Current Problems

United Nations Declaration on the Rights of Indigenous People (43-44)

Letter requesting UNDRIP delay

December 3, 2020

National Post – On Nov. 27, Indigenous relations ministers from Ontario, Quebec, Alberta, Saskatchewan, Manitoba and New Brunswick sent a joint letter to David Lametti, Minister of Justice and Attorney-General of Canada and Crown-Indigenous Relations Minister Carolyn Bennett that protested the six-week time window they say they were given for input on the draft bill and requested a delay in the tabling of the Bill. “This delay is necessary both to allow for appropriate engagement with provinces, territories, and Indigenous partners on the draft bill, and to allow time for Canada to fully and meaningfully consider and address the legitimate, significant concerns that we have already raised about the draft bill in its current form.”

The letter said the COVID-19 pandemic has hampered their ability to fully study the legislation and consult with stakeholders. “A hasty adoption of ambiguous legislation that could fundamentally change Confederation without the benefit of the widespread and necessary national and provincial consultation and consensus not only risks undermining reconciliation, but will create uncertainty and litigation and risk promoting deeper and broader divisions within our country,” the letter said.

As the Minister of Justice David Lametti pointed out, UNDRIP was adopted by the UN in 2007, endorsed by Canada in 2016 and spent two years being debated in the House of Commons and the Senate after being tabled by MP Romeo Saganash on April 21, 2016. On June 21, 2019, only the 22 unelected Conservative members in the senate killed Bill-262. In that context, the objections of the conservative premiers of the six provinces – Ontario, Québec, Alberta, Saskatchewan, Manitoba and New Brunswick – are raised through the same distorted lens that sees a threat to their economic development agenda of natural resource projects on Indigenous lands. As noted in an earlier post, the conservative mantra is “this land is our land, not yours!”

The letter also pointedly asks for a delay for consultation and review which all the provinces have unilaterally and consistently denied to Indigenous peoples.

For example:

Provincial Legislation and/or Policy decisions

  • Alberta: Bill 1 “The Critical Infrastructure Defense Act”; Suspension of Environmental Monitoring and Reporting during COVID
  • Saskatchewan: “Pillars for Life: Suicide Prevention Strategy”; Métis Nation lawsuit over land use and commercial activities; Aboriginal title; lack of consultation on mining on Métis territory
  • Manitoba: Keeyask Hydro Electric project
  • Ontario: Omnibus Bill 197 “COVID-19 Economic Recovery Act”; Bill C-74 “The People’s Health Care Act”; Ring of Fire consulting; “1492 Land Back Lane” protests while land claim in still in courts; Slashing funding for Legal Aid; Bill 132 “Better for People, Smarter for Business Act, 2019”
  • Québec Bill 66 – An Act respecting the acceleration of certain infrastructure projects; re-opening mining in Nunavik during pandemic; Hydro-Québec expropriation of Innu lands
  • New Brunswick Peace and Friendship Treaties lawsuit; Independent police investigation into Indigenous deaths