To fully implement the UN Declaration on the Rights of Indigenous Peoples, Canada must engage in genuine and inclusive law reform.
On Sept. 30 Canada marks the National Day for Truth and Reconciliation for the second time since the federal government made it a statutory holiday. As Canada struggles to come to terms with colonialism and its ongoing legacies, we must also talk about what needs to be done to bring about meaningful change in the future.
Nonetheless, much work still needs to be done to meet the minimum standards of the UN Declaration and to live up to its spirit and intent. If done right, the action plan could be a historic opportunity to address the human rights needs of Indigenous Peoples in a concerted way and with solutions identified by Indigenous Peoples themselves. An action plan that is truly comprehensive in scope, developed in genuine partnership with Indigenous Peoples and that holds government accountable would be a momentous step forward.
The vast majority of Canada’s laws were written without the participation of Indigenous Peoples and with little regard for their rights. In fact, many laws, such as the Indian Act, were specifically designed to dispossess Indigenous Peoples, curtail their rights and criminalize their cultures and traditions. Murray Sinclair, the chair of the Truth and Reconciliation Commission and former senator, has talked about the “war of law” that Canada has waged against Indigenous Peoples.
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