by Roy Stewart, Associate Lawyer, Burchells LLP

In 2016, a Private Member’s Bill was introduced in the House of Commons, titled Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. The intent of the Bill is to ensure that all federal laws are consistent with the United Nations Declaration on the Rights of Indigenous People (“UNDRIP”).

On May 30, 2018, the Bill passed the third reading at the House of Commons.

The Bill is still within the legislative process; however, on May 31, 2018, the Bill was introduced to the Senate and quickly passed the first reading. On the same day a motion passed for the Senate to perform a second reading of the Bill in early June 2018; however, that has not yet occurred. Given that the Senate will break for the summer at the end of June, it is possible that the second reading will not occur until the fall of 2018.

Importance of UNDRIP for Indigenous People in Canada:

It is important to keep in mind that the Bill, through the adoption of the principles outlined in UNDRIP, will not create any new rights for Indigenous peoples. But that does not take away from the great importance of this Bill.

The rights of Indigenous peoples as outlined in UNDRIP already exist in Canadian law; those rights are recognized and affirmed in section 35 of the Constitution Act. Within the context of section 35 rights Indigenous people have negotiated a number of successful land claims an ...