Bill C-15: An Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples

INAN Amendments

Amendments from the House Standing Committee on Indigenous and Northern Affairs (April 22, 2021)
(6 amendments adopted; 32 defeated, deemed inadmissible, not moved or withdrawn)

Amendments from the House Standing Committee on Indigenous and Northern Affairs (April 22, 2021) (6 amendments adopted; 32 defeated, deemed inadmissible, not moved or withdrawn)
# Amendment/Proposed by Rationale New provision
1 Preamble
Adding references to racism and systemic racismMr. Anandasangaree (LIB)
Vote: 10 - 0
  • Change links to a similar amendment in clause 6 regarding measures to include in the action plan.
  • Amendment is consistent with what was heard during the engagement sessions and following the introduction of the Bill.
  • Addition is consistent with broader government policy and said to enhance the legislation (see clause 6 amendment below).
 Whereas the implementation of the Declaration must include concrete 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 and two-spirit persons
2 Preamble:
Adding reference to doctrines of discovery and terra nulliusMr. Battiste (LIB)
Vote: 9 – 2
  • To clarify and explicitly reference that the doctrine of discovery and terra nullius are among those included in this paragraph. Consistent with input received following introduction of Bill; Indigenous peoples have long pressed for repudiation of these doctrines.
  • Consistent with SCC statements that terra nullius never applied in Canada and Canada’s position that such doctrines have no place in modern Canadian law.
  • Links to amendment in clause 6 and preamble re inclusion of racism/systemic racism.
 Whereas all doctrines, policies and practices based on or advocating the superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences, including the doctrines of discovery and terra nullius, are racist, scientifically false, legally invalid, morally condemnable and socially unjust
3 Preamble:
Adding clarity to indicate that section 35 rights are not frozen and capable of evolution and growthMr. Anandasangaree (LIB)
Vote: 6 – 5
  • Clarifies the application of the interpretive principle that s. 35 Aboriginal and treaty rights are not frozen in time and capable of evolution and growth – consistent with comments repeatedly raised by the SCC.
  • Reaffirms the constitutional protection of s. 35 rights
 Whereas the protection of Aboriginal and treaty rights – recognized and affirmed by section 35 of theConstitution Act, 1982 – is an underlying principle and value of the Constitution of Canada, and Canadiancourts have stated that such rights are not frozen and are capable of evolution and growth
4 Clause 4 – Purpose of Act
To pluralize “purpose” where it reads “The purpose of this Act…”Ms. Gazan (NDP)
Vote: 9 – 2
  • The change proposed for grammatical reasons.
  • It does not have legal or policy implications given that the Interpretation Act provides that words in the singular are read to include the plural and words in the plural include the singular.
  • French remains in singular for grammatical reasons.
 The purposes of this Act are to
5 Clause 6 – Action Plan
Content/measures to include
(6)(2)(a)(i): to include reference to “…racism and discrimination, including systemic racism and discrimination”Mr. Anandasangaree (LIB)
Vote: Unanimous
  • Amendment is consistent with what was heard during the engagement sessions and following the introduction of the Bill – the need to address all forms of discrimination against Indigenous peoples and including specific reference to racism.
  • Addition is consistent with broader government policy and enhances the legislation.
 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 and two-spirit persons, and…
6 Clause 6 – Action Plan
Time Limit
(6)(4): reducing action plan timeframe from three to two yearsMr. Anandasangaree (LIB)
Vote: Unanimous
  • Change is consistent with input from a number of Indigenous partners that shortening the timeframe is necessary given the number of steps required to implement the Declaration and the urgency in doing so.
  • Reducing the timeframe for the development of action plan, plus the ability to update/revise the plan periodically provides good balance/flexibility to shorten timeframe.
 The preparation of the action plan must be completed as soon as practicable, but no later than two years after the day on which this section comes into force