation and cooperation had taken place with Indigenous partners, links to other federal initiatives (e.g., Truth and Reconciliation Commission’s Calls to Action), and whether measures contained legislative or regulatory initiatives affecting the rights of Indigenous peoples.

Justice Canada received submissions from 43 federal departments and agencies related to 178 of the 181 Action Plan measures. This includes submissions from federal organizations that are not explicitly named in the Action Plan but are doing work to support or advance implementation of the Action Plan measures. The three measures for which no submissions were received (MT12 – Modern Treaty partner collaboration and FPIC on environmental legislation and policies, MT14 – Respecting Modern Treaties in land and land use planning legislation, policies, and programs, and MT16 – Upholding Modern Treaty partners’ rights across international borders) were due to ongoing work to identify the appropriate lead department.

While the work that has been completed to date is encouraging, departments have noted several factors that have contributed to delays, such as resource limitations, a need for greater clarity on departmental leads, and constraints on both federal and Indigenous peoples’ capacity.

Of the 178 Action Plan measures for which 43 departments and agencies provided submissions, 128 Action Plan measures (or approximately 71%) have at least some funding allocated toward implementation. However, we heard that multiple departments are encountering implementation challenges due to broader constraints around the availability of funding. Indigenous organizations have also shared concerns over a lack of predictable and sustainable funding to participate in implementation.

Despite some challenges, departments have been moving forward with implementation. Work continues to advance on 111 Action Plan measures for which initial work had started in advance of the Action Plan’s release. For a significant number of other Action Plan measures, planning has begun in earnest, while initial steps to advance implementation is still pending for 20 Action Plan measures.

The Action Plan measures highlighted below represent a sample of those where progress has been made. Most departments have been mobilizing internally, engaging, and seeking authorities/resources. The next 2 to 3 years are expected to see even greater progress on implementation of Action Plan measures. We look forward to working with federal government organizations and Indigenous partners over the coming year to continue bringing as much consistency as possible to the work being advanced towards the implementation of Action Plan measures.

For a detailed list of the status of Action Plan measures see Annex B.

Chapter 1 - Shared priorities

Measures for ensuring that the laws of Canada are consistent with the UN Declaration (Shared Priorities, 1 to 3)

Shared Priorities measures 1, 2 and 3 relate to measures for ensuring the consistency of federal laws with the UN Declaration:

• Shared Priorities measure 1 of the Action Plan is focused on tools, processes and/or guidance that can assist departments at various stages of the legislative/regulatory process
• Shared Priorities measure 2 calls on the Government of Canada to include a non-derogation clause in the Interpretation Act and an interpretive provision related to the UN Declaration
  • These legislative amendments are meant to ensure that federal legislation is interpreted in a way that does not diminish section 35 Constitutional rights and in a manner consistent with the rights in the UN Declaration
• Shared Priorities measure 3 emphasizes that for statutes that relate to the rights in the UN Declaration that are already subject to review processes, these reviews provide an opportunity to ensure consistency with the UN Declaration in consultation and cooperation with Indigenous peoples

As noted above in “Year in recap: consistency of laws,” Justice Canada has developed tools and training intended to provide interim guidance to federal departments to support their work to ensure consistency between federal laws and the UN Declaration. The advancement of Shared Priorities measures 1, 2 and 3 acknowledges the need for additional work with Indigenous peoples on these tools and guidance, including based on lessons learned and emerging best practices as departments continue to advance a range of legislative and regulatory initiatives intended to align federal legislation with the UN Declaration.

Additionally, some Indigenous organizations have identified the need to co-develop an understanding on what consultation and cooperation entails and how to undertake such processes consistently across federal departments and agencies. Integrating the consent of Indigenous peoples into this process, where appropriate, including in administrative decision-making, will require planning and resourcing, building shared understandings of governance and mechanisms for obtaining consent, as well as how the UN Declaration builds on other international human rights instruments.

Addressing injustices, prejudice, violence, systemic racism and discrimination (Shared Priorities, 4, 11, 12)

Employment and Social Development Canada leads on Shared Priorities measure 4 related to Canada’s Anti-Racism Strategy. In advancing its work, the department has consulted with several gender-based and intersectional Indigenous partners, including those representing 2SLGBTQI+ and persons with disabilities, as well as urban and off-reserve people. The department anticipates continued consultation which will include First Nations, Inuit, Métis, urban and off-reserve, rural, and northern, and non-status Indigenous organizations.

Women and Gender Equality Canada, which has a key role in implementing Shared Priorities measure 11 related to the federal 2SLGBTQI+ Action Plan, began undertaking broader engagements with several Indigenous 2SLGBTQI+ organizations and national Indigenous leaders and representatives. This work involved discussing roles, Indigenous community priorities, and implementation of the third priority area of the federal 2SLGBTQI+ Action Plan, which seeks to support Indigenous 2SLGBTQI+ resilience and resurgence.

To inform their consultation and cooperation strategy on Shared Priorities measure 12 related to protecting the safety and security of Indigenous women, girls and 2SLGBTQI+ persons in the resources development industry, Natural Resources Canada conducted relationship building and pre-engagement with Les Femmes Michif Otipemisiwak-Women of the Métis Nation; Native Women’s Association of Canada; and Pauktuutit Inuit Women of Canada. The department also undertook consultation and cooperation activities with the National Family and Survivors Circle, Elders and Two-Spirited persons.

“An issue that [the Ontario Native Women’s Association (ONWA)] understands, but the government does not, is when the government wants input from Indigenous peoples, they do not consider grassroots organizations, they only consider large national organizations. When they do this, they miss the voices of us Indigenous women, because the voices they include are typically from a single or a number of representatives, not a group of Indigenous women.”

UN Declaration Engagement participant, Ontario Native Women’s Association

Monitoring the implementation of the Action Plan and reviewing and amending the Action Plan

Annual Report on progress (Shared Priorities, 20)

Shared Priorities measure 20 lays out the Government of Canada’s commitment to annual reporting – as required under section 7 of the UN Declaration Act – in consultation and cooperation with Indigenous peoples and led by Justice Canada. In addition to reporting on the implementation of the UN Declaration Act and Action Plan, the measure commits the Government of Canada to report on:

1. Dismantling of the Indian Act and taking measures to recognize the self-determination of Indigenous peoples (See Annex D) as well as monitoring and evaluating the application and outcomes of GBA Plus (See Indigenous women, intersectional and gender-specific considerations section)
2. Actions taken pursuant to section 5 (See measures to ensure the consistency of laws section)
3. Developing metrics to ensure that useful measurements are being reported on

While work on dismantling the Indian Act and measures to ensure the consistency of laws are reflected in this report, only preliminary planning has begun on developing metrics with Indigenous peoples. It is critical to develop metrics and useful measurements in consultation and cooperation with Indigenous peoples to ensure that measurements reflect their recommendations.

We recognize that many departments are engaged in this work, notably Indigenous Services Canada, which is working to co-develop data strategies with First Nations, Inuit and Métis and has made significant progress in introducing “outcomes” indicators as part of its annual reporting. Justice Canada has had preliminary conversations with Indigenous organizations that have subject matter expertise in this area with the objective of creating a small technical working group to begin scoping the required work.

Monitoring the implementation of the Action Plan and reviewing and amending the Action Plan

Action Plan Advisory Committee (Shared Priorities, 22)

This measure commits the Government of Canada, led by Justice Canada, to establish an Action Plan Advisory Committee that will include First Nations, Inuit, and Métis experts selected by Indigenous governments and representative organizations. This committee is expected to be an important contributor to the overall implementation of the Shared Priorities chapter of the Action Plan, and some Indigenous peoples have recommended it include Elders and knowledge keepers. While implementation of this measure is still in the planning stage, preliminary conversations have begun with partners on next steps for implementing this measure, including committee composition and the need for expert selection as an initial step. It is anticipated that experts will be selected and appointed in 2024 so that the committee can begin its function as a valuable resource for implementation.

Self-determination, self-government, and recognition of treaties (articles 3, 4, 37)

Co-developing approaches to self-determination (Shared Priorities, 24)

In June 2023, legislation bringing into effect A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate received Royal Assent. The Treaty recognizes Whitecap as one of the "Aboriginal Peoples of Canada" and affirms the Whitecap Dakota Nation’s inherent right to self-government. The Treaty establishes new arrangements to modernize and renew the Whitecap Dakota Nation’s relationship with Canada and ensure Whitecap has increased control over their own affairs. This includes how Whitecap preserves, maintains, and enhances its culture and builds on its many successes in community, business, and economic development.

Improve the implementation of standalone self-government agreements (Shared Priorities, 26)

Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is continuing its ongoing co-development work with Self-Government Arrangement Holders to improve the implementation of stand-alone self-government arrangements. Over the course of the year, CIRNAC and Self-Government Arrangement Holders have continued to engage in regular discussions through the collective co-development table, for the purpose of scoping specific policy impediments that are impacting implementation. CIRNAC remains committed to advancing shared priorities and co-developing solutions to these impediments with Self-Government Arrangement Holders.

Indigenous Justice Strategy (Shared Priorities, 28)

The Government of Canada is developing, in consultation and cooperation with First Nations, Inuit and Métis, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. Given their key role and jurisdiction in relation to the administration of justice, this work is also being done in close collaboration with the provinces and territories.

To advance this priority, Justice Canada provided funding to 38 Indigenous governments, communities and organizations – reflecting a diversity of Indigenous perspectives - to undertake their own engagement with their members and citizens on what the Strategy could and should include. From November 2022 to December 2023, Justice Canada also engaged directly with a diverse representation of Indigenous voices, including Indigenous women, 2SLGBTQI+ people, Elders, youth, those residing in urban centres and those with lived experience in the justice system, through two waves of engagement. The outcome of the first wave of 26 virtual dialogue sessions are captured in a What We Learned Report accessible since September 2023 on the Justice Canada website.

The second wave of Justice Canada-led engagement consisted of in-person regional sessions and broader virtual gatherings that were held across the country. There were also 14 in-person sessions held in 11 federal correctional institutions and section 81 facilities.

To date, Indigenous partners have emphasized that this strategy must take a culturally-sensitive and gender-based approach in addressing issues that span across the justice system continuum, from prevention to re-integration. This includes crime prevention, restorative and Indigenous justice approaches, community-led alternatives to upholding community safety, revitalization of Indigenous justice systems and legal traditions, self-governance in the administration of justice and legislative reforms. Indigenous partners also expressed the importance of a funding structure that increases the access and availability of Indigenous-led, community-based alternatives, as well as a need for an increase in referrals to these programs as an important feature in reducing overrepresentation.

Justice Canada has also been working to obtain and share more reliable, disaggregated data to enable better tracking of trends in relation to Indigenous overrepresentation in the criminal justice system (see, for example, data available here). It is acknowledged that the Indigenous Justice Strategy must include a data component that will help to evaluate, based on evidence, whether the Strategy is having its intended effect. At present, the data continues to be pan-Indigenous. Canada will continue to focus on and build data that is distinctions-based in a manner that highlights data for First Nations, Inuit, and Métis.

Advancing Indigenous data sovereignty (Shared Priorities, 30)

The discussions around the complexities of Indigenous data sovereignty, led by seven federal organizations, are of utmost importance, given their intersection with other federal initiatives, such as economic reconciliation, climate change mitigation and adaptation and access to healthcare services, among others. Collaborative efforts, in partnership with Indigenous peoples, must be aimed at upholding their authority over how information is collected, used, stored, transmitted, and shared. This approach, which would be enriched with dialogues on data governance and protocols, is essential for sharing with provinces, territories, municipalities, and band councils considering their distinct information and privacy policies.

Through the Transformational Approach to Indigenous Data initiative, Indigenous Services Canada continues to support Indigenous partners in developing their data strategies and in strengthening their data capacity. This is expected to culminate in First Nations, Inuit, and Métis-led statistical capacity in the form of distinctions-based institutions, organizations, or functions that are structured and governed according to the unique needs and perspectives of each distinctions group.

The Canada Energy Regulator within NRCan is one of the lead agencies on Shared Priorities measure 34 and is also involved in supporting Indigenous data sovereignty. This agency implemented an evergreen service for access and control of First Nations, Inuit and Métis transcripts and audio files based on guidance provided from Elders from Treaty 7 and urban settings.

Lands, territories and resources (articles 10, 26, 27, 28, 30, 32)

Enhance collaborative tools agreements, and increase capacity (Shared Priorities, 36, 37, 38, and 41)

Project Finance for Permanence

Fisheries and Oceans Canada advanced collaborative efforts with First Nations and Inuit partners toward implementing Indigenous-led conservation models in the marine environment. The Project Finance for Permanence (PFP) initiative leverages government and private funding to support Indigenous-led conservation initiatives and brings together partners from Indigenous governments and communities, other levels of government, and the philanthropic community to work toward shared goals for protecting nature and halting biodiversity loss. The initiative is a collaborative effort that embodies the spirit of the UN Declaration. It fosters a partnership-based approach to conservation and sustainable development that respects and promotes the rights and well-being of Indigenous peoples in Canada with the objectives of protecting lands and waters, building community capacity, and contributing to healthy and equitable economies.

Rights Reconciliation Agreements

In Eastern Canada, in 2023, Fisheries and Oceans Canada (DFO), one of the lead departments on Shared Priorities measure 37, signed four Rights Reconciliation Agreements (RRA) and an addendum to an existing RRA with 13 First Nations. These agreements provide for the establishment of new collaborative management processes, to be implemented through joint committees and/or oversight boards and will be comprised of DFO and First Nations representatives, who will provide advice and recommendations to the Minister of Fisheries, Oceans and the Canadian Coast Guard and Chiefs on various fisheries activities and issues of interest.

Collaboration and innovation: Protecting Pacific salmon in xʔəl̓ilwətaʔɬ (Indian River) amidst B.C.’s 2023 drought conditions

Through the leadership of Indigenous peoples and other partners and organizations such as the Pacific Salmon Foundation, collaborative restoration work under Fisheries and Oceans Canada’s Pacific Salmon Strategy Initiative helped ensure that salmon populations were given a fighting chance to navigate the challenging conditions brought about by this year’s extreme drought. These collaborative efforts not only saved thousands of salmon but also provided valuable lessons for addressing future drought-related challenges. As we continue to grapple with the impacts of climate change, collaboration and innovative interventions like this play a key role in safeguarding the future of Pacific salmon in British Columbia.

Salmon collaboration in the Thompson-Shuswap

Collaborative undertakings like the Thompson Shuswap Salmon Collaborative (TSSC) are exactly what DFO’s Pacific Salmon Strategy Initiative is geared to support. Originally formed in 2021 by the Secwepemc Fisheries Commission, Fisheries and Oceans Canada and British Columbia’s Ministry of Water, Land and Resource Stewardship, the TSSC is a non-political, collaborative structure focused on proactively identifying, prioritizing and coordinating local salmon conservation and restoration actions. The TSSC is currently building an Integrated Salmon Ecosystem Plan for the Thompson-Shuswap area.

Civil and political rights (articles 6, 7, 9, 17, 33, 35, 36)

Indigenous Border Mobility (Shared Priorities, 52)

In March 2023, Prime Minister Trudeau and President Biden committed to working in partnership with First Nations, Inuit, and Métis in Canada and Tribal Nations and Alaska Native Villages in the United States to find solutions to the challenges that creating the international border between Canada and the US placed on Indigenous communities. Since then, Immigration, Refugees, and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) have been working to implement Shared Priorities measure 52.^{Footnote 7}

Over the course of the year, IRCC and CBSA engaged in nation-to-nation, Inuit-Crown, and government-to-government discussions about Indigenous border mobility. From October 2023 to February 2024, they invited Indigenous partners and the organizations that represent them to take part in Regional Roundtables and share their perspectives on border mobility^{Footnote 8} and engaged in bilateral, parallel discussions with First Nations, Inuit, and Métis partners. Following these consultation and cooperation activities, the report, “Indigenous Mobility and Canada’s International Borders: Reflecting back and looking forward” was published in March 2024.

Civil and political rights (articles 6, 7, 9, 17, 33, 35, 36)

Indigenous Community Corrections Initiative and reintegration (Shared Priorities, 61)

Public Safety Canada has renewed and expanded the Indigenous Community Corrections Initiative (ICCI), in conjunction with Shared Priorities measure 61, to broaden the reach and scope of the program to create tailored opportunities for 2SLGBTQI+ persons and Indigenous women. These groups have also been identified as a priority for the ICCI National Call for Proposals.

The ICCI supports alternatives to incarceration and reintegration projects responsive to the unique circumstances of Indigenous peoples in Canada. ICCI projects provide culturally relevant services that may include counselling, treatment, life skills coaching, family reunification, and addressing the effects of residential schools and involvement with child welfare systems.

The Aboriginal Community Safety Planning Initiative supports Indigenous communities in the development of Community Safety Plans that define community safety concerns and identify solutions to respond to root causes and aggravating factors through a facilitated, community-driven process. In addition, the Aboriginal Community Safety Planning Initiative coordinates within the federal apparatus, as well as external stakeholders, such as provincial/territorial/municipal partners, industry and others, to support the implementation of components identified in the Community Safety Plan.

Additionally, Correctional Service Canada delivers the Community Reintegration Fund that aims to address the overrepresentation of Indigenous peoples in the federal correction system and facilitate their successful reintegration into communities. This fund is disbursed through transfer payments and procurements to provide culturally responsive services that support the reintegration of federally incarcerated Indigenous persons, while addressing recidivism and the overrepresentation of Indigenous people in federal custody.

Cultural, religious and linguistic rights (articles 8, 11, 12, 13, 25, 31)

Indigenous languages revitalization through the Indigenous Languages Act (Shared Priorities, 92)

Canadian Heritage has made progress on the implementation of Indigenous languages revitalization through the Indigenous Languages Act by working with Indigenous partners. For example, in the 2023-24 fiscal year, the Department introduced new distinctions-based funding models for Indigenous languages. These models move away from a departmental-led approach to new models that provide greater Indigenous autonomy, long-term funding and better responsiveness to First Nations, Inuit and Métis priorities.

Chapter 2 - First Nations priorities

Civil and political rights (articles 6, 7, 9, 17, 33, 35, 36)

Recognize First Nations police service as essential services (First Nations Priorities, 10)

Since 2022, Public Safety Canada conducted a variety of broad engagement sessions with key partners (i.e. provinces and territories, the Assembly of First Nations, the First Nations Chiefs of Police Association and the First Nations Police Governance Council) to discuss the recognition of First Nations policing as an essential service. Public Safety participated in over 230 meetings with First Nations and representative organizations to discuss their priorities for this legislation. In winter 2024, an Indigenous-led engagement guided by the Indigenous Leadership Development Institute was held to engage First Nations, police services and representative organizations on the proposed elements that set the policy objectives for the legislation. Moving forward into 2024-25, Public Safety Canada will continue to work with these key partners and First Nations to finalize the elements to support the tabling of a bill.

Economic, health and social rights (articles 20, 21, 22, 23, 24)

First Nations increased control over health services delivery (First Nations Priorities, 12)

Health Transformation is a process within the First Nations and Inuit Health Branch of Indigenous Services Canada that collaboratively works with First Nations partners to establish health organizations and build public service capacity. In addition, this process also strengthens provincial partnerships as new First Nations health organizations prepare to assume control over the design, delivery, management, and administration of federally funded health services.

To date, the First Nations Health Authority is an existing example of a First Nations health model that has successfully assumed full control over the design, delivery, and management of federally funded health services for over 200 communities in British Columbia. Significant progress has been made on Health Transformation projects across Canada, including in Saskatchewan, Manitoba, Ontario, Quebec, and Nova Scotia, representing more than 150 First Nations.

Economic, health and social rights (articles 20, 21, 22, 23, 24)

Lifting drinking water advisories (First Nations Priorities, 16)

Since 2015, and as of February 20, 2024, 144 long-term drinking water advisories have been lifted on public water systems on reserve. There remain 28 active long-term advisories in 26 communities. Over this same period, 271 short-term drinking water advisories have been lifted and avoided becoming long-term. Canada will continue to work on ensuring that all reserves have access to clean drinking water.

Chapter 3 – Inuit priorities

Health and wellness

Inuit health equity and self-determination over health services (Inuit Priorities, 13)

With support from Indigenous Services Canada’s Addressing Anti-Indigenous Racism in Canada’s Health Systems initiative, Nunavut Tunngavik Incorporated is currently working to establish an Inuit Ombudsperson Office that will provide advocacy and recourse supports that are culturally safe and Inuit-focused. As part of the commitment to co-develop distinctions-based Indigenous health legislation, opportunities will be explored to support the improvement of health equity for Inuit and further the advancement of Inuit self-determination over health services, including by applying an Inuit Nunangat approach.

Inuit education, early learning and skills development (Inuit Priorities, 21)

Implementation of the Inuit Priorities measure 21 of the UN Declaration Act (“in order to enable Inuit rights holders to exercise their right to establish and control their own educational systems and educational institutions, subject to any self-government agreement…”), has entailed work towards the co-development of a federal policy on Inuit elementary and secondary education. This work takes place under the purview of the Inuit-Crown Partnership Committee’s (ICPC) Education, Early Learning and Skills Development (EELSD) Working Group. Collaboration and discussions between Inuit and federal partners are ongoing to refine the policy parameters and necessary implementation elements, including engagement with provinces and territories.

Chapter 4 - Métis priorities

Participation in decision-making and Indigenous institutions (articles 5, 18, 19, 34)

Métis co-development principles (Métis Priorities, 10)

Leadership from across the Métis National Council and Governing Members met with federal cabinet ministers on January 31, 2024. At the meeting, leaders endorsed the co-development principles – a set of guiding principles that will determine how Canada and the Métis Nation will work together going forward. Next, these endorsed principles will move towards signing by the Prime Minister and respective Métis Presidents.

The agreed upon principles reflect recognition that reconciliation requires hard work and demonstrate all parties’ commitment to work together towards meaningful reconciliation.

The Manitoba Métis Federation is pursuing its own bilateral work with the federal government, consistent with the self-government agreement signed in 2021.

Chapter 5 – Modern Treaty Partner priorities

Indigenous Modern Treaty Partner priorities

Co-development of Modern Treaty Implementation Policy (Modern Treaty Priorities, 1)

Just prior to the 2023-24 fiscal year, Canada and Indigenous Modern Treaty partners launched the co-developed Canada’s Collaborative Modern Treaty Implementation Policy. The new policy, in effect as of February 2023, provides new implementation tools to complement existing mechanisms and seeks to strengthen oversight and accountability by federal departments and agencies in carrying out Canada’s Modern Treaty obligations. The policy is a continually evolving document that will be updated as new annexes are collaboratively developed. Implementation work on the policy accelerated throughout the 2023-24 year, including joint efforts towards the establishment of an independent oversight body headed by the Commissioner for Modern Treaty Implementation and other initiatives.

In tandem with the policy, Crown-Indigenous Relations and Northern Affairs Canada has worked collaboratively with Modern Treaty partners to make progress on a number of related objectives. These have included the creation of two new permanent intergovernmental fora: the Intergovernmental Leaders’ Forum, an annual forum for engagement between the Prime Minister, federal ministers, and Modern Treaty and self-governing leaders, which had its inaugural meeting in May 2023; and the Intergovernmental Policy Circle, an officials-level forum that met in the spring and fall of 2023, and in January 2024, with plans for future meetings. These fora continue to promote and facilitate ongoing dialogue between Canada and Indigenous partners on shared priorities and areas of concern.

Additionally, Canada continues to address Modern Treaty and self-government priorities on an ad hoc basis in order to live up to related expectations under the Action Plan. As a key example, officials have worked to support the expansion of child and family services jurisdiction for Indigenous Modern Treaty Partners through the conclusion of protocol arrangements related to the Act Respecting First Nations, Métis and Inuit Children, Youth and Families.

Consultation and cooperation with Indigenous partners

Federal organizations self-reported that at least some consultation and cooperation has taken place to date with Indigenous partners in support of 147 Action Plan measures. These consultations included First Nations, Inuit and Métis governments and representative organizations from across the country. Departments indicated diversity groups such as Indigenous women, youth, 2SLGBTQI+, as well as urban and off-reserve partners have been or will be engaged as part of the implementation of their measures.

Some Indigenous partners indicated that not having an agreed-upon definition or shared understanding of how the terms ‘consultation’ and ‘cooperation’ apply in different contexts contributes to uncertainty and variations between processes. They note that it makes it difficult to understand what activities are being described when using these terms, or what to expect when a department says it plans to consult and cooperate. Several Indigenous partners also continue to advocate for the systematic inclusion of Indigenous women and diversity groups in consultations on Action Plan measures that affect them. The well-known expression of “nothing about us, without us” is a consistent theme for Indigenous women’s organizations and diversity groups, who have advocated for consultations to include a broad spectrum of voices, including urban and off-reserve people, youth, as well as organizations representing 2SLGBTQI+ and Indigenous persons with disabilities. We also heard that meaningful consultation requires that the Crown act in good faith in balancing competing Indigenous interests and ensuring that the process is consistent with the objectives of the UN Declaration.

Indigenous Partnership Fund

Budget 2022 allocated a total of $37 million over five years ($11 million annually for 2023-24 and 2024-25, $5.5 million annually for 2025-26 and 2026-27, $4 million for 2027-28 and ongoing) to Justice Canada to provide funding to support Indigenous peoples’ continued participation in the various implementation, monitoring and oversight processes described in the Action Plan. Justice Canada administered this funding through a new grants and contributions program called the Indigenous Partnership Fund (IPF).

In 2023-24, $9 million was allocated to Indigenous national and regional representative organizations, as well as individual First Nations, Modern Treaty and self-governing partners, national Indigenous women’s and urban and off-reserve organizations, Métis governments and Tribal Councils to support the development and maintenance of their ongoing core capacity to participate in UN Declaration Act and Action Plan implementation. Part of the funding was allocated through targeted grants while Justice Canada also invited Indigenous partners to submit proposals through an open Call for Proposals from December 6, 2023, to January 30, 2024. A total of 207 funding proposals, exceeding $19 million, were received through this call, which points to a substantial demand for this funding. A list of all partners who received funding in 2023-24 through the Indigenous Partnership Fund can be found in Annex E.

Indigenous partners’ reflections

Indigenous partners’ perspectives on the Action Plan

We heard from Indigenous partners that the Action Plan generated feelings of hope. Partners expressed that the Action Plan presents an opportunity for positive change, leading to a more prosperous and sustainable future.

“The [National Action Plan (NAP)] is a promising first step, but without a defined, coordinated, distinctions-based, whole-of-government approach to implementation, founded on the recognition of First Nations’ right to self-determination, self-government and the requirement to receive First Nation’s free, prior and informed consent, and supported by accountability and transparency mechanisms, which respect the capacity and priorities of First Nations, there is no feasible way to co-develop or action any of the priorities and principles contained within the NAP, or for the Government of Canada to claim that its processes pertaining to the development of its national Action Plan are aligned with the UN Declaration.”

Terry Teegee, Regional Chief, British Columbia, Assembly of First Nations

Many Indigenous partners welcomed the explicit commitments to consult and cooperate, with an emphasis to co-develop specific measures. Some noted that this is a positive change from previous approaches taken by Canada. Some partners emphasized that consultation and cooperation will need to be based on the understanding that the articles of UN Declaration are interrelated and interdependent, meaning they are meant to be read together and understood as an indivisible whole.

Partners shared that the Action Plan is a good start and a positive step forward in the recognition and realization of the rights of Indigenous peoples. They noted that it represents a vision for the future and sets out a strong foundation and a clear policy framework for Indigenous peoples and the Government of Canada to work together on a wide range of issues. The implementation of the UN Declaration Act will require establishing a process to foster consultation and cooperation.

Several partners viewed the Action Plan as a roadmap towards true and lasting reconciliation, and renewed relationships between Indigenous peoples and the Government of Canada. They described the Action Plan as an opportunity for the Government of Canada to right historical and ongoing wrongs and injustices, including the potential to fully implement Treaties. The rapid pace of changes proposed in the Action Plan was a concern to many Indigenous peoples, since the actions often involve core issues concerning rights, recognition, and implementation. Partners also noted that the Indian Act is inconsistent with the UN Declaration and must be dismantled, and that Canada has statutory, contractual, and common law obligations to consult with Indigenous peoples. International human rights instruments dealing with Indigenous rights, racial discrimination, and the elimination of all forms of discrimination must also inform this work.

The Action Plan must address the circumstances of Nations that have land claim and self-government agreements and enhance the implementation and enforcement of those agreements. It must also establish specific measures to protect the rights, titles and interests of Nations that have not entered into self-government agreements and establish new collaborative relationships with provincial and municipal governments with respect to land and resource management.

Partners said that we must advance the rights to self-determination, self-government and participation in decision-making, including where it implicates free, prior, and informed consent (FPIC). There is a widespread recognition among partners and federal government departments of the crucial role of other levels of government in realizing Indigenous rights, and the need to increase our work with provinces, territories, and municipalities on jurisdictional barriers, including those that prevent urban and off-reserve peoples’ access to programs, benefits, and services. Barriers to effective steps for implementation of the UN Declaration, including conflicting interpretations concerning Indigenous rights, must be closely tracked and appear in annual reporting and resolved in action plans.

Partners expressed the need to acknowledge, consider and to respect the wide diversity of Indigenous peoples, their traditions, languages, and governance systems, and to recognize Nation-to-Nation relationships, as distinct from other engagements with non-rights-holding entities. The distinctions-based approach was seen by some as vague, imprecise, and discriminatory contrary to Article 2 of the UN Declaration, the International Covenant on Civil and Political Rights, as well as section 15 of the Canadian Charter of Rights and Freedoms, while others have emphasized its importance in respecting the inherent collective rights of Indigenous peoples.

Indigenous women, intersectional and gender-specific considerations

Indigenous partners, including national and regional Indigenous women’s organizations, youth, and urban and off-reserve organizations, have wide-ranging views on whether the Action Plan meaningfully addresses intersectional and gender-specific priorities.

Most partners indicated that more should be done to address the specific needs of Indigenous women and diversity groups, including youth, urban and off-reserve people. Some partners pointed to the lack of key gender-specific priorities. These priorities include the creation of safe, suitable, and affordable housing for Inuit women and their families and ending police violence and misconduct against all Inuit.

One partner pointed to the exclusion from the Action Plan of the Red Dress Alert System, an emergency notification system that could significantly help to address the crisis of missing and murdered Indigenous women, girls and 2SLGBTQI+ persons. Some partners commended the inclusion of intersectional and gender-specific priorities in the Action Plan. For instance, they pointed to measures that advance Indigenous women and girls’ safety in resource development projects (Shared Priorities, 12), and those that address violence against Indigenous women and girls (Shared Priorities, 9). Others supported the Action Plan’s recognition of the leadership and advocacy efforts of Indigenous women’s organizations (Shared Priorities, 69) including economic security with access to postsecondary skills education and employment opportunities (Shared Priorities, 16, 102).

“Actions must be taken to acknowledge that the country is in a crisis: the greater belief system appears that Indigenous peoples are believed to be inferior and do not have human rights - that this is directly connected to the disappearance, violence and murder of Indigenous peoples. Our women are the heartbeat of our communities; if they are not well and prospering then no one is.”

Thélá:ylexw awtxw Foundation – Stó:lō Women

Indigenous women’s organizations noted that some Action Plan measures recognize the leadership of Indigenous women, and present opportunities to build capacity (such as Shared Priorities 9, 69, 70 and 77). Urban Indigenous partners also spoke positively about some measures that could serve to advance their priorities (Shared Priorities, 84 and 90, in particular). Some Indigenous women and urban Indigenous partners highlighted regular and open communication with the team in Justice Canada’s UN Declaration Act Implementation Secretariat as a success.

“We as an Indigenous women’s organization in Alberta, appreciate the opportunity to amplify the voices of Indigenous women in the development of UNDRIPA (the United Nations Declaration on the Rights of Indigenous Peoples Act). We look forward to being involved in the future implementation plans.”

Institute for the Advancement of Aboriginal Women

Several partners communicated varying degrees of skepticism as to whether gendered and intersectional priorities would be given enough attention to ensure meaningful implementation. To determine meaningfulness, some partners believed that more time and concrete action is required, while others pointed to the need for quantifiable metrics, measurable commitments, and clear indicators of progress for each diversity group across all chapters of the Action Plan.

Indigenous partners’ perspectives on Action Plan implementation

Partners have shared mixed experiences which reflect the different stages at which Action Plan measures are advancing, the challenges of both partners and departments in connecting with one another, and the different levels to which different partners have and continue to be engaged.

According to some, it is necessary to fund and implement both national and region-specific plans, in a way that is relevant, appropriate, and applicable to the many diverse Indigenous populations across Canada. For example, Changing the Story to Upholding Dignity and Justice: Yukon’s Missing and Murdered Indigenous Women, Girls and Two-Spirit+ People Strategy is a Yukon-specific plan that provides the roadmap for how this work should be done in the Yukon to meet the needs of Yukon First Nations.

Some Indigenous partners who engaged in the development of this Annual Report expressed:

• Disappointment in not having been engaged to date by any departments to implement measures
• Concern that the current funding does not allow for depth of time or knowledge, ability to adequately prepare for consultation and cooperation. Instead it is a surface level of effort on what is purported to be a deep and meaningful purpose, and that without adequate funding some Indigenous partners are made to feel as though they are merely being brought along to a defined outcome, regardless of their input
• A need for adequate time to prepare for consultations, to do analysis and consult with community members and meaningfully contribute to annual reporting on Action Plan implementation
• The risk they are facing that the Government of Canada’s consultation and cooperation obligations are being inconsistently applied
• Frustrations over lack of follow-up, resistance or unreasonable delays by departments
• Disappointment that solutions to issues seemed to have been already decided by departments prior to meeting
• The challenge presented by insufficient and limited recognition of Indigenous data sovereignty, community-owned data protocols, and community open-sourcing, alongside the ethical considerations amidst the rapidly advancing technology. Technology not only serves as a tool for connection and belonging among diverse communities but also acts as a central platform for storing and transmitting traditional knowledge systems. These systems could potentially support various measures for economic and environmental resilience, among other benefits
• The need to improve Canadian citizens’ knowledge about Treaties and Treaty implementation

Some partners expressed frustration at the slow pace of implementation as they experience overwhelming health care crises, a housing crisis, food insecurity, and many other issues that are in urgent and critical need of attention and advancement.

“A pressing concern that was brought up during both youth and grassroots engagements is the right to access clean water. One youth participant described the dire situation within their community: ‘The water that goes into the houses is not clean, not clean for drinking, not clean for your skin.’ The participant highlights the widespread nature of the problem, noting that residents must travel to neighbouring communities to obtain safe drinking water. This violation not only exacerbates the hardship but also underscores the systemic failure to provide essential infrastructure for basic human needs. This widespread issue also exposes the psychological toll of the water crisis, with some community members resorting to collecting water for bathing from alternative sources out of fear of using the contaminated water.”

Native Women’s Association of Canada

Need for more coordination and consistency in consultation and cooperation

We heard from partners that meaningful consultation needs to be coordinated and comprehensive across the whole of government, not ad hoc or siloed; should seek free, prior and informed consent; and should ensure that Indigenous partners are included in future consultations.

Some expressed that the federal government should support self-determination, and de-centre settler Canadian and government priorities and voices and support collaborative networks with Indigenous peoples that promote lateral compassion rather than lateral violence. We also heard that there should be a focus closer to where the work is, directly with communities and grassroots rather than just with national bodies. We heard that it is imperative to adequately fund grassroots and community-driven initiatives, especially of a collaborative nature, as a manifestation of governmental support. This measure fosters empathetic collaboration and strengthens networking, storytelling, and sharing of best practices that benefit all communities involved.

We heard frustration with the federal government’s timelines for collecting feedback on the Action Plan, with some saying that the feedback process itself contradicts the principles of the UN Declaration.

In conveying lived experiences and on-the-ground perspectives, Indigenous women’s organizations and diversity groups hope to show the need to strike a balance between grassroots input and those of experts, and the importance of including regional and local groups’ perspectives to address specific community needs. We heard from the Assembly of First Nations, Yukon Region, that there is a strong desire on the part of Yukon First Nations to host dialogue sessions with their citizens on the UN Declaration. The federal and provincial governments can support these organizations through funding community-based initiatives and mechanisms proactively and by participating in consultations in good faith.

Many partners, including Indigenous women’s organizations and diversity groups, mentioned that consultation and cooperation should be Indigenous-led, including planning and facilitating, setting agendas and directing the conversations on issues directly affecting their safety, health and well-being, and ability to exercise their rights under the UN Declaration. It is their overarching desire to have their expertise genuinely considered and reflected in decision-making on UN Declaration Act implementation, monitoring, and evaluation.

Some partners emphasized that the rights in the UN Declaration need to be effectively enforceable and that where such rights are not adequately upheld there should be avenues for collective redress. Partners also expressed the importance of connecting in-person, including attending events to hear directly from communities about consultation and cooperation, and consent, as well as the need for open, proactive, and transparent communication around consultation and cooperation opportunities, adding that it would be beneficial for contact information of federal leads to be made available.

Several partners said that successful implementation requires the involvement of all orders of government, including provinces, territories, and municipalities which are not part of the Action Plan. While neither the UN Declaration Act nor the Action Plan compel coordinated action, capacity building for Indigenous organizations, as well as commitment and cooperation from jurisdictions who have not adopted the UN Declaration, can nevertheless contribute to achieving the objectives of the UN Declaration.

Need for a clear implementation plan and reporting framework

For many partners, these feelings of hope and optimism are accompanied by doubts about whether the Action Plan will lead to meaningful change and improvements for Indigenous peoples. In this context, one partner noted the potential challenges of ensuring that the UN Declaration and UN Declaration Act have a long term domestic legal effect.

They noted that the Action Plan does not contain concrete workplans, milestones, specific time-bound objectives, or measurable targets, which are necessary for successful implementation.

Nearly all partners spoke of the need to co-develop an accountability and monitoring framework, establishing clear benchmarks, milestones, and progress indicators that should be accessible, in digital format, for all networks to accurately assess the overall progress of UN Declaration Act implementation. Several partners emphasized the importance of rigorously tracking progress on how implementation of specific Action Plan measure(s) impacts Indigenous women and diversity groups, as well as urban and off-reserve people.

“The First Nations in northern Manitoba affiliated with the Manitoba Keewatinowi Okimakanak recognize the need to design and create frameworks, processes and solutions that build familiarity, confidence and trust – and so “muscle memory” – as Canada and First Nations transition into true co-development and necessarily evolve – as quickly as possible – from engagement for the purpose of conceptualizing to engagement for the purpose of actualizing the principles of the Declaration in Canada.”

Manitoba Keewatinowi Okimakanak

Many also expressed that the Action Plan does not go far enough in its vision and favours the status quo by centering federal government priorities over Indigenous priorities. They expressed that many measures represent existing commitments where work was already underway. Some noted a tendency by some departmental officials towards aspirational goals instead of concrete commitments, as well as a perceived unwillingness to seek expanded mandates or authorities to pursue measures beyond what departments are already doing. It was conveyed that a meaningful process for UN Declaration implementation should involve a national legislative framework to repeal and replace the Indian Act and other colonial and discriminatory doctrines and laws.

Partners recommended rigorous tracking to help identify gaps in implementation, including areas requiring gendered and intersectional analysis to help increase transparency and the ability for Indigenous partners to evaluate the meaningfulness of Action Plan implementation. According to some partners, critical implementation gaps exist between the rights set out in the UN Declaration and actions on the ground. These partners recommend that such gaps must be identified, and solutions made to form a key part of the implementation strategy for the Action Plan as part of a comprehensive approach to implementing the UN Declaration in Canada.

Indigenous partners noted that some departments have started monitoring implementation of measures to determine if implementation is benefitting Indigenous communities and peoples, and to make improvements when barriers are identified. Partners also spoke of the potential to benefit from leveraging existing reports and action plans during implementation, including implementing all Calls for Justice from the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Need for ongoing and adequate funding

As outlined in the What We Learned to Date report, one of the most frequently cited requirements to ensure effective implementation of the UN Declaration is fair, equitable, ongoing and sustainable funding. A variety of partners, including organizations representing national and regional Indigenous women’s interests, youth, urban and off-reserve people, and grassroots organisations, emphasized that without adequate funding to support their full participation in implementation, monitoring and evaluation, the results will be modest to minimal, and systemic change will remain elusive. Increased capacity funding would demonstrate respect for Indigenous views, experiences and knowledge throughout UN Declaration Act implementation. It would thus ensure the work is truly done in consultation and cooperation with Indigenous peoples, rather than unilaterally, in a prescribed and predetermined manner.

Many partners stressed the need for core capacity funding, rather than time-limited, proposal-based project funding, to effect lasting change in how Canada consults and cooperates. Such funding would allow them to increase their capacity by recruiting, retaining, and training staff and accessing facilities, tools and materials, enabling full consultation on projects, and revitalizing of culture and language. Partners pointed to Article 39 of the UN Declaration which refers to Indigenous peoples’ “right to have access to financial and technical assistance from states through international cooperation, for the enjoyment of rights contained in this Declaration.” In turn, they can ensure continuity in culturally-based policy research, communications, participation in consultations, legislative and policy development, decision-making and relationship building that contributes to UN Declaration Act implementation.

“Eskasoni First Nation has worked with the Mawio’mi to create a respectful relationship that affirms the UN Declaration in Canada’s law. Eskasoni has worked with the Canada Justice Secretariat on the UNDA between April 2022 and March 2023 on developing material to engage with Mi’kmaw in comprehending the legacy of the Mawio’mi’s participation in the UN Declaration and the UNDA. It has translated the UN Declaration into Mi’kmaw and has organized, implemented, and recorded (audio and visually) the achievement and the various session groups. We have developed a website (https://mawiomi.com/) and an established professional audio and visual recording studio to create communication strategies to communicate with Mi’kmaq (kij-Wikuom).

Eskasoni has also distributed recordings with our diverse Mi’kmaw communities and beyond through various pathways (YouTube, social media, news outlets, cable networks, etc.). A more recent project has created a working-level knowledge of the UN Declaration and UNDA in the districts of the Mawio’mi in Atlantic Canada, which is essential to generating material for Mi’kmaw comprehending the UNDA Action Plan.”

Eskasoni First Nation

Gender-based analysis plus (GBA Plus) and culturally relevant lens

Indigenous partners hold the solutions to ensure that the entire Indigenous community - women, youth, children, 2SLGBTQI+, persons with disabilities, Elders, as well as urban and off-reserve people – have the same opportunity to exercise their collective and individual rights under the UN Declaration, and to participate and have their perspectives reflected in UN Declaration Act implementation.

An overarching priority of Indigenous partners representing gender-based and intersectional priorities is for Canada to recognize and prioritize the safety, well-being and specific needs of Indigenous women and girls, as well diversity groups and urban and off-reserve people. Ensuring the basic right to human security for vulnerable populations is a first step in ensuring the safe and full exercise of all Indigenous rights under the UN Declaration. Providing much needed safe spaces would help support these groups’ participation and ensure their perspectives are given full consideration in UN Declaration Act implementation, monitoring, and evaluation.

"At the core, UNDRIP and UNDA are about people, our connections and our commitments to each other. Pauktuutit continues, in partnership with Justice Canada, to advance Inuit women’s rights. We value this dialogue and remain optimistic that Indigenous Peoples’ rights will be protected throughout government and civil society."

Pauktuutit Inuit Women of Canada

Applying a GBA Plus and culturally relevant lens to Action Plan implementation was deemed critical to its success. As noted in the What We Learned to Date report, such an approach ensures that relevant intersectional factors and social determinants of health and well-being, such as gender, disability, socio-economic and educational status, as well as cultural considerations, informs the effective implementation of all 181 Action Plan measures.

To ensure effective application of a GBA Plus and culturally relevant lens to their work, many federal departments are undertaking analysis during the early stages of Action Plan implementation. For example, many departments are consulting with GBA Plus practitioners, within government and Indigenous organizations, with expertise in culturally relevant GBA Plus. Some are conducting GBA Plus assessments, including research and analysis on gendered and intersectional impacts of specific Action Plan measures. Recognizing that it is the Indigenous community that holds the knowledge, many have or plan to consult and cooperate with Indigenous partners representing Indigenous women, 2SLGBTQI+ persons and other diversity groups to ensure their perspectives are considered throughout implementation.

Links to other government commitments

The UN Declaration Act coming into force and the development of the Action Plan are important milestones on the path to reconciliation, but they do not stand alone. They are situated within a historical and political context that stretches back in an unbroken thread from the Royal Commission on Aboriginal Peoples, through to the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls. The preamble of the Action Plan clearly states that, “This Action Plan has been informed by, builds upon and should be read in harmony with the recommendations made by the Royal Commission on Aboriginal Peoples, the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls.”

The 181 measures outlined in the Action Plan align with and reinforce multiple commitments the Government of Canada has made, including the commitments to address the Truth and Reconciliation Commission’s 94 Calls to Action and the 231 Calls for Justice resulting from the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Approaching these commitments in a coherent and coordinated way is important to ensure successful outcomes and efficient use of resources. It also ensures that analyses such as GBA Plus or measuring successes is conducted from a multi-dimensional and holistic perspective.

In providing feedback on the Action Plan, some partners considered the Action Plan inaccessible to many Indigenous peoples because of the way it was written. Partners noted that a lack of transparency and the sheer number of commitments between the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the Action Plan are frustrating and can lead to cynicism about how partners are supposed to be engaged on all these actions.

Partners also specifically noted that providing core capacity funding to organizations for implementation of the Act and Action Plan ensures a holistic approach and coordinated progress across initiatives, especially work on the Calls for Justice and Calls to Action. In reporting on progress on Action Plan measures, departments identified that 160 of the 181 measures, or 88%, linked to one or more initiatives across the Government of Canada.

As implementation of the Action Plan progresses, the Government of Canada will endeavour to find ways to report on progress, in respect of these complementary initiatives, in a more holistic, coherent way. Indigenous partners suggested a greater role for technology in supporting transparency in communicating progress on implementation of the UN Declaration Act and other whole of government initiatives. Cooperation between Indigenous organizations and federal officials in reporting was also highlighted, so that reporting on progress addresses difficult issues and agreement can be reached in advance of decision-making and reporting.

Sustainable Development Goals

The 17 Sustainable Development Goals (SDGs) were adopted by United Nations member states to address social, economic, and environmental challenges and advance sustainable development. The goal is to implement these SDGs by 2030. In 2021, Canada released its strategy to meet the goal of achieving the SDGs by 2030, and in 2023, Canada presented its second Voluntary National Review. Both documents speak to the advancement of reconciliation in Canada through the SDGs and Indigenous peoples’ fundamental role in Canada’s ability to achieve the SDGs. Both documents also reference that advancement of the SDGs will be done in alignment with the UN Declaration. The Voluntary National Review notes the passage of the UN Declaration Act and that it:

“…supports various SDGs and will advance actions to support sustainable development, enable self-determination and Indigenous stewardship, respond to impacts of climate change on Indigenous peoples and recognize their role in contributing to sustainable development (SDG 13). It also supports concrete measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination (SDG 10). The Act will help build stronger relationships, close socio-economic gaps, and promote greater prosperity for Indigenous peoples and all Canadians (SDG 16).”^{Footnote 9}

Other initiatives that advance reconciliation

While the Action Plan makes direct mention of the Calls to Action and Calls for Justice, it also includes measures that connect with other initiatives and principles that support the advancement of reconciliation at the federal level. The presence of these measures related to these strategies or principles in the Action Plan speaks to the commitment to implement them in alignment with the UN Declaration. Their implementation will require increased commitment, care and cooperation with Indigenous peoples to achieve the goals of transparency, accountability and responsiveness across the Government of Canada’s reconciliation work. The following Action Plan measures directly relate to or reference ongoing national reconciliation strategies, principles, or publications by Indigenous partners:

• SP6; SP7 – Joyce’s Principle
• SP9 – Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People
• SP15 – RCMP Intercultural Learning Strategy
• SP28 – Indigenous Justice Strategy
• SP74 – National Indigenous Economic Strategy and the RoadMap Project
• SP88 – The Urban, Rural and Northern Indigenous Housing Strategy

The Action Plan also reinforces the Inuit Nunangat Policy and the Modern Treaty Implementation Policy.

In addition to the above measures, the Minister of Justice and Attorney General of Canada has proactively worked to ensure that more Indigenous judges are appointed to the bench in Canada. Significant reforms to enhance the independence and transparency of the superior court judicial appointments process were introduced in October 2016. Since that time, over 3% of judges appointed to date have been Indigenous. Of the judicial appointments announced since the current Minister of Justice and Attorney General of Canada began serving in July 2023, 3% thus far have been Indigenous, including the Honourable Leonard Marchand, appointed Chief Justice of British Columbia in December 2023, becoming the first Indigenous person in the province’s history to hold this position. The presence of more Indigenous Justices in Canada can bring a better understanding of Indigenous cultures and traditions, as well as valuable lived experience, to the bench.

Other national initiatives

The Action Plan also creates connections to other national initiatives that seek to improve or combat systemic issues that are not specific to Indigenous communities, but by which Indigenous peoples are disproportionally impacted. By specifically referencing these initiatives in the Action Plan, the Government of Canada reinforces its commitment to delivering these strategies, and to ensure their alignment with the UN Declaration. It ensures that Indigenous perspectives and realities are fundamentally woven into these strategies and their implementation. The following Action Plan measures directly relate to or reference ongoing national strategies:

• SP4, SP7 – Canada’s new Anti-Racism Strategy
• SP10 – National Action Plan to End Gender-Based Violence
• SP11 – Federal 2SLGBTQI+ Action Plan
• SP41 – Pacific Salmon Strategy Initiative
• SP50 - Federal Sustainable Development Strategy
• SP56 – National Strategy to Combat Human Trafficking
• SP57 – National Crime Prevention Strategy
• SP75 – Poverty Reduction Strategy

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