The United Nations Declaration on the Rights of Indigenous Peoples

Ajuinnata

(Inuktitut meaning: A commitment

to action/to never give up)

The United Nations

Declaration on the Rights

of Indigenous Peoples Act

Action Plan

The United Nations Declaration

on the Rights of Indigenous

Peoples Act Action Plan.

J2-585/2023E-1-PDF

978-0-660-67994-5

United Nations Declaration

on the Rights of Indigenous

Peoples Act Action Plan

United Nations Declaration on the Rights of Indigenous

Peoples Act Implementation Secretariat

Department of Justice Canada

2023

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General of Canada, 2023

About the artist

Shaun Vincent founded Vincent Design Inc. in 2007 after several years of

working successfully within the design industry. He was early to recognize

a need for representational design, driving his desire to create a company

to promote Indigenous communities, organizations, and companies.

Shaun’s art and perspective oer a way for Indigenous people to be seen,

and more importantly, to see themselves in the work. This is reected in the

stories and meaning he imbues into every design. His approach and style

have evolved to show representation of Indigenous peoples using animals

and plants for the meaning and the way they don’t abide by Western ideas

of borders and boundaries. His artistic style, while inuenced by the

Woodlands and Cape Dorset styles, has become his own.

Growing up included spending time with family in the Métis community of

St. Laurent, located on the southeast shore of Lake Manitoba, where Métis

people lived since the 1800s. Shaun is the latest generation to care for land

there, and where he feels most at home. As an Elder once told him, “The

land knows your feet here.”

As an Indigenous designer, he is immersed in the culture, carrying forward

his experience into every project. Connections to the land, history and

‘knowing’ – the understanding that the spirit lives within each of us – are

reected in the process and the result. It is this Two-Eyed Seeing that bridges

Indigenous understanding with Western strengths. Mi’kmaw Elder Albert

Marshall said the advantage of Two-Eyed Seeing is that you are always ne-

tuning your mind into dierent places at once, and you are always looking

for another perspective and better way of doing things.

Shaun works to balance form with function against backdrops of culturally

relevant imagery. Indigenous design is tied to the culture, people and our

relationships with the land. It relies on values of inclusivity, authenticity,

respect, representation and collaboration that are shared by First Nations,

Inuit and Métis Peoples in Canada. There are universal themes, symbols

and stories, but also unique histories and points of view, and both have a

place in thoughtful design.

The Government of Canada would like to thank the

Indigenous designers who created the artwork for

the Action Plan 2023-2028.

About the artwork

The elements included in the design for the Government of Canada’s

United Nations Declaration Act Action Plan include the following:

Eagle

A symbol of love, and as Eagle is closest to Creator it is also a

messenger between Creator and the people. (First Nations)

Flower

A ve-petal ower characteristic of Métis beadwork.

Raven

Creativity, intelligence, and transformation are all represented in Raven.

Sash

The Sash was a practical addition to the wardrobe of a voyageur and

came to also represent Métis people.

Narwhal

The Narwhal is a symbol of sustenance to the Inuit, both

physically and spiritually.

Moose

Moose symbolize strength, endurance, and determination.

Ulu

The ulu, or “women’s knife”, symbolizes utility and resourcefulness.

Paddles, Canoe and Kayak

The paddles include a traditional Inuk paddle and kayak in the MacKenzie

River Delta style, and a traditional Cree Great Whale River canoe.

The shapes below the kayak are ice and water, while above the canoe are

trees on the land.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Table of Content

Introduction

Action Plan 2023-2028 9

Chapter 1: Shared priorities 25

Chapter 2: First Nations priorities 51

Chapter 3: Inuit priorities 57

Chapter 4: Métis priorities 63

Chapter 5: Indigenous Modern Treaty Partner priorities 69

The UN Declaration Act 77

The UN Declaration 83

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Introduction

In 2007, the United Nations General Assembly adopted the United Nations Declaration on the

Rights of Indigenous Peoples (UN Declaration), a comprehensive international human rights

instrument on the rights of Indigenous peoples around the world. The UN Declaration sets

out the minimum standards for the survival, dignity and well-being of Indigenous peoples

throughout the world.

In 2016, the Government of Canada endorsed the UN Declaration without qualication

and committed to its full and eective implementation. On June 21, 2021, the United Nations

Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act) received Royal

Assent and immediately came into force. It creates a lasting framework to advance the

implementation of the UN Declaration at the federal level.

In keeping with the UN Declaration Act, the Government of Canada worked in consultation

and cooperation with Indigenous peoples to identify the measures necessary to ensure

federal laws are consistent with the UN Declaration, and to co-develop an action plan to

achieve the objectives of the UN Declaration.

In December 2021, Justice Canada launched a two-phased broad, inclusive and distinctions-

based consultation and cooperation process with Indigenous peoples to advance the

implementation of the UN Declaration Act. The rst phase involved identifying priorities and

potential measures for a draft action plan, while the second phase consisted of validating

proposed measures and modifying them as necessary, identifying and lling any gaps, and

including additional measures.

In March 2023, Canada released a draft action plan and a What We Learned to Date Report.

Since March 2023, Canada has been working intensively with Indigenous peoples, who

identied gaps and brought forward hundreds of additional priorities, including numerous

legislative, regulatory, policy and program changes for alignment with the UN Declaration,

many of which have been included in this action plan. Many also raised the need for additional

investments to support their capacity to participate in the implementation of the UN

Declaration Act.

Numerous partners also called for the need to educate all Canadians on the UN Declaration

and other topics that would enhance cultural sensitivity and promote understanding as well

as good relations between Indigenous and non-Indigenous people in Canada.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Consistent with the Truth and Reconciliation Commission’s Calls to Action, the Government of

Canada is committed to supporting education and training so everyone can learn about:

• Indigenous rights as human rights

• the history, stories and values of Indigenous peoples

• the role of treaties, agreements and alliances as foundational to our ongoing nation-

to-nation, Inuit-Crown and government-to-government relationships

• the truth about the grave harms against Indigenous peoples committed as part

of settler colonialism and extensively documented by the Royal Commission on

Aboriginal Peoples, the Truth and Reconciliation Commission, and the National Inquiry

into Missing and Murdered Indigenous Women and Girls

• the strength and resilience of Indigenous peoples in the face of those harms and

their unwavering determination to steward their traditional territories and rebuild their

languages, cultures, laws and prosperity

The release of this action plan is the result of the rst and second phase of the consultation

and cooperation process and reects another important step on our journey of reconciliation.

We acknowledge the tight timeframes imposed by the UN Declaration Act, which created

challenges for us all. Going forward, all submissions received from Indigenous partners are

expected to inform the next phase of our implementation work together. Furthermore, the

UN Declaration Act requires periodic review and amendment of the action plan, in consultation

and cooperation with Indigenous peoples. In this way, the action plan is an evergreen roadmap,

with opportunities to renew and further co-develop its contents as part of the UN Declaration

implementation process.

Vision for the future

The UN Declaration Act provides a historic, transformative opportunity to ensure the full

implementation of the inherent rights of Indigenous peoples as armed in the UN Declaration.

The preamble to the UN Declaration Act reects the vision of Indigenous peoples and leaders

who worked so hard and for so long to bring the UN Declaration into being, and has guided

and inspired our work to date. We reproduce it here to remind us of the objectives we are

pursuing through this action plan:

Whereas the United Nations Declaration on the Rights of Indigenous Peoples provides a

framework for reconciliation, healing and peace, as well as harmonious and cooperative

relations based on the principles of justice, democracy, respect for human rights, non-

discrimination and good faith;

Whereas the rights and principles armed in the Declaration constitute the minimum

standards for the survival, dignity and well-being of Indigenous peoples of the world,

and must be implemented in Canada;

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Whereas, in the outcome document of the high-level plenary meeting of the General

Assembly of the United Nations known as the World Conference on Indigenous Peoples,

Canada and other States rearm their solemn commitment to respect, promote and

advance the rights of Indigenous peoples of the world and to uphold the principles of

the Declaration;

Whereas, in its document entitledCalls to Action, the Truth and Reconciliation

Commission of Canada calls upon federal, provincial, territorial and municipal

governments to fully adopt and implement the Declaration as the framework for

reconciliation, and the Government of Canada is committed to responding to those

Calls to Action;

Whereas, in its document entitledCalls for Justice, the National Inquiry into Missing

and Murdered Indigenous Women and Girls calls upon federal, provincial, territorial,

municipal and Indigenous governments to implement the Declaration, and the

Government of Canada is committed to responding to those Calls for Justice;

Whereas First Nations, Inuit and the Métis have, throughout history and to this day, lived

in the lands that are now in Canada with their distinct identities, cultures and ways of life;

Whereas Indigenous peoples have suered historic injustices as a result of, among

other things, colonization and dispossession of their lands, territories and resources;

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;

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 dierences, including the doctrines of discovery andterra nullius, are racist,

scientically false, legally invalid, morally condemnable and socially unjust;

Whereas the Government of Canada rejects all forms of colonialism and is committed

to advancing relations with Indigenous peoples that are based on good faith and on

the principles of justice, democracy, equality, non-discrimination, good governance

and respect for human rights;

Whereas the Declaration emphasizes the urgent need to respect and promote the

inherent rights of Indigenous peoples of the world which derive from their political,

economic and social structures and from their cultures, spiritual traditions, histories,

philosophies and legal systems, especially their rights to their lands, territories and

resources;

Whereas the Government of Canada recognizes that all relations with Indigenous

peoples must be based on the recognition and implementation of the inherent right

to self-determination, including the right of self-government;

Whereas the Government of Canada is committed to taking eective measures

— including legislative, policy and administrative measures — at the national and

international level, in consultation and cooperation with Indigenous peoples, to

achieve the objectives of the Declaration;

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Whereas the Government of Canada is committed to exploring, in consultation and

cooperation with Indigenous peoples, measures related to monitoring, oversight,

recourse or remedy or other accountability measures that will contribute to the

achievement of those objectives;

Whereas the implementation of the Declaration can contribute to supporting sustainable

development and responding to growing concerns relating to climate change and its

impacts on Indigenous peoples;

Whereas the Government of Canada acknowledges that provincial, territorial and

municipal governments each have the ability to establish their own approaches to

contributing to the implementation of the Declaration by taking various measures

that fall within their authority;

Whereas the Government of Canada welcomes opportunities to work cooperatively

with those governments, Indigenous peoples and other sectors of society towards

achieving the objectives of the Declaration;

Whereas the Declaration is armed as a source for the interpretation of Canadian law;

Whereas the protection of Aboriginal and treaty rights — recognized and armed

by section 35 of theConstitution Act, 1982— is an underlying principle and value of the

Constitution of Canada, and Canadian courts have stated that such rights are not frozen

and are capable of evolution and growth;

Whereas there is an urgent need to respect and promote the rights of Indigenous

peoples armed in treaties, agreements and other constructive arrangements, and

those treaties, agreements and arrangements can contribute to the implementation

of the Declaration;

Whereas respect for human rights, the rule of law and democracy are underlying

principles of the Constitution of Canada which are interrelated, interdependent and

mutually reinforcing and are also recognized in international law;

And whereas measures to implement the Declaration in Canada must take into

account the diversity of Indigenous peoples and, in particular, the diversity of the identities,

cultures, languages, customs, practices, rights and legal traditions of First Nations, Inuit and

the Métis and of their institutions and governance structures, their relationships to the land

and Indigenous knowledge;

Visit www.Canada.ca/Declaration to read the UN Declaration Act.

Indigenous peoples were clear throughout the UN Declaration Act Action Plan consultation

and cooperation process: the Action Plan is another step along our journey together, it is not

an end point. It oers a path toward reconciliation that will be walked by generations to come.

It cannot and must not be a static document, but must continue to evolve in consultation and

cooperation with Indigenous peoples.

It is in this spirit that we see the co-development of a joint Vision Statement as a work

in progress for which more time is needed. We commit to undertaking this work through

a new UN Declaration Act Advisory Committee we propose to establish as we enter the

implementation phase starting June 2023.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

We would like to take this opportunity to reect back some of the many inspiring vision

statements shared with us by a diverse range of Indigenous partners over the course

of the UN Declaration Act Action Plan consultation and cooperation process to date:

“Reconciliation for Indigenous Peoples is complex. There is no single concept that

could clearly capture all that is required to achieve reconciliation. What we know is

that reconciliation requires action. It requires a real eort by Canada and Canadian

society to work with Indigenous Peoples to do better in the treatment of Indigenous

Peoples in this Country. Reconciliation requires Canadian society to make amends

for historical injustices that continue to hinder the wellbeing of Indigenous Peoples.

Reconciliation requires the right for Indigenous Peoples to live in safety and be governed

in accordance with their own Indigenous principles, values, customs and traditions

without discrimination and that their Indigenous customs, laws and institutions not be

constrained or diluted to conform to Canadian legal norms. Reconciliation requires

a commitment by Canada and Canadian society to continue to work with Indigenous

Peoples to improve a quality of life for Indigenous communities, families and our most

vulnerable and that we become a world leader that respects the human rights of

Indigenous Peoples.”

- Victoria B. Fred (for the Assembly of First Nations Yukon Region), Barrister & Solicitor,

Kwanlin Dün First Nation

“While all First Nations in Canada have been subjected to oppression and colonization,

some of the historic expressions of colonization have been distinct in dierent regions.

Most fundamental in this regard is that, unlike much of Canada, in British Columbia there

are few treaties — the pre-Confederation treaties on Vancouver Island, part of Treaty 8

and a handful of modern treaties. Given this reality, in British Columbia a primary focus

of First Nation-Crown relations has been, and continues to be, completing the unnished

work of structuring proper relations that respect First Nations’ sovereignty, including their

governments, laws, jurisdiction and inherent title and rights. This necessarily requires

some dierent actions and approaches than the work that is required in other areas of

Canada.”

- First Nations Leadership Council, “FNLC Priorities Paper on the United Nations

Declaration Act National Action Plan”, May 2023

“Our vision is through the implementation of the United Nations Declaration of

Indigenous People and the Action Plan is that all people will benet, the Indigenous

and the Canadian state alike. The Crown and the First Nations agreed, in treaty making,

that their citizens would not only survive but prosper, the unique benets of the coming

together of two ways of life would be shared, and they would both benet from the land

and resources. The UNDA and the Action plan will promote greater compliance and

awareness of the work required to respect and implement the human rights of Indigenous

peoples.”

- Federation of Sovereign Indigenous Nations, Vision and Value Statement, May 2023

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

“The Anishinaabe Nation in Treaty 3 did not surrender any rights of self-government by

agreeing to Treaty #3 in 1873. We exercise our inherent jurisdiction as the Anishinaabe

(people) “planted on the land” by the Creator.

[...] Historic Treaties, signed before 1975, are constitutionally protected agreements

that existed at the time of the Constitution Act of 1982 and were thereby recognized and

armed. Canada recognizes 70 historic treaties, representing over 600,000 First Nations

people in Canada and 364 First Nations. Indigenous peoples who entered into Historic

Treaties (“Indigenous Historic Treaty Partners”) negotiated for certain Treaty rights and

exchanged commitments with the Crown. The Supreme Court of Canada has stated on

many occasions that the “honour of the Crown” requires the avoidance of “sharp dealing”

because Treaties form a sacred relationship and it is assumed that the Crown intends to

full its promises.

[…] Under Article 37 of UNDRIP, it is imperative that Canada and Indigenous peoples

work together to co-develop legislative and policy processes, tools, and mechanisms

to ensure that Historic Treaties are recognized, observed, and enforced, or in other

words—implemented. Implementing Historic Treaties in a broad and purposive manner

to uphold the honour of the Crown is an ongoing process that can and should be

supported and advanced by the UNDA.

[...] Canada’s Action Plan must provide for the honourable implementation of historic

treaty promises and do so in a transformative way that renews the Crown-Indigenous

treaty relationship and implements UNDRIP.”

- Grand Council Treaty #3, Draft action plan submission, May 18, 2023

“How can the Declaration be implemented in the Canadian legal system without

breaking it down? The need to maintain a holistic approach must be stated here, since

the Declaration brings together a set of rights of various kinds (economic, environmental,

civil, social, health, cultural, etc.) that should not be compartmentalised.”

- Grand Council of the Waban-Aki Nation, Action Plan submission, April 2023

“The Action Plan is by no means a nal solution to reconciliation in Canada. As such,

whatever mechanisms the federal government chooses to bring Canada’s legal

frameworks into compliance with UNDRIP must acknowledge that our understandings

are always changing. The Action Plan’s mechanisms must, therefore, be exible, forward

looking, and support the renewal of Zagime’s nation-to-nation relationship with the

Crown. This is a critical foundation to support a viable Action Plan.”

- Zagime Anishinabek First Nations, Action Plan submission, February 2, 2023

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

“Canada’s passing of the United Nations Declaration on the Rights of Indigenous Peoples

Act, S.C. 2021, c. 14 (“UNDA”), and the development of this Action Plan is a watershed

moment for Canada. It provides Canada with the opportunity, and imposes on it the

responsibility, of recognizing, upholding, and protecting the fundamental rights of

Indigenous people across the country — something, that to date, it has failed at, and

until very recently it has actively worked against. Mikisew knows rsthand the positive

changes that can come when Canada takes its international commitments seriously on

a domestic stage: it was only after Mikisew engaged with the World Heritage Committee

under the World Heritage Convention did Canada begin to take action to protect and

restore the Wood Bualo National Park (“WBNP”) World Heritage Site. Until Mikisew

sought to hold Canada accountable for its international obligations, Canada had

ignored the dying of the Peace Athabasca Delta and the resulting infringements of

Mikisew’s Aboriginal and Treaty rights.

Mikisew is thus once again taking the opportunity to advocate for the federal

government to develop strong, measurable, and meaningful actions to demonstrate

its commitment to UNDRIP.”

- Mikisew Cree First Nation, Action Plan submission, May 2023

“The United Nations Declaration on the Rights of Indigenous Peoples Act is about

the respect and recognition of the human rights of Indigenous peoples. Canada’s

implementation of UNDRIP boasts eorts to reinvigorate and recognize Indigenous

self-governance. In our view, doing so requires the co-development of Nation-to-Nation

mechanisms, including recognition of Indigenous laws and jurisdiction, enforcement

and armation of Indigenous governance models and laws. Implementation of the new

relationship is to be mutually benecial to both of our treaty-based nations, reecting

the spirit and intent of our Treaty. An examination of Indigenous rights, now that the

Doctrine of Discovery has been legally nullied will also need to be clearly articulated

and conrmed. This is why SLCN recommends that Canada interacts with a group of

self-identifying Cree Nations who wish to participate in an ecient and egalitarian

process to implement the Declaration.”

- Shoal Lake Cree Nation, Action Plan submission, February 13, 2023

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

“In 2007, the United Nations General Assembly adopted the UN Declaration on the

Rights of Indigenous Peoples (“UNDRIP”). UND[R]IP is the most comprehensive

international instrument on the rights of Indigenous Peoples. It is a law that promotes

and protects the minimum global standards to uphold the inherent human rights of

Indigenous Peoples for regenerating their dignity, survival and well-being. It arms

treaties, the right of self-determination, traditional territories and resources, knowledge

and heritage, language rights, and economic, health and social rights. It prevents any

kind of discrimination. It makes Mi’kmaq persons under United Nations law’s general

human rights principles. It deemed Mi’kmaw laws, traditions, and customs part of

customary international law. It elaborates on existing inherent human rights standards

and fundamental freedoms and incorporates international human rights law to apply to

the Mawio’mi and Mi’kmaq. It arms Mi’kmaw self-determination, its inherent and treaty

rights and the freedom to choose their future. It arms the Mi’kmaw quest to safeguard

their heritage, knowledge, culture, identity and languages, which is vital for recognizing,

protecting, and fullling Mi’kmaw rights. These inherent rights transform the past into a

tool to address present needs and future challenges.”

- Eskasoni First Nation, “UNDRIP Communications Report: UNDRIP and Canadian Law”,

April 2023

“True reconciliation requires making space for Indigenous voices that have been

systemically denied, dismissed, or unheard. It also includes recognizing distinctions

within those voices, such as the established rights of modern treaty nations.

The systems in which Canada has been operating were not designed for reconciliation.

In fact, in most circumstances, they were designed to do the opposite. As Canada works

towards active reconciliation through this action plan and other initiatives, it is vital we

do not leave the voices of modern treaty nations behind. Developing and implementing

the Action Plan in a meaningful way means decolonizing engagement formats, decision-

making processes, and reporting requirements. The Alliance is trusting our treaty

partners to take our words, values and advice into your departments and approval

processes, and advocate for change when needed.”

- Chief Laura Cassidy of Tsawwassen First Nation, on behalf of the Alliance of BC

Modern Treaty Nations

“True implementation of UNDRIP would necessitate a complete overhaul of Canadian

law. This is a generational project. To do so properly and fully “in consultation and

cooperation” with Indigenous peoples, adequate resources and time must be provided

for all engagement and decision-making activities related to the Act to take place in a

collaborative process. If this process is rushed, there is a strong possibility that a ‘Pan-

Indigenous’ approach will be taken. DGG reminds Canada that such an approach would

violate the diversity of Indigenous peoples that UNDRIP promotes and seeks to protect.”

- Délı

nę Got’ı

nę Government, Action Plan submission, January 2023

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

“We encourage Canada to continue to engage with us and other First Nations to gain

better insight into what is required to implement UNDRIP. This current engagement on

Canada’s Action Plan should be understood as the beginning of an ongoing dialogue.

Among many other things, the Action Plan should include a commitment to continue

to consult and work collaboratively to achieve reconciliation and the vision of UNDRIP.

[…] Reconciliation has many meanings for Indigenous Nations across Canada. We

appreciate the work done by our National Indigenous organizations to promote

reconciliation but believe it is imperative for Canada to engage with us directly at the

local and regional level to gain tangible understandings of our challenges so we can

work together cooperatively to develop meaningful solutions.”

- Tr’ondëk Hwëch’in Government, Action Plan submission, December 16, 2022

“Implementation of UNDRIP, and its core themes of Indigenous freedom and self-

determination, will only be successful through implementation of Indigenous jurisdiction

and title. Centuries of Crown colonialism have denied and eroded Indigenous jurisdiction

and ownership, and suppressed and supplanted Indigenous self-governance.

The Action Plan, to eectively implement UNDRIP, must place focus on unwinding this

colonial legacy in a structured way that returns and recognizes Indigenous jurisdiction

and ownership while at the same time supporting Indigenous Nations to rebuild and

renew our governance and institutions.”

- Tŝilhqot’in National Government, Action Plan submission, December 15, 2022

“Full, eective and expedient implementation of the rights of Inuit that are recognized

and armed by section 35, including the obligations and objectives of the Inuit-Crown

treaties and self-government agreements, and the rights armed by the United Nations

Declaration on the Rights of Indigenous Peoples, is foundational for creating prosperity

among Inuit […]”.

- Guiding Principles 3.1.2 of the Inuit Nunangat Policy

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

“In 2021, Canada and the Manitoba Métis Federation (MMF) — the government of

the Red River Métis — signed the Manitoba Métis Self-Government Recognition and

Implementation Agreement (SGRIA) to, among other things, “recognize, support, and

advance the exercise of the Manitoba Métis’ [also known as the Red River Métis] right to

self-determination, and its inherent right to self-government recognized and armed

by section 35 and protected by section 25 of the Constitution Act, 1982, in a manner that

is consistent with the United Nations Declaration on the Rights of Indigenous Peoples,

through a constructive, forward-looking, and reconciliation-based arrangement that is

premised on rights recognition and implementation.”

This same year, Canada’s United Nations Declaration on the Rights of Indigenous

Peoples Act (the Act) received royal assent and came into force. Both the Act and the

SGRIA commit Canada to working with the MMF to implement the UN Declaration, to

advance reconciliation with the Red River Métis, and to advance their inherent right to

self-government and self-determination. Despite the developments of the last few years,

there is much work to be done for Canada to reconcile with the Red River Métis and fully

implement the UN Declaration.”

- Manitoba Métis Federation, Action Plan submission, April 28, 2023

“There is no word in Michif, Cree or Dënë for “reconciliation”. Instead, only Kwaayesh

Aashtaayaahk – Michif, and Kwayskahstahsoowin — Michif and Cree, which means

“setting things right” and Ëła nıdeł Ëła Ëghëdëleda há — Dënë, which means “gathering

to work together”. Canada’s implementation of UNDRIP, which reects the “minimum

standards” of Indigenous rights, in accordance with the UNDRIP Act, and its commitments

set out therein (e.g., “consultation and cooperation with Indigenous peoples,” etc.), is critical

to Kwaayesh Aashtaayaahk / Kwayskahstahsoowin / Ëła nıdeł Ëła Ëghëdëleda há.”

- Métis Nation – Saskatchewan, Action Plan submission, February 14, 2023

“Canada’s Action Plan must not just implement a plan, it must guarantee Indigenous

People their free access to their rights. The UNDRIP lays out these rights within its Articles,

and Canada must now enforce these rights. These rights are inherent, and minimum

standards to ensure Indigenous Peoples’ wellbeing. Until now, Canada’s colonial laws

and policies have not prioritized these minimum standards, and this is a chance to do

better. The UNDRIP is Canada’s framework for reconciliation, and the Action Plan is

Canada’s chance to make good on that promise.”

- Native Women’s Association of Canada, Action Plan submission, April 2023

“The implementation and application of the action plan necessitate a gender-based and

intersectional approach. Advancing the rights of Indigenous peoples requires acting for

the advancement of Indigenous women and girls, and recognizing the importance of their

mobilizing role, the importance of their involvement in decision-making and of their full,

equal and eective participation, as well as of their role as managers, leaders, protectors

of natural resources and agents of change.”

- Quebec Native Women, Action Plan submission, April 2023

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

“Bill C-15, […], represents a once-in-a-lifetime opportunity to reset both the scales of

justice and the balance of power so that indigenous women, children and two-spirit

and gender-diverse people are protected, safe and free.

Accomplishing the equitable implementation of UNDRIP domestically will be no easy

feat. It will require a distinctions-based approach that recognizes no hierarchy of

rights among the rst nations [sic], Inuit and Métis. Moreover, within each of the three

distinctions-based groups, the unique experience of Indigenous women, girls and two-

spirit and gender-diverse people will also require specic analysis and attention, given

their precarious and vulnerable positions in Canadian society.”

- Les Femmes Michif Otipemisiwak – Women of the Métis Nation, Testimony to House

of Commons Standing Committee on Indigenous and Northern Aairs, on Bill C-15, April

15, 2021

“Opportunities are cultivated to advance digital pathways rooted in Indigenous ways

of knowing and being, driving positive change for generations. Indigenous Peoples

leveraging technology to amplify their worldviews, tech equity and digital sovereignty.”

- Indigenous Friends Association, Draft action plan validation, April 2023

“These considerations should inspire a main principle of UNDA, that is, that new

approaches to Indigenous relations are required by Canada that respect and reect the

realities of Indigenous communities, their self-determination, and ways of collectively

organizing; principles upheld by UNDRIP, but which are so often obfuscated by the

scaolding of the state and the colonial relations that Canada maintains with a select

number of Indigenous organizations.”

- Ontario Federation of Indigenous Friendship Centres, Feedback on ‘What We Learned

to Date Report’, January 24, 2023

“The youth we have spoken to have clearly articulated that UNDRIP’s implementation

will not reect their or their communities’ needs and values unless it is done in a good way.

In part, this means a substantive, accessible, meaningful, and continuous engagement.

Indigenous people, including youth, take a risk when agreeing to engage with the

Government of Canada; they risk having their words misrepresented, and they risk being

ignored. Taking the time to engage in a substantive way will help Indigenous youth

and their communities feel respected in the process. Ultimately, the needs, voices, and

wellbeing of Indigenous youth and future generations must be centered in the Action

Plan and any future initiatives taken under the umbrella of UNDRIP implementation.”

- Canadian Roots Exchange, “Indigenous Youth Voices and the UNDRIP Action Plan:

Preliminary Report”, August 2022

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

2023-2028 Action Plan

The Government of Canada is committed to implementing the measures identied in this

action plan, which outlines a whole of government roadmap for advancing reconciliation with

Indigenous peoples through a renewed, nation-to-nation, government-to-government, and

Inuit-Crown relationship based on recognition of rights, respect, cooperation, and partnership

as the foundation for transformative change. It is important to emphasize that the action plan

is not intended to be a comprehensive or restrictive set of actions to be taken by the federal

government and Indigenous peoples to implement the UN Declaration. Rather, it will be an

evergreen document that will allow for responsiveness to new priorities that emerge over

time. The measures identied in the action plan are in areas where there were emerging

trends or similarities in proposals among Indigenous peoples on priorities and key actions

required to advance implementation of the UN Declaration Act.

The measures are organized into ve chapters:

1. Shared Priorities: this section sets out commitments to implement measures required

by the UN Declaration Act as well as measures that address cross-cutting Indigenous

priorities, and responds to priorities put forward by Indigenous peoples, including First

Nations, Inuit and Métis, Modern Treaty and Self-Governing Nations, diversity groups

(e.g., Indigenous women, Elders, youth, persons with disabilities, Two-Spirit, Lesbian, Gay,

Bisexual, Transgender, Queer, Intersex, Plus [2SLGBTQI+] people) and urban and

o-reserve organizations.

2. First Nations Priorities: this section sets out commitments to implement measures

that respond to submissions put forward by First Nations representative organizations,

historic and numbered Treaty partners, and First Nations governments.

3. Inuit Priorities: this section sets out commitments to implement measures that

respond to submissions put forward by Inuit Tapiriit Kanatami (ITK) and Inuit Treaty

Organizations.

4. Métis Priorities: this section sets out commitments to implement measures that

respond to submissions put forward by the Métis National Council (MNC) and its

governing members – the Métis Nation of Ontario, the Métis Nation of Saskatchewan,

the Métis Nation of Alberta and the Métis Nation of British Columbia - as well as to

separate submissions put forward by the Manitoba Métis Federation.

5. Indigenous Modern Treaty Partner Priorities: this section sets out commitments

to implement measures that respond to submissions put forward by Modern Treaty

Partners across Canada.

Each measure is categorized as related to the legislated priorities or thematic areas of the

UN Declaration to provide an organizing framework for reporting. These thematic areas

reect the rights set out in the UN Declaration as follows:

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Next steps for implementing

the Action Plan

The action plan is a starting point for ongoing consultation and cooperation with

Indigenous peoples on UN Declaration implementation. The Government of Canada is

committed to working with Indigenous peoples to advance implementation of the action

plan in order to achieve the objectives of the UN Declaration.

A variety of new and existing mechanisms may be utilized to make progress on the

work ahead, including permanent bilateral mechanisms, national and regional committees

to co-develop implementation plans for the measures where needed, as well as possible

federal-provincial-territorial-Indigenous fora.

To ensure Indigenous peoples’ continued participation in the action plan implementation

process, Justice Canada, along with a number of federal departments, will provide funding

to support Indigenous participation in the various implementation, monitoring and oversight

processes described in the Action Plan.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Shared understandings

and principles

Ensuring that the words and language used throughout the action plan are clear and

consistent is important for successful implementation.

The 2021 National Action Plan: Ending Violence Against Indigenous Women, Girls and

2SLGBTQQIA+ People includes a “Note to Reader” (pages 3 to 5) that denes some of the key

terms that are also used in this action plan, including Indigenous, Inuit, First Nations, Métis,

and Urban Realities. Recognizing the extensive collaboration that informed the denitions

used in that report, we have also adopted them for purposes of this action plan.

Moreover, while the action plan uses dierent terminology, such as Indigenous partners,

organizations, groups, and representative organizations, the terms used are not meant to be

exclusionary. In keeping with the broad and inclusive consultation and cooperation approach,

further dialogue with Indigenous peoples will clarify any ambiguity.

Guiding principles

The following guiding principles are inspired from Indigenous partners’ written submissions

toward the action plan or other existing reports. These principles oer starting points to a

mutual understanding, and will continue to be co-developed with Indigenous partners as

we work toward the action plan’s future renewal.

Building on what has come before

This action plan has been informed by, builds upon and should be read in harmony with

the recommendations made by the Royal Commission on Aboriginal Peoples, the Truth

and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous

Women and Girls.

Consultation and cooperation

The UN Declaration Act mandates the Government of Canada to not only consult with

Indigenous peoples, but also cooperate with them. This means that Indigenous peoples have

the opportunity, including through their representative organizations, to participate in and to

positively inuence federal decision-making processes with adequate time and supported by

adequate resources.

Co-development

Co-development reects the highest end of the consultation and cooperation spectrum

and involves Indigenous peoples and the Government of Canada working together in good

faith through a substantive, collaborative, and consensus-based process to develop eective

solutions and advance UN Declaration implementation in a timely way.

Regional considerations

Implementation approaches will take into consideration region-specic knowledge and

realities, including consultation at the local and regional levels, to maximize action plan

measures’ positive impact across the country.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Inclusive and intersectional

The UN Declaration Act states that “measures to implement the UN Declaration in Canada

must take into account the diversity of Indigenous peoples and, in particular, the diversity

of the identities, cultures, languages, customs, practices, rights and legal traditions of

First Nations, Inuit and the Métis and of their institutions and governance structures, their

relationships to the land and Indigenous knowledge”.

The work of implementing the UN Declaration must also ensure, in all aspects and at

all stages, the intentional and meaningful inclusion of First Nations, Inuit and Métis,

Elders, youth, children, women, men, persons with disabilities, gender-diverse people

and two-spirit individuals, as well as those residing in urban/o-reserve areas. The specic

needs, experiences, identities, abilities, and knowledge of these populations will be

respected and taken into consideration with the aid of an inclusive and intersectional

approach that considers the principles of gender-based analysis plus (GBA+) as well

as the social determinants of intersecting identities.

First Nations, Inuit and Métis Elders and Knowledge Keepers are centrally important to the

health and continuity of distinct Indigenous cultures, knowledge, languages, laws, and many

other inter-related facets of self-determination. Respect for and particular attention to the

rights and unique contributions of Elders and Knowledge Keepers will be integral to fullling

many of the commitments set out in this action plan.

Progressive and transformative

Implementing the UN Declaration requires intentionally moving beyond existing ways

of doing things and work that is already underway. To be transformative and honour the

vision at the heart of the UN Declaration, this work must build on and exceed current eorts.

Measurable and accountable

Actionable and sustained UN Declaration implementation must include co-developed

accountability mechanisms and evaluation tools and frameworks that reect Indigenous

ways of knowing and understanding. This will help ensure that implementation is exible,

sustainable and adaptive to the evolving needs and priorities of Indigenous peoples. Regular

assessment and reporting must utilize clear and specic indicators and timelines that have

been co-developed with Indigenous peoples, and be supported by data collection and

reporting methods that prioritize Indigenous data governance and sovereignty.

Accessible

The language used in the action plan must be gender inclusive and in an accessible format

to maximize reach and promote inclusion.

Integrative and holistic

Action plan measures are considered co-dependent and interconnected and thus must

not be compartmentalized.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Chapter 1:

Shared priorities

As a preliminary note to this Chapter, Canada recognizes that the UN Declaration Act states

that “measures to implement the Declaration in Canada must take into account the diversity of

Indigenous peoples and, in particular, the diversity of the identities, cultures, languages, customs,

practices, rights and legal traditions of First Nations, Inuit and the Métis and of their institutions and

governance structures, their relationships to the land and Indigenous knowledge.”

Canada recognizes that while some priorities may be shared among First Nations, Inuit

and Métis, adopting a distinctions-based approach requires that Canada’s relationships and

engagement with First Nations, Inuit and Métis include dierent approaches or actions and

result in dierent outcomes. Canada also recognizes the importance of historic and modern

treaties in informing its relationships and approaches. Finally, Canada acknowledges the need

for sensitivity to the impacts that colonization and various forms of discrimination have had on

Indigenous identities and the ability of some Indigenous people to maintain their connections

to traditional lands, cultures, languages and communities.

Legislated priorities

Measures for ensuring that the laws of Canada

are consistent with the UN Declaration

The goal of this priority area is to ensure a Canada where:

• Respect for Indigenous rights is systematically embedded in federal laws and

policies developed in consultation and cooperation with Indigenous peoples

aected by them

The Government of Canada will take the following measures in consultation and cooperation

with Indigenous peoples:

1. Develop and implement a process and further direction for federal government

departments and agencies to ensure bills and proposed regulations are consistent with

the UN Declaration through measures such as:

• Building on initial interim guidance for assessing consistency of federal laws with the

UN Declaration (Justice Canada)

• Cabinet directives or mandatory assessment tools on consistency with the UN

Declaration (Privy Council Oce Treasury Board of Canada Secretariat)

• Other tools to advance the implementation of section 5 of the UN Declaration Act.

(Various departments)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

2. Identify and prioritize existing federal statutes for review and possible amendment,

including:

• A non-derogation clause in the Interpretation Act (Justice Canada)

• An interpretive provision in the Interpretation Act or other laws that provides for the

use of the UN Declaration in the interpretation of federal enactments (Justice Canada)

• Any other specic pieces of legislation either already under review or which

Indigenous peoples and relevant departments have jointly identied as a priority

for review. (All departments)

3. Where a statute requires periodic review, responsible departments will conduct

that review in a manner that ensures consistency with the UN Declaration and

meets applicable consultation and cooperation requirements in the UN Declaration

Act. (All departments)

Addressing injustices, prejudice, violence,

systemic racism and discrimination

The goal of this priority area is to ensure a Canada where:

• Indigenous peoples fully express and exercise their distinct rights, and enjoy living

in Canada without interpersonal, systemic and institutional interference, oppression

or other inequities associated with Indigenous-specic racism and discrimination,

wherever they reside.

The Government of Canada will take the following measures in consultation and cooperation

with Indigenous peoples:

4. Co-develop a comprehensive approach to combat anti-Indigenous racism in support

of Canada’s new Anti-Racism Strategy. (Canadian Heritage)

5. Provide program funding to support community-based initiatives to combat anti-Indigenous

racism. (Canadian Heritage)

6. Fully implement Joyce’s Principle and ensure it guides work to co-develop distinctions-

based Indigenous health legislation to foster health systems that will respect and ensure the

physical, mental and cultural safety and well-being of Indigenous peoples. Co-development

of the distinctions-based Indigenous health legislation will be undertaken with First Nations,

Inuit, Métis, intersectional partners, and provinces and territories to inform potential legislative

options. (Indigenous Services Canada)

7. Work with partners, including Indigenous organizations, health systems partners,

educational institutions and engage with provincial and territorial governments, to develop

a longer-term national approach to addressing anti-Indigenous racism in health systems

to support health equity and accessibility for Indigenous peoples. This work includes:

• Developing a longer-term national approach to improving access to culturally-safe

health services and integrating cultural and patient safety in health systems

• Introducing measures to increase accountability within health systems

• Support for and capacity building in health human resources.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

The longer-term approach will be informed by the ongoing National Dialogues, the

renewal of Canada’s Anti Racism Strategy, and the co-development of distinctions-based

Indigenous health legislation in order to fully implement Joyce’s Principle. (Indigenous

Services Canada, Health Canada)

8. Work with provinces and territories to improve fair and equitable access to quality

and culturally safe health services, including through seamless service delivery across

jurisdictions and meaningful engagement and work with Indigenous organizations

and governments. (Indigenous Services Canada, Health Canada)

9. Guided by the ndings of the Final Report of the National Inquiry into Missing and

Murdered Indigenous Women and Girls and the Métis-specic calls for Miskotahâ,

work to end systemic violence against Indigenous women, girls, and

gender-diverse people by:

• Continuing to implement the Federal Pathway to address the root causes

of violence against Indigenous women, girls, and 2SLGBTQI+ people

• Developing a comprehensive Violence Prevention Strategy to expand culturally

relevant gender-based supports for Indigenous women, children, families and

2SLGBTQI+ people facing gender-based violence

• Working in partnership with Indigenous peoples and organizations, as well as

provincial and territorial governments, and other partners to develop eective and

culturally-appropriate solutions for people seeking to escape abusive environments

including access to safe housing, shelters, counselling services, legal assistance and

healing projects, across the country including on reserve, in the north and in urban

areas. (Various departments)

10. Continue to inform the implementation of the National Action Plan to End Gender-Based

Violence (GBV), particularly Pillar 4, in conjunction with Indigenous peoples. The

National Plan to End GBV was launched in November 2022 and includes a pillar

specically on Indigenous-led approaches that is complementary to and aligned with

the 2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People

National Action Plan. Pillar 4 recognizes the importance of preventing and addressing

GBV against Indigenous women, girls, and 2SLGBTQI+ people through Indigenous-led,

gender-based approaches. (Various departments)

11. Implement Pillar 3 of the Federal 2SLGBTQI+ Action Plan, “Support Indigenous 2SLGBTQI+

Resilience and Resurgence,” focusing on advancing rights and equality of Indigenous

2SLGBTQI+ people through collaboration and cooperation with Indigenous peoples and

national Indigenous organizations, governments, and representative institutions, while

recognizing distinct cultural approaches to identity. (Various departments)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

12. Partner with Indigenous communities and organizations, industry, other federal

departments and provinces and territories to develop and implement a strategy to:

• Increase safety and security of Indigenous women, girls and 2SLGBTQI+ people

at all stages of resource project development

• Empower Indigenous women, girls and 2SLGBTQI+ people to inuence and equitably

benet from resource development through increased participation across disciplines

and occupations, leadership positions and throughout the supply chain

• Partner and pathnd with other federal departments to identify whole of government

responses to mitigate the impacts of resource development projects on Indigenous

women, girls and 2SLGBTQI+ peoples. (Natural Resources Canada)

13. Ensure that federal laws comprehensively protect Indigenous women, girls and

2SLGBTQI+ individuals from coerced sterilizations. (Justice Canada)

Promoting mutual respect and understanding as

well as good relations, including through human

rights education

The goal of this priority area is to ensure a Canada where:

• All peoples and sectors of Canadian society respect the diversity and distinctiveness

of Indigenous peoples and their inherent, constitutional and human rights and there

are systems, structures and processes that uphold those human rights.

The Government of Canada will take the following measures in consultation and cooperation

with Indigenous peoples:

14. Develop and implement foundational training co-created by Indigenous subject matter

experts, including with the Canada School of Public Service, for federal public servants

that will build fundamental understanding and competence about the history, rights and

title of Indigenous peoples, treaties, the UN Declaration, the UN Declaration Act, the

dynamics of respectful relations, Indigenous-specic systemic racism, and meaningful

reconciliation. (Justice Canada and various departments)

15. Create an Intercultural Learning Strategy that utilizes consultation with both internal

and community stakeholders to inform the review, procurement, promotion, design

and delivery of learning products to promote intercultural competence in all aspects of

learning. (Royal Canadian Mounted Police)

16. Encourage federally regulated employers to work in partnership with their employees and

Indigenous organizations and groups to ensure workplaces and practices are equitable and

inclusive, while raising awareness of Indigenous culture and issues. This work is to be done

in a manner that is measurable. (Employment and Social Development Canada)

17. Work with the National Judicial Institute to explore options for the provision of training on

the UN Declaration to the judiciary. (Justice Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

18. Develop and distribute, in collaboration with Indigenous educational organizations,

museums and other organizations, as appropriate, educational materials to inform

non-Indigenous Canadians on the UN Declaration and the human rights of Indigenous

peoples. (Justice Canada and various departments)

Ensuring oversight and accountability on

the implementation of the UN Declaration

The goal of this priority is a Canada where:

• Indigenous peoples can expect and trust that the Government of Canada will

honourably fulll all of its legislated (including under the UN Declaration Act),

common law, duciary and constitutional obligations and responsibilities.

• Indigenous peoples can easily access processes and mechanisms to ensure

accountability on the part of the Government of Canada in meeting the objectives

of the UN Declaration and upholding Indigenous title and rights.

The Government of Canada will take the following measures in consultation and cooperation

with Indigenous peoples:

19. Establish an independent Indigenous rights monitoring, oversight, recourse or remedy

mechanism or mechanisms to provide Indigenous peoples with access to and prompt

decision through just and fair procedures for dispute and conict resolution and eective

remedies for infringements/violations of their individual and collective rights.

Functions could also include:

• Advancing, monitoring and/or reporting on implementation of the UN Declaration

and the UN Declaration Act, as part of ensuring accountability

• Promoting Indigenous rights through research and education

• Advancing initiatives to prevent and end systemic discrimination and other human

rights violations experienced by Indigenous peoples

• Contributing to the goal of rebuilding Indigenous governance and ongoing

implementation of international human rights instruments in Canadian law.

Any Indigenous rights mechanism or mechanisms will:

• Be Indigenous-led and include representation from First Nations, Inuit and Métis

and equitably reect gender and other diversity

• Be distinctions-based by reecting the distinct rights, interests and circumstances

of First Nations, Inuit and Métis

• Be informed by the customs, traditions, rules, and legal systems and legal

understandings of Indigenous peoples and international human rights

• Be accessible and easy to use for Indigenous peoples

• Be appropriately resourced

• Be complementary and not duplicative of other monitoring, oversight and dispute

resolution mechanisms. (Justice Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Monitoring the implementation of the Action Plan

and reviewing and amending the Action Plan

The Government of Canada will take the following measures in consultation and cooperation

with Indigenous peoples:

20. Publicly report on progress in an annual report to Parliament and work to ensure coordinated

and comprehensive monitoring of implementation of the action plan across existing and new

bodies that may be created. (Justice Canada)

• Include in the UN Declaration Act Annual Report on implementation a section

describing progress towards dismantling the Indian Act and recognizing the self-

determination of Indigenous nations, as well as monitoring and evaluating the

application and outcomes of GBA+. (Crown-Indigenous Relations and Northern

Aairs Canada, Justice Canada and various departments)

• Coordinate for the UN Declaration Act Annual Report the comprehensive reporting of

the actions taken in consultation and cooperation with Indigenous peoples pursuant to

section 5 by each relevant federal department and agency. (Justice Canada)

• Develop metrics with Indigenous peoples and representative organizations to ensure

that useful measurements are being reported on. (Justice Canada)

21. Co-develop and implement a process to review and update the action plan every ve

years, and a process for making amendments to the action plan. (Justice Canada)

22. Establish an Action Plan Advisory Committee (APAC) that will include First Nations, Inuit,

and Métis experts selected by First Nations governments and representative institutions,

Métis governments and representative institutions and by Inuit Treaty Organizations,

or their designates, to provide support and advice, upon request, related to the

implementation of shared priorities included in this action plan.

Advice from the APAC will be considered as the Minister, in consultation and cooperation

with Indigenous peoples and with other federal ministers, implements the shared

priorities in this action plan. (Justice Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Cross-cutting priorities

Self-determination, self-government and

recognition of treaties (articles 3, 4, 37)

The goal of this priority area is to ensure a Canada where:

• Indigenous peoples exercise and have full enjoyment of their rights to self-determination

and self-government, including developing, maintaining and implementing their own

jurisdiction, laws, governing bodies, institutions and political, economic and social

structures related to Indigenous communities.

• Treaties, agreements and other constructive arrangements with Indigenous peoples

are armed and fully implemented.

• Colonial laws, policies and practices that have interfered with Indigenous peoples’

self-government are repealed or amended.

• Legal pluralism in Canada recognizes and reects Indigenous legal orders. Recognition

of the inherent jurisdiction and legal orders of Indigenous nations is therefore the starting

point of discussions aimed at interactions between federal, provincial, territorial, and

Indigenous jurisdictions and laws.

• Indigenous governments, like any order of government, have access to ongoing, long-

term and stable scal mechanisms and revenues to full their roles and responsibilities

as governments, and ensure their citizens’ wellbeing and ability to thrive.

The Government of Canada will take the following actions in consultation and cooperation

with Indigenous peoples:

23. Canada will withdraw the Comprehensive Land Claims and Inherent Right Policies and

will issue a public statement that claries Canada’s rights recognition approach, including

identifying laws and policies that guide the negotiation of treaties, agreements and other

constructive arrangements. The public statement will include that the extinguishment of

rights is not a policy objective. (Crown-Indigenous Relations and Northern Aairs Canada)

24. Remove and address jointly identied barriers to settlement, and co-develop approaches

for the implementation of the right to self-determination through treaties, agreements

and other constructive arrangements, as well as through new policies and legislative

mechanisms. (Crown-Indigenous Relations and Northern Aairs Canada)

25. Consistent with article 37 of the UN Declaration, honourably implement historic

and modern treaties, self-government arrangements, agreements and constructive

arrangements – see specic measures found in subsequent chapters. (All departments)

26. Co-develop, in cooperation with Self-Governing Arrangement Holders, solutions to

policy impediments impacting the implementation of stand-alone self-government

agreements/arrangements and work to resolve them through appropriate actions and

mechanisms. (Crown-Indigenous Relations and Northern Aairs Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

27. Engage with partners on the co-development of a Service Transfer Policy Framework.

The purpose of the Framework would be to jointly advance the transfer of responsibility

for the design, delivery and management of services from Indigenous Services Canada

to Indigenous partners. (Indigenous Services Canada)

28. Increase access to justice for Indigenous peoples, strengthen communities and advance

self-determination by:

• Finalizing an Indigenous Justice Strategy, in consultation and cooperation with Indigenous

partners, provinces and territories, that will provide the framework for concrete actions to

address systemic discrimination and the overrepresentation of Indigenous people in the

Canadian justice system (Justice Canada and various departments)

• Providing on-going support for community-led work and initiatives related to

revitalization and enforcement of Indigenous laws and legal orders. (Justice Canada,

Public Safety Canada, and various departments)

29. Continue to implement the Act respecting First Nations, Inuit and Métis children, youth

and families which arms the inherent right of self-government, including jurisdiction

in relation to child and family services, and sets minimum standards in relation to the

delivery of culturally appropriate and Indigenous led services with the aim to reduce

the number of Indigenous children in care and ensure they remain connected to their

families, communities and culture. (Indigenous Services Canada)

30. Continue to support Indigenous Data Sovereignty and Indigenous-led data strategies

through legislative, regulatory and policy options to help ensure that First Nations, Inuit,

and Métis have the sucient, sustainable data capacity they need to control, manage,

protect, and use their data to deliver eective services to their peoples, tell their own

stories, participate in federal decision-making processes on matters that impact them,

and realize their respective visions for self-determination. This should include nation-to-

nation, Inuit-Crown, and government-to-government approaches to streamline timely

sharing and access to federal data and information holdings with Indigenous partners,

while respecting the privacy of individuals. This will support Indigenous jurisdiction

over their data, and enable Indigenous-led survey and other data collection strategies,

such as for the purpose of processing claims; facilitating decision-making; and for

genealogical research. (Indigenous Services Canada, Treasury Board of Canada

Secretariat, Library and Archives Canada, and various departments)

31. Building on ongoing policy and program renewal, the Government of Canada will work in

collaboration with Indigenous partners to identify opportunities to reform and strengthen

the foundational elements that support rights-based negotiations and approaches. This

collaborative work may include a review of program administration, capacity support,

funding, and delivery models, including the management of the process for determination

of section 35 rights. (Crown-Indigenous Relations and Northern Aairs Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Lands, territories and resources

(articles 10, 26, 27, 28, 30, 32)

The goal of this priority area is to ensure a Canada where:

• Indigenous peoples exercise and have full enjoyment of their inherent rights, including

the right to own, use, develop and control lands and resources within their territories.

• Indigenous jurisdiction over lands and resources is fully exercised and respected,

including through processes for harmonization where necessary.

• The Government of Canada fully respects Indigenous title and rights, and the sacred

relationship and responsibilities of Indigenous peoples to their lands, waters and

resources, including through its laws, policies and practices.

The Government of Canada will take the following actions in consultation and cooperation

with Indigenous peoples:

32. Develop guidance on engaging with Indigenous peoples on natural resources projects,

including in collaboration with provinces, territories, and industry, that:

• Aligns with the UN Declaration, including article 32(2), which calls for consultation and

cooperation in good faith with the Indigenous peoples concerned in order to obtain

free, prior and informed consent, prior to the approval of any project aecting their

lands or territories and other resources

• Provides practical recommendations for successful free, prior and informed consent

implementation (including in situations where multiple regulatory processes are

involved) consistent with the outcome(s) of action plan measure 66

• Supports the integration of specic, localized knowledge held by Indigenous peoples

in the design and governance of projects

• Informs improved and enhanced engagement processes with Indigenous peoples on

natural resources projects. (Various departments)

33. Develop and implement actions to increase the economic participation of Indigenous peoples

and their communities in natural resource development. (Natural Resources Canada)

34. Work in consultation and cooperation with First Nation, Métis and Inuit communities,

governments and organizations to (i) enhance the participation of Indigenous peoples in,

and (ii) set the measures that could enable them to exercise federal regulatory authority

in respect of, projects and matters that are currently regulated by the Canada Energy

Regulator (CER).

Steps to achieve these objectives include to:

• Develop regulations respecting the Minister of Natural Resource Canada’s power

to enter into arrangements that would enable Indigenous governing bodies to be

authorized to exercise specic powers, duties and functions under the Canadian

Energy Regulator Act.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

• Amend the Canadian Energy Regulator Onshore Pipeline Regulations and Filing

Manuals applicable to the lifecycle (design, construction, operation and abandonment)

of CER-regulated infrastructure, in a manner that:

o incorporates specic localized knowledge held by Indigenous peoples,

as well as Indigenous laws, policies, practices, protocols, and knowledge

o strengthens measures to prevent and address impacts to Indigenous

rights and interests, including in relation to heritage resources and sites of

Indigenous signicance.

• Develop a systemic model to enhance Indigenous peoples’ involvement in

compliance and oversight over the lifecycle (design, construction, operation

and abandonment) of CER-regulated infrastructure. The model should integrate

learnings from existing structures and relationships.

• Consult and cooperate to identify and take the measures needed to support

Indigenous governing bodies, and/or the potential establishment of new Indigenous

decision-making institutions, to exercise regulatory authority on projects and matters

regulated by the Canada Energy Regulator, including:

o Co-develop with First Nation, Métis and Inuit communities, governments and

organizations and relevant federal departments and regulators the mandate

of such bodies or institutions, as well as the mechanisms required

for empowering them with certain regulatory authorities

o Identify the actions and allocate the resources required to further develop

capacity and expertise for the exercise of regulatory authority by such bodies

or institutions.

This work could lead to other federal departments, regulators or institutions, similarly

working in consultation and cooperation with First Nation, Métis and Inuit communities,

governments and organizations, to:

• enhance the participation of Indigenous peoples

• set the measures that could enable them to exercise regulatory authority,in respect

of federally regulated natural resource projects. (Natural Resources Canada, Canada

Energy Regulator)

35. Indigenous peoples exercise harvesting rights (for example, by hunting, trapping,

gathering and shing) in the majority of lands, waters and ice administered by Parks

Canada, as they have for millennia. To implement Indigenous peoples’ rights and

responsibilities for lands, waters, and ice, and advance the requirements of section 5

of the UN Declaration Act, Parks Canada will enable harvesting by Indigenous peoples

within heritage places where barriers remain. This will be accomplished through the

co-development of legislative amendments and policy initiatives that respect section 35

rights, such as stewardship agreements that align with Indigenous laws and protocols,

support access and enhance roles of Indigenous Guardians, including enforcement.

This work will be coordinated with other action plan measures and include cultural

competency training for Parks Canada employees to reinforce understanding of

Indigenous rights and responsibilities. Work will be undertaken in collaboration with

federal government departments with overlapping mandates and authorities, as required.

(Parks Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

36. Pursue amendments and reforms to sheries legislation, regulation, or policies to support

self-determination and the meaningful implementation and exercise of Indigenous shing

rights, including Aboriginal and treaty rights. (Fisheries and Oceans Canada)

37. In a manner that is measurable, enhance collaborative tools agreements and transparent

approaches to better deliver on the collaborative design, development, delivery and

management of sheries, as well as conservation and protection of sh habitat. Fisheries and

Oceans Canada and Crown-Indigenous Relations and Northern Aairs Canada will continue

to pursue sheries-related collaborative governance opportunities through nation-to-nation,

Inuit-Crown and government-to-government negotiations. (Fisheries and Oceans Canada)

38. Provide predictable and exible funding that will ensure Indigenous partners have the

capacity to provide sheries, habitat, science, and oceans and marine-related services.

Provide predictable and exible funding to ensure Indigenous nations and organizations

have the capacity to meaningfully participate in advisory, co-management, and decision-

making processes tied to aquatic resources and oceans management. (Fisheries and

Oceans Canada)

39. Develop and implement legislative, policy, or program supports, as well as provide

predictable and exible funding, to ensure sheries guardians can meet community

needs. (Fisheries and Oceans Canada)

40. Develop and employ mechanisms that respect and incorporate Indigenous Knowledge

as a distinct knowledge system in the management of sheries, sh habitat, conservation,

marine safety and protection of the marine environment. (Fisheries and Oceans Canada)

41. Through meaningful consultation and collaboration and partnerships with Indigenous

groups and British Columbia and Yukon partners, Fisheries and Oceans Canada will

implement the Pacic Salmon Strategy Initiative to protect and revitalize salmon

populations and their habitats. (Fisheries and Oceans Canada)

42. Through meaningful consultation and collaboration and partnerships with Indigenous

governments, organizations, communities and other partners, advance marine

Indigenous Protected and Conserved Areas to support Canada’s commitments to

reconciliation and marine conservation. (Fisheries and Oceans Canada)

43. Establish eective mechanisms and processes to address systemic racism in the

enforcement of sheries laws and regulations. (Fisheries and Oceans Canada)

44. Pursue the development of national aquaculture legislation that will support self-

determination and the meaningful implementation of Aboriginal and treaty rights.

(Fisheries and Oceans Canada)

45. Co-develop frameworks, mechanisms, processes and policy approaches that assist

the Department of National Defence and the Canadian Armed Forces in aligning its

programs and activities with article 30 and other relevant articles of the UN Declaration.

(Department of National Defence and Canadian Armed Forces)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Environment (article 29)

The goal of this priority area is to ensure a Canada where:

• Indigenous peoples enjoy the right to a healthy natural environment with Indigenous

ways of knowing incorporated into the protection and stewardship of lands, waters,

plants and animals.

• Indigenous peoples play a central role on biodiversity conservation, water and

environmental conservation, and climate change action planning, policy development

and decision-making.

• Self-determined climate action is supported as critical to advancing Canada’s

reconciliation with Indigenous peoples.

The Government of Canada will take the following actions in consultation and cooperation

with Indigenous peoples:

46. Together with First Nations, Inuit, and Métis, advance an Indigenous Climate Leadership

Agenda, including distinctions-based strategies, that vests the resources and authorities

necessary for Indigenous peoples to fully exercise their right to self-determination on

climate. This includes ensuring that First Nations, Inuit, and Métis peoples have stable,

long-term nancing to implement their climate actions, make climate related-decisions

with the Government of Canada, and that systemic barriers to Indigenous climate

leadership are addressed. (Crown-Indigenous Relations and Northern Aairs Canada

and Environment and Climate Change Canada)

47. Continue to support Indigenous leadership in conservation through initiatives such as

Indigenous Guardians, Indigenous Partnerships Initiative and Indigenous-Led Area Based

Conservation that will provide capacity support until 2026, as well as the Project Finance

for Permanence. (Environment and Climate Change Canada)

48. Build on important work that has already occurred, to recognize, elevate, and incorporate

Indigenous science into Environment and Climate Change Canada scientic inquiry by

continuing to stand up the new Indigenous Science Division, established in 2022, to

bridge, braid, and weave Indigenous science with western science to inform Environment

and Climate Change Canada’s science, policy, and program decision making.

(Environment and Climate Change Canada)

49. Create a Canada Water Agency and advance the modernization of theCanada Water

Actto reect Canada’s freshwater reality, including climate change and Indigenous rights.

(Environment and Climate Change Canada)

50. Monitor the implementation of the 2022-26 Federal Sustainable Development Strategy

and in developing a new strategy for 2026, through their engagement in the Minister’s

Sustainable Development Advisory Council as well as other consultative methods.

Involvement of Indigenous peoples is a core principle of the Federal Sustainable

Development Act. The 2022-2026 Federal Sustainability Development Strategy includes

perspectives from members of National Indigenous Organizations, a commitment to

report on the implementation of the UN Declaration Act, and to take a wide range of actions

in support of First Nations, Inuit, and Métis. (Environment and Climate Change Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

51. The Impact Assessment Agency will implement the Impact Assessment Act (IAA) in a way

that aligns with the objectives and spirit of the UN Declaration. This includes, but is not

limited to:

• Carrying out impact assessments in a manner that emphasizes the need to seek free,

prior, and informed consent

• Maximizing Indigenous collaboration and partnership, including the advancement of

regulations to enable agreements under p.114(1)(d) and (e) of the IAA

• Early, consistent, and meaningful engagement and participation through all phases of

impact assessment

• Respect for Indigenous rights, culture and jurisdiction

• Mandatory consideration of Indigenous Knowledge in impact assessment

• Continually building Crown-Indigenous relations

• Supporting Indigenous capacity in impact assessment

• Consideration of health, social and economic factors, including impacts to women,

youth and Elders

• Consideration of any cumulative eects that are likely to result from a designated

project in combination with other physical activities that have been or will be carried

out. (Impact Assessment Agency of Canada)

Civil and political rights

(articles 6, 7, 9, 17, 33, 35, 36)

The goal of this priority is to ensure a Canada where:

• Indigenous people enjoy equal respect and protection of their civil and political rights.

• Indigenous peoples enjoy their right to maintain and develop contacts, relations and

cooperation, including activities for spiritual, cultural, political, economic and social

purposes, with their own members as well as other peoples across borders.

The Government of Canada will take the following actions in consultation and cooperation

with Indigenous peoples:

52. Pursue legislative amendments to the Immigration and Refugee Protection Act, amendments

to relevant Regulations and revisions to policies in order to address complex border crossing

and migration challenges faced by Indigenous peoples divided by Canada’s international

borders, including options to amend Canada’s right of entry provision, and work and study

permit requirements.

Engagement with Indigenous peoples and their representative organizations to implement

the action plan measure is being initiated in 2023, with a view to advancing amendments

and policy reforms in 2024. In parallel, the Government of Canada will continue discussions

with international partners on Indigenous border crossing issues. (Canada Border Services

Agency and Immigration, Refugees and Citizenship Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

53. Respond to the Supreme Court of Canada’s decision in R. v. Desautel

by undertaking

exploratory discussions with section 35 rights holders to contribute to addressing the

impacts of colonialism on Indigenous groups aected by international borders. (Crown-

Indigenous Relations and Northern Aairs Canada)

54. Leveraging the First Nations and Inuit Policing Program (FNIPP), engage and work

with Indigenous communities and provinces and territories on approaches to enhance

policing services that are professional, dedicated and responsive to First Nation and

Inuit communities, with a focus on supporting:

• Culturally responsive policing in First Nation and Inuit communities

• Self-administered policing in First Nation communities

• Expansion of the FNIPP to additional First Nation and Inuit communities

• Operational needs for current FNIPP communities. (Public Safety Canada)

55. Explore community-based approaches to public safety in Indigenous communities by

supporting the implementation, and assessing the eectiveness, of Community Safety

Ocer Pilot projects approaches to help meet community safety needs of Indigenous

communities. (Public Safety Canada)

56. Through the National Strategy to Combat Human Tracking, continue to invest in trauma-

informed and culturally relevant community-based projects and support the Canadian

Centre to End Human Tracking and its hotline. (Public Safety Canada)

57. Through the National Crime Prevention Strategy’s Northern and Indigenous Crime

Prevention Fund, continue to invest in Indigenous-led crime prevention strategies

and community services. (Public Safety Canada)

58. Through the Aboriginal Community Safety Planning (CSP) Initiative, continue to:

• support Indigenous-led eorts and community-based solutions that identify and

address the unique safety and wellbeing priorities of Indigenous communities in an

holistic and culturally relevant manner through the creation of community safety plans

• support Indigenous rights, including rights to self-determination and self-government,

by seeking community-informed and full consent before beginning the CSP process

which is foundational to its success

• support capacity building within Indigenous communities as they deliver projects they

have identied as a priority

• support action to address violence against Indigenous women and girls. (Public

Safety Canada)

59. Through the National Oce of Investigative Standards and Practices within the Royal

Canadian Mounted Police, continue to coordinate and provide oversight for high-prole

and major case investigations, with a portion of the work dedicated to Indigenous

women, girls, and 2SLGBTQI+ people who are overrepresented as victims of crime in

Royal Canadian Mounted Police jurisdictions. (Royal Canadian Mounted Police)

1 R. v. Desautel, 2021 SCC 17.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

60. Correctional Service of Canada will continue to:

• Reduce the disproportionate Indigenous population in correctional facilities

through consultation, education, funding and cooperation for policing and

restorative justice initiatives

• Expand existing Section 81 Healing Lodge capacity, identify geographical gaps to

capitalize on developing additional Healing Lodges and revisit communities that

previously expressed interest in a Section 81 Healing Lodge

• Provide eective, culturally competent, and non-discriminatory interventions and

reintegration support for Indigenous oenders

• Provide programs, policies and practices designed to respect gender, ethnic,

cultural, and linguistic dierences and are responsive to the special needs

of Indigenous oenders

• Work in collaboration with northern communities and Inuit stakeholder in shaping

the Anijaarniq Strategy to address the needs of Inuit oenders to support successful

reintegration into their home communities

• Promote the Indigenous Oender Reintegration Contribution and review

existing proposals to assist in meeting the reintegration and healing needs

of Indigenous oenders

• Provide employment and employability on-the-job and vocational training

to Indigenous oenders through CORCAN

• Actively participate in whole of government and pan-Canadian initiatives, such

as the Indigenous Justice Strategy and the Federal Framework to Reduce Recidivism

• Communicate with the peoples who have been harmed by crime and give them

the opportunity to communicate with the oender who harmed them through

the Correctional Service of Canada’s Restorative Opportunities

• Collaborate with the Learning and Development Branch of Correctional Service of

Canada to formally educate sta about Indigenous peoples

• Proactively incorporate the requirement to consider Indigenous Social History as part

of its decision-making framework. (Correctional Service of Canada)

61. Support the safe and successful reintegration of Indigenous people in the criminal justice

system into the community by:

• Looking to reduce overrepresentation of Indigenous people in the criminal justice

system by supporting rehabilitation and safer communities (including through

culturally appropriate interventions), through the Federal Framework to Reduce

Recidivism

• Collaborating with stakeholders to provide tailored supports for community

reintegration

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

• Continuing to invest in Indigenous-led community corrections programming, through

the Indigenous Community Corrections Initiative, to address the overrepresentation

of Indigenous people in corrections and the criminal justice system by supporting

community-led alternatives to custody and reintegration projects responsive to the

unique circumstances of Indigenous people in Canada

• Continuing to support culturally-appropriate programs, led and designed by

Indigenous organizations, to ensure appropriate attention and accountability towards

Indigenous issues in the correctional systems and addressing overrepresentation of

Indigenous oenders (particularly women). (Public Safety Canada)

62. Support Indigenous people during the conditional release process by continuing to:

• Provide training to sta and Board members of the Parole Board of Canada (PBC) to

support cultural competency, including Indigenous Cultural Responsiveness Training

• Oer culturally adapted hearing processes to increase responsivity to the needs

of Indigenous people and non-Indigenous people who have demonstrated a

commitment to an Indigenous way of life through the involvement of Elders and

Cultural Advisors and the Indigenous community at PBC hearings

• Reect in policy the requirement for Board members to consider social history

factors in every decision taken involving an Indigenous oender, and to demonstrate

consideration of those factors in their reasons for decision where applicable

• Reect in policy the requirement for Board members to consider culturally

appropriate community alternatives in decision-making for Indigenous peoples.

(Parole Board of Canada)

63. Establish a federally-led working group in 2023 on Indigenous emergency management

comprised of federal senior ocials, national Indigenous organization leaders and

provincial and territorial representatives. (Public Safety Canada)

64. In order to protect the safety and security of First Nations, Inuit and Métis and their

right and ability to exercise self-determination and self-governance in matters with a

nexus to national security, Canada will share information to support decision-making.

The information shared will be unclassied and/or classied when appropriate security

clearances are in place. (Canadian Security Intelligence Service)

65. Continue to work collaboratively with Indigenous partners throughout the development

and implementation of rearms legislation and related initiatives to ensure consistency

with the UN Declaration, and to identify potential unintended impacts to Section 35 rights

in its implementation. (Public Safety Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Participation in decision-making

and Indigenous institutions

(articles 5, 18, 19, 34)

The goal of this priority is to ensure a Canada where:

• Indigenous peoples enjoy and exercise the right to participate in decision-making

in all matters that aect them.

• Indigenous peoples, governments, industry and other implicated sectors develop

a shared understanding of the objectives of, and when and how to seek Indigenous

peoples’ free, prior and informed consent.

The Government of Canada will take the following actions in consultation and cooperation

with Indigenous peoples:

66. Develop coordinated, whole-of-government approaches to the implementation of the

right to participate in decision-making related to legislative, policy and program initiatives,

consistent with the UN Declaration, including articles 18 and 19, which could include:

• Elements to ensure relevant processes respect and reect consultation and cooperation

with aected Indigenous peoples to obtain their free, prior and informed consent

• Measures to address barriers to full and eective participation by Indigenous peoples,

including, for example, in relation to access to information and capacity supports

• Identifying and pursuing potential legislative changes and changes to Government of

Canada decision making practices and processes to implement the right to participate

in decision-making

• Providing guidance on identifying Indigenous representative institutions for the purposes

of implementing the right to participate in decision-making. (Various departments)

67. Work with Indigenous partners to ensure co-development of legislation, policies,

programs, regulations and services furthers the right of Indigenous peoples to self-

determination, led by priorities and strategies determined and developed by Indigenous

peoples, and that co-development processes result in initiatives that comply with

Indigenous rights and advance Indigenous priorities. This includes advancing concrete

measures co-developed under the permanent bilateral mechanisms process such as

the Inuit Nunangat Policy and distinctions-based co-development principles. (Crown-

Indigenous Relations and Northern Aairs Canada and various departments)

68. Strengthen Indigenous peoples’ participation in decision-making through an improved

whole-of-government approach to consultation and accommodation which is aligned

with the UN Declaration by:

• Co-developing consultation arrangements with Indigenous partners that establish

agreed-upon duty to consult and engagement processes, in a manner that is

consistent with self-determination objectives and free, prior and informed consent

• Co-developing information on Aboriginal and treaty rights through a system newly

co-managed with Indigenous partners

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

• Establishing a permanent Indigenous advisory committee to guide the federal approach

to consultation and to explore considerations for an Indigenous-managed consultation

capacity support fund. (Crown-Indigenous Relations and Northern Aairs Canada)

69. Utilizing a gender-based lens, develop a strategic and holistic approach to implementing

relationship agreements with Indigenous Women’s Organizations to ensure the equality

rights of Indigenous women, including First Nations, Inuit, and Métis women. The

agreements support these organizations’ ability to advocate for Indigenous women’s

rights, dene their own priorities, and partner with federal government departments to

ensure programs, policies, and legislation respect/uphold Indigenous women’s distinct

rights and gendered needs. (Crown-Indigenous Relations and Northern Aairs Canada)

70. Increase the ability of grassroots organizations to bring forward the interests

and perspectives of Indigenous women’s and 2SLGBTQI+ grassroots organizations’

voices to inuence the development of federal policy, programs, and legislation.

(Crown-Indigenous Relations and Northern Aairs Canada)

71. Strengthen Indigenous engagement by improving bilateral mechanisms with Indigenous

partners, improve linkages between federal/provincial/territorial ocials and Indigenous

representatives across public health and health care systems and better align the Health

Portfolio and Indigenous Services Canada on strategic direction. (Health Canada, Public

Health Agency of Canada, Indigenous Services Canada)

72. Co-develop with First Nations, Inuit, and Métis right holders or their national designates

distinctions-based, whole of government policy guidelines on fully and eectively

engaging Indigenous peoples on international issues aecting them, with a commitment

to explore the development of policy in specic areas where appropriate. This work

will seek to enhance the participation of Indigenous peoples in decision-making on

matters which would aect their rights and to advance Canada’s contribution to the

work of the entities of the UN system and other intergovernmental organizations in their

implementation of article 41. (Global Aairs Canada)

73. Centralize review of policy and program documents to ensure UN Declaration

Act engagement principles with Indigenous peoples are respected and

maintained. (Canadian Heritage)

Economic, health and social rights

(articles 20, 21, 22, 23, 24)

The goal of this priority is to ensure a Canada where:

• Indigenous peoples are supported by initiatives that promote connection,

development, access and improvement, as well as full participation in all aspects

of Canada’s economy.

• Indigenous peoples are healthy, adequately housed and safe.

The Government of Canada will take the following actions in consultation and cooperation

with Indigenous peoples:

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

74. Building on the work from the National Indigenous Economic Development Board

Report on Economic Reconciliation, as well as the First Nations Financial Management

Board’s Roadmap Project and the National Indigenous Economic Strategy, advance

economic reconciliation through engagement on key aspects for Indigenous economic

development such as initiating discussions on an Indigenous-led investment and nancial

asset management regime, and address persistent economic barriers for Indigenous

businesses and communities, including the impacts of colonization and inequitable

policies. (Indigenous Services Canada and various departments)

75. Ensure that the unique dierences in how poverty is experienced among First Nations,

Inuit, and Métis are recognized in the design and delivery of Government of Canada

programs, policies, and services by fullling the commitment outlined by the Poverty

Reduction Strategy to work with National Indigenous Organizations and others to identify and

co-develop indicators of poverty and well-being, including non-income-based measures of

poverty, that reect the multiple dimensions of poverty and well-being experienced by First

Nations, Inuit and Métis. (Employment and Social Development Canada)

76. Strengthen relationships with Indigenous communities through outreach activities to

increase access to Government of Canada benets and programs, including Employment

Insurance, Canada Pension Plan, Old Age Security and Social Insurance Numbers.

(Employment and Social Development Canada)

77. Increase Indigenous women’s entrepreneurship to reduce socio-economic inequity

between Indigenous and non-Indigenous populations and between Indigenous men

and women; and support self-determinationand economic reconciliation. (Indigenous

Services Canada and various departments)

78. Advance discussions on the participation of Indigenous peoples in the gaming industry

and in its regulation across Canada, collaboratively with Indigenous, provincial and

territorial partners. (Justice Canada)

79. Award a minimum of 5% of the total value of all federal contracts to Indigenous

businesses. (Public Service and Procurement Canada)

80. Co-develop a new and more holistic long-term and continuing care framework, that is

culturally appropriate, gendered, safe and accessible to Indigenous peoples is crucial

in helping to improve the quality of aging and health outcomes. The Government of

Canada anticipates the distinctions-based co-developed long-term care framework to be

nalized by 2025. (Indigenous Services Canada)

81. Improve health equity through access to culturally-appropriate health and wellness

services and support for holistic approaches to healing, including community-based,

land-based, culturally relevant and trauma informed mental health services addressing –

among other things – suicide and addictions crises. (Indigenous Services Canada)

82. Collaborate with Indigenous representative organizations on a palliative and end of

life care framework, that is culturally appropriate, safe, and accessible for Indigenous

peoples. (Health Canada)

83. Collaborate with Indigenous representative organizations on Medical Assistance in

Dying policy so that it respects and considers Indigenous knowledge and views on

death. (Health Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

84. Continue to support Friendship Centres and other urban Indigenous organizations and

coalitions in their work to identify and address local needs and priorities of urban/o

reserve Indigenous peoples in a manner that is safe, secure, accessible and culturally-

relevant. (Indigenous Services Canada)

85. Ensure that the equality rights of Indigenous persons with disabilities are respected in

the design and delivery of Government of Canada programs, policies, and services. The

Government of Canada will work with Indigenous communities and their representatives

on the realization of the United Nations’ Convention on the Rights of Persons with

Disabilities. This includes seeking concrete data solutions to better understand the

socio-economic situation of Indigenous persons with disabilities. The Government of

Canada will also work with and fund Indigenous representative organizations and/or

communities through existing programs, such as the Social Development Partnership

Program (Disability), to support the implementation of the Convention.(Employment and

Social Development Canada)

86. Support the right of Indigenous peoples to self-determination and food sovereignty

according to their own priorities through the provision of long-term and exible funding

to strengthen access to traditional foods and local food systems, including – but not

limited to – expanding the Harvesters Support Grant and Community Food Programs

Fund. (Crown-Indigenous Relations and Northern Aairs Canada)

87. Support Indigenous peoples’ food security, sovereignty and sustainability through:

• Funding and other program measures

• Promoting food-focused research to better understand the intersection of Indigenous

peoples’ food security, sovereignty and sustainability

• Promoting trade in Indigenous peoples’ food products and removal of barriers to that

trade. (Agriculture and Agri-Food Canada)

88. When people have access to safe and aordable housing, they are more economically

secure, healthier, and see brighter futures for themselves and their families. While

the National Housing Strategy prioritizes Indigenous and northern housing projects,

signicant gaps exist in addressing the housing needs of Indigenous peoples living

in urban, rural and northern areas. The Government of Canada is committed to

implementing a co-developed Urban, Rural and Northern Indigenous Housing Strategy

with Indigenous partners. The Urban, Rural and Northern Indigenous Housing Strategy

will complement the three existing distinction-based housing strategies: First Nations

Housing and Related Infrastructure Strategy, the Inuit Nunangat Housing Strategy

and the Canada-Métis Nation Housing Sub-Accord. (Canada Mortgage and Housing

Corporation and Indigenous Services Canada)

89. Work with partners and Indigenous organizations on mental health promotion

programming and prevention initiatives, including using distinctions-based approaches

where feasible to support culturally safe, relevant and trauma-informed initiatives. (Public

Health Agency of Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

90. Address policy, program, and socio-economic gaps, and strengthen interdepartmental

and intergovernmental relations, in full partnership with Métis, non-status, o-reserve,

and urban Indigenous peoples, consistent with the CAP/Daniels decision.

(Crown-

Indigenous Relations and Northern Aairs Canada)

Cultural, religious and linguistic rights

(articles 8, 11, 12, 13, 25, 31)

The goal of this priority is to establish a Canada where:

• Indigenous peoples fully enjoy and exercise their distinct rights to maintain, control,

develop, protect and transmit their cultural heritage, Indigenous knowledge,

languages, food systems, sciences and technologies, without discrimination.

• Indigenous peoples are thriving, including through connection to culture and

community, the use of their languages and the expression of their spiritual heritage.

The Government of Canada will take the following actions in consultation and cooperation

with Indigenous peoples:

91. Work with Indigenous governments, other Indigenous governing bodies and a variety of

Indigenous organizations to review and consider proposed amendments to strengthen the

Indigenous Languages Act pursuant to the independent review process. (Canadian Heritage)

92. Continue establishing measures to facilitate the provision of adequate, sustainable and

long-term funding for the reclamation, revitalization, maintenance and strengthening of

Indigenous languages through ongoing implementation of the Indigenous Languages Act.

(Canadian Heritage)

93. Advance access to federal services in Indigenous languages; including translation of key

departmental documentation. (Canadian Heritage)

94. Establish a process to engage Indigenous peoples on go-forward UN Declaration-related

interests relevant to arts, culture, commemorations and heritage. (Canadian Heritage)

95. Enable broadened approaches to cooperative management, governance and decision-

making with respect to the heritage places that Parks Canada has a role in administering.

Parks Canada will work with First Nations, Inuit and Métis through a distinctions-based

process to develop policy, regulatory and legislative options to recognize and support

implementation of Indigenous systems of law and governance through a spectrum of

governance, decision-making and management approaches in areas of interest including,

but not limited to: economic and employment benets; tourism; management plans;

protection and conservation strategies; establishment of Indigenous Protected and

Conserved Areas; access; archaeology; research, and restoration initiatives. (Parks Canada)

2 Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12, [2016] 1 S.C.R. 99

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

96. In coordination with other action plan measures, advance policy and on-the-land

initiatives within the heritage places it has a role in administering to support and revitalize

the relationships and connections of Indigenous peoples with lands, waters and ice

that are essential to the overall well-being of Indigenous communities and individuals.

A range of initiatives that will result in economic and employment opportunities will be

implemented including, among other things, enhanced and sustainable Indigenous

Guardian programs, support for on-the-land language and cultural learning by and for

Indigenous peoples including youth, Indigenous-led place-renaming and revitalization

of the stories of these places, promotion of public education to build understanding of

Indigenous histories and stewardship approaches, and other policy-based initiatives that

promote cultural continuity and revitalization. This work will be guided by the Indigenous

Stewardship Circle, a diverse group of Indigenous leaders providing advice on how Parks

Canada can support the implementation of the UN Declaration. (Parks Canada)

97. In coordination with other action plan measures, formalize the role of Indigenous

knowledge in decision-making and support Indigenous data sovereignty through co-

development of policy initiatives and tools, establishment of employee training and

learning opportunities delivered by Indigenous organizations and experts, and by

facilitating data access for Indigenous partners as appropriate. To arm the value of

Indigenous knowledge systems, Parks Canada will implement appropriate and respectful

payments for the guidance received from Indigenous knowledge holders. (Parks Canada)

98. Co-develop with First Nations, Inuit Treaty Organizations or their designates, and the

Métis a distinction-based comprehensive approach, which will include legislative,

programming and/or service measures, to enable the repatriation/rematriation of

Indigenous cultural belongings and ancestral remains. (Canadian Heritage)

99. Utilizing a culturally appropriate and gender-based lens, support the Calls for Justice by

the National Inquiry into Missing and Murdered Indigenous Women, Girls and the Métis-

centred Calls for Miskotahâ through applicable program and policy supports, leading

engagement with other government organizations and Indigenous peoples to co-

develop an approach to support funding for Indigenous-led cultural initiatives. (Canadian

Heritage)

100. Support Indigenous peoples through applicable program and policy measures, including:

• Targeted funding for commercial Indigenous music artists, entrepreneurs, and

organizations to increase the participation of Indigenous peoples within the Canadian

music industry

• Supporting students through the Canada Arts Training Fund and Indigenous Arts

Knowledge Exchange. (Canadian Heritage)

101. Work in consultation and cooperation with First Nations, Inuit, and Métis to ensure

appropriate measures are in place for Indigenous peoples to maintain, control, protect

and develop their cultural heritage, traditional knowledge and traditional cultural

expressions, including working in partnership with responsible government departments

to ensure that Canada’s intellectual property legislative and regulatory frameworks

(e.g., Copyright Act, Trademarks Act, Patent Act) are consistent with the UN Declaration.

(Canadian Heritage, Innovation, Science and Economic Development Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Education, information and media

(articles 14, 15, 16)

The goal of this priority area is to ensure a Canada where:

• Indigenous peoples enjoy the equal right to education, including post-secondary

education, with necessary funding and supports, and have access when possible to

education in Indigenous languages and cultures.

• All Canadians have increased knowledge of the UN Declaration as well as Indigenous

rights, cultures, histories, stories and ways of knowing.

In addition to the measures set out under the “Promoting mutual respect and

understanding as well as good relations, including through human rights education”

element of the “Legislated Priorities” section, the Government of Canada will take the

following actions in consultation and cooperation with Indigenous peoples:

102. Deploy necessary eorts to support Indigenous peoples’ and communities’ right to

self-determination on socio-economic issues including access to post-secondary

education, skills training and employment. Such eorts will be inclusive of Indigenous

peoples regardless of where they reside. (Employment and Social Development Canada)

103. Continue to advance and support self-determination in the provision of culturally

competent early learning and childcare for Indigenous children, through the co-developed

Indigenous Early Learning and Child Care Framework and dedicated federal investments

to support its implementation. Continue to provide sustainable funding for self-determined

early learning and child care services in Indigenous communities that emphasize

Indigenous language and culture to support Indigenous youth’s early-age language

development in consultation and cooperation with Indigenous language keepers.

(Employment and Social Development Canada and Indigenous Services Canada)

104. Co-develop options to implement the Truth and Reconciliation Commission’s Call to

Action 66, to “establish multi-year funding for community-based youth organizations to

deliver programs on reconciliation and establish a national network to share information

and best practices”. (Crown-Indigenous Relations and Northern Aairs Canada)

105. Provide increased ongoing funding for the Indigenous Screen Oce Program to support

Indigenous narrative sovereignty and self-determination in the audiovisual sector.

(Canadian Heritage)

106. Provide increased ongoing funding for Northern Aboriginal Broadcasting and expand

nationally to support Indigenous broadcasting and the revitalization and preservation of

Indigenous languages and cultures. (Canadian Heritage)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Implementation and redress

(articles 38, 39, 40, 41, 42, 46)

The goal of this priority area is to ensure a Canada where:

• Indigenous peoples participate as equal partners in a sustainable, adaptive, regionally-

sensitive and transparent UN Declaration implementation process that is distinctions-

based in its approach and informed by culturally relevant gender-based analysis.

• There are accessible and eective processes and mechanisms for negotiation of nation-

to-nation, government-to-government, Inuit-Crown agreements, as well as for the

resolution of disputes that reect and respect legal pluralism and Indigenous laws and

legal traditions. Dispute resolution processes would include the negotiation of redress

for impacts upon Indigenous title and rights owing from federal actions and practices.

In addition to the measures set out under the “Oversight and Accountability” and “Monitoring

and Reviewing” elements of the “Legislated Priorities” section, the Government of Canada will

take the following actions in consultation and cooperation with Indigenous peoples:

107. Support the ongoing work of the Independent Special Interlocutor for Missing Children

and Unmarked Graves and Burial Sites associated with Indian Residential Schools and act

upon her recommendations, including with a view to aligning federal laws with the UN

Declaration. (Justice Canada)

108. Support an independent Advisory Committee that will provide guidance on prioritization,

standards and recommendations on approaches to sharing dierent types of Indian

Residential School documents, and to lead a whole-of-government process to scope

and develop a federal approach to identify and share Indian Residential Schools-related

documents with the National Centre for Truth and Reconciliation. (Crown-Indigenous

Relations and Northern Aairs Canada)

109. Develop distinction-based mechanisms to formalize participation of Indigenous

peoples’ representative institutions throughout the Government of Canada’s processes

for: ongoing implementation of Canada’s obligations under international human rights

treaties; monitoring and reporting on Canada’s obligations under those treaties; follow-

up on recommendations by international human rights bodies;and consideration of

adherence to international human rights treaties to which Canada is not yet party.

(Canadian Heritage)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

110. In coordination with other action plan measures, implement actions to support truth-

telling and respond meaningfully to historic and ongoing harms that resulted from the

establishment, management and operation of heritage places it has a role in administering,

in collaboration with other relevant federal government departments, as required. This

will include the co-development of site-specic apologies and acknowledgements

with potentially implicated Indigenous nations and/or partners. Parks Canada will seek

mandates and authorities for the delivery of apologies with any associated redress as

required, and upon receiving authorities, will work with Indigenous nations and/or partners

to co-develop and co-deliver apologies or acknowledgements, as appropriate, and co-

implement redress-related actions in a manner that respects the interests and protocols of

implicated Indigenous nations and/or partners. (Parks Canada)

111. Collaborate with Indigenous partners and the Province of British Columbia on the

implementation of provincial measures in support of British Columbia’s Declaration Act

Action Plan, where federal involvement is appropriate, including through the bilateral

process established through the Letter of Understanding between Justice Canada and

the First Nations Leadership Council to advance implementation of the federal action

plan in British Columbia. (Various departments)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Chapter 2:

First Nations priorities

Self-determination, self-government and

recognition of treaties (articles 3, 4, 37)

The Government of Canada will take the following actions in consultation and cooperation

with First Nations:

1. Continue work underway with First Nations partners on a new scal relationship to

provide sucient, predictable and exible funding in support of closing socioeconomic

gaps and advancing self-determination. (Indigenous Services Canada)

2. Re-arm pre-1975 treaty relationships based on the principles of mutual respect, self-

determination and the nation-to-nation relationship. Engage Treaty Nations in co-developing

approaches, including reconvening of Treaty Councils if Nations wish to do so, for the

renewal and honourable implementation of pre-1975 treaties and treaty relationships,

including a shared vision to guide actions and a common understanding of the spirit and

intent of pre-1975 treaties. (Crown-Indigenous Relations and Northern Aairs Canada)

Lands, territories and resources

(articles 10, 26, 27, 28, 30, 32)

The Government of Canada will take the following actions in consultation and cooperation

with First Nations:

3. Continue to co-develop options for reform of the Specic Claims program, and the

development of a reformed specic claims resolution process, including a Centre

for the resolution of specic claims, to administer and oversee the process presently

performed by Crown-Indigenous Relations and Northern Aairs Canada. As part of

this process, co-develop changes to the Specic Claims Policy and amendments

to the Specic Claims Tribunal Act as necessary to implement a reformed Specic

Claims resolution process that is consistent with the UN Declaration. (Crown-

Indigenous Relations and Northern Affairs Canada)

4. Building on the adoption of co-developed amendments to the First Nations Fiscal

Management Act (Bill C-45), which seek to address capacity and institutional gaps,

including through enhancements to the institutions’ mandate and data collection

functions, the establishment of the First Nations Infrastructure Institute, and the

expansion of First Nations’ law-making powers and enforcement tools under the Act,

it is proposed that Crown-Indigenous Relations and Northern Aairs Canada continues

to work closely with the Institutions under the First Nations Fiscal Management Act,

Indigenous Services Canada and other relevant federal and Indigenous partners to

explore new concepts and the co-development of new or enhanced opt-in mechanisms

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

and initiatives to allow First Nations to strengthen their capacity and assume greater

jurisdiction and control in the areas of nancial management, taxation, access to capital

markets, and infrastructure-related service delivery. (Crown-Indigenous Relations and

Northern Aairs Canada)

5. Co-develop a redesign of the Additions to Reserve Policy. (Crown-Indigenous Relations

and Northern Aairs Canada)

Environment (article 29)

The Government of Canada will take the following actions in consultation and cooperation

with First Nations:

6. Support the environmental integrity of reserve lands by addressing and preventing the

contamination of reserve lands, building eective community-based waste management

solutions that include proper disposal of hazardous and plastic waste. (Indigenous

Services Canada)

Civil and political rights

(articles 6, 7, 9, 17, 33, 35, 36)

The Government of Canada will take the following actions in consultation and cooperation

with First Nations:

7. Support the adoption of Bill C-38, which seeks to address discrimination in the

registration and membership provisions of the Indian Act. (Indigenous Services Canada)

8. Co-develop a collaborative consultation process on a suite of broader reforms relating to

registration and band membership issues, prior to any transition away from the Indian Act.

This includes to consult, cooperate and eectively engage with First Nations women to

eliminate remaining gender-based issues.

Canada recognizes that the Indian Act is a colonial-era law designed to exert control

over the aairs of First Nations, and as such, the Act will never be fully aligned with

the UN Declaration. For Canada’s laws to fulll the UN Declaration, the Indian Act

must be repealed.

The government is seeking to make the Act’s registration and band membership provisions

more consistent with the UN Declaration, until a clear consensus on a way forward on

comprehensive change or the Act’s repeal is possible. (Indigenous Services Canada)

9. Consult First Nations and other impacted Indigenous groups to support the co-

development of opt-in alternatives to Indian Act registration and membership (First Nation

citizenship). This will include a broad spectrum of Indigenous demographic groups, such

as women, girls and 2SLGBTQI+ people, Elders, Treaty groups, etc. (Crown-Indigenous

Relations and Northern Aairs Canada; Indigenous Services Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

10. Work with First Nations partners and representative organizations to advance the co-

development of federal legislation that recognizes First Nations police services as

essential services. (Public Safety)

Economic, health and social rights

(articles 20, 21, 22, 23, 24)

The Government of Canada will take the following actions in consultation and cooperation

with First Nations:

11. Continue to explore options with First Nations on their proposal to exercise their

jurisdiction over their housing and for Canada Mortgage and Housing Corporation to

transfer the care and control of funding for on-reserve housing programs to First Nations.

(Canada Mortgage and Housing Corporation)

12. Support initiatives aimed at increasing First Nations control over service delivery,

which represents an opportunity to foster a more accessible health care system for the

communities they serve, ensuring that health services are high quality and culturally safe.

(Indigenous Services Canada)

13. Collaborate with First Nations organizations on a sustainable approach to transfer First

Nations health programs and services through various health transformation initiatives,

including in the following jurisdictions: British Columbia, Manitoba, Nova Scotia, Quebec,

Ontario and Saskatchewan. (Indigenous Services Canada)

14. Continue to improve the Income Assistance program in a way that is more responsive to

the needs of individuals and families living on-reserve, including more comprehensive

income assistance programming that at least meets provincial comparability.

(Indigenous Services Canada)

15. Continue to work with First Nations on closing infrastructure gaps on reserve – based on

priorities identied by communities - with the goal of improving current service delivery

(including increasing the number of housing units) as well as supporting increased First

Nations capacity for housing governance, management and planning. (Indigenous

Services Canada)

16. Continue to support lifting of short and long term drinking water advisories in First

Nations communities. (Indigenous Services Canada)

17. Continue eorts to advance water and wastewater service transfer to First Nations

communities and support self-determined service delivery models in First Nations

communities. This includes advancing development and introduction, in consultation

with First Nations, of new proposed First Nations drinking water and wastewater

legislation that includes pathways to protect source water and legally enforceable

safe drinking water protections on First Nation lands comparable to those in place in

provinces and territories. (Indigenous Services Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

18. Ensure the implementation of the Accessible Canada Act with respect to First Nations

Band Councils is culturally appropriate, and that First Nations are supported in advancing

accessibility at the community level by:

• Engaging with First Nations on legislative and regulatory options for the

implementation of the Accessible Canada Act on First Nations reserves

• Identifying options to build accessibility capacity and expertise at the community

level and support First Nations communities in removing barriers to accessibility.

(Employment and Social Development Canada)

Education, information and media

(articles 14, 15, 16)

The Government of Canada will take the following actions in consultation and cooperation

with First Nations:

19. Support First Nations control of First Nation education and self-determined education

approaches at many levels, including the conclusion of Regional Education Agreements,

as sustainable models, (underpinned by funding comparable to provincial education

systems) to close the education gap, leading to better outcomes. Ensuring robust and

responsive education systems paves the way for access to higher education opportunities,

all of which foster more prosperous communities. (Indigenous Services Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Chapter 3:

Inuit priorities

Self-determination, self-government,

and treaty implementation

The Government of Canada will take the following actions in consultation and cooperation

with Inuit:

1. The Crown will respect and support the right of Inuit to exercise their right to self-

determination, including co-developing Inuit-specic approaches for implementation

of the right to self-determination, including through negotiated agreements, new policies

and legislative mechanisms. (Crown-Indigenous Relations and Northern Aairs Canada)

2. The Crown will implement its modern treaty obligations and work in partnership with Inuit

Treaty Organizations to apply an Inuit Nunangat approach – as outlined in Section 5 of the

Inuit Nunangat Policy – to implementing, monitoring, and assessing the Modern Treaty

Implementation Policy. (Crown-Indigenous Relations and Northern Aairs Canada)

3. Recognizing that Inuit modern treaties are living documents capable of evolving

over time, the Crown will actively engage in good-faith negotiations with Inuit Treaty

Organizations to pursue amendments to the terms of a modern treaty and will actively

seek to involve all necessary partners. (Crown-Indigenous Relations and Northern

Aairs Canada)

Advancing Inuit-Crown partnership

The Government of Canada will take the following actions in consultation and

cooperation with Inuit:

4. The Crown will continue to actively engage in and support the Inuit-Crown Partnership

Committee (ICPC), and utilize it as a primary mechanism for facilitating work on Inuit-

specic Actions for implementing the UN Declaration, as well as for advancing shared

Inuit-Crown priorities that will evolve on an ongoing basis subject to decision by Inuit

Treaty Organizations and the Crown. Current shared Inuit-Crown priorities are:

1) Inuit land claims implementation

2) Inuktut revitalization, maintenance, protection, and promotion

3) Inuit Nunangat Policy Space

4) Reconciliation measures and eorts to end the issue of missing and murdered

Indigenous women, girls, and 2SLGBTQI+ people

5) Education, early learning, and skills development

6) Health and wellness

7) Environment and climate change

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

8) Housing

9) Homelessness

10) Infrastructure

11) Economic development and procurement

12) Legislative priorities

13) International Inuit priorities

14) Monitoring, evaluation, and learning

15) Sovereignty, defence, and security (Crown-Indigenous Relations

and Northern Aairs Canada)

5. The Crown will utilize the Inuit-Crown Partnership Committee to facilitate work on actions

contained in this chapter, as well as to support implementation of obligations in the UN

Declaration Act requiring consultation and collaboration with Indigenous peoples. (Crown-

Indigenous Relations and Northern Aairs Canada)

6. The Crown will provide periodic reporting to the ICPC related to monitoring the

implementation of this Chapter. (Crown-Indigenous Relations and Northern Aairs Canada)

7. The ICPC will be the exclusive body utilized to review and amend this chapter of

the action plan, according to its own procedures and timelines. (Crown-Indigenous

Relations and Northern Aairs Canada)

8. The Crown will co-develop options to support the permanency of the ICPC,

including consideration of legislative measures. (Crown-Indigenous Relations

and Northern Aairs Canada)

9. Through the ICPC, the Government of Canada will work with Inuit partners to seek

the creation of a new and/or revised Cabinet Directive(s) and other tools to support the

implementation of the Inuit-Crown Co-Development Principles and the Inuit Nunangat

Policy. (Crown-Indigenous Relations and Northern Aairs Canada)

10. The Crown will develop Inuit-specic guidelines for applying an Inuit Nunangat Approach,

consistent with the Inuit Nunangat Policy, to the eective engagement of Inuit Treaty

Organizations or their designates on international issues aecting them. This work will

include tracking various departmental practices on enhancing participation and will seek

to enhance the participation of Inuit in decision-making on matters which would aect

their rights and to advance Canada’s contribution to the work of the entities of the UN

system and other intergovernmental organizations in their implementation of article 41.

(Global Aairs Canada)

Inuktut revitalization, maintenance,

protection and promotion

The Government of Canada will take the following actions in consultation and

cooperation with Inuit:

11. Pursue co-development of regulations with Inuit Treaty Organizations under the

Indigenous Languages Act that provide for the provision of Inuktut language federal

services in Inuit Nunangat, beginning with Nunavut. (Canadian Heritage)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Health and wellness

The Government of Canada will take the following actions in consultation and

cooperation with Inuit:

12. Through the Inuit-Crown Partnership Committee, federal departments will co-develop

legislative and policy options for decision-makers with Inuit Treaty Organizations to

create a framework for the processing and sale of Inuit country or traditional foods within

Inuit Nunangat, as well as support the expansion of domestic and international trade of

these foods. (Canadian Food Inspection Agency, Agriculture and Agri-Food Canada)

13. Support the improvement of health equity for the Inuit and furthering the advancement

of Inuit self-determination over health services, includingby applying an Inuit Nunangat

approachas an important priority for Inuit partners and a longstanding priority of the

ICPC. (Indigenous Services Canada)

14. Recognizing that a cooperative federal-provincial-territorial-Indigenous approach is

necessary for the implementation of Canada’s international human rights obligations,

make best eorts to encourage provinces and territories to advance the implementation

of these obligations in respect of Inuit both within and outside of Inuit Nunangat,

including to improve social conditions, such as access to and delivery of health services.

This includes using available levers and developing clear and robust strategies, and new

approaches where necessary and appropriate. (Various departments)

15. The Government of Canada will work with Inuit Treaty Organizations or their designates

on the realization of the United Nations Convention on the Rights of Persons with

Disabilities for Inuit with disabilities. This includes seeking concrete data solutions to

better understand the socio-economic situation of Inuit with disabilities as well as

identifying data and information gaps that hinder eective monitoring of the status of

Inuit with disabilities and potential solutions for remedying those gaps. The Government

of Canada will also work with and fund Inuit Treaty Organizations through existing

programs, such as the Social Development Partnership Program (Disability), to support

the implementation of the Convention for Inuit with disabilities. (Employment and Social

Development Canada)

Sovereignty, defence and security

The Government of Canada will take the following actions in consultation and

cooperation with Inuit:

16. Support Inuit self-determination in Inuit Nunangat including through National Defence

investments in multi-purpose infrastructure that support Inuit needs, where feasible.

(Department of National Defence)

17. Collaborate with Inuit Treaty Organizations or their designates to jointly identify Inuit-

and Inuit Nunangat-specic priorities and considerations for inclusion, where feasible, in

national defence policies, programs and initiatives jointly identied by partners whose

focus includes Inuit Nunangat. (Department of National Defence)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

18. Recognize the strategic role and contributions Inuit and Inuit communities have, including

by prioritizing Inuit access to federal procurement, in relation to Canada’s defence

policies, programs and initiatives focused on the Inuit Nunangat region. (Department of

National Defence)

19. Support Inuit self-determination by applying an Inuit Nunangat approach to Defence

programs and conduct in the Inuit Nunangat region. (Department of National Defence)

20. In order to protect the safety and security of Inuit and their right and ability to exercise

self-determination and self-governance in matters with a nexus to national security,

Canada will share information with Inuit Treaty Organizations or their designates to

support decision-making. The information shared will be unclassied and/or classied

when appropriate security clearances are in place. (Canadian Security Intelligence

Service)

Education, early learning and skills development

The Government of Canada will take the following actions in consultation and cooperation

with Inuit:

21. In order to enable Inuit rights holders to exercise their right to establish and control their

own educational systems and educational institutions, subject to any self-government

agreement, the federal government will partner with Inuit Treaty Organizations in order to

establish a policy on federal involvement, funding and other support for Inuit primary and

secondary education. (Indigenous Services Canada. Crown-Indigenous Relations and

Northern Aairs Canada)

Economic development and procurement

The Government of Canada will take the following actions in consultation and cooperation

with Inuit:

22. In order to further the implementation of the Nunavut Agreement and to modernize

the sheries management regulatory regime and improve economic development

opportunities in the Nunavut Settlement Area, continue the process to co-develop

Nunavut Fishery Regulations with Nunavut Tunngavik Inc., Makivik Corporation, the

Nunavut Wildlife Management Board and the Government of Nunavut. As part of

this process, Crown-Indigenous Relations and Northern Aairs Canada, Fisheries and

Oceans Canada, Nunavut Tunngavik Inc. and Makivik Corporation will explore possible

amendments to the applicable modern treaties in order to enable the use of Communal

Fish Plans as part of the regulatory scheme. (Fisheries and Oceans Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Chapter 4:

Métis Priorities

Self-determination, self-government and

recognition of treaties (articles 3, 4, 37)

The Government of Canada will take the following actions in consultation and

cooperation with Métis:

1. Canada will recognize, support and advance the exercise of Métis rights to self-

determination, and the inherent right to self-government, recognized and armed

by section 35 and protected by section 25 of the Constitution Act, 1982, in a manner

that is consistent with the UN Declaration through constructive, forward-looking,

and reconciliation-based approaches and negotiations premised on rights

recognition and implementation.

Consistent with the commitment to co-develop approaches for the implementation of

the right to self-determination, Canada will introduce federal legislation to implement the

co-developed Métis Self-Government Recognition and Implementation Agreements with

the Métis Nation of Alberta, Métis Nation of Ontario and Métis Nation-Saskatchewan.

Consistent with the commitment to co-develop approaches for the implementation of

the right to self-determination, Canada will continue to advance the development of

Métis Treaties with the Métis Nation of Alberta, Métis Nation-Saskatchewan, Manitoba

Métis Federation, and Métis Nation of Ontario in a manner that is consistent with rights-

recognition approaches and implementation. (Crown-Indigenous Relations and

Northern Aairs Canada)

2. Canada will continue to engage with Métis governments and partners to develop

measures and approaches for the redress of Métis claims and historical wrongs.

Consistent with commitments made within the Recognition of Indigenous Rights and

Self-Determination Discussion Tables with the Métis Nation of Alberta, Métis Nation of

Ontario, Métis Nation-Saskatchewan, and Manitoba Métis Federation, Canada will continue

to collaborate to develop expedited options with a view to settling their respective

outstanding Métis claims. (Crown-Indigenous Relations and Northern Aairs Canada)

3. Consistent with the commitment to advance approaches for the recognition and

implementation of Métis rights, Canada will continue to collaborate with Métis

governments and partners through Recognition of Indigenous Rights and Self-

Determination Discussion Tables (where applicable) and other mechanisms to co-

develop approaches and/or processes that facilitate a whole-of-government approach

for determining, recognizing, and protecting the exercise of Métis rights recognized and

armed by Section 35 of the Constitution Act, 1982.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Consistent with the commitment to enter into arrangements with Indigenous partners

that establish an agreed-upon process when fullling the duty to consult, Canada will

collaborate with Métis governments and partners to co-develop or update and fully

implement their respective Consultation Agreements with Canada through an eective

and ecient whole-of-government approach to consultation and accommodation that

aligns with the UN Declaration. (Crown-Indigenous Relations and Northern Aairs Canada)

4. Consistent with the commitments set out in the Memorandum of Understanding

for Advancing Reconciliation (MOU) signed in 2018, as well as under under the UN

Declaration and other mechanism, Canada will continue to advance reconciliation

between Métis Nation British Columbia (MNBC) and Canada by fullling its commitments

in the MOU by co-developing agreements and shared solutions regarding the subject

areas listed at 1.2, as well as other items of mutual interest. Negotiations will continue

to focus on determining MNBC’s Aboriginal Rights under Section 35, of the Constitution

Act, 1982, in a manner that is consistent with rights-recognition approaches and

implementation. In parallel with the section 35 determination negotiations, Canada

commits to advancing the co-development of practical agreements or shared solutions

that focus on processes and service delivery. (Crown-Indigenous Relations and

Northern Aairs Canada)

5. Consistent with the commitment to co-develop approaches for the implementation of An

Act respecting First Nations, Métis, and Inuit children, youth and families (the Act) that arm

rights to self-determination and jurisdiction, Canada will collaborate with provincial and

territorial governments to seek to ensure that policies, practices and approaches taken

to implement the Act uphold the inherent Métis right to self-determination, and rights of

children, youth and their families armed in the UN Declaration by advancing substantive

equality for Métis-specic priorities and principles, including sustainable and predictable

funding, Métis Data Sovereignty and Métis social determinants of wellbeing. (Indigenous

Services Canada)

6. Engage with each Métis government negotiating and implementing self-government,

to co-develop an adaptation (or annex) to Canada’s Collaborative Self-Government

Fiscal Policy to address the various forms of Métis self-government. (Crown-Indigenous

Relations and Northern Aairs Canada)

7. Co-develop measures to advance the renewed scal relationship set out in the Canada –

Métis Nation Accord. (Crown-Indigenous Relations and Northern Aairs Canada)

Civil and political rights

(articles 6, 7, 9, 17, 33, 35, 36)

The Government of Canada will take the following actions in consultation and cooperation

with Métis:

8. In order to ensure the safety, wellbeing, and resilience of Métis communities, co-develop

measures to facilitate eective identication of and response to threats to Métis security,

including, but not limited to:

• the provision of information to MNC and its Governing Members regarding threats to

Métis security, including specic threats to communities and infrastructure

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

• the provision of national security-related information to MNC and its Governing

Members that may impact Métis individuals and/or communities

• ensuring more accurate and eective identication of threats to Métis security

• supporting technical capacity to receive and respond to provided information and to

ensure responses include the procedures and protocols of the Métis

• measures to protect the privacy and information of Métis citizens, including ensuring

that no commitment or activity in this action plan measure requires MNC and its

Governing Members to provide information relating to Métis citizens, governments and

communities to the Government of Canada.(Canadian Security Intelligence Service)

9. Conclude a Justice and Policing Sub-Accord through the Canada-Métis Nation

Permanent Bilateral Mechanism in order to end over-representation, reduce recidivism

rates, ensure preventative and Métis culturally responsive restorative justice, achieve

equity within Canada’s justice system(s) for Métis citizens and advance Métis inherent

rights to self-determination and self-government, including, but not limited to:

• federal data sharing agreements

• sustainable funding and capacity for Métis governments to support their citizens

incarcerated, interacting with, and having lived experience in the justice system,

through initiatives including but not limited to Métis specic restorative justice,

comprehensive victims, family, and community services and supports, Gladue

services, and other programs and services

• Métis law and legal systems

• policing

• other undertakings in relation to advancing the role of Métis governments (Justice

Canada and Public Safety Canada)

Participation in decision-making and

Indigenous institutions (articles 5, 18, 19, 34)

The Government of Canada will take the following actions in consultation and cooperation

with Métis:

10. Consistent with the commitment to co-develop approaches for the implementation of

the right to self-determination, Canada and the Métis Nation will advance the following

measures under the Canada-Métis Nation Permanent Bilateral Mechanism:

• co-develop and implement co-development principles (Crown-Indigenous Relations

and Northern Aairs Canada)

• co-develop nation-to-nation, government-to-government processes for the co-

development of legislative and regulatory initiatives pursuant to section 5 of the

UN Declaration Act that implement Articles 18 and 19. (Justice Canada, various

departments and agencies)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Economic, health and social rights

(articles 20, 21, 22, 23, 24)

The Government of Canada will take the following actions in consultation and cooperation

with Métis:

11. Consistent with the commitment to co-develop approaches for the implementation of

the right to self-determination and rights to health armed in the UN Declaration, Canada

will ensure work continues with Métis governments and representative institutions to

realize Métis specic equal access to health services, improve equitable health outcomes

for Métis, and ensure the Métis Vision for Health informs the co-development of the

distinctions-based indigenous health legislation. (Indigenous Services Canada)

12. Ensure that the unique dierences in how poverty is experienced among First Nations,

Inuit, and Métis are recognized in the design and delivery of Government of Canada

programs, policies, and services by working with the Métis National Council (MNC) to

co-develop Métis-specic indicators of poverty and well-being. (Employment and Social

Development Canada)

Education, information and media

(articles 14, 15, 16)

The Government of Canada will take the following actions in consultation and cooperation

with Métis:

13. In order to enable Métis citizens to access quality elementary and secondary education

that is centered on Métis culture and upholds article 14 of the UN Declaration, which

arms the right of the Métis to establish and control Métis education systems and

institutions, the federal government will establish, through co-development with the

Métis, collaborative working relationships, policies and approaches to Métis elementary

and secondary education. (Indigenous Services Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Chapter 5:

Indigenous Modern

Treaty partner priorities

Modern Treaties are constitutionally protected agreements that form part of the constitutional

framework of Canada and represent a distinct expression of reconciliation. To date, twenty-six

Modern Treaties have been concluded between the Crown and Indigenous peoples, covering

over 40% of Canada’s land mass. The Supreme Court of Canada has stated on many occasions

that Modern Treaties are the pinnacle of reconciliation between Indigenous peoples and the

Crown and are the primary tool for the reconciliation of prior and unextinguished Aboriginal

rights and asserted Canadian sovereignty (First Nation of Nacho Nyäk Dun v Yukon, 2017 SCC,

para 10; Beckman v Little Salmon/Carmacks First Nation, 2010 SCC 53, para 10). Indigenous

peoples who entered into Modern Treaties (“Indigenous Modern Treaty Partners”) dened

some or all of their Aboriginal rights as treaty rights which, by their very nature, are legally

distinct and were painstakingly negotiated and agreed to by both Canada and the Indigenous

people in question.

Indigenous Modern Treaty Partners are therefore a distinct element within the distinctions-

based approach that includes First Nations, Inuit, and Métis peoples, as recognized within

Canada’s Collaborative Modern Treaty Implementation Policy.

Indigenous Modern Treaty Partners, whether First Nations, Inuit, or Métis, have distinct

priorities that arise from (1) the unique relationship they have with Canada and provinces or

territories as a result of their modern treaties; (2) the integral position modern treaties hold

within the constitutional framework of Canada; and (3) the particular obligations, interests,

rights, jurisdictions and authorities that are recognized within their Modern Treaties.

Under article 37 of the UN Declaration, and consistent with Canada’s Collaborative Modern

Treaty Implementation Policy, it is imperative that Canada and Indigenous peoples work

together to co-develop legislative and policy processes, tools, and mechanisms to ensure that

Modern Treaties are recognized, observed, and enforced, or in other words, implemented.

Implementing Modern Treaties in a broad and purposive manner to uphold the honour of the

Crown is an ongoing process that can and should be supported and advanced by the UN

Declaration Act. This Modern Treaty Chapter sets out key actions that the UN Declaration Act

can support in pursuit of this imperative.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

The Government of Canada will take the following actions in cooperation with Indigenous

Modern Treaty Partners:

1. Continue co-development of the annexes to Canada’s Collaborative Modern Treaty

Implementation Policy, as set out within section 8.1 of the Policy, to fulll the following

commitments within the applicable timelines:

A. Establishing new implementation mechanisms and improving the eectiveness

of existing ones. Existing implementation mechanisms, such as Implementation

Panels, Committees and other coordinating entities may not be adequately

designed to support timely responses to new or emerging issues relating to

modern treaty implementation. Canada will work with Indigenous Modern Treaty

Partners to collaboratively strengthen the role and eectiveness of these structures

and develop new structures in addition to those outlined in Annex A of Canada’s

Collaborative Modern Treaty Implementation Policy

B. Developing a strategy for the comprehensive, meaningful and reliable

measurement of progress in the context of implementing the broad objectives

individually outlined in each modern treaty. Quantitative indicators are insucient to

measure improvements in governance, restoration of culture, language and heritage

and other key elements of modern treaty implementation. Canada and Indigenous

Modern Treaty Partners will collaboratively develop a measurement strategy,

building o of existing eorts, to dene and measure progress against the broad

objectives of modern treaties

C. Ensuring that Indigenous Modern Treaty Partners are able to fully exercise their

jurisdictional powers and manage and administer programs and services to their

citizens, members or beneciaries as set out in their agreements. Crown-Indigenous

Relations and Northern Aairs will ensure coordination among federal departments

and agencies to develop clear and robust mechanisms with Indigenous Modern

Treaty Partners and with provincial and territorial governments to ensure that

barriers to Indigenous Modern Treaty Partners’ exercise of jurisdiction and

management and administration of programs and services are removed in a timely

manner. These mechanisms will provide that Canada will use available levers and,

where necessary, develop new mechanisms to inuence provinces or territories, or

both, to act to overcome these barriers. A cooperative federal-provincial-territorial-

Indigenous approach is necessary to ensure agreements are fully implemented

D. Ensuring that Indigenous Modern Treaty Partners without self-government are

able to conclude self-government arrangements. Crown-Indigenous Relations

and Northern Aairs will co-ordinate with departments to develop clear and

robust mechanisms by which Canada will collaboratively work with Indigenous

Modern Treaty Partners that do not yet have self-government and with the relevant

province or territory, or both, to ensure that barriers to entry into self-government

arrangements are resolved in a timely manner. The mechanisms developed will

provide that Canada will use available levers and, where necessary, develop new

mechanisms to inuence provinces and/or territories in this eort

E. Supporting the evolution of modern treaties. Modern treaties are living documents

capable of evolving over time. Should an Indigenous Modern Treaty Partner so choose,

Canada will support the evolution of modern treaties in various ways. This includes, but

is not limited to, introducing robust periodic review and renewal processes designed

to facilitate negotiated amendments to modern treaties to reect advancements in the

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

law, including the implementation of of the UN Declaration, changes in federal policies,

recommendations from review processes and contemporary contexts. Canada will

collaboratively work with Indigenous Modern Treaty Partners to develop approaches

that support the evolution of agreements to ensure modern treaty rights keep pace

with emerging Indigenous rights frameworks, including the UN Declaration Act

F. Improving dispute resolution processes. Canada’s refusal to reasonably consent to

arbitration has presented challenges in addressing disputes eectively, eciently

and in good faith. Canada will re-examine its approach to dispute resolution and

work with Indigenous Modern Treaty Partners to co-develop solutions

G. Addressing challenges that prevent boards established by modern treaties

from recruiting and retaining qualied nominees to serve as members and

chairpersons. These challenges, if not addressed, create signicant risks to the

ability of Indigenous Modern Treaty Partners to meaningfully participate in the co-

management of lands, resources, waters and wildlife within their territories. Canada

will collaboratively work with Indigenous Modern Treaty Partners to identify issues

and co-develop solutions in a timely manner

H. Establishing eective mechanisms to ensure that all federal departments and

agencies are alive to implementation issues and that these issues receive the right

level of attention. The tools created through the Cabinet Directive—the Deputy

Ministers’ Oversight Committee, the Modern Treaty Implementation Oce, and

Assessment of Modern Treaty Implications—need to be improved to ensure

departments understand and coordinate their whole-of-government obligations.

Canada will collaboratively work with Indigenous Modern Treaty Partners to

implement and, where necessary, revise or replace the Cabinet Directive in

accordance with Canada’s Collaborative Modern Treaty Implementation Policy,

evaluations, lessons learned and the experience of all Modern Treaty Partners to date

I. Providing meaningful training to federal government ocials to ensure modern

treaties are respected and their promises upheld. Deputy heads will undertake further

measures to enhance and expand training for all of their federal public servants

J. Improving information-sharing with Indigenous Modern Treaty Partners. Canada will

collaboratively work with Indigenous Modern Treaty Partners to establish clear and

ecient information-sharing mechanisms to improve transparency and minimize

information asymmetry

K. Developing eective and transparent mechanisms to engage with Indigenous

Modern Treaty Partners early on in legislative, policy, and program development

processes to ensure federal initiatives are consistent with Modern Treaty

relationships, objectives, and obligations

L. Ensuring adequate and dedicated funding is available to Modern Treaty partners to

support meaningful participation in legislative, policy, and program development

initiatives including intergovernmental forums

M. Co-developing guidance that provides instructions to federal departments and

agencies on the meaning and parameters of legislative and policy co-development,

and the specic circumstances under which co-development should occur

N. Fostering cultural competency and support education, knowledge and

understanding of Modern Treaties throughout the whole-of-government. (Crown-

Indigenous Relations and Northern Aairs Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

2. Direct federal public servants, including deputy heads, to implement the UN Declaration

Act in a way that promotes, recognizes and respects that:

• Modern Treaties are constitutionally protected agreements that form an

integral part of the constitutional framework of Canada and represent a distinct

expression of reconciliation

• Indigenous Modern Treaty Partners have a unique relationship with Canada and

provinces or territories as a result of their Modern Treaties

• the particular obligations, interests, rights, jurisdictions and authorities of Modern

Treaty Partners are recognized within their Modern Treaties

• Indigenous Modern Treaty Partners are therefore a distinct element within the

distinctions-based approach that includes First Nations, Inuit and Métis peoples.

(Crown-Indigenous Relations and Northern Aairs Canada and various departments)

3. Ensure the full, eective, diligent and timely implementation of all Modern Treaties in

Canada, including by taking any necessary eective legislative, policy and administrative

measures to ensure federal laws and policies support rather than conict with or impede

implementation. (Crown-Indigenous Relations and Northern Aairs Canada and

various departments)

4. Take a broad, purposive approach to implementing Modern Treaties in a way that fullls

the spirit and intent of Modern Treaties and upholds the honour of the Crown. (Crown-

Indigenous Relations and Northern Aairs Canada and various departments)

5. Direct federal public servants, including deputy heads, to actively apply the

principles and implement the commitments in Canada’s Collaborative Modern Treaty

Implementation Policy to ensure the promises in Modern Treaties are being fullled in

a way that reects their spirit and intent. (Crown-Indigenous Relations and Northern

Aairs Canada and various departments)

6. Explore establishing an Indigenous Modern Treaty, Federal and Provincial/Territorial Forum

to ensure a cooperative approach to Modern Treaty implementation, including associated

funding commitments. (Crown-Indigenous Relations and Northern Aairs Canada)

7. Explore opportunities to work cooperatively with provinces and territories towards

achieving the objectives of the UN Declaration in relation to the advancement of the rights,

interests, jurisdictions, obligations and authorities of Indigenous Modern Treaty Partners

throughout Canada. (Crown-Indigenous Relations and Northern Aairs Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

8. Continue to co-develop funding methodologies under Canada’s Collaborative Self-

Government Fiscal Policy to ensure that Self-Governing Indigenous Governments have

sucient scal resources to fulll their responsibilities under their agreements, targeting

completion of co-developed proposals ready to advance for federal policy and nancial

approvals in the following timelines:

a) Infrastructure (Phase II) by March 2024

b) Lands, resources and treaty management by March 2024

c) Language revitalization by March 2024

d) Addressing disparities in socio-economic outcomes by a date to be mutually agreed

upon by federal and Indigenous participants in the Collaborative Fiscal Policy

Development Process. (Crown-Indigenous Relations and Northern Aairs Canada and

various departments)

9. Co-develop recommendations to establish a credible, eective, sustainable and

independent Modern Treaty oversight mechanism to hold the federal government

accountable to Parliament by September 2023. (Crown-Indigenous Relations and

Northern Aairs Canada)

10. Direct federal public servants, including deputy heads, that the UN Declaration is

to be used as an interpretive tool to inform and advance Indigenous Modern Treaty

Partners’ interests, rights, jurisdictions, and authorities as set out in Modern Treaties

and will in no way be implemented or understood so as to detract from those interests,

rights, jurisdictions, and authorities, as recognized in article 37 of the UN Declaration.

(Crown-Indigenous Relations and Northern Aairs Canada and various departments)

11. Engage in collaborative development of revitalization options for federal Indigenous

tax policies with the aim of these policies being more fully reective of the self-

determination of Indigenous Modern Treaty Partners and supporting and incentivizing

Indigenous Modern Treaty Partners to build towards self-suciency through their own

tax systems. This could include: developing additional incentives for Indigenous Modern

Treaty Partners to enter into or continue existing tax arrangements with other levels of

government; and exploring additional tax arrangements for Indigenous Modern Treaty

Partners to generate tax revenues from a wider range of sources. (Finance Canada)

12. Collaborate with Modern Treaty Partners to pursue possible changes to federal

environmental legislation, regulations and policies to:

a) align with Canada’s Modern Treaty relationships, objectives and obligations,

including the spirit and intent of those agreements

b) address issues and barriers to the eective exercise of Indigenous Modern Treaty

Partner jurisdiction respecting the environment

c) support successful free, prior and informed consent implementation regarding

federal legislative or administrative measures that may aect the environment-

related modern treaty rights and obligations. (Crown-Indigenous Relations and

Northern Aairs Canada and various departments)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

13. Collaborate with Modern Treaty Partners to pursue possible changes to federal sheries

legislation, regulations and policies to:

a) align with Canada’s Modern Treaty relationships, objectives and obligations,

including the spirit and intent of those agreements

b) address issues and barriers to the eective exercise of Indigenous Modern Treaty

Partner jurisdiction respecting sheries

c) support healthy sh and aquatic plant populations

d) support successful free, prior and informed consent implementation regarding

federal legislative or administrative measures that may aect the sheries-related

modern treaty rights and obligations. (Fisheries and Oceans Canada)

14. Ensure that federal legislation, policies and programs related to land and land use

planning are reective of Modern Treaties relationships, objectives and obligations and

the spirit and intent of these agreements. (Crown-Indigenous Relations and Northern

Aairs Canada)

15. Support the evolution of Modern Treaties by ensuring that they reect developments

in federal law and policy and that modern treaty rights keep pace with emerging

Indigenous rights frameworks, including the UN Declaration. Such support must

include ensuring that Indigenous Modern Treaty Partners have capacity to participate

in negotiation and amendment processes. (Crown-Indigenous Relations and Northern

Aairs Canada)

16. Engage directly with Indigenous Modern Treaty Partners whose traditional territories

and nations span across international borders and with relevant international partners to

develop mechanisms, legislative, policy, or otherwise, that reect the self-determination

of such Indigenous Modern Treaty Partners to facilitate the full implementation of article

36 of the UN Declaration. (Crown-Indigenous Relations and Northern Aairs Canada)

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

The United Nations

Declaration on the Rights

of Indigenous Peoples Act

S.C.2021, c. 14

Assented to 2021-06-21

An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples

Preamble

Whereas the United Nations Declaration on the Rights of Indigenous Peoples provides a

framework for reconciliation, healing and peace, as well as harmonious and cooperative

relations based on the principles of justice, democracy, respect for human rights, non-

discrimination and good faith;

Whereas the rights and principles armed in the Declaration constitute the minimum

standards for the survival, dignity and well-being of Indigenous peoples of the world, and

must be implemented in Canada;

Whereas, in the outcome document of the high-level plenary meeting of the General

Assembly of the United Nations known as the World Conference on Indigenous Peoples,

Canada and other States rearm their solemn commitment to respect, promote and advance

the rights of Indigenous peoples of the world and to uphold the principles of the Declaration;

Whereas, in its document entitledCalls to Action, the Truth and Reconciliation Commission

of Canada calls upon federal, provincial, territorial and municipal governments to fully adopt

and implement the Declaration as the framework for reconciliation, and the Government of

Canada is committed to responding to those Calls to Action;

Whereas, in its document entitledCalls for Justice, the National Inquiry into Missing and

Murdered Indigenous Women and Girls calls upon federal, provincial, territorial, municipal

and Indigenous governments to implement the Declaration, and the Government of Canada is

committed to responding to those Calls for Justice;

Whereas First Nations, Inuit and the Métis Nation have, throughout history and to this day,

lived in the lands that are now in Canada with their distinct identities, cultures and ways of life;

Whereas Indigenous peoples have suered historic injustices as a result of, among other

things, colonization and dispossession of their lands, territories and resources;

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;

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

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

dierences, including the doctrines of discovery andterra nullius, are racist, scientically false,

legally invalid, morally condemnable and socially unjust;

Whereas the Government of Canada rejects all forms of colonialism and is committed

to advancing relations with Indigenous peoples that are based on good faith and on the

principles of justice, democracy, equality, non-discrimination, good governance and respect

for human rights;

Whereas the Declaration emphasizes the urgent need to respect and promote the inherent

rights of Indigenous peoples of the world which derive from their political, economic and

social structures and from their cultures, spiritual traditions, histories, philosophies and legal

systems, especially their rights to their lands, territories and resources;

Whereas the Government of Canada recognizes that all relations with Indigenous peoples

must be based on the recognition and implementation of the inherent right to self-

determination, including the right of self-government;

Whereas the Government of Canada is committed to taking eective measures — including

legislative, policy and administrative measures — at the national and international level,

in consultation and cooperation with Indigenous peoples, to achieve the objectives of the

Declaration;

Whereas the Government of Canada is committed to exploring, in consultation and

cooperation with Indigenous peoples, measures related to monitoring, oversight, recourse

or remedy or other accountability measures that will contribute to the achievement of those

objectives;

Whereas the implementation of the Declaration can contribute to supporting sustainable

development and responding to growing concerns relating to climate change and its impacts

on Indigenous peoples;

Whereas the Government of Canada acknowledges that provincial, territorial and municipal

governments each have the ability to establish their own approaches to contributing to the

implementation of the Declaration by taking various measures that fall within their authority;

Whereas the Government of Canada welcomes opportunities to work cooperatively with

those governments, Indigenous peoples and other sectors of society towards achieving the

objectives of the Declaration;

Whereas the Declaration is armed as a source for the interpretation of Canadian law;

Whereas the protection of Aboriginal and treaty rights — recognized and armed by section

35 of theConstitution Act, 1982— is an underlying principle and value of the Constitution of

Canada, and Canadian courts have stated that such rights are not frozen and are capable of

evolution and growth;

Whereas there is an urgent need to respect and promote the rights of Indigenous peoples

armed in treaties, agreements and other constructive arrangements, and those treaties,

agreements and arrangements can contribute to the implementation of the Declaration;

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Whereas respect for human rights, the rule of law and democracy are underlying principles

of the Constitution of Canada which are interrelated, interdependent and mutually reinforcing

and are also recognized in international law;

And whereas measures to implement the Declaration in Canada must take into account the

diversity of Indigenous peoples and, in particular, the diversity of the identities, cultures,

languages, customs, practices, rights and legal traditions of First Nations, Inuit and the

Métis and of their institutions and governance structures, their relationships to the land and

Indigenous knowledge;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of

Commons of Canada, enacts as follows:

Short Title

Short title

1This Act may be cited as theUnited Nations Declaration on the Rights of Indigenous Peoples Act.

Interpretation

Denitions

2(1)The following denitions apply in this Act.

Declaration means the United Nations Declaration on the Rights of Indigenous Peoples that

was adopted by the General Assembly of the United Nations as General Assembly Resolution

61/295 on September 13, 2007 and that is set out in the schedule. (Déclaration)

Indigenous peoples has the meaning assigned by the denitionaboriginal peoples of

Canadain subsection 35(2) of theConstitution Act, 1982. (peuples autochtones)

Minister, for the purposes of any provision of this Act, means the federal minister designated

as the Minister for the purposes of that provision under section 3. (ministre)

Rights of Indigenous peoples

(2)This Act is to be construed as upholding the rights of Indigenous peoples

recognized and armed by section 35 of theConstitution Act, 1982, and not as

abrogating or derogating from them.

Clarication

(3)Nothing in this Act is to be construed as delaying the application of the Declaration in

Canadian law.

Designation of Minister

Order designating Minister

3The Governor in Council may, by order, designate any federal minister to be the Minister

for the purposes of any provision of this Act.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Purposes of Act

Purposes

4The purposes of this Act are to

(a)arm the Declaration as a universal international human rights instrument with

application in Canadian law; and

(b)provide a framework for the Government of Canada’s implementation of the

Declaration.

Measures for Consistency of Laws and Achieving

the Objectives of the Declaration

Consistency

5The Government of Canada must, in consultation and cooperation with Indigenous peoples,

take all measures necessary to ensure that the laws of Canada are consistent with the

Declaration.

Action plan

6(1)The Minister must, in consultation and cooperation with Indigenous peoples and with

other federal ministers, prepare and implement an action plan to achieve the objectives of the

Declaration.

Content

(2)The action plan must include

(a)measures to

(i)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

(ii)promote mutual respect and understanding as well as good relations, including

through human rights education; and

(b)measures related to monitoring, oversight, recourse or remedy or other accountability

measures with respect to the implementation of the Declaration.

Other elements

(3)The action plan must also include measures related to monitoring the implementation of

the plan and reviewing and amending the plan.

Time limit

(4)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.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Tabling in Parliament

(5)The Minister must cause the action plan to be tabled in each House of Parliament as soon

as practicable after it has been prepared.

Action plan made public

(6)After the action plan is tabled, the Minister must make it public.

Report to Parliament

Annual report

7(1)Within 90 days after the end of each scal year, the Minister must, in consultation and

cooperation with Indigenous peoples, prepare a report for the previous scal year on the

measures taken under section 5 and the preparation and implementation of the action plan

referred to in section 6.

Tabling in Parliament

(2)The Minister must cause the report to be tabled in each House of Parliament on any of the

rst 15 days on which that House is sitting after the report is completed.

Referral to committee

(3)The report stands permanently referred to the committee of each House of Parliament that

is designated or established to review matters relating to Indigenous peoples.

Report made public

(4)After the report is tabled, the Minister must make it public.

Schedule

(Subsection 2(1))

United Nations Declaration on the Rights of Indigenous Peoples

1 See following section to read the full United Nations Declaration on the Rights of Indigenous Peoples, as

adopted by the United Nations General Assembly on September 13, 2007.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

United Nations

Declaration on the Rights

of Indigenous Peoples

Resolution adopted by

the General Assembly

61/295. United Nations Declaration

on the Rights of Indigenous Peoples

The General Assembly,

Taking noteof the recommendation of the Human Rights Council contained in its resolution

1/2 of 29 June 2006,

by which the Council adopted the text of the United Nations Declaration

on the Rights of Indigenous Peoples,

Recallingits resolution 61/178 of 20 December 2006, by which it decided to defer

consideration of and action on the Declaration to allow time for further consultations thereon,

and also decided to conclude its consideration before the end of the sixty-rst session of the

General Assembly,

Adoptsthe United Nations Declaration on the Rights of Indigenous Peoples as contained in

the annex to the present resolution.

107th plenary meeting

13 September 2007

2 SeeOfficial Records of the General Assembly, Sixty-first Session, Supplement No. 53(A/61/53), part one, chap. II, sect. A.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Annex

United Nations Declaration on

the Rights of Indigenous Peoples

The General Assembly,

Guidedby the purposes and principles of the Charter of the United Nations, and good faith

in the fullment of the obligations assumed by States in accordance with the Charter,

Armingthat indigenous peoples are equal to all other peoples, while recognizing the right

of all peoples to be dierent, to consider themselves dierent, and to be respected as such,

Arming alsothat all peoples contribute to the diversity and richness of civilizations and

cultures, which constitute the common heritage of humankind,

Arming furtherthat all doctrines, policies and practices based on or advocating superiority

of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural

dierences are racist, scientically false, legally invalid, morally condemnable and socially

unjust,

Rearmingthat indigenous peoples, in the exercise of their rights, should be free from

discrimination of any kind,

Concernedthat indigenous peoples have suered from historic injustices as a result of,

inter alia, their colonization and dispossession of their lands, territories and resources, thus

preventing them from exercising, in particular, their right to development in accordance

with their own needs and interests,

Recognizingthe urgent need to respect and promote the inherent rights of indigenous

peoples which derive from their political, economic and social structures and from their

cultures, spiritual traditions, histories and philosophies, especially their rights to their l

ands, territories and resources,

Recognizing alsothe urgent need to respect and promote the rights of indigenous

peoples armed in treaties, agreements and other constructive arrangements with States,

Welcomingthe fact that indigenous peoples are organizing themselves for political, economic,

social and cultural enhancement and in order to bring to an end all forms

of discrimination and oppression wherever they occur,

Convincedthat control by indigenous peoples over developments aecting them and

their lands, territories and resources will enable them to maintain and strengthen their

institutions, cultures and traditions, and to promote their development in accordance

with their aspirations and needs,

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Recognizingthat respect for indigenous knowledge, cultures and traditional

practices contributes to sustainable and equitable development and proper

management of the environment,

Emphasizingthe contribution of the demilitarization of the lands and territories

of indigenous peoples to peace, economic and social progress and development,

understanding and friendly relations among nations and peoples of the world,

Recognizing in particularthe right of indigenous families and communities to retain

shared responsibility for the upbringing, training, education and well-being of their

children, consistent with the rights of the child,

Consideringthat the rights armed in treaties, agreements and other constructive

arrangements between States and indigenous peoples are, in some situations, matters

of international concern, interest, responsibility and character,

Considering alsothat treaties, agreements and other constructive arrangements, and

the relationship they represent, are the basis for a strengthened partnership between

indigenous peoples and States,

Acknowledgingthat the Charter of the United Nations, the International Covenant on

Economic, Social and Cultural Rights

and the International Covenant on Civil and Political

Rights,

as well as the Vienna Declaration and Programme of Action,

arm the fundamental

importance of the right to self-determination of all peoples, by virtue of which they freely

determine their political status and freely pursue their economic, social and cultural

development,

Bearing in mindthat nothing in this Declaration may be used to deny any peoples their right

to self-determination, exercised in conformity with international law,

Convincedthat the recognition of the rights of indigenous peoples in this Declaration will

enhance harmonious and cooperative relations between the State and indigenous peoples,

based on principles of justice, democracy, respect for human rights, non-discrimination and

good faith,

EncouragingStates to comply with and eectively implement all their obligations as they

apply to indigenous peoples under international instruments, in particular those related to

human rights, in consultation and cooperation with the peoples concerned,

Emphasizingthat the United Nations has an important and continuing role to play

in promoting and protecting the rights of indigenous peoples,

Believingthat this Declaration is a further important step forward for the recognition,

promotion and protection of the rights and freedoms of indigenous peoples and in the

development of relevant activities of the United Nations system in this eld,

3 See resolution 2200 A (XXI), annex.

4 See resolution 2200 A (XXI), annex.

5 A/CONF.157/24 (Part I), chap. III.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Recognizing and rearmingthat indigenous individuals are entitled without discrimination

to all human rights recognized in international law, and that indigenous peoples possess

collective rights which are indispensable for their existence, well-being and integral

development as peoples,

Recognizingthat the situation of indigenous peoples varies from region to region and

from country to country and that the signicance of national and regional particularities

and various historical and cultural backgrounds should be taken into consideration,

Solemnly proclaimsthe following United Nations Declaration on the Rights of Indigenous

Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual

respect:

Article 1

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals,

of all human rights and fundamental freedoms as recognized in the Charter of the United

Nations, the Universal Declaration of Human Rights

and international human rights law.

Article 2

Indigenous peoples and individuals are free and equal to all other peoples and individuals

and have the right to be free from any kind of discrimination, in the exercise of their rights,

in particular that based on their indigenous origin or identity.

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely

determine their political status and freely pursue their economic, social and cultural

development.

Article 4

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy

or self-government in matters relating to their internal and local aairs, as well as ways and

means for nancing their autonomous functions.

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal,

economic, social and cultural institutions, while retaining their right to participate fully, if

they so choose, in the political, economic, social and cultural life of the State.

Article 6

Every indigenous individual has the right to a nationality.

Article 7

1.Indigenous individuals have the rights to life, physical and mental integrity, liberty

and security of person.

2.Indigenous peoples have the collective right to live in freedom, peace and security

as distinct peoples and shall not be subjected to any act of genocide or any other act

of violence, including forcibly removing children of the group to another group.

6 Resolution 217 A (III).

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Article 8

1.Indigenous peoples and individuals have the right not to be subjected to forced assimilation

or destruction of their culture.

2.States shall provide eective mechanisms for prevention of, and redress for:

(a)Any action which has the aim or eect of depriving them of their integrity as distinct

peoples, or of their cultural values or ethnic identities;

(b)Any action which has the aim or eect of dispossessing them of their lands, territories

or resources;

(c)Any form of forced population transfer which has the aim or eect of violating or

undermining any of their rights;

(d)Any form of forced assimilation or integration;

(e)Any form of propaganda designed to promote or incite racial or ethnic discrimination

directed against them.

Article 9

Indigenous peoples and individuals have the right to belong to an indigenous community or

nation, in accordance with the traditions and customs of the community or nation concerned.

No discrimination of any kind may arise from the exercise of such a right.

Article 10

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation

shall take place without the free, prior and informed consent of the indigenous peoples

concerned and after agreement on just and fair compensation and, where possible, with the

option of return.

Article 11

1.Indigenous peoples have the right to practise and revitalize their cultural traditions and

customs. This includes the right to maintain, protect and develop the past, present and future

manifestations of their cultures, such as archaeological and historical sites, artefacts, designs,

ceremonies, technologies and visual and performing arts and literature.

2.States shall provide redress through eective mechanisms, which may include restitution,

developed in conjunction with indigenous peoples, with respect to their cultural, intellectual,

religious and spiritual property taken without their free, prior and informed consent or in

violation of their laws, traditions and customs.

Article 12

1.Indigenous peoples have the right to manifest, practise, develop and teach their spiritual

and religious traditions, customs and ceremonies; the right to maintain, protect, and have

access in privacy to their religious and cultural sites; the right to the use and control of their

ceremonial objects; and the right to the repatriation of their human remains.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

2.States shall seek to enable the access and/or repatriation of ceremonial objects and human

remains in their possession through fair, transparent and eective mechanisms developed in

conjunction with indigenous peoples concerned.

Article 13

1.Indigenous peoples have the right to revitalize, use, develop and transmit to future

generations their histories, languages, oral traditions, philosophies, writing systems and

literatures, and to designate and retain their own names for communities, places and persons.

2.States shall take eective measures to ensure that this right is protected and also to

ensure that indigenous peoples can understand and be understood in political, legal and

administrative proceedings, where necessary through the provision of interpretation or by

other appropriate means.

Article 14

1.Indigenous peoples have the right to establish and control their educational systems

and institutions providing education in their own languages, in a manner appropriate to

their cultural methods of teaching and learning.

2.Indigenous individuals, particularly children, have the right to all levels and forms of

education of the State without discrimination.

3.States shall, in conjunction with indigenous peoples, take eective measures, in order for

indigenous individuals, particularly children, including those living outside their communities,

to have access, when possible, to an education in their own culture and provided in their own

language.

Article 15

1.Indigenous peoples have the right to the dignity and diversity of their cultures, traditions,

histories and aspirations which shall be appropriately reected in education and public

information.

2.States shall take eective measures, in consultation and cooperation with the indigenous

peoples concerned, to combat prejudice and eliminate discrimination and to promote

tolerance, understanding and good relations among indigenous peoples and all other

segments of society.

Article 16

1.Indigenous peoples have the right to establish their own media in their own languages

and to have access to all forms of non-indigenous media without discrimination.

2.States shall take eective measures to ensure that State-owned media duly reect

indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression,

should encourage privately owned media to adequately reect indigenous cultural diversity.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Article 17

1.Indigenous individuals and peoples have the right to enjoy fully all rights established under

applicable international and domestic labour law.

2.States shall in consultation and cooperation with indigenous peoples take specic measures

to protect indigenous children from economic exploitation and from performing any work that is

likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s

health or physical, mental, spiritual, moral or social development, taking into account their

special vulnerability and the importance of education for their empowerment.

3.Indigenous individuals have the right not to be subjected to any discriminatory conditions

of labour and, inter alia, employment or salary.

Article 18

Indigenous peoples have the right to participate in decision-making in matters which would

aect their rights, through representatives chosen by themselves in accordance with their

own procedures, as well as to maintain and develop their own indigenous decision-making

institutions.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned

through their own representative institutions in order to obtain their free, prior and informed

consent before adopting and implementing legislative or administrative measures that may

aect them.

Article 20

1.Indigenous peoples have the right to maintain and develop their political, economic and

social systems or institutions, to be secure in the enjoyment of their own means of subsistence

and development, and to engage freely in all their traditional and other economic activities.

2.Indigenous peoples deprived of their means of subsistence and development are entitled

to just and fair redress.

Article 21

1.Indigenous peoples have the right, without discrimination, to the improvement of their

economic and social conditions, including, inter alia, in the areas of education, employment,

vocational training and retraining, housing, sanitation, health and social security.

2.States shall take eective measures and, where appropriate, special measures to ensure

continuing improvement of their economic and social conditions. Particular attention shall be

paid to the rights and special needs of indigenous elders, women, youth, children and persons

with disabilities.

Article 22

1.Particular attention shall be paid to the rights and special needs of indigenous elders,

women, youth, children and persons with disabilities in the implementation of this Declaration.

2.States shall take measures, in conjunction with indigenous peoples, to ensure that

indigenous women and children enjoy the full protection and guarantees against all forms

of violence and discrimination.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Article 23

Indigenous peoples have the right to determine and develop priorities and strategies for

exercising their right to development. In particular, indigenous peoples have the right to be

actively involved in developing and determining health, housing and other economic and

social programmes aecting them and, as far as possible, to administer such programmes

through their own institutions.

Article 24

1.Indigenous peoples have the right to their traditional medicines and to maintain their

health practices, including the conservation of their vital medicinal plants, animals and

minerals. Indigenous individuals also have the right to access, without any discrimination,

to all social and health services.

2.Indigenous individuals have an equal right to the enjoyment of the highest attainable

standard of physical and mental health. States shall take the necessary steps with a view

to achieving progressively the full realization of this right.

Article 25

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual

relationship with their traditionally owned or otherwise occupied and used lands, territories,

waters and coastal seas and other resources and to uphold their responsibilities to future

generations in this regard.

Article 26

1.Indigenous peoples have the right to the lands, territories and resources which they have

traditionally owned, occupied or otherwise used or acquired.

2.Indigenous peoples have the right to own, use, develop and control the lands, territories

and resources that they possess by reason of traditional ownership or other traditional

occupation or use, as well as those which they have otherwise acquired.

3.States shall give legal recognition and protection to these lands, territories and resources.

Such recognition shall be conducted with due respect to the customs, traditions and land

tenure systems of the indigenous peoples concerned.

Article 27

States shall establish and implement, in conjunction with indigenous peoples concerned,

a fair, independent, impartial, open and transparent process, giving due recognition to

indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize

and adjudicate the rights of indigenous peoples pertaining to their lands, territories and

resources, including those which were traditionally owned or otherwise occupied or used.

Indigenous peoples shall have the right to participate in this process.

Article 28

1.Indigenous peoples have the right to redress, by means that can include restitution or,

when this is not possible, just, fair and equitable compensation, for the lands, territories and

resources which they have traditionally owned or otherwise occupied or used, and which

have been conscated, taken, occupied, used or damaged without their free, prior and

informed consent.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

2.Unless otherwise freely agreed upon by the peoples concerned, compensation shall take

the form of lands, territories and resources equal in quality, size and legal status or

of monetary compensation or other appropriate redress.

Article 29

1.Indigenous peoples have the right to the conservation and protection of the environment

and the productive capacity of their lands or territories and resources. States shall establish

and implement assistance programmes for indigenous peoples for such conservation and

protection, without discrimination.

2.States shall take eective measures to ensure that no storage or disposal of hazardous

materials shall take place in the lands or territories of indigenous peoples without their free,

prior and informed consent.

3.States shall also take eective measures to ensure, as needed, that programmes for

monitoring, maintaining and restoring the health of indigenous peoples, as developed and

implemented by the peoples aected by such materials, are duly implemented.

Article 30

1.Military activities shall not take place in the lands or territories of indigenous peoples,

unless justied by a relevant public interest or otherwise freely agreed with or requested

by the indigenous peoples concerned.

2.States shall undertake eective consultations with the indigenous peoples concerned,

through appropriate procedures and in particular through their representative institutions,

prior to using their lands or territories for military activities.

Article 31

1.Indigenous peoples have the right to maintain, control, protect and develop their

cultural heritage, traditional knowledge and traditional cultural expressions, as well as the

manifestations of their sciences, technologies and cultures, including human and genetic

resources, seeds, medicines, knowledge of the properties of fauna and ora, oral traditions,

literatures, designs, sports and traditional games and visual and performing arts. They also

have the right to maintain, control, protect and develop their intellectual property over such

cultural heritage, traditional knowledge, and traditional cultural expressions.

2.In conjunction with indigenous peoples, States shall take eective measures to recognize

and protect the exercise of these rights.

Article 32

1.Indigenous peoples have the right to determine and develop priorities and strategies

for the development or use of their lands or territories and other resources.

2.States shall consult and cooperate in good faith with the indigenous peoples concerned

through their own representative institutions in order to obtain their free and informed consent

prior to the approval of any project aecting their lands or territories and other resources,

particularly in connection with the development, utilization or exploitation of mineral, water

or other resources.

3.States shall provide eective mechanisms for just and fair redress for any such activities,

and appropriate measures shall be taken to mitigate adverse environmental, economic,

social, cultural or spiritual impact.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Article 33

1.Indigenous peoples have the right to determine their own identity or membership in

accordance with their customs and traditions. This does not impair the right of indigenous

individuals to obtain citizenship of the States in which they live.

2.Indigenous peoples have the right to determine the structures and to select the

membership of their institutions in accordance with their own procedures.

Article 34

Indigenous peoples have the right to promote, develop and maintain their institutional

structures and their distinctive customs, spirituality, traditions, procedures, practices and,

in the cases where they exist, juridical systems or customs, in accordance with international

human rights standards.

Article 35

Indigenous peoples have the right to determine the responsibilities of individuals

to their communities.

Article 36

1.Indigenous peoples, in particular those divided by international borders, have the right

to maintain and develop contacts, relations and cooperation, including activities for spiritual,

cultural, political, economic and social purposes, with their own members as well as other

peoples across borders.

2.States, in consultation and cooperation with indigenous peoples, shall take eective

measures to facilitate the exercise and ensure the implementation of this right.

Article 37

1.Indigenous peoples have the right to the recognition, observance and enforcement of

treaties, agreements and other constructive arrangements concluded with States or their

successors and to have States honour and respect such treaties, agreements and other

constructive arrangements.

2.Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of

indigenous peoples contained in treaties, agreements and other constructive arrangements.

Article 38

States, in consultation and cooperation with indigenous peoples, shall take the appropriate

measures, including legislative measures, to achieve the ends of this Declaration.

Article 39

Indigenous peoples have the right to have access to nancial and technical assistance

from States and through international cooperation, for the enjoyment of the rights

contained in this Declaration.

Ajuinnata

(Inuktitut meaning: A commitment to action/to never give up)

Article 40

Indigenous peoples have the right to access to and prompt decision through just and fair

procedures for the resolution of conicts and disputes with States or other parties, as well

as to eective remedies for all infringements of their individual and collective rights. Such a

decision shall give due consideration to the customs, traditions, rules and legal systems of

the indigenous peoples concerned and international human rights.

Article 41

The organs and specialized agencies of the United Nations system and other

intergovernmental organizations shall contribute to the full realization of the provisions of

this Declaration through the mobilization, inter alia, of nancial cooperation and technical

assistance. Ways and means of ensuring participation of indigenous peoples on issues

aecting them shall be established.

Article 42

The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and

specialized agencies, including at the country level, and States shall promote respect for

and full application of the provisions of this Declaration and follow up the eectiveness of

this Declaration.

Article 43

The rights recognized herein constitute the minimum standards for the survival, dignity

and well-being of the indigenous peoples of the world.

Article 44

All the rights and freedoms recognized herein are equally guaranteed to male and female

indigenous individuals.

Article 45

Nothing in this Declaration may be construed as diminishing or extinguishing the rights

indigenous peoples have now or may acquire in the future.

Article 46

1.Nothing in this Declaration may be interpreted as implying for any State, people, group

or person any right to engage in any activity or to perform any act contrary to the Charter

of the United Nations or construed as authorizing or encouraging any action which would

dismember or impair, totally or in part, the territorial integrity or political unity of sovereign

and independent States.

2.In the exercise of the rights enunciated in the present Declaration, human rights and

fundamental freedoms of all shall be respected. The exercise of the rights set forth in

this Declaration shall be subject only to such limitations as are determined by law and in

accordance with international human rights obligations. Any such limitations shall be non-

discriminatory and strictly necessary solely for the purpose of securing due recognition and

respect for the rights and freedoms of others and for meeting the just and most compelling

requirements of a democratic society.

3.The provisions set forth in this Declaration shall be interpreted in accordance with the

principles of justice, democracy, respect for human rights, equality, non-discrimination,

good governance and good faith.

www.Canada.ca/Declaration