SP1 Processes and guidance on consistency of lawsDevelop and implement a process and further direction for federal government departments and agencies to ensure bills and proposed regulations are consistent with the UN Declaration through measures such as:
- Building on initial interim guidance for assessing consistency of federal laws with the UN Declaration (Justice Canada)
- Cabinet directives or mandatory assessment tools on consistency with the UN Declaration (Privy Council Office Treasury Board of Canada Secretariat)
- Other tools to advance the implementation of section 5 of the UN Declaration Act. (Various departments)
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- Following completion of the Action Plan, immediate efforts focussed on disseminating information about the UNDA, the Action Plan and the whole of government role in ensuring the consistency of federal laws with the Declaration. This included awareness raising, training and the dissemination of information about the Act and Action Plan – including through department specific and public service wide events, conferences and symposia, website and other information distribution methods.
- Planning and preliminary outreach with Indigenous partners has begun as a foundation for anticipated consultation and cooperation over the coming months.
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SP2 Consistency of laws – review/amendment of specific statutesIdentify and prioritize existing federal statutes for review and possible amendment, including:
- A non-derogation clause in the Interpretation Act (Justice Canada)
- An interpretive provision in the Interpretation Act or other laws that provides for the use of the UN Declaration in the interpretation of federal enactments (Justice Canada)
- Any other specific pieces of legislation either already under review or which Indigenous peoples and relevant departments have jointly identified as a priority for review. (All departments)
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Regarding the Non-Derogation Clause:
- As you are aware, Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts, was introduced in the Senate in June, passed Third Reading at the Senate in December and will soon be debated in the House of Commons.
Regarding the UN Declaration interpretative clause:
- While we focus on supporting the ongoing parliamentary consideration of Bill S-13, we are following the process and views expressed around such a provision closely. We anticipate that building on the views and ideas expressed to date will provide a useful jumping off point for discussions with Indigenous peoples in the coming months.
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| SP13 Ending coerced sterilizationEnsure that federal laws comprehensively protect Indigenous women, girls and 2SLGBTQI+ individuals from coerced sterilizations. (Justice Canada) |
- The Government recognizes the harms caused by coerced sterilization procedures in Canada. These procedures are a violation of human rights and demonstrate racism in our health and social systems. Everyone in Canada must receive culturally safe health services with fully informed consent.
- Currently, our Criminal Code prohibits all coerced medical procedures, including coerced sterilizations, as an aggravated form of assault. Provinces and territories are responsible for the administration of justice in their jurisdictions, and decisions regarding whether to pursue criminal charges rest with the police and prosecutors of those jurisdictions.
- The practice of coerced sterilization has been particularly harmful for Indigenous women and girls and 2SLGBTQI+ individuals. The Government continues to work with affected communities to ensure that the practice is stopped. Ongoing investments aim to respond directly to the physical, mental, spiritual and emotional needs of survivors of coerced sterilization. Further, Canada has committed to addressing anti-Indigenous racism in health care through direct investments to foster health systems free from racism and discrimination.
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| SP14 Federal public service training on UN DeclarationDevelop and implement foundational training co-created by Indigenous subject matter experts, including with the Canada School of Public Service, for federal public servants that will build fundamental understanding and competence about the history, rights and title of Indigenous peoples, treaties, the UN Declaration, the UN Declaration Act, the dynamics of respectful relations, Indigenous-specific systemic racism, and meaningful reconciliation. (Justice Canada and various departments) |
- Developing foundational training in consultation and cooperation with Indigenous peoples is important to Justice Canada. In 2022 and 2023, Justice Canada and Indigenous subject matter experts successfully developed and delivered two UN Declaration Implementation training events to over 4000 federal public servants across Canada, in partnership with the Canada School of Public Service (CSPS).
- Justice Canada is currently working together with other government departments, Indigenous peoples and the CSPS to identify Indigenous subject matter experts; and are conducting a gap analysis on available foundational training about the history, rights and title of Indigenous peoples, treaties, the UN Declaration, the UN Declaration Act, the dynamics of respectful relations, Indigenous-specific systemic racism, and meaningful reconciliation.
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| SP17 Judiciary training options on UN DeclarationWork with the National Judicial Institute to explore options for the provision of training on the UN Declaration to the judiciary. (Justice Canada) |
- The Government recognizes the importance of a highly trained judiciary. The constitutional principle of judicial independence requires that the judiciary control judicial education, including on the UN Declaration on the Rights of Indigenous Peoples. This is necessary to ensure continued public confidence in an impartial judiciary that is free from interference or influence by the executive.
- Justice Canada is currently in the planning stages of implementing this measure, to determine an approach that respects judicial independence.
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| SP18 Public education on UN Declaration and Indigenous human rightsDevelop and distribute, in collaboration with Indigenous educational organizations, museums and other organizations, as appropriate, educational materials to inform non-Indigenous Canadians on the UN Declaration and the human rights of Indigenous peoples. (Justice Canada and various departments) |
- Justice Canada is undertaking preliminary outreach to both internal and external stakeholders and Indigenous organizations to confirm a better understanding of what learning materials on the UN Declaration and the human rights of Indigenous peoples exist and where there are gaps.
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SP19 Indigenous rights monitoring mechanism(s)Establish an independent Indigenous rights monitoring, oversight, recourse or remedy mechanism or mechanisms to provide Indigenous peoples with access to and prompt decision through just and fair procedures for dispute and conflict resolution and effective remedies for infringements/violations of their individual and collective rights.Functions could also include:
- Advancing, monitoring and/or reporting on implementation of the UN Declaration and the UN Declaration Act, as part of ensuring accountability
- Promoting Indigenous rights through research and education
- Advancing initiatives to prevent and end systemic discrimination and other human rights violations experienced by Indigenous peoples
- Contributing to the goal of rebuilding Indigenous governance and ongoing implementation of international human rights instruments in Canadian law.
Any Indigenous rights mechanism or mechanisms will:
- Be Indigenous-led and include representation from First Nations, Inuit and Métis and equitably reflect gender and other diversity
- Be distinctions-based by reflecting the distinct rights, interests and circumstances of First Nations, Inuit and Métis
- Be informed by the customs, traditions, rules, and legal systems and legal understandings of Indigenous peoples and international human rights
- Be accessible and easy to use for Indigenous peoples
- Be appropriately resourced
- Be complementary and not duplicative of other monitoring, oversight and dispute resolution mechanisms. (Justice Canada)
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- Developing and establishing such an Indigenous rights monitoring mechanism or mechanisms will require extensive internal policy work and broad consultation and cooperation with Indigenous peoples.
- It will also be important to ensure that such a mechanism will, among other things, be complementary, and not duplicative of other monitoring, oversight and dispute resolution mechanisms that already exist.
- We recognize that establishing an independent Indigenous human rights monitoring mechanism is a key priority of a number of Indigenous partners and are committed to moving forward on the implementation of this important measure as soon as possible.
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SP20 UNDA Annual ReportingPublicly report on progress in an annual report to Parliament and work to ensure coordinated and comprehensive monitoring of implementation of the action plan across existing and new bodies that may be created. (Justice Canada)
- Include in the UN Declaration Act Annual Report on implementation a section describing progress towards dismantling the Indian Act and recognizing the self-determination of Indigenous nations, as well as monitoring and evaluating the application and outcomes of GBA+. (Crown-Indigenous Relations and Northern Affairs Canada, Justice Canada and various departments)
- Coordinate for the UN Declaration Act Annual Report the comprehensive reporting of the actions taken in consultation and cooperation with Indigenous peoples pursuant to section 5 by each relevant federal department and agency. (Justice Canada)
- Develop metrics with Indigenous peoples and representative organizations to ensure that useful measurements are being reported on. (Justice Canada)
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- The 2024 Annual Report will be the first following the release of the UNDA Action Plan.
- Work is currently underway to develop an outline and reporting tools for the 2024 Annual Report in partnership with other government departments and Indigenous peoples. As part of the reporting process, Justice has developed a reporting tool that seeks implementation updates from departments. This information will be rolled up and form part of the Annual Report.
- We understand that Indigenous partners are expecting to see progress reported in a way that is responsive to their priorities. The report will seek to demonstrate accountability in a transparent manner which is reflective of Indigenous peoples’ perspectives on progress, achieved or not. This is critical to demonstrating good faith in reporting and building trust with all Indigenous partners.
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| SP21 Updating UNDA Action PlanCo-develop and implement a process to review and update the action plan every five years, and a process for making amendments to the action plan. (Justice Canada) |
- As an evergreen document, a process or mechanism for making amendments to the Plan must be developed in consultation and cooperation with Indigenous partners – but this will take time.
- Until such a mechanism is in place, necessary revisions or additions to add precision to the text of action plan measures can likely be managed through the development of implementation plans with Indigenous peoples to implement specific measures.
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| SP22 UNDA Action Plan Advisory CommitteeEstablish an Action Plan Advisory Committee (APAC) that will include First Nations, Inuit, and Métis experts selected by First Nations governments and representative institutions, Métis governments and representative institutions and by Inuit Treaty Organizations, or their designates, to provide support and advice, upon request, related to the implementation of shared priorities included in this action plan. Advice from the APAC will be considered as the Minister, in consultation and cooperation with Indigenous peoples and with other federal ministers, implements the shared priorities in this action plan. (Justice Canada) |
- Preliminary views have been sought from some Indigenous partners on the next steps for implementing this measure. Among the first steps that are currently being planned for is the selection of experts that will comprise the committee.
- Additionally, further work with Indigenous partners on developing the committee’s mandate is planned for the coming weeks.
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SP28 Indigenous Justice Strategy and revitalization of Indigenous lawsIncrease access to justice for Indigenous peoples, strengthen communities and advance self-determination by:
- Finalizing an Indigenous Justice Strategy, in consultation and cooperation with Indigenous partners, provinces and territories, that will provide the framework for concrete actions to address systemic discrimination and the overrepresentation of Indigenous people in the Canadian justice system (Justice Canada and various departments)
- Providing on-going support for community-led work and initiatives related to revitalization and enforcement of Indigenous laws and legal orders. (Justice Canada, Public Safety Canada, and various departments)
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Regarding the Indigenous Justice Strategy:
- The Government of Canada is developing, in consultation and cooperation with First Nations, Inuit and Métis, and in collaboration with provinces and territories, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous peoples in the justice system.
- To compliment Indigenous-led engagement, Justice Canada has also led engagements with a diverse representation of Indigenous voices across Canada through two waves. The outcome of the first wave of virtual dialogue sessions are captured in a What We Learned Report on the Justice Canada website. The outcomes of the second wave of in-person regional dialogue sessions, as well as broader virtual gatherings will be captured in a second What We Learned Report to be published in early 2024.
- The release of the strategy is planned for 2024. The specific contents of the strategy are still to be determined. To date, Indigenous partners have emphasized that this strategy must address issues that span across the justice system continuum, from prevention to re-integration. This includes crime prevention, restorative and Indigenous justice approaches, revitalization of Indigenous justice systems and legal traditions, self-determination in the administration of justice and Criminal Code reforms.
Regarding the revitalization and enforcement of Indigenous laws and legal orders:
- Justice Canada is working closely with Indigenous communities to revitalize their legal systems through Administration of Justice Agreements, with the objective of creating a community-based response to Indigenous justice issues.
- The revitalization of Indigenous laws, legal systems, and traditions are an important component of self-determination and fundamental to advancing reconciliation.
- The revitalization of Indigenous legal systems and traditions helps ensure that Indigenous communities have the jurisdictions and authority to administer justice in their communities – this helps to advance the reconciliation of different legal systems in a predictable manner that also strengthens of the rule of law in Canada.
- Justice Canada is also actively in discussions with Indigenous communities to identify obstacles and potential solutions to address the issues of enforcement and prosecution of Indigenous laws. Although ensuring the enforcement and prosecution of Indigenous laws in Canada involves collaboration between multiple partners, notably Provinces and Territories, this important work is key to ensuring community safety and upholding the rule of law in a manner that is consistent with the right to self-determination of Indigenous peoples. Justice Canada looks forward to continue working closely with Indigenous partners and Provincial and Territorial partners on this important issue.
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| SP78 Participation in gaming industryAdvance discussions on the participation of Indigenous peoples in the gaming industry and in its regulation across Canada, collaboratively with Indigenous, provincial and territorial partners. (Justice Canada) |
- Implementation of this measure is currently in the planning stage.
- To support this planning, some preliminary discussions with Indigenous peoples have occurred and will continue.
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| SP107 Special Interlocutor for Missing Children and Unmarked GravesSupport the ongoing work of the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools and act upon her recommendations, including with a view to aligning federal laws with the UN Declaration. (Justice Canada) |
- The government is committed to acting on the Special Interlocutor’s recommendations and looks forward to receiving her Final Report in June 2024.
- The Special Interlocutor’s recommendations will inform the development of a federal legal framework that will preserve and protect the rights and respect the dignity of the children buried in unmarked graves and burial sites connected to former Indian residential schools.
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MÉ9 Justice and Policing Sub-Accord with Métis NationConclude a Justice and Policing Sub-Accord through the Canada-Métis Nation Permanent Bilateral Mechanism in order to end over-representation, reduce recidivism rates, ensure preventative and Métis culturally responsive restorative justice, achieve equity within Canada’s justice system(s) for Métis citizens and advance Métis inherent rights to self-determination and self-government, including, but not limited to:
- federal data sharing agreements
- sustainable funding and capacity for Métis governments to support their citizens incarcerated, interacting with, and having lived experience in the justice system, through initiatives including but not limited to Métis specific restorative justice, comprehensive victims, family, and community services and supports, Gladue services, and other programs and services
- Métis law and legal systems
- policing
- other undertakings in relation to advancing the role of Métis governments (Justice Canada and Public Safety Canada)
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- The Government of Canada and the Métis are engaging in discussions to better understand Métis-specific needs in the Canadian criminal justice system.
- Over the past number of months, officials from Public Safety, the Métis National Council (MNC) and its Governing Members have been meeting regularly to advance discussions on a Justice and Policing sub-accord. Public Safety has included Justice Canada, Correctional Services Canada and Royal Canadian Mounted Police (RCMP) officials in a supporting role in the drafting process.
- The MNC-Canada Permanent Bilateral Mechanism Working Group is the standing forum for consultation and cooperation for current or future justice, policing, corrections, or other applicable initiatives undertaken by federal departments. Collaborative work is underway on the development of a draft Joint Working Group Terms of Reference, a Work Plan and related documents, which will notably help support the co-development of a Canada-Métis Nation Policing Sub-Accord.
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MÉ10 Métis co-development principlesConsistent with the commitment to co-develop approaches for the implementation of the right to self-determination, Canada and the Métis Nation will advance the following measures under the Canada-Métis Nation Permanent Bilateral Mechanism:
- co-develop and implement co-development principles (Crown-Indigenous Relations and Northern Affairs Canada)
- co-develop nation-to-nation, government-to-government processes for the codevelopment of legislative and regulatory initiatives pursuant to section 5 of the UN Declaration Act that implement Articles 18 and 19. (Justice Canada, various departments and agencies)
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- Following the release of the Action Plan, Crown-Indigenous Relations and Northern Affairs Canada (CIRNA), as the lead department, and the Métis National Council (MNC) immediately established a joint working group to advance discussions on measure 10 of the Métis priorities chapter, relating to the development of Métis co-development principles.
- Over the past several months, federal officials from CIRNA, Justice, and PCO have met regularly with officials from the MNC and its Governing Members to finalize the Co-development Principles.
- The Principles were recently endorsed at the Métis-Crown Permanent Bilateral Mechanism Leaders meeting held on January 31st
- As a next step, MNC will be seeking to have the Principles approved at the PBM Prime Minister’s Summit scheduled for late spring 2024.
- Once endorsed, the Principles will become an important instrument for guiding co-development between MNC, Governing Members, and Canada.
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