Bill C-262 & Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples

Image from the Government of Canada 

Tansi Nîtôtemtik,

In 2015, NDP MP Romeo Saganash tabled Bill C-262 which would have required the federal government to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).[1] It would have required the federal government to “take all measures necessary to ensure that the laws of Canada are in harmony with” UNDRIP. After years of discussion over the bill, it “stalled in the Senate and died on the order paper in June” 2019.[2] However, Saganash, a Cree man  from Waswanipi, believes that the fight for Indigenous rights is strengthening in Canada. He stated that he is “inspired and reassured by the broad representation from civil society in support of [the] bill.”[3]

While Bill C-262 has not been successful, the federal government has released 10 Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples. These principles include:

1. The Government of Canada recognizes that all relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government;
2. The Government of Canada recognizes that reconciliation is a fundamental purpose of section 35 of the Constitution Act, 1982;
3. The Government of Canada recognizes that the honour of the Crown guides the conduct of the Crown in all of its dealings with Indigenous peoples;
4. The Government of Canada recognizes that Indigenous self-government is part of Canada’s evolving system of cooperative federalism and distinct orders of government;
5. The Government of Canada recognizes that treaties, agreements, and other constructive arrangements between Indigenous peoples and the Crown have been and are intended to be acts of reconciliation based on mutual recognition and respect;
6. The Government of Canada recognizes that meaningful engagement with Indigenous peoples aims to secure their free, prior, and informed consent when Canada proposes to take actions which impact them and their rights, including their lands, territories and resources;
7. The Government of Canada recognizes that respecting and implementing rights is essential and that any infringement of section 35 rights must by law meet a high threshold of justification which includes Indigenous perspectives and satisfies the Crown’s fiduciary obligations;
8. The Government of Canada recognizes that reconciliation and self-government require a renewed fiscal relationship, developed in collaboration with Indigenous nations, that promotes a mutually supportive climate for economic partnership and resource development;
9. The Government of Canada recognizes that reconciliation is an ongoing process that occurs in the context of evolving Indigenous-Crown relationships; and
10. The Government of Canada recognizes that a distinctions-based approach is needed to ensure that the unique rights, interests and circumstances of the First Nations, the Métis Nation and Inuit are acknowledged, affirmed, and implemented.[4]

In releasing these principles, the federal government has also outlined that they are “committed to achieving reconciliation with Indigenous peoples through a renewed, nation-to-nation, government-to-government, and Inuit-Crown relationship on [the] recognition of rights, respect, co-operation, and partnership as the foundation for transformative change.”[5] Further, they have outlined that the implementation of UNDRIP requires “transformative change in the Government’s relationship with Indigenous peoples.”[6] While these principles appear somewhat promising, it is also disheartening to see the how Bill C-262 has progressed over the past few years. The implementation of UNDRIP is essential to the success of reconciliation in Canada, and binding legislative measures to implement UNDRIP would show Canada’s commitment to reconciliation and promote a positive and constructive relationship between government and Indigenous Peoples.

 

Until Next Time,

Team ReconciliAction YEG

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[1] Justin Brake, “’Let us Rise with More Energy’: Saganash responds to Senate death of C-262 as Liberals promise, again, to legislate UNDRIP”, APTN News (24 June 2019), online: <https://aptnnews.ca/2019/06/24/let-us-rise-with-more-energy-saganash-responds-to-senate-death-of-c-262-as-liberals-promise-again-to-legislate-undrip/> [Justin Brake]; Yves Faguy, “Adopting UNDRIP into law”, CBA/ABC National (15 January 2020), online: <https://www.nationalmagazine.ca/en-ca/articles/cba-influence/resolutions/2020/adopting-undrip-into-law> [Yves Faguy].

[2] Yves Faguy, ibid; Parliament of Canada, “Bill C-262”, LEGISinfo, online:  <https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=8160636&View=0>; Justin Brake, ibid.

[3] Justin Brake, ibid.

[4] Department of Justice Canada, “Principles respecting the Government of Canada’s relationship with Indigenous peoples” Government of Canada, online: <https://www.justice.gc.ca/eng/csj-sjc/principles-principes.html> [Department of Justice Canada].

[5] Ibid.

[6] Ibid.