Question Period Note: United Nations Declaration on the Rights of Indigenous Peoples

As the Truth and Reconciliation Commission said – the Declaration charts a path “for reconciliation to flourish in 21st century Canada.”
We are committed to implementing the Declaration and will introduce co-developed legislation by the end of 2020. The Government remains committed to implementing the Declaration in partnership with Indigenous peoples.
We will ensure our government legislation fully respects the intent of the Declaration, and establishes Bill C-262 as the floor, not the ceiling.

Adopted in 2007, the Declaration consists of 24 preambular provisions and 46 Articles that describe the individual and collective rights of Indigenous peoples around the world.
The Government of Canada committed to implementing the Declaration in 2016, which includes: the concept of free, prior, and informed consent, in partnership with Indigenous peoples. The Declaration establishes a universal framework of minimum standards for the survival, dignity, well-being and rights of the world's Indigenous peoples. In Canada, implementation will be in accordance with the Canadian constitution. Section 35 of Canada’s Constitution Act, 1982, provides for the constitutional protection of Aboriginal and treaty rights.
The Liberal platform commitment proposes to introduce co-developed legislation to implement the Declaration as government legislation by the end of 2020. The commitment seeks to ensure that this legislation fully respects the intent of the Declaration and establishes Bill C-262 as the ‘floor’, rather than the ceiling when it comes to drafting this new legislation.
Free, prior and informed consent is not defined in the Declaration, nor is there a domestically or internationally agreed upon definition or universal approach to implementing it. It is not a freestanding article in its own right, but serves as a qualifier on government action to protect Indigenous interests in specific circumstances (e.g., forceful removal or relocation, dangerous materials on Indigenous lands, military activities, cultural property, etc.). The goal of the principle is to ensure a balancing of interests and that consultation processes are aimed at building consensus.

If pressed on Free, Prior and Informed Consent

The Government of Canada recognizes that meaningful engagement with Indigenous peoples aims to secure their free, prior, and informed consent.
The Declaration must be read as a whole. Its principles are meant to re-balance the relationship between States and Indigenous peoples.