Miles Morrisseau
ICT
As Indigenous peoples in Canada celebrated National Indigenous Solidarity Day on June 21, the Canadian government announced controversial plans to adopt the United Nations Declaration on the Rights of Indigenous Peoples.
Although the proposal drew support from some First Nations leaders, others questioned whether the move would be used to replace the sweeping Indian Act of 1876, which largely covers how Canada interacts with Indigenous nations on such issues as land, healthcare, education and its system of reserves.
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Indigenous voices in the Canadian capital of Ottawa largely hailed the announcement, but chiefs in western Canada denounced the plan and called for a day of action on Canada’s birthday on July 1.
Minor Chief Regena Crowchild of theTsuut’ina Nation said a gathering is planned in Edmonton at a monument to Treaty Six.
“We reject this process that is going forward without our input and without our consent,” Crowchild told ICT. “Canada doesn’t come to us to address how we’re going to work on our government-to-government relationship with them. They go to organizations, or they just pick certain chiefs that they talk to who don’t talk to us, either. We’ve never given our consent to anybody to speak on our behalf with respect to the treaty.”
Leaders of the Assembly of First Nations, however, the national representative in Canada for First Nations, were involved in development of the plan. They were joined by Inuit and Métis leaders for the announcement in the nation’s capital.
“Today’s introduction of the action plan for the implementation of the United Nations Declaration Act is an initial step in a long road towards the realization of a nation-to-nation relationship between Indigenous Peoples and Canada,” AFN’s British Columbia Regional Chief Terry Teegee said at the announcement.
“A successful action plan must be premised on the full cooperation of First Nations, inclusive of the recognition of our rights to self-determination, free, prior and informed consent, and must be accompanied with necessary funding.”
For years, some First Nations in Canada have lobbied to have the U.N. declaration, known as UNDRIP, adopted and then implemented, but the announcement on Wednesday was not met with universal support.
Sixteen First Nations, including Tsuut’ina, representing signatories to Treaties 4, 6, 7 and 8 which cover most of the provinces of Alberta and Saskatchewan, slammed the action plan, with chiefs calling on the government to “halt repealing the Indian Act and meet with treaty nations about unfinished treaty business.”
The UN Declaration Act was introduced on June 21, 2021, and is the legislative framework for implementing UNDRIP. Included in the act is a provision to develop by June 2023 an action plan to achieve the objectives of UNDRIP.
On June 8, the federal government introduced legislation proposing the inclusion of a standardized non-derogation clause in the federal Interpretation Act indicating the law should be used to uphold – and not diminish – the rights of First Nations, Inuit and Métis people.
The clause specifically upholds rights outlined in Section 35 of the Canadian constitution, which states that “existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed.”
Canada’s Minister of Justice and Attorney General David Lametti said the plan is a step forward in improving relations with Indigenous peoples.
“Today is an important milestone in our collective journey towards reconciliation,” Lametti said at the announcement. “ I want to thank First Nations, Inuit and Métis partners for their leadership and determination. Their priorities and proposals have shaped this roadmap that will ground us, guide us, and hold us accountable in our efforts to protect, promote and uphold the human rights of Indigenous peoples in Canada.”
He continued, “Progress has been made, but more work is still needed. We remain committed to advancing the transformational and collaborative work needed to achieve the objectives of the UN Declaration.”
The United Nations adopted UNDRIP in 2007, and in 2016 the government of Canada endorsed the declaration without qualification and committed to its full and effective implementation.
The action plan includes 181 specific measures to uphold and advance the human rights of Indigenous peoples, address injustices, prejudice, violence, systemic racism and discrimination, and monitor implementation.
Inuit and Métis leaders praised the plan.
“Today’s release by Canada of the action plan to advance Métis rights and needs indicates the potential for reconciliation and better days moving forward,” stated Métis National Council President Cassidy Caron. “While the action plan is not perfect, the Métis National Council recognizes the work Canada has done to draft the action plan working with Indigenous governments and representative institutions.”
Natan Obed, president of the Inuit Tapiriit Kanatami, the national organization that represents Inuit people in Canada, agreed.
“The UN Declaration outlines the fundamental human rights of Inuit, not aspirational policy goals,” Obed said. “We welcome the completion of this action plan, which spells Inuit priorities, to be implemented through the Inuit-Crown Partnership Committee, as well as key measures intended to benefit all Indigenous peoples.”
Eva Clayton, president of Nisga’a Lismis government, said the plan advances Indigenous relations with the government of Canada.
“Modern treaties apply to more than 40 percent of Canada’s land mass,” Clayton said. “With the inclusion of modern treaties in the action plan, the government finally understands that a distinctions-based approach must get the distinctions right. This is reconciliation in action.”
The chiefs in western Canada, however, say the actions of Prime Minister Justin Trudeau’s government are reminiscent of his father’s government in 1969. Pierre Trudeau ‘s Liberal government attempted to get rid of the Indian Act and abolish treaties in the notorious White Paper.
The effort galvanized the modern First Nations rights movement that led to formation of the National Indian Brotherhood in 1970, the organization that would become the Assembly of First Nations.
“As a treaty nation, we are disappointed that Canada has moved ahead to develop a termination action plan — a reboot of the failed 1969 White Paper,” stated Okimaw (Chief) Henry Lewis Onion of the Lake Cree Nation. “There have been no discussions about the impacts of this, if the Indian act was immediately repealed.”
Crowchild said the move fails to recognize the sovereignty of Indigenous nations.
“They’re going to get rid of the Indian Act, and they put our lands, and our citizenship, and taxation, among other things, into the Indian Act without our consent.” Crowchild said. “All these processes that they’re laying out, they still go to organizations, or they hire a certain number of people to do that work and to delegate authority to us. We are sovereign nations. We have never ceded or surrendered our territories and our lands or our sovereignty.”
The United Nations Declaration on the Rights of Indigenous Peoples, which impacts communities worldwide, was a long-advocated and negotiated acknowledgement of the rights of Indigenous peoples around the world. It forms a defining structure to protect and uplift Indigenous rights as governments evolved from colonial constructs.
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