Status: There are currently two Bills in the House
of Commons relating to the United Nations Declaration on the Rights of Indigenous
People (UNDRIP): Bill C-262 and Bill C-332. Bill C-262, The United Nations
Declaration on the Rights of Indigenous Peoples Act proposes to ensure that the
laws of Canada are in harmony with UNDRIP. Bill C-262, the United Nations
Declaration on the Rights of Indigenous Peoples Reporting Act, required the
Minister of Indian Affairs and Northern Development to table an annual report
that outlined the Parliament of Canada’s compliance with UNDRIP.
Both of these Bills were
sponsored by MP Romeo Saganash (Abitibi-Baie-James-Nunavik-Eeyou, NDP) as
Private Members Bills, and both are currently in first reading. It is also
worth noting that Bill C-262 has been proposed in various forms six times as a
Private Members Bill since 2008, three of those times sponsored by Mr.
Saganash.
The difference in this case
compared to previous attempts at the Bill is that on May 10, 2016 Canada
removed its objector status to UNDRIP, formally adopting UNDRIP. This occurred
after the Bills went to first reading, but may impact the outcome of the
proposed legislation.
Impact: If this bill were to pass, the
implications would be far reaching. Bill C-262 states that “The Government of
Canada, in consultation and cooperation with indigenous peoples in Canada, must
take all measures necessary to ensure that the laws of Canada are consistent
with the United Nations Declaration on the Rights of Indigenous Peoples.” This
language is broad, particularly the key word of “laws.” Enacting this core
provision in the Bill could potentially require the government to revise the
Criminal Code. It would also require all future laws to be created with UNDRIP
in mind.
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