Background Content

Call to Action # 44: United Nations Declaration on the Rights of Indigenous People (43-44)

Establishing an Indigenous Human Rights Commission and Tribunal

December 4, 2023

NationTalk: Inuit Tapiriit Kanatami and the Métis National Council co-authored this proposal and provided it to Justice Canada in August 2022 in an effort to secure a commitment in the UN Declaration Act Action Plan to establish an Indigenous human rights commission and tribunal. ITK and MNC continue to advocate for the establishment of such a body through Action Plan Measure 19 of the Action Plan. The proposal discusses the rationale and need for an Indigenous human rights commission and tribunal, and identifies its potential mandate and functions.

The model proposed is structured as a central Indigenous Rights Tribunal mandated to provide recourse and remedy for infringements of Indigenous rights. By adjudicating complaints and appeals of government decisions or actions taken under the authority of federal statutory provisions that have been aligned with the UN Declaration pursuant to section 5 of the UN Declaration Act, the tribunal would create a body of administrative Indigenous rights law with substantive consideration and application of the relevant articles in the UN Declaration.

Establishing an Indigenous Human Rights Commission and Tribunal – English PDF