FAQ: B.C. Declaration on the Rights of Indigenous Peoples Act
What is the Declaration on the Rights of Indigenous Peoples Act ?
Developed in collaboration with the First Nations Leadership Council at the direction of First Nations, the Declaration on the Rights of Indigenous Peoples Act creates a framework for reconciliation in B.C., in keeping with the Calls to Action of the Truth and Reconciliation Commission.
The Truth and Reconciliation Commission called on all governments in Canada to fully adopt and implement the UN Declaration as a framework for reconciliation.
The UN Declaration is a universal human rights instrument that includes 46 articles outlining the minimum standards for the survival, dignity and well-being of Indigenous peoples throughout the world.
If Bill 41 becomes law, all new laws in British Columbia will be aligned with the UN Declaration as new laws are drafted or old ones modified.
How will it work in practice?
Additional elements of the bill include:
a requirement to develop an action plan to meet the objectives of the UN Declaration, in collaboration with Indigenous peoples;
annual public reporting to monitor progress;
discretion for new decision-making agreements between the Province and Indigenous governments where decisions directly affect Indigenous peoples and mechanisms exist in applicable legislation – with clear processes, administrative fairness and transparency; and
recognition for additional forms of Indigenous governments in agreement-making, such as multiple Nations working together as a collective, or hereditary governments – as determined and recognized by the citizens of the Nation.
To support self-determination and self-government, the act will enable the Province to recognize other forms of Indigenous governments in addition to federal Indian Act bands, treaty Nations and incorporated bodies and societies. This also provides more clarity for businesses and communities about who to engage when working with Indigenous partners.
The bill also gives government departments the authority to share decision-making with Indigenous governments, removing a significant roadblock to "free, prior and informed consent" as spelled out in UNDRIP.
Canadian courts have repeatedly affirmed the duty of governments to consult with First Nations before making decisions, but existing provincial legislation doesn't empower government decision makers to do so. Decision-making in government often requires adhering to strict guidelines often don’t include First Nations.
Bill 41 will change that equation: instead of government exercising power by itself, First Nations organizations will exercise power hand in hand with the provincial government.
What is the United Nations Declaration on the Rights of Indigenous Peoples?
In 2007, the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration).
The UN Declaration includes 46 articles covering all facets of the rights of Indigenous peoples such as culture, identity, religion, language, health, education and community.
The UN Declaration emphasizes the Indigenous rights to live in dignity, to maintain and strengthen Indigenous institutions, cultures and traditions and to pursue self- determined development, in keeping with Indigenous needs and aspirations.
The UN Declaration does not create new rights. It upholds the same human rights and fundamental freedoms recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.
The UN Declaration has been adopted by 148 countries, including Canada.
How are the UN Declaration and the Truth and Reconciliation Commission’s Calls to Action linked?
The Truth and Reconciliation Commission of Canada’s (TRC) Calls to Action are specific to Canada and are focused on addressing the historical and ongoing damage caused by the residential school system.
The TRC called on all governments in Canada to fully adopt and implement the UN Declaration as a framework for reconciliation.
Both the UN Declaration and the Calls to Action focus on improving the rights and well-being of Indigenous peoples, covering areas such as child welfare, education, language and culture, health, social and economic outcomes and justice.