Letter to APAC Members

Members
UN Declaration Act Action Plan Advisory Committee

(by email)

Dear Committee members:

Please accept my sincere congratulations on the completion of your Terms of Reference. I believe the processes, guidance and principles you have laid out will help ensure the success of your work going forward. Department of Justice Canada officials and I look forward to upholding our responsibilities as outlined in the Terms of Reference and advancing the implementation of UN Declaration Act (UNDA) Action Plan Shared Priority measures, with your advice.

The Shared Priorities chapter of the UNDA Action Plan includes commitments to implement measures required by the UNDA as well as measures that address cross-cutting Indigenous priorities. I consider implementation of the UNDA Action Plan measures as central to realizing the Government’s mandate, which includes creating greater economic prosperity for all Canadians and advancing reconciliation. These are mutually reinforcing goals, as advancing several Action Plan measures can be seen as making progress towards a more Canadian economy for all, in partnership with Indigenous peoples.

As you embark on your advisory work, consistent with sections 1 and 5 of the Terms of Reference of the Action Plan Advisory Committee (APAC), I am seeking your expert advice on the following topic(s):

• Key Shared Priorities Measures: Given the changed fiscal environment and geopolitical circumstances since the release of the Action Plan, I would welcome the Committee’s views and rationale(s) on which (approximately 10‑20) key Shared Priority measures would most effectively contribute to advancing reconciliation and increased prosperity for Indigenous peoples and for Canada as a whole. I would also welcome views and rationale(s) on any considerations that would be relevant as sequencing implementation is explored.
• Distinctions-Based Consultation and Cooperation: I would also welcome the Committee’s practical, expert advice on how the Government of Canada could improve its distinctions-based processes for consulting and cooperating with Indigenous peoples in the implementation of the UNDA, including in developing legislation.

By way of additional context for this second question, in my view, building a shared understanding of consultation and cooperation between government and Indigenous peoples will help ensure our success in advancing Action Plan implementation. As you may be aware, Justice Canada has developed an interim guide (Guide) for officials on how to assess consistency of laws with the UN Declaration, that may serve as a helpful reference (https://www.justice.gc.ca/eng/declaration/ap-pa/guide/index.html). As Justice Canada continues to seek input on the Guide from Indigenous peoples through their representative organizations, it would be timely to also have the benefit of this Committee’s advice on what meaningful consultation and cooperation looks like in practice in a range of contexts.

Given the above, I would respectfully suggest some initial guiding questions for your consideration as you develop this advice:

• What are effective methods to identify appropriate Indigenous representative institutions for the purposes of implementing the right to participate in decision-making in a range of legislative contexts (e.g. national legislation of general application; Indigenous-specific legislation; distinctions-specific legislation)?
• What steps need to be taken to respect article 22 of the UN Declaration to reflect a diversity of experiences and perspectives in these processes?
• Are there examples of particularly effective consultation and cooperation processes?
• What practical steps could the Government take to seek to obtain free, prior and informed consent on legislative initiatives that significantly impact Indigenous peoples and their rights? What role might Parliament play in this process, in addition to the executive branch of government?
• How might the consultation and cooperation process be expedited where legislative amendments may be urgently needed to address national security, social or economic crises, for example?

Departmental officials would be pleased to discuss these topics further with you if that would be helpful. I also look forward to speaking with you about them at our upcoming meeting. As you are aware, the advice you will provide will complement, and not replace, the views of First Nations, Inuit and Métis rights holders and representative organizations, with whom we will also be sharing and discussing the above questions.

As APAC members, you all bring profound knowledge and expertise, distinct perspectives, and lived experiences, and I am eager to receive your expert advice. I thank each of you again for taking on this role and look forward to our close collaboration in the coming months.

Yours sincerely,

The Honourable Sean Fraser, P.C., K.C., M.P.
Minister of Justice and Attorney General of Canada
Minister responsible for the Atlantic Canada Opportunities Agency