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 31, 2021

LOGISTICS

Date: Monday, May 31, 2021

Time: 2:00 p.m. – 4:00 p.m.

Location: Videoconference (Zoom)

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

Appearing:

2:00 p.m. – 3:00 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

3:00 p.m. – 4:00 p.m.

• CIRNAC and DOJ officials, as noted above

CONTEXT

It is anticipated that this will be the last APPA meeting with witnesses on their pre-study of Bill C-15 prior to clause-by-clause consideration of the bill.

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

Background:

As the final witnesses, the Ministers are likely to be questioned on the consultations undertaken prior to the introduction of the bill; implementation, including the development of the action plan; the impact of Free, Prior and Informed Consent (FPIC) on natural resource projects; measures to report on progress to Parliament and the public; and, the amendments made to the Bill in the House of Commons.

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. APPA's subject matter study has thus far had four meetings, hearing from over 24 witnesses.

APPA – Key Witness Testimony

Assembly of First Nations (AFN) (Perry Bellegarde, National Chief)

• Stressed that Bill C-15 needs to receive Royal Assent before Parliament breaks for the summer and that the window for that was closing.
• AFN was not proposing any amendments to the bill and encouraged Senators to not attempt any amendments, but instead to study and pass the bill as soon as possible.
• Noted that the fears of FPIC were based in myth and attempted to dispel that.

Assembly of First Nations of Quebec and Labrador (AFNQL) (Ghislain Picard, Chief)

• AFNQL had just unanimously adopted a motion to state that amendments are a minimal condition of support for the bill.
• Described the amendments made at INAN as a step in the right direction but insufficient.
• The AFNQL supports the implementation of the Declaration, but noted that the Quebec government had been acting at odds with the Declaration this was a source of concern.
• There is too much in the bill's preamble, and specifically that the rejection of any doctrines of superiority should be in the body of the bill.
• He specifically mentioned two amendments that the AFNQL sought:
  • establish in both languages that Section 35 needs to be determined in line with the Declaration, and;
  • use the Declaration's non-derogation language instead of what was currently in the bill.

Association of Iroquois and Allied Indian (AIAA) (Joel Abram, Grand Chief)

• Concerned with the non-derogation clause of Bill C-15
• Section 5 and 6 of the bill should only be implemented within a nation-to-nation relationship and they reject the standard set in this bill that that "thumbs its nose at the nation-to-nation relationship granting full discretion of the Government of Canada."

Canadian Roots Exchange (Hillory Tenute, Executive Director)

• Recommended creating space for Indigenous youth to lead conversations about empowering communities to roll out UNDRIP in their own way, educating Indigenous people about UNDRIP and Indigenous rights, allowing communities to identify their own key points for successful UNDRIP implementation, and, ensuring the accessibility and transparency of the process including implementation.

Champagne and Aishihik First Nations (Steve Smith, Chief)

• While he and the people he represents want this bill to pass, there are concerns about consultation in the action plan and UNDRIP's application to existing treaties.
• The bill should be amended so it has no negative impacts on modern treaties, and UNDRIP should apply to interpretation and implementation of existing agreements. Further, provinces and territories should not be allowed to opt out of Bill C-15.

Dr. Tom Flanagan

• Noted that Bill C-15 does not immediately legislate FPIC in Canadian law.
• He stated that FPIC is "nothing if not a veto", which would have real world consequences on industry, as seen in the Wet'suwet'en conflict.
• Said significant infrastructure would need to be built to meet some of Canada's sustainability goals, which could be further impacted by FPIC.

Dr. Sheryl Lightfoot

• Described the purpose of any UN Declaration as having the intention of being implemented domestically and in full.
• Discussed the phenomenon that she describes as "selective endorsement", where some part of Declarations and rights are watered-down, some are ignored, and some are selected as actionable and affirmed. Said this is not morally acceptable.
• Considers Bill C-15 as something that advances the global conversation on Indigenous rights and that it would be wrong to suggest this legislation is not necessary as it represents a so far best in the world approach and sets a positive example for others.
• Noted the Declaration has been cited in Canadian court decisions approximately 98 times.

Dr. Val Napoleon

• Sees Bill C-15 is an opportunity to change the relationship between Canada and Indigenous peoples; it enables Indigenous peoples to develop legal responses to pressing issues, and to negotiate on the basis of their own legitimacies in a way that does not automatically make Canadian law the default.
• Government inactivity and denial of Indigenous law have led to major uncertainties.
• She added that consent is essential, and that Bill C-15 can advance stability.

Dr. Pamela Palmater

• Supports Bill C-15: "Long overdue" and is an essential step to give Indigenous peoples a tool to fight to protect their rights.
• She cited that the TRC and the National Inquiry on MMIWG have called for the implementation of UNDRIP and formulating the subsequent national action plan.
• Canada has not honoured the implementation of protection of Indigenous human rights due to colonial practices, systemic racism in both policy and legal spaces, and the desire to maintain the status quo.
• Spoke about gender-based violence, policing, and the foster care system and asserted that the federal government must be a leader for the provinces in adoption of C-15.

Gwich'in Tribal Council (Ken Kyikavichi, Grand Chief)

• Spoke to recognition and reaffirmation, the principles of free, prior, and informed consent, the right of conservation of the environment, and the improvement of economic and social conditions.
• Expectation there be shared decision-making over development in their regions.
• Believes that there are some proposed developments that bear too high of an environmental risk, such as oil and gas developments in Alaska.

Indigenous Bar Association (IBA)(Drew Lafond, President)

• Described Bill C-15 as a laudable attempt for domestic implementation of the Declaration.
• Focused on the IBA submission detailing recommended amendments.
• Noted that the IBA's support was "heavily qualified" on the basis of those amendments.
• Concerned that should the amendments not be adopted, stemming from Canada's history of unfinished business of reconciliation, the current disharmony between the intention of the bill and the stated text will continue.

Inuit Tapiriit Kanatami (ITK) (Natan Obed, President)

• ITK had recently passed a resolution in support of Bill C-15.
• The bill could be improved through the addition of an Indigenous Human Rights Commission (IHRC).
• There is a need to move beyond rhetoric around reconciliation and that this bill represented that shift.
• Stressed the need to close the human rights gaps faced by Indigenous peoples in Canada and the lack of recourse they had when their rights are being violated.

Manitoba Keewatinowi Okimakanak (MKO) (Garrison Settee, Grand Chief)

• Said the Declaration is not enforceable in Canada, and the bill will not make it enforceable, but it can be amended to do so.
• Called for amendments such as a mention that the purpose of Bill C-15 is to affirm the Declaration with application in Canada; include that nothing in the Act should diminish existing rights; and that the act should be binding on the Crown.

Métis National Council (MNC) (David Chartrand, Vice-President)

• Described the bill as a foundational opportunity for change.
• Addressed the idea that industry and development would be under threat, speaking to the long standing relationships the MNC has formed with industry.

Mohawk Council of Kahnawà:ke (Ross Montour, Chief)

• His community does not support Bill C-15 in its current form.
• The Bill does not implement UNDRIP in Canadian law.
• Concerned there is an incompatibility between the rights prescribed by UNDRIP and section 35.
• Insists on the amendments to Bill C-15. Section 2 must be amended to take from article 45 of UNDRIP rather than using standard wording from domestic federal legislation.

Native Women's Association of Canada (NWAC) (Adam Bond, Manager, Legal Services)

• Important to include NWAC in these discussions
• The Declaration does not create any new rights, but codifies those in international law.
• Bill C-15 has important impacts on Indigenous women and girls.
• Bill C-15 and the Declaration recognize rights that can help reduce violence and economic marginalization, and systemic discrimination.
• The action plan should be made public with annual progress reports.

Nunavut Tunngavik Incorporated (NTI) (Aluki Kotierk, President)

• Recognize that Bill C-15 isn't a solution to everything but believe it will be an important tool as work continues on the evolving relationship between the Inuit and the Crown.
• Echoing the ITK, called for the establishment of the Indigenous Human Rights Commission (IHRC), stating it would serve as an important evaluation and enforcement mechanism.

Pasqua First Nation (Matthew Peigan, Chief)

• Supports the passage of the Bill in its current form.
• Reiterated UNDRIP does not replace Treaties made between First Nations and the Crown and article 37 reaffirms this. Noted the Bill will require the federal government to do reviews to ensure they align with the Declaration.

Pimicikamak Okimowin (David Monias, Chief)

• Supports Bill C-15; it is an important step towards reconciliation.
• Canada should amend the Bill to make UNDRIP foreseeable.

Professor Brenda Gunn (as an individual)

• Supports Bill C-15 as it provides greater certainty in how to make Canadian laws in agreement with UNDRIP.
• Action plan provides an opportunity to determine how to implement rights and engage in negotiation.
• Explained that social rights should receive the same level of attention as political rights and emphasized the importance of including Indigenous women.
• FPIC can restore Indigenous peoples control over land, resources, and culture, and address power imbalances. It is a safeguard for Indigenous rights that encourages continuous dialogue.

Treaty 8 First Nations of Alberta (Aruthur Noskey, Grand Chief)

• Emphasized that the First Nations of Alberta have voted against the Bill.
• They do not support Bill C-15 and no amendments to the Bill will change that.
• They are not against UNDRIP, but their opposition comes from the fact that Canada proposes an approach to implement the Declaration via Bill C-15. They believe that Canada is taking a distinction-based approach, where they develop agreements and legislation with Indigenous partners for First Nation people. The Assembly of First Nations should not speak on behalf of all First Nations.

Urban Native Youth Association (UNYA) (Matthew Norris, President)

• In favour of Bill C-15 as implementing the rights of Indigenous people needs to be an urgent matter, the Bill is the beginning of a process to rebuild relationships with Indigenous people, other jurisdictions are moving forward with implementation of UNDRIP and part of the action plan must include space for Indigenous people to determine what is good for them

MEETING PROCEEDINGS

The meeting is scheduled to occur from 2:00 p.m. – 4:00 p.m. via the web platform Zoom.

The Minister is asked to sign in at 1:50 p.m. to complete an audio test; officials are asked to sign in at 1:00 p.m. 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.

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.

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.

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.

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

• 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

• 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

• 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.

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?

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:

• An Act respecting First Nations, Inuit and Métis children, youth and families(preamble and s.8)
• An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général)(subsection 11(2) under "Consultations and Reports")
• Canadian Energy Regulator Act (preamble)
• Department of Crown-Indigenous Relations and Northern Affairs Act
• Department of Indigenous Services Act (preamble)
• Department for Women and Gender Equality Act (preamble)
• First Nations Land Management Act(preamble)
• Indigenous Languages Act(preamble and section 5)
• Impact Assessment Act (preamble)

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:

• Principles Respecting the Government of Canada's Relationship with Indigenous Peoples
• The Attorney General's Directive on Civil Litigation Involving Indigenous Peoples
• Jordan's Principle, which helps First Nations children living in Canada access the products, services and supports they need
• New First Nations education policy that respects the principle of First Nations control of First Nations education
• The 2019 Recognition and Reconciliation of Rights Policy for treaty negotiations in British Columbia

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. 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?

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.