United Nations Declaration on the Rights of Indigenous Peoples

UNDRIP is not a law that countries must follow. It is a guide for countries, courts and other institutions to follow. Countries can also accept it as their own law. 

UNDRIP does not create new rights. It recognizes the Inherent Rights of Indigenous Peoples. It recognizes the collective rights of Indigenous peoples. These include the right to:

• self-government
• decide membership using their customs and traditions
• lands and resources they have traditionally owned, occupied or acquired
• compensation for lands or resources taken without their consent
• be consulted on laws and other government actions that may affect them so they can decide whether to consent to these actions
• establish and control their educational systems
• practice their traditions and customs
• maintain and develop their economic systems
• develop and, as far as possible, administer their own social programs
• practice, develop and teach their spiritual traditions
• have their Treaty Rights recognized and enforced
• revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literature, and to designate and retain their own names for communities, places and persons.

In the United Nations General Assembly on September 13, 2007, Canada was one of four countries to vote against UNDRIP. In 2010, Canada agreed to support it, later fully endorsing and committing to implement UNDRIP in 2016. 

In June of 2021 the federal government passed the United Nations Declaration on the Rights of Indigenous Peoples Act. The purpose of this Act was to make the rights in UNDRIP part of Canadian law. British Columbia was the first province or territory to pass legislation implementing UNDRIP, in November of 2019. The Northwest Territories became the second, in October of 2023.

The federal Act states that the government must make sure that Canadian laws respect the rights in the declaration. The Act also requires the government to create an action plan and use it. Both these things are to be in consultation with Indigenous Peoples.

Action Plan

The federal government released their action plan in June of 2023. The action plan sets out priorities for making UNDRIP part of Canadian law. It also outlines steps that need to be taken for each priority area. 

Priorities in the action plan include making sure:

• Canadian laws are consistent with UNDRIP
• Indigenous Peoples can exercise their right to self-government
• Treaties are recognized and enforced
• Indigenous Peoples have control of their lands and resources
• Indigenous Peoples have the right to participate in decision-making in all matters that affect them.
• Indigenous Peoples are healthy, housed and safe.
• Indigenous Peoples have equal rights to education, including post-secondary education, with necessary funding and supports

The action plan cannot be used by an Indigenous person or an Indigenous community to force the government to do something. 

Court Cases

The Supreme Court of Canada has commented on UNDRIP and what it means for Canadian law. 

The Supreme Court was looking at a law the government passed to recognize Indigenous Peoples’ right to create their own laws about child welfare. The court said that UNDRIP is now part of Canadian law. This means the government, in consultation with Indigenous Peoples, must make sure Canadian law is consistent with UNDRIP. The court found that the law about child welfare was a way for the government to meet their obligations under UNDRIP.

In another Supreme Court case the court considered UNDRIP when looking at the Canadian Charter of Rights and Freedoms. They found that the Charter should be interpreted in a way that respects UNDRIP.