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In a landmark decision earlier this year, the Supreme Court of Canada concluded that the United Nations Declaration on the Rights of Indigenous Peoples is now part of the positive law of Canada.[1]
This is partly a consequence of the federal UN Declaration Act which requires consistency between the laws of Canada and the provisions of the UN Declaration,[2] as well as other key federal laws imbedding a commitment to implement the Declaration.[3]
It is also a consequence of the nature of the Declaration itself. Adopted by the UN General Assembly on September 13, 2007, the UN Declaration states the global “minimum standards” for upholding the individual and collective human rights of Indigenous Peoples. It is the product of more than two decades of intensive deliberation and consensus-building amongst States and Indigenous Peoples. The duty to implement the Declaration has since been repeatedly affirmed in consensus resolutions of the UN General Assembly.[4]
Unfortunately, in Canada, the Declaration was highly politicized from the outset, delaying meaningful efforts toward its implementation by more than a decade. Over the years, the Coalition has issued numerous statements and factsheets attempting to correct false and misleading claims about the Declaration. [5]
Now the governments of Canada, British Columbia, and the Northwest Territories have all enacted legislation to facilitate their implementation of the UN Declaration.[6] Progress is being made, yet it seems that some still question the value of the Declaration.
In British Columbia, provincial Conservative leader John Rustad has stated that if his party is elected, he will repeal that province’s UN Declaration implementation legislation, though he supported this legislation when it was unanimously adopted by the BC legislature in 2019.
Rustad has claimed that repealing the legislation is necessary to provide certainty and stability for landowners and industry. However, it is clear that abandoning an implementation plan that is already in progress, backtracking on promises to Indigenous Peoples, ignoring Supreme Court jurisprudence, and violating Canada’s international human rights commitments will lead to conflict and uncertainty, not stability and clarity.
Implementation of the Declaration is a long and complex process, and it is far from realized. This is not because of problems with the Declaration; it is the consequence of how much work remains to be done to overcome deeply entrenched colonialism and discrimination in Canadian law and policy.
Indigenous Peoples deserve fast progress toward resolving the many injustices that continue to cause harm to individuals, families and communities, including poverty, a lack of affordable housing, substandard health and education, and a lack of clean drinking water. Every politician should support efforts to alleviate these harms and uphold basic human rights.
Learn more about the United Nations Declaration on the Rights of Indigenous Peoples
Today, on the anniversary of the global adoption of the Declaration, we want to emphasize the importance of continued progress toward fulfilling Canada’s human rights obligations. Legislation to implement the Declaration was adopted by the Canadian Parliament, and in British Columbia and the Northwest Territories. A wide spectrum of political parties, including all parties in the House of Commons, have expressed support for the UN Declaration.[7] We must continue to stand together to affirm the rights of Indigenous Peoples and implement the UN Declaration.
[1] Attorney General Quebec v Attorney General Canada, 2024 SCC 5 paras 4, 15. For commentary on this decision, and a second Supreme Court ruling also from this year, see: Declaration Coalition, Supreme Court of Canada decisions underline the significance of the UN Declaration on the Rights of Indigenous Peoples in Canadian law, 24 May 2024. https://www.declarationcoalition.com/2024/05/24/coalition-statement-supreme-court-of-canada-decisions-underline-the-significance-of-the-un-declaration-on-the-rights-of-indigenous-peoples-in-canadian-law/
[2] United Nations Declaration on the Rights of Indigenous Peoples Act, S.C. 2021, c. 14.
[3] For example, Indigenous Languages Act, S.C. 2019, c. 23 and An Act respecting First Nations, Inuit and Métis children, youth and families, SC 2019, c. 24.
[4] For example, in A/RES/70/232, A/RES/69/159, and A/77/460
[5] See for example, Interpreting the UN Declaration on the Rights of Indigenous Peoples: Myths and Misrepresentations, and Free, prior and informed consent factsheet, June 2018 (https://www.declarationcoalition.com/wp-content/uploads/2022/03/FPIC-factsheet-June-2018-Declaration-Coalition-1-2.pdf)
[6] United Nations Declaration on the Rights of Indigenous Peoples Act, S.C. 2021, c. 14; Declaration on the Rights of Indigenous Peoples Act, SBC 2019, c. 44; United Nations Declaration on the Rights of Indigenous Peoples Implementation Act, SNWT 2023, c. 36.
[7] For example, the Conservative government in 2010 here, the Liberal government here, and the NDP here.
This statement was endorsed by the following organizations and individuals:
Amnistie Internationale Canada Francophone
Ana Collins
British Columbia Treaty Commission
Canadian Friends Service Committee
Cheryl Knockwood
Chief Edward John
Ellen Gabriel, Kanehsatà:ke Land Defender
First Nations Summit
Grand Council of the Crees (Eeyou Istchee) / Cree Nation Government
Indigenous World Association
Lea Nicholas Mackenzie
Mariam Wallet Aboubarkine
Matthew Norris, President, Urban Native Youth Association
Regional Chief Terry Teegee, British Columbia Assembly of First Nations
Sashia Leung
Tl’azt’en Nation
Tŝilhqot’in National Government
Union of British Columbia Indian Chiefs
Download this open letter in PDF. Learn more about the UN Declaration.
