Understanding the United Nations Declaration on the Rights of Indigenous Peoples Act

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The United Nations Declaration on the Rights of Indigenous Peoples Act, effective from June 21, 2021, aims to protect and promote Indigenous rights, including self-determination and equality. Key elements include the preamble emphasizing reconciliation, interpretive elements in Section 2, and the designation of a Minister for implementation in Section 3.

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United Nations Declaration on the Rights of Indigenous Peoples Act Explained

Overview On June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act came into force. The Act provides a framework to advance the Government of Canada s implementation of the UN Declaration on the Rights of Indigenous Peoples (the Declaration) in partnership with Indigenous peoples. 2

Overview The Act is about protecting and promoting Indigenous rights, including rights to self-determination, self-government, equality, and non-discrimination as a basis for forging stronger relationships with First Nations, Inuit and M tis peoples. The Act consists of a number of preambular provisions followed by seven sections and a schedule, which attaches the Declaration to the Act. 3

Key Elements Preamble, Sections 2 and 3 Preamble Sets out the context of the Bill, including: Role of the Declaration as the framework for reconciliation; Acknowledgement of inherent rights and the importance of respecting treaties and agreements; Emphasizes the need to take diversity across and among Indigenous peoples into account in implementing the legislation. 4

Key Elements Preamble, Sections 2 and 3 Section 2 Sets out interpretive elements, including: Definitions, including Declaration and Indigenous peoples ; A non-derogation clause; Clarifies that the Act does not delay the application of the Declaration as an interpretive tool in Canadian law. 5

Key Elements Preamble, Sections 2 and 3 Provides for the designation of a Minister for the purposes of the Act. The Minister of Justice was named the Minister responsible for the Act by Order in Council on June 24, 2021. Section 3 6

Key Elements Sections 4 and 5 Section 4 Affirming the Declaration as a universal international human rights instrument with application in Canadian law ; and Providing a framework for the Government of Canada s implementation of the Declaration. Describes the purposes of the Act as: 7

Key Elements Sections 4 and 5 Requires measures to ensure laws are consistent with the Declaration This requires that measures be taken over time to ensure that federal laws are consistent with the Declaration; Such measures must be taken in consultation and cooperation with Indigenous peoples; Like the rest of the Act, this obligation applies only to federal laws and does not seek to bind provincial or territorial governments. Section 5 8

Key Elements Section 6 Requires the Minister to develop and implement an action plan to achieve the objectives of the Declaration Section 6 The plan must be developed in consultation and cooperation with Indigenous peoples and with other federal ministers. The plan must be completed within 2 years, by June 21, 2023 and be tabled in Parliament and made public following its completion. 9

Key Elements Section 6 Requires the Minister to develop and implement an action plan to achieve the objectives of the Declaration Section 6 The plan must include measures to: tackle violence and discrimination against Indigenous peoples; promote understanding through human rights education; ensure accountability with respect to implementation of the Declaration; and monitor the implementation of the plan and for reviewing and amending the plan. 10

Key Elements Section 7 Section 7 Requires the preparation of annual reports Reports must be prepared in consultation and cooperation with Indigenous peoples The report must: Address the measures taken to ensure the laws of Canada are consistent with the Declaration and the preparation and implementation of the action plan; and Be tabled in each House of Parliament, and be made public 11

Key Elements Section 7 Section 7 Requires the preparation of annual reports Subsection 7(3) provides that the report stands permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to Indigenous peoples. 12