United Nations Declaration on the Rights of Indigenous Peoples Act - Guiding Questions

---

The Act specifically outlines key areas that the Government of Canada must consult to meet the requirements of the Act.

The following series of questions are designed to help guide discussions related to each of the legal obligations contained in the Act.

The questions are designed to act as a starting point for engagement sessions and discussions. They are not meant to restrict or limit discussions or input submitted.

Section 5: Take “all measures necessary” to ensure consistency of federal laws with the Declaration

• In what ways can the Government of Canada ensure that federal laws are consistent with the Declaration?
• Are there federal laws that you, or the organization you represent, would prioritize to ensure consistency with the Declaration? If yes, which one(s)?
• What next steps could be taken to help ensure existing or new federal laws are consistent with the Declaration? This could include legal or policy tools, training material, guidance documents, reports, analyses, or other mechanisms.
• There have been recommendations that the federal Interpretation Act be amended to include a non-derogation clause to uphold section 35 of the Constitution Act, 1982. Do you have any comments or input to provide on this idea?
• Do you have any other suggestions, views or concerns that you would like to share on the actions required to ensure federal laws are consistent with the Declaration?

Section 6: Develop an action plan within two years of Royal Assent

The Act requires that the action plan include measures to:

• Address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples and Indigenous elders, youth, children, women, men, persons with disabilities and gender-diverse persons, including two-spirit persons
• Promote mutual respect and understanding, as well as good relations, including through human rights education
• Monitor, oversee, follow up, recourse or remedy or other accountability measures with respect to the implementation of the Declaration
• Monitor the implementation of the plan and review and amend the plan
• What should be included in the action plan to address the topics listed above to best achieve the desired results?
• What could be included in the action plan to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indigenous peoples, including Elders, seniors, youth, children, women, men, persons with disabilities, and gender-diverse persons, and two-spirit persons?
• Do you have any examples of measures that have been successful in helping to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination? If yes, please provide as much information as possible about measure(s).
• In what ways can the Government of Canada help promote mutual respect and understanding, as well as good relations with Indigenous peoples?
• In what ways can the Government of Canada promote human rights education?
• What suggestions do you have regarding monitoring, oversight, recourse or remedy or other accountability measures related to the implementation of the Declaration?
• What suggestions do you have regarding the monitoring of the action plan as well as the review and updating of the plan over the years?
• What other measures or concrete actions do you recommend including in the Action Plan to advance the implementation of the UN Declaration in Canada?

Section 7: Prepare annual reports on progress to be tabled in Parliament

• What topics or information should be included in the annual report?
• In what ways should the Government of Canada consult and cooperate with Indigenous peoples on the preparation of annual reports on progress to be tabled in Parliament?

Additional themes and topics

Through 46 articles, the Declaration affirms and sets out a broad range of collective and individual rights that constitute the minimum standards to protect the rights of Indigenous peoples and to contribute to their survival, dignity and well-being. You may wish to discuss the following themes:

• Equality and non-discrimination
• Self-determination, self-governance, and recognition and enforcement of treaties
• Lands, territories, resources
• Environment
• Civil and political rights (including identity, membership and community)
• Participation in decision-making and Indigenous institutions
• Economic and social rights (including development and health)
• Cultural, spiritual and language rights
• Education, information and media
• Implementation and redress
• Other

Featured content