Canadian governments and the United Nations Declaration on the Rights of Indigenous Peoples
Learn how the Government of Canada is responding to the Truth and Reconciliation Commission's Calls to Action 43 to 44.
Based on data provided September 2023.
43. We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.
What's happening?
On June 21, 2023, Canada released the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan (the Action Plan), consistent with an obligation in the United Nations Declaration on the Rights of Indigenous Peoples Act (the UN Declaration Act or UNDA), 2021. This Act provides a pathway for the fulfillment of Calls to Action 43 and 44 at the federal level in consultation and cooperation with Indigenous peoples through the alignment of federal laws, the development of an action plan and the tabling of annual reports on the progress of implementation. The Action Plan reflects a significant number of the priorities put forward by First Nations, Inuit, and Métis and provides a roadmap of actions Canada needs to take in partnership with Indigenous peoples to implement the rights and principles set out in the UN Declaration on the Rights of Indigenous Peoples (the "UN Declaration") and to further advance reconciliation in a tangible way.
Following Royal Assent of the UN Declaration Act, Justice Canada launched a broad and inclusive consultation and cooperation process to support the development of an Action Plan, the identification of measures to ensure consistency of federal laws with the UN Declaration and annual reporting processes. The process to develop the Action Plan included engagement with a range of diverse Indigenous groups, organizations and communities including those representing Indigenous women, girls, youth and 2SLGBTQI+ people to ensure that a diversity of perspectives were reflected. Discussions were also held with industry partners and provincial and territorial governments. As a result of this 2-phased, in-depth consultation and cooperation process, over 300 bilateral meetings, thematic sessions and roundtables were held, and over 120 written submissions proposing over 3,000 proposed action plan measures were received. The 5 year, evergreen UNDA Action Plan was released on June 21, 2023. The 181 measures in the Action Plan provide a roadmap to achieve the objectives of the Declaration and will advance transformative change over the next 5 years.
The UN Declaration Act imposes obligations only on the federal government, and all 181 measures in the Action Plan are federal in scope. However, some measures in areas of shared responsibility would benefit from federal, provincial and territorial collaboration to advance implementation. Several Action Plan measures refer specifically to working with provinces and territories, along with Indigenous partners. Justice Canada and other departments leading on measures will work to coordinate and cooperate with provincial and territorial partners to ensure successful implementation.
The first annual progress report was tabled in Parliament in June 2022.
Background and Current Status
The 181 measures in the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan outline the work that Canada will undertake with Indigenous peoples over the next 5 years to achieve the objectives of the UN Declaration. Over 25 federal departments and agencies will lead on specific measures impacting their respective mandates and will work closely with Indigenous partners on developing implementation plans, including timelines and metrics.
While the Action Plan is federal in scope, certain measures contained within it intersect with areas of provincial and territorial jurisdiction, including those that relate to health, access to justice, public safety, natural resource projects, and participation in decision making on matters that relate to lands, territories and resources. Facilitating provincial and territorial collaboration toward implementing the Action Plan measures began through broad-based and bilateral engagement leading up to the finalization and release of the Action Plan on June 21, 2023. Lead departments are now beginning to implement the measures for which they are responsible, and where provincial and territorial collaboration is required, existing federal provincial territorial channels are one means to accomplish this. For example, a discussion of measures that relate to the administration of justice and public safety will occur at the forum of federal provincial territorial Ministers responsible for Justice and Public Safety in October 2023, co-led between federal Ministers and British Columbia.
Recent Budget Investments
Budget 2021 provided $31.5 million over 2 years, starting in 2021 to 2022, to support the co-development of an action plan with Indigenous partners to implement this legislation and to achieve the objectives of the UN Declaration. Budget 2022 provided $37 million in funding over 5 years to support the core capacity of Indigenous governments, organizations, and groups to continue to contribute meaningfully to the implementation of the UN Declaration Act.
Recent Progress
The second annual progress report was tabled in July 2023.
Next Steps
The United Nations Declaration on the Rights of Indigenous Peoples Act sets out a framework for implementing the Declaration at the federal level as part of the framework for reconciliation. Please consult the Implementing the United Nations Declaration on the Rights of Indigenous Peoples in Canada website for more information about the implementation of the UN Declaration Act.
Funding committed in Budget 2022 will be administered through the Indigenous Partnership Fund, to provide core capacity support to Indigenous governments, organizations, and groups to continue to contribute meaningfully to the implementation of the UN Declaration Act.
44. We call upon the Government of Canada to develop a national action plan, strategies, and other concrete measures to achieve the goals of the United Nations Declaration on the Rights of Indigenous Peoples.
What's happening?
The United Nations Declaration on the Rights of Indigenous Peoples Act (the UN Declaration Act) requires the Government of Canada, in consultation and cooperation with Indigenous peoples, to develop and implement an action plan to achieve the objectives of the United Nations Declaration on the Rights of Indigenous Peoples (the UN Declaration), identify measures needed to ensure federal laws are consistent with the UN Declaration, and report annually to Parliament on the progress of implementation. In this way, the UN Declaration Act responds to Calls to Action 43 and 44 at the federal level.
On June 21, 2023, the Government of Canada released the UN Declaration Act Action Plan, in consultation and cooperation with First Nations Inuit and Métis.
The Action Plan contains 181 measures, put forward by First Nations, Inuit and Métis, that will guide steps needed to effectively implement the UN Declaration in Canada. It provides a roadmap of concrete actions Canada will take, in partnership with Indigenous peoples, to implement the principles and rights set out in the UN Declaration and advance lasting reconciliation in a tangible way.
Justice Canada and lead federal departments and agencies will continue working with Indigenous partners to prioritize and sequence the implementation of the 181 measures in the Action Plan. The implementation of these measures will contribute to achieving the objectives of the UN Declaration and advanc ing transformative change. Justice will also work to ensure transparent and accountable reporting on progress.
Background and Current Status
Following Royal Assent of the UN Declaration on the Rights of Indigenous Peoples Act, Justice Canada launched a broad and inclusive consultation and cooperation process to support the development of an action plan, the identification of measures to ensure consistency of federal laws with the UN Declaration and the development of annual reports on progress. Following th is extensive consultation and cooperation process with Indigenous partners, the UN Declaration Act Action Plan was released on June 21, 2023.
The first annual progress report was tabled in Parliament in June 2022, followed by the second annual progress report, tabled in July 2023.
Recent Budget Investments
Budget 2021 provided $31.5 million over 2 years, starting in 2021 to 2022, to support the co-development of an action plan with Indigenous partners to implement this legislation and to achieve the objectives of the UN Declaration.
Budget 2022 provided $37 million in funding over 5 years to support the core capacity of Indigenous governments, organizations, and groups to continue to contribute meaningfully to the implementation of the UN Declaration Act.
Recent Progress
In December 2021, Justice Canada launched a 2-phased broad, inclusive and distinctions-based consultation and cooperation process with Indigenous peoples to better understand their priorities in order to shape the Action Plan and to begin to identify potential measures for aligning federal laws with the UN Declaration. As a result of this in-depth consultation and cooperation process, over 300 bilateral meetings, thematic sessions and roundtables were held, and over 120 written submissions proposing over 3000 A ction P lan measures were received.
On June 21, 2023, the Action Plan to achieve the objectives of the UN Declaration, developed in consultation and cooperation with First Nations, Inuit and Métis from across Canada, was released.
The plan is not a static document, but must continue to evolve in partnership with First Nations, Inuit and Metis. The 181 measures in the Action Plan provide a roadmap to achieve the objectives of the UN Declaration and will advance transformative change.
On July 19, 2023, the Second Annual Progress Report on the Implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act was tabled in Parliament.
Preparation of the Annual Progress Report this year prioritized expanding consultation with Indigenous partners in the development of its content. 17 Indigenous partners contributed to the report, as well as 36 government departments and agencies. In addition, 33 Indigenous partners informed the development of the annual reporting process more broadly by contributing over 200 specific suggestions related to Section 7 of the UN Declaration Act.
Next Steps
Following the release of the Action Plan, Justice Canada has focused on developing and coordinating the governance needed to support and monitor the implementation of Action Plan measures by more than 28 different departments.
In the short term, Justice will work with Indigenous partners and federal departments to sequence Action Plan measures and to develop implementation plans, timelines and metrics. Additionally, Justice is moving to establish an Action Plan Advisory Committee, as per action plan measure SP22. Justice is also working to roll out the Budget 2022 funding to support the capacity of Indigenous partners to participate in implementation of the Action Plan