United Nations Declaration on the Rights of Indigenous Peoples ActMinister of Justice and Attorney General of Canada David Lametti tabled Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act in the House of Commons on December 3. The stated purpose of this law is to affirm the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a "universal, international, human rights instrument with application in Canadian law and provide a framework for the Government of Canada's implementation of the Declaration."[1] Bill C-15 is divided into seven sections. If passed, it "would require the Government of Canada, in consultation and cooperation with Indigenous peoples to: take all measures necessary to ensure that the laws of Canada are consistent with the Declaration; prepare and implement an action plan to achieve the Declaration's objectives; table an annual report on progress to align the laws of Canada and on the action plan."
In terms of a timeline, the law states, "The preparation of the action plan must be completed as soon as practicable, but no later than three years after the day on which this section comes into force." The background notes provided by the government on December 3 point out, among other things: "The Government of Canada has already taken action to reflect the Declaration in legislation, including An Act respecting First Nations, Inuit and Métis children, youth and families and the Indigenous Languages Act and Bill C-15 represents another step forward."[2] Article 32 of the UNDRIP states that: "States shall consult and cooperate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources." On this key principle, the government of Canada states: "References to 'free, prior and informed consent' are found throughout the Declaration. They emphasize the importance of recognizing and upholding the rights of Indigenous peoples and ensuring that there is effective and meaningful participation of Indigenous peoples in decisions that affect them, their communities and territories. Free, prior and informed consent is about working together in partnership and respect. [...] Despite what some have suggested, it is not about having a veto over government decision-making."
The Trudeau government's background notes also give the answer to what Bill C-15 means for natural resource development. The government points out that the government has a constitutional duty "to consult and accommodate Indigenous groups when it considers measures that might adversely impact potential or established Aboriginal or treaty rights, including resource projects. This Bill would not create new obligations or regulatory requirements for industry; rather, it would support the Government's implementation of its constitutional duty." The government's background notes provide particular information on how Bill C-15 will impact the fishing industry. The government states: "The sustainable use of the fishery resource, the protection of fish and fish habitat, the conservation and management of our oceans, and through the Canadian Coast Guard, the safety of those on the water and the protection of the marine environment, are shared priorities held in common with Indigenous peoples in Canada and the Government of Canada. The Government of Canada works with Indigenous peoples through well-established processes to seek input in decision-making and management activities; for example, advisory councils, collaborative management arrangements, and bilateral discussions. Through these relationships, the Government of Canada collaborates with Indigenous peoples in a manner that gives voice to the Declaration." And further: "The Fisheries Act and all licence conditions will remain in place. However, the development of the action plan would be a venue to advance discussions Indigenous peoples may wish to have on measures to achieve the objectives of the Declaration. The Government of Canada will work to ensure that there is a safe, orderly, and sustainable environment for all harvesters engaged in the fishery."
All in all, Bill C-15 is a perfidious document with a sinister aim. The government will be reminded by life itself that rights cannot be given or taken away or forfeited in any way, no matter who it consults and makes deals with. They cannot be extinguished so no piece of paper or bogus legal documents can achieve the miracle the Trudeau government thinks it can achieve when all others before it have failed. Further attempts to extinguish Indigenous sovereignty, inherent rights and title in the interests of "industry" are bound to fail. Notes1. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a non-binding statement adopted by the UN General Assembly in 2007. At the time, 144 countries voted in favour with four votes against (Australia, Canada, New Zealand and the United States), as well as 11 abstentions. According to the UN, the "Declaration is the most comprehensive international instrument on the rights of Indigenous peoples. It establishes a universal framework of minimum standards for the survival, dignity and well-being of the Indigenous peoples of the world and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of Indigenous peoples." In 2010, the Harper Conservative government endorsed UNDRIP, describing it as an "aspirational document," but took no action. The Trudeau Liberals, in their 2015 election platform, pledged to implement the UNDRIP and in May 2016 Canada officially announced that it was "fully adopting this and working to implement it within the laws of Canada, which is our Charter." Two months later, then-Minister of Justice Jody Wilson-Raybould, speaking to the Assembly of First Nations General Assembly on July 12, said that "simplistic approaches, such as adopting the UNDRIP as being Canadian law are unworkable and, respectfully, a political distraction to undertaking the hard work required to actually implement it." In 2018, NDP Member of Parliament Romeo Saganash introduced Bill C-262 as a private member's bill in the House of Commons. It called for UNDRIP to be integrated into Canadian law. But the bill ultimately died on the order paper in the Senate before the 2019 federal election. 2. Commenting on An Act respecting First Nations, Inuit and Métis children, youth and families, on July 7, 2020, Dr. Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society of Canada, noted that despite this legislation, underfunding and uncertainty regarding federal funding of Indigenous child and family services continues. She pointed out that the federal government had no problem finding funds for COVID-19 intervention but not for Indigenous children. (With files from Government of Canada, Mi'kmaq Rights Initiative, UNDRIP. Photos: TML, Solidarity Kjipuktuk)
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The action plan
must include measures "to address injustices, combat prejudice and
eliminate all forms of violence and discrimination, including systemic
discrimination, against Indigenous peoples and Indigenous elders,
youth, children, women, men, persons with disabilities and
gender-diverse persons and two-spirit persons; to promote mutual
respect and understanding as well as good relations, including through
human rights education; [and measures] related to monitoring,
oversight, recourse or remedy or other accountability measures with
respect to the implementation of the Declaration."
The issue of
interpretation of informed consent not constituting a veto is the
diversion the government uses in its attempt to cover up that its
relations with the Indigenous nations are those of a colonial power
which asserts its right to govern "the natives." It is pathetic.
The above
paragraph speaks directly to the current struggle the Mi'kmaq are
waging against the Canadian state to affirm their hereditary and treaty
fishing rights. It is clear that Bill C-15 will be used to undermine
their struggle by the government holding veto on fishing licences and
regulations under the Fisheries Act. By sleight of
hand, the Liberals aim to undermine the struggle of the Mi'kmaq to
affirm their sovereign rights to fish and engage in a self-defined and
self-regulated "moderate livelihood" fishery, while covering up the
fact that it is the state that has created the conditions to split and
divide the small fishers including Indigenous fishers, encouraged
strife among them through the Department of Fisheries and Oceans,
subsidized the biggest fishing monopolies such as Clearwater Seafoods,
and sold out to foreign trawlers and factory fishing, causing grave
damage to Indigenous and small fishers as well. The government has
moved away from any obligations to uphold and respect the historic
Peace and Friendship Treaties signed by the Crown in 1760-61, through
which the Mi'kmaq affirmed their sovereignty and did not cede their
land, maritime or other rights. It is noteworthy that the Assembly of
Nova Scotia Mi'kmaw Chiefs has denounced the Trudeau government for
refusing to meet with them regarding fishing rights.