United Nations Declaration on the Rights of Indigenous Peoples Act (Canada) facts for kids
Quick facts for kids United Nations Declaration on the Rights of Indigenous Peoples Act |
|
|---|---|
 |
|
| Parliament of Canada | |
| An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples | |
| Citation | S.C. 2021, c. 14 |
| Enacted by | House of Commons |
| Date passed | May 25, 2021 |
| Enacted by | Senate |
| Date passed | June 16, 2021 |
| Date of Royal Assent | June 21, 2021 |
| Date commenced | June 21, 2021 |
| Legislative history | |
| Bill introduced in the House of Commons | Bill C-15 |
| Introduced by | David Lametti, Minister of Justice |
| First reading | December 3, 2020 |
| Second reading | April 19, 2021 |
| Third reading | May 25, 2021 |
| Bill introduced in the Senate | Bill C-15 |
| First reading | May 25, 2021 |
| Second reading | June 3, 2021 |
| Third reading | June 16, 2021 |
| Status: In force | |
The United Nations Declaration on the Rights of Indigenous Peoples Act (also called Bill C-15) is a law in Canada. It was created by the Parliament of Canada in 2020. This law helps make sure that Canadian laws follow the Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP is a set of rights for Indigenous peoples around the world.
This law means the Canadian government must work with First Nations, Métis, and Inuit peoples. They need to make sure Canadian laws match the 46 articles (or parts) of UNDRIP. A very important part of this law is requiring free, prior and informed consent (FPIC). This means Indigenous peoples must agree freely to projects or decisions that affect them.
The law also says the government must create a plan within two years. This plan will show how they will achieve UNDRIP's goals. They also have to report every year on their progress.
This law is a response to important calls for action. It comes from the Truth and Reconciliation Commission of Canada (TRC). The TRC asked Canada to adopt UNDRIP as a way to make things right with Indigenous peoples. It also responds to the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG).
Many Indigenous leaders and groups supported this law. For example, Chief Perry Bellegarde of the Assembly of First Nations welcomed it. Over 37 Indigenous Nations and 125 human rights supporters also backed the bill.
Contents
How the Law Was Created
Canada's Journey with UNDRIP
The United Nations (UN) passed UNDRIP in 2007. At that time, Canada voted against it. This was under a Conservative government. But in 2010, the government changed its mind. They said they supported UNDRIP as a guide for what to aim for.
Then, in May 2016, Crown-Indigenous Relations Minister Carolyn Bennett officially removed Canada's objection to UNDRIP. This happened at the United Nations.
Earlier Attempts: Bill C-262
Before Bill C-15, there was another attempt to bring UNDRIP into Canadian law. This was Bill C-262. It was introduced in 2016 by NDP Member of Parliament (MP) Roméo Saganash.
Even though Prime Minister Trudeau had promised to implement UNDRIP, his government was not sure about Bill C-262 at first. They thought it might be "unworkable." But later in 2016, the government changed its mind and supported it. However, Bill C-262 did not become law. It was stopped in the Senate by a filibuster. A filibuster is when a group tries to delay or block a vote.
Creating Bill C-15
In December 2019, the Liberal Party of Canada government promised to implement UNDRIP. This promise was made in the Throne Speech. This is a speech that outlines the government's plans.
On December 3, 2020, Minister of Justice David Lametti introduced Bill C-15. It was presented to the House of Commons. The new bill used the ideas from the earlier Bill C-262. It also added new parts and goals. This was done with help from the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council.
Many groups showed their support for Bill C-15. On March 9, 2021, the Grand Council of the Crees (Eeyou Istchee) wrote an open letter. It was published in The Hill Times. The letter asked for the bill to become law quickly. Many Indigenous Nations, governments, and human rights advocates signed this letter.
The bill went through different stages in Parliament. Committees studied it and suggested changes. For example, they added parts about systemic racism. They also said that old ideas like doctrines of discovery and terra nullius are racist. These ideas were used in the past to claim Indigenous lands. The committees also shortened the time for the action plan from three years to two.
Finally, the Senate passed Bill C-15 on June 16, 2021. It received Royal Assent on June 21, 2021. This means it officially became law.
Concerns About the Law
Even with wide support, some groups had concerns about Bill C-15. One main concern was about "Free Prior and Informed Consent" (FPIC). The law says FPIC is needed, but it does not clearly define it.
Some people worried that without a clear definition, it might allow individuals to stop important national projects. Others feared that without a strong "veto" power, it would not be true consent for Indigenous peoples.
Idle No More, an Indigenous rights group, and other groups did not support Bill C-15 at all. They felt it could harm Indigenous self-governance. Russ Diabo, a former advisor to Indigenous chiefs, said the bill might try to fit Indigenous rights into Canada's existing laws. He believed this might not fully respect international laws about Indigenous rights.
See also
