Appearance before the Standing Senate Committee on Aboriginal Peoples: Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, May 7, 2021

The Standing Senate Committee on Aboriginal Peoples

Friday, May 07, 2021
11:00 AM to 1:00 PM
Virtual

Appearance by:

Table of contents

Overview

Scenario note

Logistics

Date: Friday, May 07, 2021
Time: 11:00 am – 1:00 pm
Location: Videoconference (Zoom)

Subject: Pre-study of Bill C-15, United Nations Declaration on the Rights of Indigenous Peoples Act

Appearing:

11:00 a.m. - 12:00 p.m.

  1. The Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations
  2. The Honourable David Lametti, Minister of Justice and Attorney General of Canada

Crown-Indigenous Relations and Northern Affairs Canada

  1. Ross Pattee, Assistant Deputy Minister, Implementation Sector
  2. Marla Israel, Director General

Justice Canada

  1. Laurie Sargent, Assistant Deputy Minister, Aboriginal Affairs Portfolio
  2. Sandra Leduc, Director and General Counsel, Aboriginal Law Centre
  3. Koren Marriott, Senior Counsel, Aboriginal Law Centre

12:00 p.m. – 1:00 p.m.

Crown-Indigenous and Northern Affairs Canada

  1. Ross Pattee, Assistant Deputy Minister, Implementation Sector
  2. Marla Israel, Director General

Justice Canada

  1. Laurie Sargent, Assistant Deputy Minister, Aboriginal Affairs Portfolio
  2. Sandra Leduc, Director and General Counsel, Aboriginal Law Centre
  3. Koren Marriott, Senior Counsel, Aboriginal Law Centre

Context

This will be the first APPA meeting with witnesses on their pre-study of Bill C-15, United Nations Declaration on the Rights of Indigenous Peoples Act.

Ministers will appear for one hour with officials remaining for the second hour. Both Ministers will provide opening remarks.

Background:

The Ministers will be appearing as the first witnesses on the bill. They are likely to be questioned on the process of its development, consultations, the action plan for its implementation, and accountability measures to report on progress to Parliament and the public, as well as the amendments made to the bill during parliamentary study, to date.

Bill C-15 closely resembles former Private Members' Bill, Bill C-262, United Nations Declaration on the Rights of Indigenous Peoples Act, introduced in April 2016 by former MP Romeo Saganash (NDP). Bill C-262 was studied at APPA over the course of four meetings, from May to June 2019 but ultimately died on the Order Paper.

Bill C-15 was studied by the Standing Committee on Indigenous and Northern Affairs over the course of seven meetings (including pre-study), hearing from 47 witnesses. Six amendments were adopted by the committee, all of which were supported by witness testimony.

Senators' Questions during Senate Briefing:

Senator Mary Jane McCallum (ISG, Manitoba)

  • How does clause 5 align with article 46 of the UN Declaration regarding sovereignty of laws? What about FPIC and its lack of definition?

Senator Diane Griffin (CSG, PEI)

  • Should FPIC be defined in the Bill? What is the status of similar legislation at the provincial level? 

Senator Josée Forest-Niesing (ISG, Ontario)

  • How will the Action Plan be undertaken in two years, how will the work be divided into phases, how will Indigenous groups be engaged in its development?

Senator Dennis Glen Patterson (CPC, Nunavut)

  • What are the concerns of the industry sector regarding FPIC and what it means to them? Did engagement extend to the Chief and Council level?

INAN – Key Testimony

Romeo Saganash, as an individual

  • Said that there is no State that has expressed opposition to the UN Declaration
  • Spoke to the differences between Bill C-15 and Bill C-262, noting in some ways Bill C-15 goes further than Bill C-262.
  • Spoke to the significance of the preamble: that the doctrines of superiority are condemned as racist and legally invalid; that all forms of colonialism are rejected and the government is committed to reconciliation based on the principles of justice, equality, and respect for human rights; that there is an urgent need to promote and respect the inherent rights of Indigenous peoples, and; that Indigenous peoples have an inherent right to self-governance.

Congress of Aboriginal Peoples (CAP)

  • Expressed support for the Declaration
  • Expressed concern that Bill C-15 leaves out non-status, off-reserve Indigenous peoples

National Coalition of Chiefs

  • Voiced concerns with Bill C-15, believing that the bill is unclear and will deter future investment in Indigenous communities, specifically around natural resource development projects. He specifically focused on the concept of FPIC, questioning who gives consent, and whether this would amount to a veto in practice, adding uncertainty to projects.

First Nations Financial Management Board

  • Noted that due to the short notice of his appearance, a written brief was produced by the Board and would be submitted to the committee. He believed that the best way to change the current status quo was to recognize that changes needs to occur, and to begin earnest discussions about how to improve things; that there needed to be a recognition that Indigenous peoples have a place in the Canadian economy. He spoke to the recent Clearwater transaction in Atlantic Canada as an example of the opportunities that exist when Indigenous communities have rights, title, and the ability to engage in development. He views Bill C-15 as beginning the conversation to reach clarity over issues, such as duty to consult, that have lacked clarity over the last 10 years.

Grand Council of the Crees (Eeyou Istchee)

  • Focused on FPIC, stating that the notion of veto is not in his vocabulary when dealing with projects, nor does it exist in the Declaration or Bill C-15.
  • Views Bill C-15 and the Declaration as ending unilateral decision making. 

Assembly of First Nations Quebec-Labrador

  • Supports the Declaration and efforts to implement it, but does not support Bill C-15 in its current form as is needs to go much further, but have to support it under duress.
  • Identified amendments, including: amending section 2.2 to specifically state that the Declaration should be used to interpret section 35 of the Constitution; that the non-derogation clause should be removed; that the body of the bill should include the repudiation of the doctrines of superiorities, and; that the Declaration should be considered in any legal ruling involves the rights of Indigenous peoples.

First Nations Major Projects Coalition

  • Noted the importance of revenue streams in order to further advance Indigenous self-governance, reconciliation, and to achieve the future envisaged by the Declaration
  • Noted the need to create self-sustaining Indigenous governance structures; furthering a new Nation-to-Nation partnership; and advocated for direct First Nations involvement in economic development through mechanisms like equity ownership of projects.

Mining Association of Canada

  • Expressed support for incremental implementation of the Declaration.
  • Noted concerns that without adequate resourcing, training of federal officials, and co-development with Indigenous and industry stakeholders, Bill C-15 could ultimately create more uncertainty for the sector and make projects more difficult to undertake.
  • Wants clarity on whether the Declaration is legally binding and how FPIC is defined.

Indian Resource Council (IRC)

  • Expressed support for the UN Declaration, but also concern for unintended consequences of Bill C-15, namely the slowing down or blocking of economic development projects, if uncertainty was increased
  • Noted specific concerns around the definition of consent and who can provide it; whether it was a veto or not, and; special interest groups "weaponizing" Bill C-15 to stop resource projects they do not support.

Canadian Association of Petroleum Producers (CAPP)

  • Noted they fully support implementation of the Declaration in Canada that is consistent with the Constitution and Canadian law
  • Expressed concern that Bill C-15 would increase uncertainty, and that as a result new projects would be limited and investments would be harder to attract.
  • Recommended clarifying whether Bill C-15 means automatic application in domestic law; defining FPIC; ensuring the action plan is the main vehicle to make the Declaration actionable in Canada; ensuring the action plan is co-developed, and; that the action plan is adequately resourced and contains clear accountabilities.

Meeting Proceedings

The meeting is scheduled to occur from 11:00 am to 1:00 pm via the web platform Zoom.

The Minister is asked to sign in at 10:50 am to complete an audio test; officials are asked to sign in at 10:00 am for a similar test. The Zoom link will be sent directly from the Senate to the witnesses.

The first hour will see remarks delivered by Ministers (six minutes each) followed by rounds of questions from committee members. The clerk has advised that the Chair will seek to keep questions and answers to three minutes to allow multiple rounds of questions, as time permits. The meeting can be watched via Parlvu, however there is a 70-second delay.

While simultaneous translation will be available, witnesses are asked to respond to questions in either language but to limit switching back and forth between languages as this often creates technology/interpretation challenges.

The Chair will open the meeting and provide instructions for the meeting proceedings. He will then introduce all witnesses. Ministers will deliver remarks as per standard practice. It is recommended witnesses speak slowly, and at an appropriate level, to ensure the interpreters can hear you, as well as to mute your phone when you are not speaking.

Opening Remarks

Remarks For the Honourable Carolyn Bennett
Minister of Crown-Indigenous Relations

For an appearance before the Standing Senate Committee on Anoriginal Peoples (APPA)

Bill C-15: United Nations Declaration on the Rights of Indigenous Peoples Act

Senate
May 7, 2021
Check against delivery

Merci

I speak to you today from the traditional territory of the Mississaugas of the Credit First Nation. I want to pay tribute to those who paddled in these waters and whose moccasins have trod this land.

It's a pleasure for me to appear before this committee to discuss Bill C-15, and with me today are Ross Pattee, Assistant Deputy Minister, Implementation Sector, and Marla Israel, Director General.

After six years of hearings, the Truth and Reconciliation Commission (TRC) Call to Action 57 focused on the importance of education on the United Nations Declaration on the Rights of Indigenous Peoples and stated that it charts a path "for reconciliation to flourish in 21st century Canada".

After three years of listening to families and survivors, the National Inquiry into Missing and Murdered Indigenous Women and Girls called on governments to "immediately implement and fully comply with" the Declaration.

The Declaration is of critical importance to Indigenous Peoples across Canada and is the result of decades of tireless effort, negotiation and sustained advocacy at the United Nations by inspiring Indigenous leaders, including Dr. Wilton Littlechild who I believe will be appearing before your committee later in your study.

When we introduced Bill C-15 last December, Dr. Littlechild summarized this legislation as, "a roadmap to reconciliation."

I would also like to take this opportunity to recognize the leadership of former M.P. Romeo Saganash and to thank him for his work in Parliament and from coast to coast to coast with Indigenous Peoples to advance Bill C-262, which served as the foundation for this Bill.

The introduction of Bill C-15 fulfills our government's commitment to introduce legislation to implement the Declaration establishing Bill C-262 as the floor, rather than the ceiling.

Engagement

Prior to the Bill's introduction, 33 bilateral sessions took place with the AFN, ITK, and MNC.

In addition, more than 450 people participated in 28 regional engagement sessions last fall, providing feedback and advice on potential enhancements to the consultation draft of the Bill.

Provincial and Territorial governments, experts and industry stakeholders also informed the development of the Bill.

I truly believe that engagement on public policy and legislation needs to be inclusive and meaningful. I am proud that the Bill was improved by the advice we received from many Indigenous partners and experts.

The preamble and the Bill itself acknowledges the diversity within Indigenous populations in Canada and the need to recognize the two spirit and gender diverse communities that are not recognized in the Declaration, which is static.

Since the introduction of the Bill, extensive meetings have been held with Indigenous partners and stakeholders.

These ongoing discussions have informed a number of further amendments, which passed at the House committee.

The express inclusion of racism in the preamble and body of the bill, the rejection of the doctrines of discovery and terra nullius, and the focusing of the timeline to co-develop the action plan to two years were all improvements advocated and supported by a many Indigenous partners.

I also note that there has been more than 13 years since the Declarationwas adopted by the UN General Assembly and that Bill C-262 was the subject of extensive public engagement and parliamentary study.

We are committed to meaningful co-development of the Bill's action plan with Indigenous partners and experts to ensure that the implementation is effective and accountable.

We have already begun preliminary discussions with Indigenous partners on the design of that process, and Budget 2021 provides $31.5 million over two years to support its co-development.

The Declaration

Recognizing and respecting Indigenous rights means that Indigenous Peoples are at the table for decisions that impact their rights.

The Declaration also recognizes the right of Indigenous Peoples to the improvement of their economic and social conditions, including education, employment, housing, sanitation, health and social security.

I am so grateful for my conversation with Mary Ellen Turpel Lafond on her findings about racism in healthcare 'In Plain Sight.'

She was very clear about the importance of Article 24 in the Declaration –

"Indigenous peoples have the rights to their traditional medicines and to maintain their health practices …. Indigneous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health….".

The Declaration will be a foundation for the future legislation on Indigenous health.

Together with the TRC Calls to Action, the Declaration provides a clear path so that all Canadians can see themselves as a partner on the journey of reconciliation in Canada's future.

Conclusion

As I have said before: implementing the Declaration should not be scary.

Bill C-15 is about shedding our colonial past and writing the next chapter together as partners with Indigenous Peoples.

I urge all Senators to support this fundamental and necessary change by supporting this Bill.

Thank you. Meegwetch.

Issues

Engagement on Bill C-15 - Key points

  • We know some have expressed concern about the length of engagement on C-15. Despite a shortened engagement process, the Bill's additions to the foundation of C-262 reflect the content requested by many Indigenous partners.
  • In total, over 70 virtual sessions took place and we heard  the views of over 462 participants, giving us feedback and advice on potential enhancements to a consultation draft of legislative text, based on former Private Member's Bill (PMB) C-262.
  • Between June and November 2020, the Government held 33 bilateral sessions with the AFN, ITK, and MNC involving extensive technical discussions on the contents of C-15.
  • In addition, we undertook an intensive six week broader engagement last fall with a series of virtual sessions on the development of the draft legislation, with a wide cross-section of Indigenous partners.

If Pressed on Engagement

  • The engagement last fall included Modern Treaty and Self-Governing First Nations; Inuit regions, other rights holders, national and regional women's organizations; youth; LGBTQ representatives; and non-Indigenous stakeholders. More specifically:
    • 28 engagement sessions with Rights holders, Modern Treaty partners, other national/regional organizations, including women's organizations.
    • 4 Industry specific roundtables with key sectors (Minerals and Metals; Clean Energy; Forestry; and Petroleum sectors) joined by Indigenous participation.
    • 5 sessions with Provinces and Territories (1 ADM meeting, 2 DM tables, 2 Ministerial meetings). Some of these meetings included Indigenous experts and leaders.
    • 1 roundtable with Indigenous youth from the AFN, ITK and MNC, Canadian Roots Exchange and law students.

Ongoing Engagement

  • Engagement did not stop when the bill was introduced. Our offices and departments have been meeting extensively with Indigenous partners and other stakeholders since introduction and will continue to do so throughout the parliamentary process. Through these discussions we have heard further potential improvements to the bill and we are open to further improvements  and are actively reviewing potential amendments put forward since introduction.
  • As you know, the bill also requires the creation of an action plan, working in consultation and cooperation with Indigenous partners.
  • I can assure you that process will not only be inclusive and extensive, but  the process to develop the action plan will be designed with input and in collaboration with Indigenous partners.
  • To facilitate hitting the ground running once we achieve Royal Assent, we are planning on having preliminary discussions on designing that process very soon and concurrent with the parliamentary process.

Chiefs of Ontario

  • The Chiefs of Ontario and the First Nations represented by them are an integral part of this bill.
  • We understand there are a range of views regarding the Ontario Chiefs' support, with many in favour and others undecided.
  • We understand some of the frustration regarding the shortened engagement process. We continue to work closely with the Chiefs of Ontario to explore the measures contained within the Bill and future opportunities to engage on the development of the Action Plan.
  • We are working with them to support further engagement with membership, to analyze the bill and respond to any questions or concerns.

Length of Engagement Process

  • Building on extensive technical discussions with NIOs over the summer, there was  an intensive series of engagement sessions during the fall with a wide range of Indigenous organizations, representatives bodies, Chiefs and Councils and others.
  • While we recognize that some partners would have preferred a longer engagement process, this process yielded an incredible amount of positive and meaningful contributions, much of which was reflected in the bill that was introduced.
  • In total, over 70 virtual sessions took place and we heard the views of over 462 participants, giving us feedback and advice on potential enhancements to a consultation draft of legislative text, based on former Private Member's Bill (PMB) C-262.
  • Engagement also did not stop with the introduction of the legislation and extensive engagement has continued with Indigenous partners and will continue during the legislative process and as we move forward on implementation.   

Engagement with Youth

  • A virtual roundtable took place on November 5th with Indigenous youth from the AFN National Youth Council, Métis Nation Youth Advisory Council, National Inuit Youth Council, the Canadian Roots Exchange and Canadian law schools.
  • I was inspired by the energy and commitment of the participants, particularly in the breakout session I led, on what it means to apply a gender and diversity lens to the Declaration.
  • Participants in the roundtable also discussed educating people about the Declaration, on-the-ground benefits of the Declaration for Indigenous communities and, a consultation draft based on former Private Member's Bill C-262.

Engagement with Women

  • During the Fall engagement process, officials heard from a number of women's organizations including Native Women's Association of Canada, Pauktuutit, Women of the Métis Nation, Femmes autochtones du Québec, and Ontario Native Women's Association.
  • The organizations highlighted the importance of incorporating a gender diverse and inclusive lens as a key component of the legislation and referencing the National Inquiry into Missing and Murdered Indigenous Women and Girls Calls for Justice.
  • I am pleased that we were able to incorporate these suggestions from the women's organizations into the Bill. I continue to work closely with women's groups to ensure that the implementation of the bill, if passed, will incorporate the specific issues important to women and girls.    

Engagement with Industry

  • The Government of Canada held four roundtables with representatives from the minerals & metals, clean energy, forestry, and petroleum sectors.
  • Hosted by officials from Natural Resources Canada, Justice Canada, and CIRNAC, these sessions brought together National Indigenous Organizations, industry representatives. It also included government officials from departments, including the Impact Assessment Agency.
  • We heard about the relationships built between industry and Indigenous peoples across the natural resources sectors.
  • Industry representatives were committed to sharing their experience in working collaboratively with Indigenous peoples as part of their work to advance reconciliation in Canada.

LGBTQ

  • Canada recognizes the need to reflect diverse perspectives in the legislation, to meaningfully inform the path forward.
  • In our Fall engagement process, we heard the importance of incorporating a gender diverse and inclusive lens in the legislation. This was reinforced in discussion with the MMIWG Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual (2SLGBTQQIA) sub-working group.
  • Referencing the National Inquiry into Missing and Murdered Indigenous Women and Girls Calls for Justice in the legislation was also a top priority.
  • I am pleased to note that Bill C-15 does both these things.

Provincial/Territorial positions (Alberta/Saskatchewan/Ontario/Quebec)

  • Minister Lametti and I met with the provinces and territories on two separate occasions to discuss the proposed legislation. We particularly benefited from hearing of the experiences of British Columbia in the development of their own legislation.
  • Several meetings were also held at the Deputy Minister and Assistant Deputy Minister levels with provincial and territorial partners during the fall of 2021.
  • While most provinces and territories support federal legislation and remain supportive of rights referenced in the Declaration, some provinces remain concerned, in particular, about potential impacts of the bill on areas of provincial jurisdiction and on the interpretation of free, prior and informed consent.  
  • Bill C-15 remains uniquely a federal process and imposes obligations only on the federal government.

Free, Prior and Informed Consent

  • Free, prior and informed consent is not a new concept. It reflects the key elements of meaningful participatory processes.
  • Decades of jurisprudence have guided government in how we strive to fulfill the duty to consult and accommodate Indigenous groups meaningfully when proposed measures might adversely impact potential or established Aboriginal or treaty rights.
  •  This has contributed to greater certainty in the way consultation is conducted in this country, not only between governments and Indigenous peoples but also between the private sector and Indigenous peoples.
  • Co-management regimes between Indigenous peoples, territorial and federal governments have existed for years in the North with positive effect.
  • Meaningful engagement results in positive outcomes for all, resulting in the advancement of major projects, while protecting wildlife, safeguarding traditional hunting grounds and ensuring environmental protections.

Defining free, prior and informed consent in the legislation

  • Like other human rights protections set out in international human rights instruments and the Constitution, free, prior and informed consent is a fundamental safeguard that must be understood in context. This makes it challenging to define in legislation.
  • The debate and discussion of this proposed legislation, and the future development of an action plan, will allow for discussions on a variety of elements of the Declaration, including the concept of free, prior and informed consent.

Free, prior and informed consent and industry/natural resource sectors

  • This legislation provides a path forward that helps us build on the existing progress and relationships with Indigenous peoples in the natural resources sectors.
  • The Indian Act and other past discriminatory policies in relation to Indigenous peoples and their lands have not yet been fully resolved in many areas of the country. The Declaration affirms a range of Indigenous rights and related protections that are relevant to natural resource development, including rights relating to lands, territories and resources.

Action Plan

  • During the engagement sessions, we heard repeatedly the importance of working with Indigenous peoples to develop the action plan, and the need to respect timelines for its completion.
  • The importance of the legislation is clear but it is equally important that we meaningfully advance its implementation through ongoing collaboration with Indigenous peoples. Bill C-15 affords us with an opportunity to work with all Canadians, to ensure everyone better understands the importance of Indigenous rights.
  • Reconciliation is not the responsibility of a single Minister. Bill C-15 implicates all federal ministers in the development and implementation of an action plan and I look forward to continuing to work closely with colleagues on their own efforts in this regard.

Annual Report

  • Holding the government to account for results was something we heard repeatedly as we met with Indigenous peoples last Fall.
  • Bill C-15 requires an annual report on work to ensure the laws of Canada are consistent with the Declaration and on the preparation and implementation of the action plan. This report must be prepared in consultation and cooperation with Indigenous peoples.
  • This means that if the bill is passed we will work closely with Indigenous peoples over the coming months and years, to implement the provisions of this Act and to report on progress. 

Inclusion of UNDRIP in recent Bills (Bill C-92, Bill C-97)

  • Since 2016, the Government of Canada has taken a range of measures that contribute to renewed, respectful Crown-Indigenous relationships that align with both section 35 of our Constitution and the Declaration.
  • This has included several pieces of federal legislation that reference the Declaration including An Act respecting First Nations, Inuit and Métis children, youth and families, the Impact Assessment Act, and the Indigenous Languages Act, to name a few.
  • Canada recognizes further work is needed to align existing and future federal laws with the Declaration, over time.

Application of UNDRIP in Canadian Law

  • In Canada, international instruments such as the Declaration can be used as tools to interpret and apply Canadian law.
  • Bill C-15 affirms this principle, but would not give the UN Declaration itself direct legal effect in Canada beyond its existing role as a source for interpreting Canadian laws.
  • Legislation, including Bill C-15, cannot amend the Constitution.
  • Instead, the Bill sets out the important work we need to do, in consultation and cooperation with Indigenous peoples, to align federal laws with the Declaration over time.

Impact on other levels of government

  • Bill C-15 is a federal bill that imposes obligations only on the federal government. We have held discussions with provinces and territories and affirmed this position.
  • Nevertheless, effective implementation would benefit from close collaboration with all levels of government, with civil society, with non-governmental organizations and industry, to ensure better awareness and understanding of Indigenous rights. 
  • Nothing in Bill C-15 would prevent provinces or territories from developing their own plans and approaches to implement the Declaration.

If pressed on "Laws of Canada"

  • As used in Bill C-15 the Government of Canada defines the "Laws of Canada" as federal legislation passed by the Parliament of Canada. This is consistent with the use of that phrase in other federal legislative instruments.
  • The proposed federal legislation on the Declaration will only impose obligations on the federal government. This is a federal bill aimed at aligning federal laws with the Declaration.

Provincial UNDRIP legislation

  • We welcome the opportunity to work closely with provinces and territories in the implementation of the Declaration in Canada.
  • In 2019, British Columbia became the first jurisdiction in Canada to pass legislation to implement the Declaration, following a three year co-development process with British Columbia Indigenous partners.
  • The intent of both Bill C-15 and British Columbia's Declaration Act are very similar and provide a framework to implement the Declaration over time.

If pressed on Accountability measures

  • Bill 41 has similar accountability measures as Bill C-15.
  • It requires the Government of BC to develop an action plan, and to report annually on progress made towards the implementation of the Declaration.
  • A key difference is that British Columbia's legislation includes an opportunity to enter into agreements with Indigenous governing bodies in matters that may affect them. This article was inspired by Canada's own Impact Assessment legislation.  
  • BC's first annual report was published on July 3, 2020 and highlighted steps taken to build a foundation to implement the Act through collaboration.

If pressed on BC's Free, Prior, Informed Consent (85 words)

  • While not referenced in Bill 41, the Government of BC describes Free, Prior, and Informed Consent as: 
  • "Recognizing Indigenous peoples' rights, interests and voices. It means early, deep and meaningful involvement of Indigenous peoples on matters that affect their peoples, communities and territories".
  • As our government has stated from the beginning of this journey down the path of reconciliation, free, prior and informed consent is not a "veto".
  • It is not a veto in Bill 41, it is not a veto in Bill C-15.

If pressed on Other P/T examples (78 words)

  • Many aspects of the Declaration require collaborative action between different levels of government, with some firmly within provincial jurisdiction.
  • Each province and territory will chart their own path to meaningful reconciliation with Indigenous peoples, and many are already engaged in that work.
  • For example, in addition to BC, efforts are ongoing in Nova Scotia, Nunavut, and the Northwest Territories.
  • Our government is committed to working with governments of all levels and Indigenous leadership to advance this important work. 

If pressed on P/T specifics (95 words)

  • Nova Scotia has longstanding agreements, consultation processes, and made-in-province processes for negotiations, all of which are in alignment with the Declaration.
  • In February 2020, the Government of Northwest Territories identified the co-development of an action plan with Indigenous partners to implement the Declaration as a key priority.
  • Nunavut has committed to work with Canada, Nunavut Tunngavik Incorporated and ITK to implement the Declaration in a manner that respects Inuit constitutional rights and the Nunavut Land Claims Agreement.
  • Our government is ready to work with governments of all levels and Indigenous leadership to advance meaningful reconciliation. 

Impact on Territorial Governments and Land Claims

Territorial Governments

  • The proposed federal legislation on the Declaration will only impose obligations on the federal government. This is a federal bill aimed at aligning federal laws with the Declaration.
  • Section 5 of the Bill sets out that the Government of Canada is responsible for taking all measures necessary to ensure that laws are consistent with the Declaration, and the provisions that follow detail a process that clearly occurs at the federal level only.
  • The territorial relationship has evolved and, in many ways, mirrors the federal relationship to provinces. Therefore, territorial delegated authority to legislate in areas relevant to them would be respected.

Land Claims

  • Modern Treaties and Self-Government Agreements, such as the agreements with Yukon First Nations and Inuit regional land claims groups, will not be displaced through this legislation. The Bill's non-derogation clause clearly recognizes and respects existing Treaty rights of modern treaty partners.

Related Issues

INAN Amendments (Justice Canada materials)

# Amendment / Proposed by Rationale New provision
1 Preamble
Adding references to racism and systemic racism
Mr. Anandasangaree (LIB) Vote: 10 - 0
  • Change links to a similar amendment in clause 6 regarding measures to include in the action plan.
  • Amendment is consistent with what was heard during the engagement sessions and following the introduction of the Bill.
  • Addition is consistent with broader government policy and said to enhance the legislation (see clause 6 amendment below).
Whereas the implementation of the Declaration must include concrete measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples and Indigenous elders, youth, children, women, men, persons with disabilities and gender-diverse persons and two-spirit persons
2 Preamble:
Adding reference to doctrines of discovery and terra nullius
Mr. Battiste (LIB) Vote: 9 – 2
  • To clarify and explicitly reference that the doctrine of discovery and terra nullius are among those included in this paragraph. Consistent with input received following introduction of Bill; Indigenous peoples have long pressed for repudiation of these doctrines.
  • Consistent with SCC statements that terra nullius never applied in Canada and Canada's position that such doctrines have no place in modern Canadian law.
  • Links to amendment in clause 6 and preamble re inclusion of racism/systemic racism.
Whereas all doctrines, policies and practices based on or advocating the superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences, including the doctrines of discovery and terra nullius, are racist, scientifically false, legally invalid, morally condemnable and socially unjust
3 Preamble:
Adding clarity to indicate that section 35 rights are not frozen and capable of evolution and growth
Mr. Anandasangaree (LIB) Vote: 6 – 5
  • Clarifies the application of the interpretive principle that s. 35 Aboriginal and treaty rights are not frozen in time and capable of evolution and growth – consistent with comments repeatedly raised by the SCC.
  • Reaffirms the constitutional protection of s. 35 rights
Whereas the protection of Aboriginal and treaty rights – recognized and affirmed by section 35 of the Constitution Act, 1982 – is an underlying principle and value of the Constitution of Canada, and Canadian courts have stated that such rights are not frozen and are capable of evolution and growth
4 Clause 4 – Purpose of Act
To pluralize "purpose" where it
reads "The purpose of this Act…"
Ms. Gazan (NDP) Vote: 9 – 2
  • The change proposed for grammatical reasons.
  • It does not have legal or policy implications given that the Interpretation Act provides that words in the singular are read to include the plural and words in the plural include the singular.
  • French remains in singular for grammatical reasons.
The purposes of this Act are to
5 Clause 6 – Action Plan Content/measures to include (6)(2)(a)(i): to include
reference to "…racism and discrimination, including systemic racism and
discrimination"
Mr. Anandasangaree (LIB) Vote: Unanimous
  • Amendment is consistent with what was heard during the engagement sessions and following the introduction of the Bill – the need to address all forms of discrimination against Indigenous peoples and including specific reference to racism.
  • Addition is consistent with broader government policy and enhances the legislation.
Measures to…address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples and Indigenous elders, youth, children, women, men, persons with disabilities and gender-diverse persons and two-spirit persons, and…
6 Clause 6 – Action Plan Time Limit
(6)(4): reducing action plan timeframe from three to two years
Mr. Anandasangaree (LIB) Vote: Unanimous
  • Change is consistent with input from a number of Indigenous partners that shortening the timeframe is necessary given the number of steps required to implement the Declaration and the urgency in doing so.
  • Reducing the timeframe for the development of action plan, plus the ability to update/revise the plan periodically provides good balance/flexibility to shorten timeframe.
The preparation of the action plan must be completed as soon as practicable, but no later than two years after the day on which this section comes into force

Supplementary Material

Summary of Key Issues in Parliamentary Debate: Bill C-262 and Bill C-15

Party Position Bill C-15 Bill C-262
CPC Oppose Bill C-15
CPC Generally:
  • Lack of clarity on FPIC, especially regarding natural resource development
  • The Declaration is an "aspirational document"
  • Generally supportive of principles of reconciliation
  • Government has not done its due diligence in consultation and in providing clarity on the substance of the bill
Senator Patterson
  • Supports Calls to Justice from the National Inquiry into MMIWG, specifically the Pauktuutit Inuit Women of Canada's calls to build an Inuit-specific shelter
  • Raised concerns regarding the Inuit housing crisis
Senator Ataullahjan
  • Need to take action to address racism, discrimination and hate before it reaches the level of overt threats of violence
Bill C-262
CPC Generally:
  • Lack of definition of FPIC and possible interpretation as a veto
  • Implications for resource industry
  • Questioned the need for a separate system of rights
  • Questioned whether it could result in amendments to the Constitution
  • Reconciling the Declaration with section 35 of the Charter
Senator Patterson
  • Asked about unintended consequences resulting from imprecise language in clause 2 (non-derogation clause) and clause 3, which states the Declaration would be "affirmed as a universal international human rights instrument with application in Canadian law"
  • Asked if ending extinguishment would mean that the Inuit could push to renegotiate the fairness of their land claim agreement
  • Raised questions around the definition and application of FPIC
Senator Plett
  • Spoke to the uncertainty and the concerns of FPIC being a veto
  • Raised concerns about the impact, known and unintended, across Canadian law
  • Said questions about FPIC should have been addressed before introduction
ISG Support Bill C-15
ISG Generally:
  • Supportive, e.g., expressed support for anti-racist healthcare, emphasized importance of UNDRIP as a tool of reconciliation
Senator McCallum
  • Connected the passage of Bill C-15 to addressing safe drinking water on reserves and in remote communities
  • Sees the Declaration as the result of actions by Indigenous peoples, including Chief Littlechild
Senator Galvez
  • Spoke in support of the bill in enshrining the Declaration into Canadian law
Bill C-262
ISG Generally:
  • Supports making the Declaration more actionable
  • The Declaration will help avoid Indigenous people having to take issues to the courts
  • Supports advancing self-determination and self-governance
Senator Pate
  • Said the Declaration and Bill C-262 protect the rights of Indigenous women and girls
Senator Coyle:
  • Asked about implementation and what measures could be taken to clear up any uncertainties
PSG Support Bill C-15
  • Supportive, similar to the ISG
  • Supports advancing reconciliation and addressing racism and systemic discrimination
  • Emphasized the importance of education and reconciliation, especially through legislation
Senator Francis
  • Need to make progress on reconciliation lawmakers at all levels must commit to moving away from the unilateralism of the past centuries, by deepening our understanding of and respect for Indigenous peoples
  • Need meaningful and informed dialogue and collaboration as equals
Senator Dalphond
  • Noted the insufficient understanding of the history, geography and reciprocal nature of treaties with Indigenous nations, their constitutional status and their practical consequences, which is a failure of our education systems and reflective of a history of racist federal policies
Bill C-262
PSG Generally:
  • Supports the bill
  • Former Senator Sinclair sponsored the bill in the Senate
  • Similar positions to the ISG in terms of trying to address perceived myths and misrepresentations of what the bill would and would not do
Senator Dalphond:
  • To address claims of the Declaration becoming an amendment to every law in Canada, he noted there is no provision in the bill that the Declaration would override any federal legislation
Senator Lovelace-Nicholas
  • Asked if the bill would change the fiduciary responsibility of the federal government regarding Indigenous peoples
CSG Oppose Bill C-15
CSG Generally
  • Oppose, similar to CPC, e.g., uncertainty from implementing the Declaration and FPIC
Bill C-262
CSG Generally:
  • Oppose, similar to the CPC, specifically the uncertainties created by a lack of definition of FPIC and if it is a veto
Senator Tannas
  • Asked if a law could be challenged as not being compliant with the Declaration
  • Questioned legal precedents that could be set if the bill is passed
  • Moved an amendment during clause-by- clause to state that FPIC "shall not be interpreted as an ultimate veto but simply
as one aspect of consultation"
Non- Affiliated Support Bill C-15
Senator LaBoucane-Benson
  • Senate sponsor of the bill
Bill C-262
  • Support
  • Viewed FPIC as already evolving in Canadian law as part of duty to consult
Senator LaBoucane-Benson
  • Said the Tsilhqot'in decision of 2014 was a move towards FPIC and consent-oriented interpretation of the duty to consult

Summary of key positions of provinces and territories

PT Support Position/Activities
Alberta
  • Uncommitted
  • Signed letter seeking delayed introduction

Alberta has not expressed a commitment to endorse or implement the Declaration.

Alberta's reconciliation activities are currently focused on increasing Indigenous participation in economic development activities, particularly with natural resources and other major projects.

In a June 4, 2019 letter to the Prime Minister on Bill C-262, Premier Jason Kenney expressed support for the principle of the Declaration. However, the letter also laid out several concerns regarding the Private Members Bill. These include compatibility of FPIC with Alberta's approach to Indigenous engagement, constitutional division of power in resource revenue sharing.

Alberta was cosignatory to the November 27, 2020 letter from six provinces urging Canada to delay introduction of Bill C-15.

British Columbia
  • Supports

British Columbia is currently the only Province with explicit legislation to implement the Declaration.

On October 24, 2019, the Government of British Columbia passed the Declaration on the Rights of Indigenous Peoples Act. Co-developed with the First Nations Leadership Council (a coalition of the three major First Nations representative bodies in the province), the legislation is similar in scope and content to the former federal Private Members Bill C-262. Unique to this bill are Sections 6 and 7, which lay out a process for establishing joint decision-making with Indigenous Governing Bodies.

Manitoba
  • Uncommitted
  • Signed letter seeking delayed introduction

At this time, Manitoba has not committed to implementation of the Declaration. In a March 6, 2020 opinion piece published by the Globe and Mail, Premier Brian Pallister derided potential federal legislation on the Declaration for potentially causing greater economic uncertainty in Canada. This piece focused specifically on provisions around Free, Prior, and Informed Consent, and did not address the broader set of rights within the Declaration.

In 2016, Manitoba passed The Path to Reconciliation Act, which commits the Government of Manitoba to advancing reconciliation, guided by the Truth and Reconciliation Commission Calls to Action and the principles of the Declaration. Pursuant to this legislation, Manitoba prepared Annual Reports on measures taken to advance reconciliation. These reports are largely structured around the Calls to Action, and therefore content on the implementation of the Declaration is limited.

The Government of Manitoba has been primarily focused on economic reconciliation, particularly in resource developments. This has included providing funding for Indigenous partnerships in mineral development projects.

Manitoba was cosignatory to the November 27, 2020 letter from six provinces urging Canada to delay introduction of Bill C-15.

New Brunswick
  • Uncommitted
  • Signed letter seeking delayed introduction

New Brunswick has not committed to endorse or implement the Declaration. To date, reconciliation activities have been primarily focused on assessing the Truth and Reconciliation Calls to Action, as well as on economic reconciliation through resource development.

New Brunswick was cosignatory to the November 27, 2020 letter from six provinces urging Canada to delay introduction of Bill C-15.

Newfoundland and Labrador
  • Uncommitted

Newfoundland and Labrador has yet to take a formal position on the Declaration. Reconciliation activities within the Province have been focused on responding to the Truth and Reconciliation Commission Calls to Action, the MMIWG Calls for Justice, land claims, and closing the socio-economic gap between Indigenous and Non-Indigenous Canadians.

Northwest Territories
  • Supports

The Northwest Territories has endorsed the Declaration and has committed to its implementation. In February 2020, the Government of Northwest Territories released its 2019-2023 mandate. Among the priorities, NWT has committed to "identify, prioritize, and strengthen key actions to further implement UNDRIP".

Nova Scotia
  • Supports generally

Nova Scotia is generally supportive of the Declaration through the lens of its existing reconciliation processes with the Mi'kmaw, including made-in-Nova Scotia negotiation and consultation processes, as well as actions taken to implement the Truth and Reconciliation Commission Calls to Action and the MMIWG Calls for Justice.

Nunavut
  • Supports generally

Nunavut has generally been supportive of the Declaration, with implementation occurring through and consistent with the implementation of the Nunavut Land Claims Agreement. Nunavut has a stated commitment to meeting the TRC Calls to Action, with further actions underway on the MMIWG Calls for Justice.

Ontario
  • Uncommitted
  • Signed letter seeking delayed introduction

Ontario has not formally stated a commitment to implement the Declaration. Reconciliation activities are currently largely focused on economic development initiatives.

On March 6, 2019, the official opposition introduced Private Members' Bill 76, closely modeled after former federal Private Members Bill C-262. The Bill has not progressed beyond the Committee stage.

Ontario was cosignatory to the November 27, 2020 letter from six provinces urging Canada to delay introduction of Bill C-15.

Prince Edward Island
  • Supports generally

Prince Edward Island has expressed general support for reconciliation, but has not committed to endorsing nor implementing the Declaration. The Province's current reconciliation activities revolve around the TRC Calls to Action and the MMIWG Calls for Justice.

Quebec
  • Uncommitted
  • Signed letter seeking delayed introduction

There is currently no public commitment from Quebec to endorse or implement the Declaration. On October 8, 2019, as part of the response to the Viens Commission, the National Assembly unanimously adopted an opposition motion requesting that the Government of Quebec recognize the principles of the Declaration and negotiate its implementation with First Nations and Inuit. The Minister responsible for Indigenous Affairs affirmed the support of the Government of Quebec to the principles of the Declaration. 

Premier Legault has affirmed the desire to recognize and work together with Indigenous peoples but with regards to the Declaration, he has expressed concerns regarding provincial integrity, Quebec's right to self-determination, and that FPIC would constitute a veto to all economic projects.

Quebec was cosignatory to the November 27, 2020 letter from six provinces urging Canada to delay introduction of Bill C-15.

Saskatchewan
  • Uncommitted
  • Signed letter seeking delayed introduction

Saskatchewan has not expressed a commitment to endorse or implement the Declaration. The Province has expressed concerns around the interpretation of provisions on free, prior, and informed consent.

Saskatchewan was cosignatory to the November 27, 2020 letter from six provinces urging Canada to delay introduction of Bill C-15.

Yukon
  • Uncommitted

While Yukon endorsed Canada's 2010 Statement of Support for the Declaration, the Territory has not yet announced any plans to implement the Declaration. On January 12, 2016, Yukon released a Deputy Ministers' Report on the TRC Calls to Action, in which it concluded that the Declaration was not consistent with Final and Self-Government Agreements.

The Premier of Yukon wrote to the Ministers of Justice and Attorney General of Canada, and the Minister of Crown-Indigenous Relations on February 8, 2021, indicating support for Canada's endorsement of the Declaration and commitment to continue to remain engaged on the draft bill. The Premier also sought assurances that there would be no material affect to Yukon's executive and legislative powers as set out in the Yukon Act as a result of the bill, and to remind Canada of the extensive processes already underway in Yukon through modern treaty and self-government agreements and with non-treaty First Nations.

Summary of key positions of Indigenous organisations

Key Indigenous Organizations' Public Positions on Bill C-15 (February 2021)
Indigenous Rights Holders/
Organizations
Public Position
Assembly of First Nations (AFN)

Supportive. Public statement on December 3, 2020 highlighting support for Bill C-15 and hard work that went into the legislation.

"The Assembly of First Nations has long championed the United Nations Declaration on the Rights of Indigenous Peoples and we view that the Declaration is an essential foundation for protecting and realizing the inherent rights and title of First Nations and for building a better relationship with Canada."

"We had a strong team to work with the government's team, working in partnership to come up with a bill that's as strong as and/or better than C-262. I thank them for that." – National Chief Perry Bellegarde, Dec 3, 2020

Appeared at INAN on March 27, 2018 and submitted a brief to APPA for the study of Bill C-262.

Inuit Tapiriit Kanatami (ITK)

Supportive. Public statement on December 3, 2020 support for Bill C-15.

"This is a significant point in Canadian history as we mark the introduction to this particular bill and act respecting to the United Nations Declaration on the Rights of Indigenous Peoples… In Canada and with this bill, the Government of Canada is finally recognizing the interrelated, interdependent and indivisible rights affirmed by the UN declaration as universal and with application in Canadian law. This is an important step towards ending discrimination against Indigenous peoples through the recognition of our distinct status and rights as well as their universal application. It marks a positive departure from the past position of segregating our human rights into an imagined separate underclass of rights." – President Natan Obed, December 3, 2020.

Appeared at INAN on March 22, 2018 and submitted a brief to APPA for the study of Bill C-262.

Métis National Council (MNC)

Supportive. Public statement on December 3, 2020 support for Bill C-15.

"We are actually standing on the shoulders of giants that put this together. This is (inaudible) Canada, the introduction of this bill represents an important step in moving forward and a better future for all of us in Canada, one that recognizes and respects the human rights of Indigenous people. The domestic legislation will show the world that Canada has developed a solid foundation for investments and responsible resource development, green technology and bring all sectors together to be an example for the world to see." – National Spokesperson David Chartrand, December 3, 2020.

"The MNC is particularly pleased to see the Federal Government is committed to taking action to co-develop and introduce legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the first year of the new mandate." December 5, 2019 Newswire.ca, MNC applauds Throne Speech to open 43rd Parliament.

Celeste McKay appeared at INAN on March 22, 2018 during the study of Bill C-262 as a spokesperson for the MNC and provided their position: "But the declaration is more than the sum of its parts. It affirms the right to self-determination. It affirms our rights to lands, territories, and resources..."

Assembly of First Nations of Quebec and Labrador (AFNQL)

Supportive. Public statement on December 3, 2020 support for Bill C-15.

"The Assembly of First Nations Quebec-Labrador (AFNQL) welcomes the tabling of Bill C-15, which aims to ensure that federal laws are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

For several years now, First Nations have been invoking the importance for Canada to adopt a legislative framework adapted to the principles of the Declaration. The announcement of this new bill seems to go in this direction, despite concerns expressed by many Chiefs on the lack of meaningful consultation by the Government of Canada." – December 3, 2020

Association of Iroquois and Allied Indians (AIAI)

Opposed. Public Statement December, 4, 2020.

"Bill C-15 was tabled by Justice Minister David Lametti, on December 3rd, with the claim that the bill would chart a path forward for implementing the rights set out in the United Nations Declaration on the Rights of Indigenous People (UNDRIP).  Despite this claim the government is pushing forward with the aim of doing so under their own interpretation and processes, while ignoring the inherent right of free, prior and informed consent, as well as Nation-to-Nation relationship.

AIAI opposes the UNDRIP Act unless a proper process can be implemented with all Indigenous Nations. While this is a large task, it is a necessary one especially if the government truly believes in reconciliation." – December, 4, 2020

Assembly of Manitoba Chiefs (AMC)

Concerns. Public statement, December 3, 2020.

"The AMC has not received any information on how First Nations in Manitoba were involved and engaged in the process leading up to the drafting of Bill C-15." 

Grand Chief Dumas, added, "As Treaty Nations, the AMC member First Nations have specific concerns on the effects of this legislation on the Treaty relationship; and we have specific concerns with the division of powers and existing federal legislation such as the Natural Resources Transfer Act, which gives exclusive jurisdiction over natural resources to the provinces and territories."  - News Release, December 3, 2020.

British Columbia Treaty Commission (BCTC)

Supportive. Public statement, December 4, 2020.

"The tabling of Bill C-15 by the federal government yesterday is an important step in implementing the rights affirmed in the UN Declaration on the Rights of Indigenous Peoples (UN Declaration). The Treaty Commission is optimistic that this Bill will have positive impacts to treaty negotiations and implementation in BC." – December 4, 2020

Congress of Aboriginal Peoples (CAP)

Concerns.

On November 12, 2020, CAP issued a press release condemning the exclusion of its voices from a federal-provincial-territorial meeting on the development of legislation to implement the UN Declaration.

CAP representative appeared at INAN on May 1, 2018 during the study of Bill C-262.

CAP stated position: "The Daniels decision, in addition to the application of UNDRIP and Canadian law, has the potential to transform the relationship between Canada, Métis, and non-status Indians, and help shape the framework, including new legislation to recognize and implement indigenous rights in support of its commitment toward reconciliation with indigenous peoples. As of today, two years following the decision, Canada remains an inactive partner in engaging CAP on Daniels. CAP, and by extension, the voices of the Métis and non-status Indians continue to experience exclusion from crucial discussions with the Canadian government that impact the rights and the lives of our constituents. Bill C-262 would require the federal government to take all necessary measures to ensure that the laws of Canada are consistent with UNDRIP and develop a national plan to do so in consultation and co-operation with Indigenous peoples."

Grand Council of the Crees (Eeyou Istchee)

Supportive. Public statement February 9, 2021.

On February 9, 2021, the Grand Council of the Crees were co-signators of an open letter in support of implementing the UN Declaration. The letter states: "Bill C-15 is completely consistent with the UN Declaration. Bill C-15 does not attempt to interpret the UN Declaration or alter its status as a global human rights instrument. Bill C-15 is about the federal government living up to the standards contained in the Declaration."

Appeared at INAN on May 1, 2018 during the study of Bill C-262.

Stated position: "The bill will significantly advance the human rights of Indigenous people in Canada and, if adopted, Bill C-262 will also set an important precedent for Indigenous peoples in other countries worldwide. In regard to the UN declaration, collaborative processes will also be established with the federal government that will enhance harmonious and co-operative relations. In addition, the bill repudiates colonialism as well as fictitious and racist doctrines of superiority, such as "discovery" and terra nullius. Therefore, it is absolutely essential that Bill C-262 is adopted by both Houses of Parliament. We urge every political party to support this human rights legislation."

Cree Nation Government

Supportive. Public statement December 4, 2020.

"The Cree Nation Government welcomes the tabling of Bill C-15, a federal bill which provides for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. The Declaration is an important source for the interpretation of Canadian law." – December 4, 2020

First Nations Summit

Supportive. Public Statement December 3, 2020.

On December 3, 2020, the First Nations Summit, as a member of the Coalition for the Human Rights of Indigenous Peoples publicly welcomed the tabling of Bill C-15: "Bill C-15 would provide a much-needed and long overdue framework for the federal government to work cooperatively with Indigenous peoples to implement the standards of, and rights affirmed in, the UN Declaration in law and policy."

Appeared at INAN on March 27, 2018 and at APPA on June 4, 2019 during the study of Bill C-262.

Stated position: "On February 14, 2018, Prime Minister Justin Trudeau got up in the House and spoke at length. He said that we're going to turn the page, we're going to recognize the rights of indigenous peoples, we're going to implement them. I heard the words "recognition" and "implementation". The most insidious instruments of history are the doctrines of terra nullius and the doctrine of discovery and the papal bulls that gave them moral authority through the European notions of international law in the late 1400s and the early 1500s. We live with that today. The consequences of that are what is before us. This bill and this declaration can help turn the tide and level the playing field. That's what I want to propose to you."

Nishnawbe Aski Nation (NAN)

Concerns. Public statement December 3, 2020.

On December 3, 2020, Grand Chief Alvin Fiddler issued a statement on Introduction of Federal Legislation on UNDRIP Implementation. Stated position: "It is important to note that this is not implementation legislation, nor has Canada moved to legally adopt the UNDRIP into federal law. Instead, this is a framework to establish an implementation mechanism. We share concerns that the development of this framework will be guided by an action plan that does not yet exist, and that the federal government has given itself a minimum of three years to develop one….We welcome the opportunity for full engagement by NAN leadership and look forward to providing recommendations as this legislation proceeds through the parliamentary process."

NAN supported the private member's bill introduced by NDP MP Roméo Saganash in 2016 calling for the full implementation of the UNDRIP in Canadian law. NAN also supported a private member's bill introduced in the Ontario legislature in 2019 by Kiiwetinoong MPP Sol Mamakwa. The bill calls for the provincial government to align Ontario laws with the UNDRIP.

Inuit Circumpolar Council (ICC)

Supportive. Public statement December 8, 2020.

"The Inuit Circumpolar Council (ICC) applauds the positive actions taken by the Government of Canada in tabling legislation in the Canadian House of Commons on December 3rd that would implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada." – December 8, 2020

National Indigenous Economic Development Board

Supportive of Bill C-262. Appeared at INAN on April 23, 2018 during the study of Bill C-262.

Stated opinion: "The board supports the principle set out in the United Nations Declaration on the Rights of Indigenous Peoples, and believes it should be enshrined in the laws of Canada. As such, the board supports Bill C-262 and its recommendation for the full adoption of the declaration into Canadian law. The board commends Mr. Saganash's initiative for introducing this important bill."

Native Women's Association of Canada (NWAC)

Supportive. Public statement December 3, 2020.

"As Canada's leading organization representing Indigenous women and gender-diverse people, the Native Women's Association of Canada welcomes the Government of Canada's introduction today of Bill C-15: An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

The consultation process leading up to today's publication of Bill C-15 may not have been perfect," stated NWAC President Lorraine Whitman, referring to NWAC's exclusion last month from a key federal meeting on the draft law. "Regardless, the Government of Canada has taken a key step along the road of reconciliation." – December 3, 2020

Ontario Regional Chief RoseAnne Archibald

Concerns. Public statement December 15, 2020.

"As we mark the fifth anniversary of the release of the TRC Final Report, we are reminded that as of December 2020, only ten of the Calls to Action have been completed so far, despite significant commitments from the federal government, with 23 projects underway and 38 proposed, with 23 left yet to be addressed.

For example, the adoption and full implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into Canadian legislation is Call to Action #43. The proposed legislation, now known as Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act, remains incomplete due to a lack of proper and fulsome engagement and does not reflect the unique circumstances of many First Nations communities in Ontario or protect the sovereignty of these communities, which has resulted in further division of support for this Bill." – December 15, 2020

Rebecca Kudloo (President, Pauktuutit Inuit Women of Canada)

Supportive. Public statement January 2021.

Statement: "In November, I participated in the first session of the consultations the Minister of Justice held with Indigenous women's groups for the drafting of this legislation. Many of the changes Pauktuutit sought have been made in Bill C-15, introduced in Parliament, in December 2020. Pauktuutit will be advocating for the quick passage of the Bill C-15 and for Inuit women to be part of developing the Action Plan to implement the rights in UNDRIP. These rights are guaranteed equally to Inuit women, girls, as well as gender-diverse persons." – January 2021

Russ Diabo (member of the Mohawk Nation of Kahnawake)

Opposed. Public opinion December 21, 2020.

Public Statement: "Based on our analysis we are strongly recommending Indigenous peoples and nations reject Bill C-15 and take action to stop Parliament from passing it." APTN Dec 21, 2020

Tŝilhqot'in Nation

Supportive.

No public statements related to C-15 are on record at this time.

Coalition for the Human Rights of Indigenous Peoples

Supportive. Public statement December 3, 2020.

Joint Statement: "The Coalition for the Human Rights of Indigenous Peoples, a coalition of Indigenous peoples' Nations and organizations and other human rights advocates, welcomes the tabling of Bill C-15, a federal government bill to implement the UN Declaration on the Rights of Indigenous Peoples. Bill C-15 would provide a much-needed and long overdue framework for the federal government to work cooperatively with Indigenous peoples to implement the standards of, and rights affirmed in, the UN Declaration in law and policy." – December 3, 2020

Qs&As (Justice Canada materials)

About the declaration

Q. What is the United Nations Declaration on the Rights of Indigenous Peoples?

A. The United Nations Declaration on the Rights of Indigenous Peoples is a comprehensive international human rights instrument on the rights of Indigenous peoples around the world. Through 46 articles, it affirms and sets out a broad range of collective and individual rights that constitute the minimum standards to protect the rights of Indigenous peoples and to contribute to their survival, dignity and well-being.

These include rights relating to:

  • Self-determination and self-government
  • Equality and non-discrimination
  • Culture and language
  • Identity
  • Religion and spirituality
  • Lands, territories and resources
  • Environment
  • Indigenous institutions and legal systems
  • Health
  • Education
  • Community

The Declaration is the result of almost 25 years of work and collaboration between UN member states and Indigenous peoples from around the world. Indigenous leaders from Canada played a significant role in its development, including the drafting and negotiating.

In 2007, a majority of member states adopted the Declaration at the United Nations General Assembly. In 2016, the Government of Canada endorsed the Declaration without qualification and committed to its full and effective implementation.

Q. Do UN member states have to implement the Declaration?

A. How a country chooses to respect and implement the rights described in the Declaration will depend on each country's unique circumstances. Countries have a number of tools available to them to ensure that international human rights instruments and standards are reflected domestically. These include policies, directives, institutional processes and mechanisms, and legislation.

Consistent with the UN Charter, countries around the world have a duty to promote universal respect for, and observance of, human rights. The Declaration reaffirms that Indigenous peoples, both collectively and individually, enjoy all rights already recognized at the international level.

In Canada, international human rights standards are reflected in a range of processes, policies and legislation. In addition to the human rights protections provided by the Canadian Charter of Rights and Freedoms and human rights codes, our Constitution recognizes and affirms the Aboriginal and treaty rights of Indigenous peoples.

The Government of Canada believes that a legislative framework for implementing the Declaration federally would build on this recognition. This approach is consistent with the Declaration itself, which calls on States to collaborate with Indigenous peoples on appropriate measures, including legislative measures, to achieve the objectives it sets out (Article 38).

Implementing the declaration

Q. If section 35 of the Canadian Constitution already recognizes and affirms Aboriginal and treaty rights, why do we need to implement the Declaration?

A. Section 35 of the Constitution recognizes and affirms the rights of Indigenous peoples, including those set out in treaties signed with the Crown. Reconciliation with First Nations, Inuit and Métis is the fundamental purpose of section 35.

However, we have seen that constitutional provisions alone are not enough – we need to breathe life into them through action and commitment to the values they embody. We need to focus on achieving reconciliation and the recognition of rights outside litigation, which is by its nature an adversarial process. The Declaration can help us do this work with rights holders and others to ensure that Canadian laws protect and promote the rights of Indigenous peoples, consistent with the Declaration and section 35. Bill C-15 would provide a framework for the Government of Canada to implement the rights affirmed by the Declaration. 

Q. How can Industry contribute to the implementation of the UN Declaration and Bill C-15?

A. Many industry sectors have already taken steps to embrace the Declaration in the context of their work with Indigenous peoples in Canada and elsewhere. This experience has lessons and best practices that we hope can provide important and useful input to federal efforts to implement the Declaration.

While C-15 does not include reference to a formal role for other stakeholders, including industry, in the development of this action plan, there will no doubt be opportunities to contribute. In particular, should the action plan lead to legislative or policy changes that are of interest to the natural resources sector, such changes would be subject to usual parliamentary and policy development processes, which would include opportunities for engagement.

Q. What actions have been taken since 2016 to implement the Declaration or reflect its principles in laws?

A. Elements of the Declaration are already reflected in a range of Canadian laws, policies and programs, for example, section 35 of the Constitution Act, 1982, the equality rights provisions of the Charter and the non-discrimination protections provided by the Canadian Human Rights Act. Since 2016, the Government of Canada has taken a range of important measures that contribute to renewed, respectful Crown-Indigenous relationships that align with both section 35 of our Constitution and the Declaration.
As of April 2020, there are nine federal laws that refer to the Declaration:

In addition, the Government of Canada has developed or updated policies and guidance to be consistent with the Declaration and Canada's constitutional framework. These policies assist federal officials' work whenever it involves Indigenous peoples and help to contribute to the implementation of the Declaration. Some examples are:

We also continue to work on developing, updating and improving policies to ensure that negotiations with Indigenous peoples are conducted in a manner consistent with our commitment to reconciliation. These updates will better align with the rights-based approaches we are currently using at discussion tables and with what we have learned from Indigenous partners.

The Government of Canada is also engaged in discussions with Indigenous partners at over 150 discussion tables across the country to explore new ways of working together to advance the recognition of Indigenous rights and self-determination. These discussions involve more than 500 Indigenous communities, with a total population of nearly one million people.

Q. What changes are contemplated to the machinery of government to effectively implement Bill C-15?

A. When Bill C-15 receives Royal Assent and comes into force, the Government of Canada will work in consultation and cooperation with Indigenous peoples to begin the preparation of the action plan and take measures to ensure that federal laws are consistent with the UN Declaration.

When Bill C-15 is passed, all federal departments will have important roles to play in implementing the legislation. As the Government of Canada considers the development of the action plan and the measures needed to ensure our laws are consistent with the Declaration in collaboration with Indigenous peoples, we expect some of the discussions will include identifying new, innovative processes and creative ways of working together. Strengthened partnerships will enhance our collective capacity to effectively implement Bill C-15 and ultimately, achieve reconciliation.

Engagement process

Q. When did the Government engage on this legislation and with whom?

A. Between June and November 2020, the Government of Canada met bilaterally with the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council to advance concrete amendments to PMB C-262. Thirty-three (33) sessions were held.

Between October and November 2020, the Government of Canada held 28 sessions with modern treaty and self-governing rights holders on a nation-to-nation, government-to-government basis as reflected in their agreements. We also met with other national and regional organizations as well as Indigenous women's organizations and LGBTQ2S+ groups. A special virtual engagement session was held for Indigenous youth and Indigenous law students.

Between October and November 2020, the Government of Canada also held four discussion sessions with key industry sectors: minerals & metals, clean energy, forestry, and petroleum sectors. During this time, we also held four discussion sessions with provincial and territorial governments, two with Ministers and two with Deputy Ministers.

The Government of Canada also received over 50 written submissions of feedback and proposed text changes, including views and recommendations on the development of an action plan.

Q. Why was former Private Member's Bill C-262 the basis or starting point for this new legislation? Why not start from scratch?

A. In 2016, the Government of Canada fully endorsed the Declaration without qualification and committed to its full and effective implementation. The Government then supported former Private Member's Bill C-262; however, the Senate did not pass the Bill before the Parliamentary session concluded in June 2019. At that time, the Government committed to introducing similar legislation as a Government bill, indicating that PMB C-262 would be the floor for future legislation.

By using former PMB C-262, we built on the momentum and support from Indigenous partners generated as former PMB C-262 moved through Parliament. Not only did this provide a starting point for engagement, but it has resulted in a process for improving the legislative framework for the implementation of the Declaration.

Q. What did engagement focus on?

A. Engagement focused on potential enhancements to a consultation draft of the legislation, which was based on former Private Members Bill C-262. A consultation draft was shared during the engagement sessions in order to seek feedback to improve and amend the draft.

Q. What did you learn during the engagement sessions?

A. During engagement sessions, participants offered a diversity of perspectives and recommendations that helped shape the development of the legislative proposal. For example, we received input that:

  • we should strengthen the language used in the preamble and clarify the purpose of the legislation, and the scope and process of aligning the laws of Canada with the Declaration; we clearly learned the importance of including a reference to marginalized groups, such as Indigenous women, gender-diverse and two-spirit people, as well as climate change and sustainable development; and
  • we learned it was critical to acknowledge the role of the Declaration as a framework for reconciliation, justice, healing and peace, and for addressing systemic racism and discrimination. Others referenced the importance of educating Canadians to ensure that Indigenous rights are understood and valued; in addition, participants reminded us that the recognition of the right to self-determination and self-government is vital, and that the need for a strong distinctions-based approach throughout the legislation is essential; and
  • modern treaty partners emphasized the importance of respecting Article 37, which outlines respect of treaty rights, self-government agreements and other constructive arrangements. Similarly, we learned from many that the proposed federal legislation should not interfere with work underway at regional and provincial levels.

With respect to the action plan, almost everyone emphasized the importance of further collaboration on its development, as well as specific timelines for its completion. With respect to goals, we learned the plan should address gaps in education, employment, housing, food security, health and well-being, child welfare and safety, all of which contribute to the inequalities faced by many Indigenous peoples. 

The What We Learned Report is now publicly available on Justice Canada's website, it outlines in greater detail the input we received during engagement sessions, which helped shape this Bill.

Q. What did the Government of Canada hear from Industry and is it reflected in the Bill?

A. Between October and November 2020, the Government of Canada held four roundtable sessions with key industry sectors.

These sector-specific sessions brought together the National representatives of the Indigenous peoples and Nations, industry representatives from the minerals and metals, clean energy, forest, and petroleum sectors, many of whom are already actively putting plans in place related to the Declaration.

The What We Learned Report is now publicly available on Justice Canada's website, it outlines in greater detail the input we received during engagement sessions, which helped shape this Bill.

Q. Why was the engagement period not longer to allow for engagement that was more meaningful?

A. In 2019, the Government of Canada committed to introducing legislation by the end of 2020 to implement the Declaration. The Government also committed to build on the notable support for former Private Member's Bill C-262, which was thoroughly studied in the previous Parliament. The COVID-19 pandemic also impacted our timelines for engagement. Recognizing that our process was not perfect, but also hearing from many Indigenous partners the sense of urgency that this legislation be introduced, the Government of Canada felt it was important to meet our mandate commitment to introduce by December 2020.

Q. Will you post a "What We Learned Report" or make the engagement summary public?

A. Yes. The What We Learned Report is now publicly available on Justice Canada's website.

Legislation overview

Q. What is the purpose of Bill C-15? Why does Canada need legislation?

A. The purpose of the legislation is to affirm the Declaration as a universal, international human rights instrument with application in Canadian law and to provide a framework for the Government of Canada's implementation of the Declaration.

This framework would establish new accountability for the Government of Canada to work with First Nations, Inuit and Métis peoples to find new ways to protect, promote and uphold the human rights of Indigenous peoples in Canada, now and into the future. It would also bring clarity regarding the path forward for Indigenous peoples, communities, industry and all Canadians. A legislative framework would also further demonstrate the Government of Canada's continued commitment to uphold the rights of Indigenous peoples now and in the future.

In this way, this Bill can also ensure the Declaration helps guide the reconciliation process as it relates to Canada's legislative and policy processes. It would ensure that, moving forward, the laws of Canada reflect the standards set out in the Declaration, while also respecting Aboriginal and Treaty rights recognized and affirmed in the Constitution.

This legislation responds to the Truth and Reconciliation Commission Call to Action 43, which calls on all levels of government to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoplesas the framework for reconciliation. It also responds to the Missing and Murdered Indigenous and Women's Inquiry Calls for Justice. 

Q. What would the legislation do once passed by Parliament?

A. Once passed by Parliament, the legislation would create new requirements for the Government of Canada. 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, and
  • prepare and implement an action plan to achieve the objectives of the Declaration.

Moving forward, the laws of Canada would be required to reflect the standards set out in the Declaration, while also respecting Aboriginal and Treaty rights recognized and affirmed in the Constitution. The legislation would require the Government of Canada to report annually to Parliament on progress made to align the laws of Canada with the Declaration and on the development and implementation of the action plan.

This approach is consistent with the Declaration itself, which calls on states to collaborate with Indigenous peoples on appropriate measures, including legislative measures, to achieve the goals set out in the Declaration (Article 38).

Q. How would the action plan be developed?

A. When Bill C-15 receives Royal Assent and comes into force, the Government of Canada would begin to prepare the action plan in consultation and cooperation with Indigenous peoples. Bill C-15 requires that the action plan be tabled in Parliament as soon as possible and no later than three years after the Bill is passed.  The action plan can then be renewed and updated as needed.

Q. What types of measures would the action plan include?

A. As written, the proposed legislation would require the action plan to include measures:

  • to address injustices, combat prejudice and eliminate all forms of violence and discrimination against Indigenous peoples, including elders, youth, children, persons with disabilities, women, men, , gender-diverse and two-spirit persons
  • to promote mutual respect and understanding, as well as good relations, including through human rights education
  • related to monitoring, follow-up, recourse, remedy, oversight or accountability with respect to the implementation of the Declaration

The action plan would also include measures for monitoring the implementation of the plan itself and for reviewing and amending the plan.

Q. Why is the timeline associated to the action plan 3 years? That seems too long.

A. While we understand the need to press forward expeditiously, we also need to be realistic about the time it will take to work in consultation and cooperation with Indigenous peoples from coast to coast to coast. It is important to note that the provision requires the development of the action plan as soon as practicable. The 3-year timeline was only intended as the maximum amount of time available. However, we remain open to hearing about whether the timeframe for an initial action plan should be shorter, while still ensuring a sufficiently cooperative process.

Q. Would the action plan be made public?

A. Bill C-15 would require the Government of Canada to table the action plan upon completion in each House of Parliament. Following this step, the Bill requires the plan to be made public.

Q. The purpose statement in clause 4 of Bill C-15 affirms the "Declaration" as a human rights instrument with application in Canadian law. Does that mean all laws of Canada or just federal laws? If the Declaration already has application in Canadian law, what changes do you anticipate to existing laws of Canada in the future?

A. Bill C-15 includes a purpose clause to address the application of the Declaration in Canadian law and to affirm the legislation as a framework for federal implementation of the Declaration. As used in Bill C-15, the expression "Laws of Canada" is aimed at federal legislation passed by the Parliament of Canada.

With respect to anticipated changes to existing federal laws, this will be a collaborative process with Indigenous peoples and others to assess where changes to laws, policies and practices may be needed to better reflect the objectives of the Declaration. We expect this process to occur over time, and any future changes to federal law would be undertaken in cooperation with Indigenous peoples and go through regular policy development, engagement and parliamentary processes.

The purpose clause also recognizes that the Declaration has "application in Canadian law". This means that the Declaration can be used to interpret and apply Canadian law, just like other international human rights instruments. In fact, the Declaration is already being used in this way. Bill C-15 is intended to recognize and affirm this role, without turning the Declaration itself into a "Canadian law", which could create a lot of confusion and legal challenges.

Q. Would the legislation have the effect of making the whole text of the Declaration legally binding in Canadian domestic law?

A. If passed, the legislation would not give the Declaration direct legal effect in Canada beyond its existing role as a source for interpreting Canadian laws. Rather, it would affirm the Government of Canada's commitment to sustained efforts and new processes to align laws with the Declaration over time. This is how the Declaration would be implemented federally going forward.

The Declaration recognizes that the situation of Indigenous peoples varies from region to region and from country to country, and that implementation of the rights it describes must respond to the specific and unique circumstances in each country, including Canada. As such, it provides flexibility to ensure rights are recognized, protected and implemented in a manner that reflects domestic circumstances, in consultation and cooperation with Indigenous peoples.

Q. How does the proposed legislation compare to former Private Members Bill (PMB) C-262?

A. Following discussions with our Indigenous partners, the Government of Canada used PMB C-262 as the floor for a new legislative proposal. Like PMB C-262, the new legislation includes a preamble, measures that would require the Government of Canada, in consultation and cooperation with Indigenous peoples, to align federal laws and the Declaration and develop an action plan, and report to Parliament on progress.

Areas where this Bill differs from PMB C-262 include the addition of:

  • new language in the preamble, including to:
    • highlight the positive contributions the Declaration can make to reconciliation, healing and peace as well as harmonious and cooperative relations in Canada;
    • recognize the inherent rights of Indigenous peoples;
    • reflect the importance of respecting treaties and agreements;
    • highlight the connection between the Declaration and sustainable development; and
  • emphasize the need to take diversity of Indigenous peoples into account in implementing the legislation
  • a purpose clause to address application of the Declaration in Canadian law and to affirm the legislation as a framework for federal implementation of the Declaration
  • clearer and more robust provisions on the process for developing and tabling the action plan and annual reports
  • a provision to allow the Governor in Council to designate a Minister to carry out elements of the Act

These changes and additions enhance and build upon the elements set out in PMB C-262.

Q. The BC Declaration on the Rights of Indigenous Peoples Act includes provisions relating to decision-making agreements between the Government of BC and Indigenous Governing Bodies. Similar provisions were not included in C-15. Why not?

A. We recognize the importance of sections 6 and 7 in the BC Declaration, which create space to enter into agreements with a broader range of Indigenous governments. We understand these provisions are intended to allow for increased flexibility for the province to enter into agreements with a broader range of Indigenous governments, including joint or consent-based decision-making agreements.

In the federal context, similar agreement-related provisions already exist in various policies and statutes. Such provisions permit Ministers/the government to negotiate and enter into a variety of agreements and arrangements with Indigenous peoples for particular purposes.

For instance, under the Impact Assessment Act, the responsible Minister has the authority to enter into arrangements or agreements with Indigenous governing bodies (as defined under the Act) for a range of specified purposes related to impact assessment. Further, the Act provides the responsible Minister, at his or her discretion, the ability to substitute an Indigenous governing body process for the Agency's process.

Similarly, the Agency may delegate a part of impact assessment to an Indigenous governing body. Specific agreement-making provisions also exist in other federal legislation such as, the Indigenous Languages Act and An Act Respecting First Nations, Inuit and Métis Children, Youth and Families.

In the context of Bill C-15, the inclusion of similar provisions to those in section 6 and 7 in the BC Declaration could pose uncertainty with respect to how the provisions would interact with existing legislative schemes. With that in mind, we remain committed to exploring new, creative ways of working together over time as we develop our action plan and work to ensure federal laws are consistent with the UN Declaration.

Q. Why does the preamble refer to the "Métis Nation" along with First Nations and Inuit as having "… throughout history and to this day, lived in the lands that are now in Canada with their distinct identities, cultures and ways of life"?

A. Over the course of our engagement, we learned from Indigenous peoples across the country that Bill C-262 did not adequately reflect the distinct experiences and realities of First Nations, Inuit and Métis peoples.  We therefore needed to find a way to address this concern.

Based on the many proposals we received, and drawing on similar language found in other recent legislation (notably Bills C-91 and C-92), we included a preambular paragraph that recognizes in a positive way the long and distinct histories, identities, cultures and ways of life of First Nations, Inuit and Métis peoples.

Q. What kinds of accountability or recourse mechanisms does the legislation include?

A. In addition to the provisions to align laws with the Declaration, and prepare and implement an action plan, Bill C-15 would require an annual report to be tabled in parliament. The annual report will contribute to accountability for making progress on implementing the Declaration.

Bill C- 15 would require the Government to work with Indigenous peoples to develop an action plan for the ongoing implementation of the Declaration. The action plan would be a vital part of implementing the legislation once it comes into force. This would also provide an opportunity to work together with Indigenous partners on developing specific and concrete measures that would contribute to the implementation of the Declaration, including potential recourse mechanisms.

Q. Why is there no provision relating to the coming into force of the bill?

A. No specific coming into force provision is required if the statute is intended to come into force upon Royal Assent. Section 5 of the Interpretation Act already provides for the coming into force of statutes and specific provisions are only required in order to vary those general provisions.

Q. Would Bill C-15 or implementing the Declaration help with the COVID-19 recovery?

A. The COVID-19 pandemic has exacerbated the ongoing health, food security, housing, economic, governance, policing and other vulnerabilities that continue to impact Indigenous communities. Post-COVID economic recovery needs to include Indigenous peoples as full partners in economic recovery and growth.

Bill C-15 could help structure and guide dialogue around combatting the inequality and discrimination against Indigenous peoples that lies at the root of many of these vulnerabilities, as well as around supporting self-determination and the re-building of Indigenous nations and communities and their sustainable development over the longer term.

Q. Would Bill C-15 or implementing the Declaration help address racism?

A. Yes, implementing Bill C-15 can play a significant role in combating racism and discrimination – precisely because it focuses us on taking action and doing the hard work together needed to address these issues on the ground.
Once passed, the legislation would require the Government of Canada to work in consultation and cooperation with Indigenous peoples, to identify what additional measures may be needed to address injustices, combat prejudice and eliminate all forms of violence and discrimination against Indigenous peoples, including elders, youth, children, persons with disabilities, women, men and gender-diverse, and two-spirit persons.

It would also require the plan to include measures to promote mutual respect and understanding as well as good relations, including through human rights education.

While this important national work is taking place, Canada will continue its ongoing discussions with Indigenous peoples to make progress together on our shared priorities for advancing reconciliation, improving community well-being and renewing the nation-to-nation, Inuit-Crown, government-to-government relationship. 

If pressed on why C-15 doesn't specifically mention systemic racism:

During engagement, the Government heard from various participants that the legislation should specifically refer to the need to address all forms of discrimination against Indigenous peoples, including systemic discrimination.  While racism is undoubtedly related to issues of discrimination, we remain open to hearing through the Parliamentary process about whether this is something that needs to be clarified in order to ensure Bill C-15 is aligned with the objective of contributing to the elimination of racism and prejudice wherever it still exists in our society. 

Q. Why was the language for the non-derogation clause, now section 2(2) in Bill C-15 changed from former Bill-262?

A. The non-derogation clause has been adjusted to reflect recent legislative practice and to align with the recommendations made in 2007 by the Senate Committee. Clause 2(2) requires Bill C-15 to be interpreted in a way that upholds section 35 rights. It does not – indeed cannot – be used to diminish Aboriginal or treaty rights protected by section 35 of the Constitution. Further, this clause does not speak to the interpretation of the rights in the Declaration itself, which is governed by international law principles.

Q. Does the Bill repudiate the doctrine of discovery and/or terra nullius?

A.  Canada's position is that these ancient doctrines have no place in modern Canadian law and do not inform our ongoing relationship with Indigenous people.  The Supreme Court of Canada has clearly indicated that terra nullius never applied in Canada (see Tsilhqot'in, 2014 SCC 44 at para. 69). The preamble to Bill C-15 includes language from the Declaration speaking to "all doctrines, policies and practices" based on racist or discriminatory notions noting that such doctrines are racist, scientifically false, legally invalid, morally condemnable and socially unjust. The Government of Canada is also working with Indigenous partners in responding to CTA 46 by developing a Covenant of Reconciliation that specifically addresses the doctrine of discovery.

Impact on existing legislation and the constitution

Q. How many/which federal laws could be impacted by the legislation?

A. Given the scope of the subject areas in the Declaration, many federal laws intersect with elements of the Declaration, including the Indian Act. We anticipate that some existing federal laws will need to be amended in order to better align with the Declaration. This legislation provides a whole-of-government framework for identifying and guiding such future changes. New legislation will also need to be developed with the Declaration in mind.

The full and effective implementation of the Declaration is a process that will take time as the federal government, in cooperation and partnership with Indigenous peoples, assesses changes that need to be made to laws, policies and practices to be consistent with the Declaration. Any future changes to federal law would be undertaken in cooperation with Indigenous peoples and go through regular policy development, engagement and parliamentary processes.

Q. Would the legislation amend the Constitution?

A. No. The legislation does not amend the Constitution – but does recognize that the Declaration should inform how we understand and interpret the Constitution. The Declaration affirms the human rights of Indigenous peoples – both collective and individual rights. These include the inherent right to self-determination and the right of self-government, as well as equality rights, rights relating to culture, spirituality, and identity, and rights relating to lands, territories and resources.

Many of the rights it affirms are already reflected in the Constitution, notably the Charter of Rights and Freedoms and section 35 of the Constitution, which recognizes and affirms Aboriginal and treaty rights. That said, both this legislation and Canadian law recognize that international instruments like the Declaration can be used to interpret the Constitution, which is a "living tree" that evolves over time.

Impact on provinces and territories and other jurisdictions

Q. How would the proposed legislation impact provinces and territories? British Columbia already has a Declaration law – how would this interact with their law?

A. The proposed federal legislation on the Declaration will only impose obligations on the federal government. This is a federal bill aimed at aligning federal laws with the Declaration.

The Government of Canada held discussions with provinces and territories and affirmed this position. We are willing to continue bilateral conversations with provinces and territories to clarify the bill's scope.

However, some provincial and territorial governments in Canada are also using the Declaration as a framework for reconciliation and to actively engage with Indigenous peoples on matters that affect them. Nothing in the federal legislation would prevent provinces or territories from developing their own plans and approaches for implementation of the Declaration.

Provincial, territorial and municipal governments each have the ability to establish their own approaches to contributing to the implementation of the Declaration by taking various measures that fall within their areas of authority. The Government of Canada welcomes opportunities to work cooperatively with those governments, Indigenous peoples and other sectors of society towards achieving the objectives of the Declaration.

Q. How does the Government of Canada define Laws of Canada?

A. As used in Bill C-15 the Government of Canada defines the Laws of Canada as federal legislation passed by the Parliament of Canada.

Q. If passed, would the proposed legislation mean that other levels of Government don't need to take action on the Declaration?

A. This legislation is focused on federal action to implement the Declaration. Indigenous rights are human rights and any action that can be taken to affirm, protect and uphold human rights should be encouraged. Implementing the Declaration and recognizing the objectives is the right thing to do.

The Calls to Action by the Truth and Reconciliation Commission of Canada specifically highlights actions to support the Declaration that can and should be taken by all levels of government. This journey of reconciliation, building stronger relationships with Indigenous peoples, and building a better Canada is one that we can all do our part. Local, regional, provincial, and organizations alike are encouraged to take action.

Impact on economy

Q. Would adopting the Declaration as a framework for reconciliation have an impact on the Canadian economy?

A. Yes, in a positive way. Recognizing and respecting Indigenous rights means that Indigenous peoples are at the table for decisions that impact their rights. In many cases, it means that economic development and stronger economic outcomes will be advanced with Indigenous peoples as partners.

As we work to we will help develop a stronger, more sustainable, and predictable path for everyone to work together as partners, with a shared stake in Canada's future.

We must recognize that participation in economic development is a reflection of self-determination that holds tremendous opportunity to improve the well-being of Indigenous communities. Over time, this participation will help create stronger and healthier communities, and contribute to jobs and economic growth.

Free, prior and informed consent

Q. What is free, prior and informed consent?

A. 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. In many ways, it reflects the ideals behind the relationship with Indigenous peoples, by striving to achieve consensus as parties work together in good faith on decisions that impact Indigenous rights and interests. Despite what some have suggested, it is not about having a veto over government decision-making.

It is important to understand free, prior and informed consent in context: different initiatives will have different impacts on Indigenous peoples' rights. Free prior and informed consent may require different processes or new creative ways of working together to ensure meaningful and effective participation in decision-making.

Q. There are a range of views about the provisions relating to FPIC. How do current requirements around "duty to consult" differ from FPIC?

A. As the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples note, FPIC builds on and goes beyond the legal duty to consult. While there are similarities and overlaps between the duty to consult and FPIC, they are not the same thing and they will arise in different ways in different contexts. It is also important to emphasize that existing constitutional and legal obligations will continue.

FPIC focuses on the inclusion of voices, concerns, and opinions of all Indigenous peoples that would be affected by a proposed activity or project, and ensuring that these concerns are addressed and that there are mitigation plans in place.

In terms of the duty to consult, if passed, this legislation would not change Canada's existing duty to consult Indigenous peoples, or other consultation and participation requirements set out in other legislation like the new Impact Assessment Act. What it would do is inform how the Government approaches the implementation of its legal duties going forward. Additionally, it would do so in a way that provides greater clarity and creates greater certainty over time for Indigenous partners and all Canadians. The Government of Canada has a constitutional duty to consult and accommodate Indigenous partners when it considers measures that might adversely impact potential or established Aboriginal or treaty rights. This has been consistently confirmed by the Courts. The Government has consistently worked to uphold this duty and has shown its commitment to taking additional steps to do so.

Q. What happens if there is a disagreement, consensus is not reached or consent is withheld? Does free, prior and informed consent mean a veto?

A. In the event consent is withheld, the facts and law applicable to the specific circumstances will determine the path forward. Decision-making on the part of the Government of Canada would need to proceed on the basis of the relevant legal framework, including any negotiated or other arrangements.

Both section 35 of Canada's Constitution and the Declaration recognize that there are certain circumstances where the Government may be justified in proceeding with a decision that impacts Indigenous rights, provided meaningful engagement has occurred and efforts have been made to minimize those impacts. In many cases, government decisions are judicially reviewable, meaning Indigenous partners can ask a court to review the decision if they have concerns about the decision or how it was taken.

Legislation that supports the implementation of the Declaration would continue to encourage us to find new, creative ways of working together and integrating diverse perspectives into decision-making that help build deeper collaboration and consensus, while also continuing to respect the Canadian Constitution, notably section 35.

Q. How would this impact natural resource projects? Would it affect existing projects or future projects?

A. If Bill C-15 is passed and receives Royal Assent, it would not change existing laws, including statutory provisions related to Indigenous consultation, or procedural requirements set out in legislation like the Impact Assessment Act.

Government and proponents will continue to be required to meet all existing legal obligations and requirements.

With regard to natural resource projects, the Declaration would not create any new or specific legal obligations. However, the Declaration would underscore that securing consent for a project may require different processes or new creative ways of working together to ensure meaningful and effective participation in decision-making.

Q. Would the federal government maintain the final authority for making decisions on infrastructure and resource projects once this legislation is enacted into law?

A. Decision-making with respect to infrastructure or resource projects will continue to be governed by the relevant legal and policy regimes. The proposed legislation and any implementation measures identified as part of the development of the action plan would apply only to federal areas of jurisdiction. The Government will continue to support and advance processes of resolution over lands to reconcile the relationships with Indigenous peoples based on the recognition of rights, respect, cooperation and partnership.

We recognize that the majority of natural resource development projects occur on provincial Crown and private lands, and that there are multiple jurisdictions and shared responsibilities. This is why the federal government will continue to engage with provinces and territories as the proposed legislation advances, and will encourage ways to work collaboratively to implement the Declaration in Canada.

The Declaration would not create any new or specific legal obligations with respect to decision-making. Rather, it would underscore that securing consent for a project may require different processes or new creative ways of working together to ensure meaningful and effective participation in decision-making.

Q. Does the importance of securing free, prior and informed consent increase on Aboriginal title lands?

A. Yes. The Supreme Court of Canada has indicated that the standard for securing consent of Indigenous peoples is strongest on Aboriginal title lands.

Aboriginal title, as affirmed by the Supreme Court of Canada, provides the right to use, control, and manage the land and the right to the economic benefits of the land and its resources. This right is recognized and affirmed by section 35 of the Constitution Act, 1982.

It is up to the Indigenous peoples who have Aboriginal title to decide how to use and manage their lands. However, this is subject to the limit that the land cannot be developed in a way that would deprive future generations of the benefit of the land. Like other section 35 rights, title rights are not absolute and can be infringed upon if the high threshold of justification, which includes Indigenous perspectives and satisfies the Crown's fiduciary obligations, is met.

Q. According to the Declaration, free, prior and informed consent extends beyond lands and resources (e.g. Article 19 on legislative or administrative measures). How will consent work in those situations?

A. The Government of Canada will look for opportunities to build processes and approaches aimed at securing consent, as well as creative and innovative mechanisms that will help build deeper collaboration, consensus, and new ways of working together. It will ensure that Indigenous peoples and their governments have a role in public decision making consistent with Canada's constitutional framework and that Indigenous rights, and interests, are recognized and taken into account in decision-making that affects them.

Q. Industry has asked that federal legislation clarify or include a definition of free, prior and informed consent. Will you do that?

A. Like other human rights protections set out in international human rights instruments and the Constitution, free, prior and informed consent is a fundamental safeguard that must be understood in context. This makes it challenging to define in legislation. That said, the debate and discussion of this proposed legislation, as well as the processes to be established by it, will allow for discussions on a variety of elements in the Declaration, including the concept of free, prior and informed consent. This will help to build greater shared understanding of the Declaration and how it can best be implemented in Canada. The development of an action plan would be a venue to advance discussions on this point.

Advancing reconciliation

Q. How will adopting the Declaration as a framework to advance reconciliation improve the Government's relationships with Indigenous peoples?

A.  The Declaration provides human rights-based principles, norms and standards for reconciliation to flourish in 21st century Canada and beyond. There will be many benefits as we work together to identify new measures to reflect the rights and objectives in the Declaration. Through this process, we will:

  • Continue to renew and strengthen the nation-to-nation, Inuit-Crown, and government-to-government relationships, including through respect for the collective and individual rights of Indigenous peoples
  • Build on the momentum for supporting Indigenous peoples in exercising their right to self-determination, including through the conclusion of treaties, agreements and other constructive arrangements
  • Support Indigenous peoples as they work to restore and strengthen their governance systems and reconstitute their nations
  • Collectively address the impacts of colonization and systemic racism and discrimination
  • Respond to the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls, which both called on the governments of all levels to adopt the Declaration as a framework for reconciliation
  • Create a framework that will help increase clarity and predictability in the long term with respect to the rights of Indigenous peoples and their implementation

Many Indigenous leaders, peoples and partners supported former Private Member's Bill C-262 with enhancements and voiced support on moving forward with the federal government's plan to implement the Declaration. Bill C-15 demonstrates a true commitment to advance reconciliation and improve relationships with Indigenous peoples.

Q. Assuming Bill C-15 receives royal assent this spring, what are your short-term goals for Indigenous reconciliation? Are there any particular UNDRIP-related issues that the government would like to address on a "priority basis" with Indigenous Peoples?

A. Priorities and short-term goals to support reconciliation will need to be identified in collaboration and cooperation with Indigenous peoples. The development of an action plan will be a key piece of this.

As we take on this new work, the Government will continue its efforts on other priorities that support reconciliation and which intersect with the implementation of the Declaration. This includes:

  • Continued work to implement Indigenous languages and child and family services legislation (Bills C-91 and C-92);
  • Responding to the recommendations of the Final Report on Missing and Murdered Indigenous Women and Girls, and the completion of the national action plan;
  • Development of Indigenous health and policing legislation;
  • Ongoing efforts to address safe drinking water on reserve; and
  • Continued negotiations through Recognition of Indigenous Rights and Self-Determination (RIRSD) tables to move us beyond the Indian Act.

Committee Member Biographies

Standing Senate Committee on Aboriginal Peoples 43rd Parliament, 2nd Session (September 23, 2020 to present)

Chair Dan Christmas
(NS)
ISG

Dan Christmas

Deputy Chair Brian Francis
(PEI)
PSG

Brian Francis

Deputy Chair Dennis Patterson
(NWT)
CPC

Dennis Patterson

Mary Coyle
(NS)
ISG

Mary Coyle

Nancy Hartling
(NB)
PSG

Nancy Hartling

Patti LaBoucane-Benson
(AB)
Non-Affiliated

Patti LaBoucane-Benson

Sandra Lovelace Nicholas
(NB)
PSG

Sandra Lovelace Nicholas

Michael MacDonald
(NS)
CPC

Michael MacDonald

Kim Pate
(ON)
ISG

Kim Pate

Donald Plett
(MB)
CPC

Donald Plett

Scott Tannas
(AB)
CSG

Scott Tannas

Yonah Martin
(BC)
CPC

Yonah Martin

Dan Christmas, ISG, Nova Scotia

Dan Christmas

Biographical Information

Dan Christmas was nominated to the Senate by Prime Minister Justin Trudeau and appointed on December 6, 2016.

Senator Christmas is of First Nations descent, and a Canadian Mi'kmaw from the Membertou First Nation in Nova Scotia. He is the first Mi'kmaw senator to be appointed to the Senate of Canada.

From 1997 to 2016, Mr. Christmas held the position as Senior Advisor with Membertou and had assisted the Chief and Council and its Management Team with the day-to-day operations of the Community of Membertou. He also served as elected councilor for Membertou for 18 years.

He also worked for the Union of Nova Scotia Indians for 15 years - the last 10 as its Director. He was actively involved in the recognition and implementation of Mi'kmaw aboriginal and treaty rights in Nova Scotia.

Senator Christmas also served for 10 years as the Advisory Services Director for the Union of Nova Scotia Indians. In 2005, he was awarded an honourary Doctor of Laws degree from Dalhousie University for his work with the Mi'kmaw people of Nova Scotia. In 2008 he was the recipient of the National Excellence in Aboriginal Leadership Award from the Aboriginal Financial Officers Association of Canada and the Sparks Award from Novaknowledge for forward thinking.

He is currently a member of the Standing Senate Committee on Fisheries and Oceans (POFO) and the Standing Senate Committee on Aboriginal Peoples (APPA).

Brian Francis, PSG, Prince Edward Island

Brian Francis

Biographical Information

Brian Francis was nominated to the Senate by Prime Minister Justin Trudeau and appointed on October 11, 2018.

He is the first person of Mi'kmaq descent in Prince Edward Island to serve in this role.

Senator Francis received his early education in Lennox Island and Summer side, and completed four years of apprenticeship training, becoming a journeyman carpenter. He was the first Indigenous person in the province to receive his inter-provincial red seal trade certificate. He went on to obtain a Certificate in Conflict Resolution Studies from the University of Prince Edward Island.

Senator Francis served in various capacities with the public service including, from 2002 to 2007, as the Aboriginal Coordinator with the Department of Fisheries and Oceans, where he acted as a point of contact for Prince Edward Island First Nations on fisheries related matters.

In addition, Senator Francis was one of the formal signatories to the Canada/Prince Edward Island/Mi'kmaq Partnership Agreement and the Canada/Prince Edward Island/Mi'kmaq Consultation Agreement.

From 2007-2018, Senator Francis was the elected Chief and Band Administrator of the Abegweit Mi'kmaq Nation. He helped increase access to educational and employment opportunities for members on and off reserve, and led several infrastructural projects.

He is currently a member of the Standing Senate Committee on Fisheries and Oceans (POFO) and the Standing Senate Committee on Aboriginal Peoples (APPA).

Dennis Glen Patterson, CPC, Nunavut

Dennis Glen Patterson

Biographical Information

Dennis Glen Patterson was nominated to the Senate by Prime Minister Stephen Harper and appointed on August 27, 2009.

Prior to his appointment, Senator Patterson was a member of the Legislative Assembly (MLA) for the districts of Frobisher Bay and Iqaluit from 1979 to 1995. During his 16-year career as an MLA in the Northwest Territories, Senator Patterson served in many capacities including Minister of Education, Minister of Health and Social Services and Minister of Justice and Municipal Affairs, culminating in his service as Premier between 1987 and 1991.

Senator Patterson played a key role in the settlement of the 1984 Inuvialuit Final Agreement and the 1993 Nunavut Land Claims Agreement. He was also the leader of the campaign which led to the establishment of Nunavut as Canada's third territory in 1999.

Senator Patterson was admitted to the Law Society of Nunavut in 2001 and since 2003 has been a Trustee and, until September, 2015, was the Chair of Governance, Compensation and Nomination Committee of the Northern Property Real Estate Investment Trust.

Senator Patterson has been a member of the Standing Senate Committee on Aboriginal Peoples (APPA) since the second session of the 40th Parliament (2009) and served as Deputy Chair from December 2015 until November 2017 and as Chair from November 2013 until the dissolution of the 41st Parliament on August 2, 2015.

He is also currently a member of the Standing Senate Committee on Energy, the Environment and Natural Resources (ENEV).

Mary Coyle, ISG, Nova Scotia - Antigonish

Mary Coyle

Biographical Information

Mary Coyle was nominated to the Senate by Prime Minister Justin Trudeau and appointed on December 4, 2017.

Senator Coyle holds a diploma in French Language from the Université de Besançon in France and a Bachelor of Arts in Languages and Literature with a major in French and a minor in Spanish from the University of Guelph.

As Executive Director of Calmeadow, Ms. Coyle helped the organization pioneer the creation of the world's first commercial micro finance bank, BancoSol, in Bolivia and establish the First Peoples Fund to provide micro loans to First Nations and Métis communities in Canada.

In 1997, Senator Coyle joined St. Francis Xavier University, serving as Vice President and Director of the school's Coady International Institute, a centre of excellence in community-based development and leadership education.

Since 2014, Senator Coyle has worked as the Executive Director of the Frank McKenna Centre for Leadership at St. Francis Xavier University. She also continues to work as an advisor and facilitator for various organizations, including the Haitian Centre for Leadership and Excellence and the Friends United Indigenous Arts and Culture Initiative.

Senator Coyle played a role in the establishment of the Stephen Lewis Foundation, the Romeo Dallaire Child Soldiers Initiative, and the Indian School of Microfinance for Women.

She is currently a member of the Standing Senate Committee on Foreign Affairs and International Trade (AEFA) and the Standing Senate Committee on Aboriginal Peoples (APPA).

Nancy J. Hartling, ISG, New Brunswick

Nancy J. Hartling

Biographical Information

Nancy J. Hartling was nominated to the Senate by Prime Minister Justin Trudeau and appointed on November 10, 2016.

She completed two university degrees and founded the non-profit organization Support to Single Parents Inc. (SSPI) of which she was the Executive Director for thirty-four years.

She was also a founding member of St. James Court Inc., an affordable housing complex for single parents.

Her involvement on women's issues has been extensive, including co-chairing the provincial Minister's Working Group on Violence against Women, serving on the Board of the Muriel McQueen Fergusson Centre for Family Violence Research, co-chairing for New Brunswick for the Women's World March 2000, as well as lecturing at the University of New Brunswick.

Senator Hartling's record of achievement in community service, in organizational leadership and in advocacy has been recognized with several awards, such as the Governor General's Award in Commemoration of the Persons Case, the Community Spirit Award from the United Way of Greater Moncton and Southeastern New Brunswick, and the Order of New Brunswick.

She is currently a member of the Standing Senate Committee on Agriculture and Forestry (AGFO), the Standing Senate Committee on Human Rights (RIDR) and the Standing Senate Committee on Aboriginal Peoples (APPA).

Patti LaBoucane-Benson, Non-affiliated, Alberta

Patti LaBoucane-Benson

Biographical Information

Patti LaBoucane-Benson was nominated to the Senate by Prime Minister Justin Trudeau and appointed on October 3, 2018.

Senator LaBoucane-Benson is Métis, and is currently working as Director of Research, Training, and Communication at the Native Counselling Services of Alberta.

She has a Ph.D in Human Ecology, with a focus on Indigenous family resilience.

Her most recent research bridges neuroscience and Indigenous knowledge of child development, as well as finding common ground between Western and Indigenous water science.

Over the past 15 years, Senator LaBoucane-Benson has been the director, executive producer, and principal investigator for BearPaw Research, Training, and Communication, specializing in community- based, applied research.

She is also a lecturer for the University of Alberta's Executive Education program, and with the Peter Lougheed Leadership College. She was the director and lead facilitator of the Canadian Nelson Mandela Dialogues 2017.

Senator LaBoucane-Benson has been the recipient of numerous awards and distinctions, including the Alberta Aboriginal Role Model Award for Education, the Legal Aid Access to Justice Award, the Rotary Paul Harris Fellow, and the Sam Laboucan Memorial Award.

On January 31, 2020, she was appointed Government Liaison by Representative of the Government in the Senate Marc Gold. The role entails acting as a whip to secure votes for government legislation.

Sandra Lovelace Nicholas, PSG, New Brunswick

Sandra Lovelace Nicholas

Biographical Information

Sandra Lovelace Nicholas was nominated to the Senate by Prime Minister Paul Martin and appointed on September 21, 2005.

Senator Lovelace Nicholas is a Maliseet from the Tobique First Nation in New Brunswick, where she currently resides.

Senator Lovelace Nicholas studied at St. Thomas University for three years and has a degree in residential construction from the Maine Northern Technical College. She is an activist for Aboriginal women's rights in Canada and prior to her appointment to the Senate, she challenged the discriminatory provisions of the Indian Act, which deprived Aboriginal women of their status when they married non-Aboriginals. She was instrumental in bringing the case before the United Nations Human Rights Commission and lobbying for the 1985 legislation which reinstated the status rights of First Nation women and their children in Canada.

In 1990, Senator Lovelace Nicholas was awarded the Order of Canada, and in 1992 she received the Governor General's Award in Commemoration of the Persons Case.

Senator Lovelace Nicholas has been a member of the Standing Senate Committee on Aboriginal Peoples (APPA) since the first session of the 38th Parliament. She was the first Indigenous woman appointed to the Senate.

Michael MacDonald, CPC, Nova Scotia

Michael MacDonald

Biographical Information

Michael L. MacDonald was nominated to the Senate by Prime Minister Stephen Harper and appointed on January 2, 2009.

Senator MacDonald attended King's College at Dalhousie University in Halifax, graduating in 1977 with an Honours degree in political science. He first came to Ottawa in 1978, working as a researcher in the Progressive Conservative Research Office until 1980. Returning to Nova Scotia, he worked in the office of the Hon. Gerald Sheehy (1980-82), and later served as Executive Assistant to Premier John Buchanan (1982-84). Thereafter, returning to Parliament Hill, he served as Executive Assistant to the Hon. Tom McMillan (1984-85), and later to the Hon. Stewart McInnes (1985-87).

Since 1988, he has been the President and owner of the Fortress Inn Louisbourg, a motel and restaurant complex near his family home in Cape Breton.

He ran twice for federal office, first in 1988, in the riding of Cape Breton- East Richmond, and again in 2004, running in Dartmouth-Cole Harbour. He also ran twice provincially for the Nova Scotia Progressive Conservative Party in 1993 and 1998.

Until his appointment to the Upper House, Senator MacDonald served as Vice-President of the Conservative Party of Canada, and the party's National Councillor for Nova Scotia.

He currently sits on the Standing Senate Committee for Transport and Communications (TRCM) (Deputy Chair), as well as for Energy, the Environment and Natural Resources (ENEV) and Aboriginal Peoples (APPA).

In addition to his parliamentary duties, Senator MacDonald serves as Treasurer for the Canada-Korea Inter Parliamentary Friendship Group, Vice-Chair for the Canada-United States Inter-Parliamentary Group, and Counsellor for the Canadian Section of ParlAmericas.

He has also maintained an active role in the Nova Scotia community – coaching minor hockey and baseball, raising funds for cystic fibrosis research, as well as supporting various organizations to promote and preserve Nova Scotia heritage and the Gaelic language.

Kim Pate, ISG, Ontario

Kim Pate

Biographical Information

Kim Pate was nominated to the Senate by Prime Minister Justin Trudeau and appointed on November 10, 2016.

Senator Pate graduated from Dalhousie Law School in 1984 with honours in the Clinical Law Program and has completed post graduate work in the area of forensic mental health.

Prior to her appointment to the Senate, Senator Pate served as an internationally renowned human rights expert.

Since 1992, she has worked with and on behalf of women in prison and provided support toward their reintegration into society in her role as the Executive Director of the Canadian Association of Elizabeth Fry Societies (CAEFS).

A part-time professor in the University of Ottawa's Faculty of Law, she has authored many articles in academic journals. She has also served on a host of boards, committees and advisory groups, and is currently on the advisory board of the National Women's Legal Mentoring Program, Human Rights International's Canadian Advocacy Committee, and Legal Aid Ontario's Prison Advisory Committee.

Senator Pate is the recipient of many awards and distinctions, including six honorary degrees, and was appointed to the Order of Canada in 2015.

She is currently a member of the Standing Senate Committee on Human Rights (RIDR), the Standing Senate Committee on Legal and Constitutional Affairs (LCJC) and the Standing Senate Committee on Aboriginal Peoples (APPA).

Donald Neil Plett, CPC, Manitoba-Landmark

Donald Neil Plett

Biographical Information

Donald Neil Plett was nominated to the Senate by Prime Minister Stephen Harper and appointed on August 27, 2009.

Senator Plett served on the Board of Governors of the Red River College. He has coached and played hockey, basketball, and golf and was President of the Landmark Minor Hockey Association. Senator Plett also served as President of the Chamber of Commerce, Chair of the Village Council, and Chair of the local Utilities Board.

Senator Plett served as President of the Conservative Party of Canada. He remains the longest serving president of the Conservative Party in Canadian history.

In December 2015, Senator Plett became part of the Senate Conservative leadership team, when he was named Opposition Whip in the Senate.

In November 2019, Senator Plett was elected Leader of the Opposition in the Senate.

Scott Tannas, CSG, Alberta

Scott Tannas

Biographical Information

Scott Tannas was nominated to the Senate by Prime Minister Stephen Harper and appointed on March 25, 2013.

Senator Tannas is the founder of Western Financial Group Inc. and prior to his appointment to the Senate, he served as its CEO from 1996 to 2014.

Senator Tannas is currently the director of a number of private and public businesses, a member of the Ranchmen's Club of Calgary, and fundraiser for SOS Children's Villages Canada, and chairman of the Western Communities Foundation.

Senator Tannas has been a member of the Standing Senate Committee on Aboriginal Peoples since the second session of the 41st Parliament (2013) and was elected Deputy Chair on November 22, 2017. He is also currently a member of the Standing Senate Committees on Banking, Trade and Commerce, on Internal Economy, Budgets and Administration, and the Subcommittee on the Senate Estimates.

As one of the founding member, he joined the Canadian Senators Group in November 2019, which, like the Independent Senators Group, requires no political affiliation and, so, he ceased to be a member of the Conservative Party of Canada. At the same time, the CSG selected Senator Tannas as its interim leader.

Yonah Martin, CPC, British Columbia

Yonah Martin

Biographical Information

Yonah Martin was nominated to the Senate by Prime Minister Stephen Harper and appointed on January 2, 2009.

She is the first Canadian of Korean descent to serve in the Senate of Canada and the first Korean-Canadian parliamentarian in Canadian history.

Senator Martin is currently the Deputy Leader of the Opposition in the Senate (since November 2015). She previously served as the Deputy Leader of the Government in the Senate (2013-2015); and as the Deputy Whip of the Government (2011-2013).

She has been Co-Chair of the Canada-Korea Inter-Parliamentary Group since 2009; and Chairs or serves on the Executive of various interparliamentary groups. In November 2015, she co-founded International Parliamentary Coalition for Victims of Sexual Slavery (IPCVSS), and currently serves as Co-Chair of Canada.

She earned a Bachelor of Education in 1987 from University of British Columbia and had a 21-year teaching career (1987-2008) until her appointment to the Senate. She earned a Master of Education in Curriculum and Instruction in 1996. She later co- founded C3 Korean Canadian Society, a non-profit organization that aims to "bridge communities". Currently, she serves as Honorary Patron of C3, in addition to serving on several regional, national and international Boards and Advisory Councils.

Senator Martin was awarded the 2004 Spirit of Community Award for Cultural Harmony. In 2012, she was awarded the Queen Elizabeth II Diamond Jubilee Medal by Governor General David Johnston.

Did you find what you were looking for?

What was wrong?

You will not receive a reply. Don't include personal information (telephone, email, SIN, financial, medical, or work details).
Maximum 300 characters

Thank you for your feedback

Date modified: