Debates of May 31, 2016 (day 11)

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Member’s Statement on United Nations Declaration on the Rights of Indigenous Peoples

Quyanainni, Mr. Speaker. Mr. Speaker, today I'm going to talk about the UN Declaration on the Rights of Indigenous Peoples. Mr. Speaker, on May 10th, just three short weeks ago, the Government of Canada announced that it would be removing its objections to the UN Declaration on the Rights of Indigenous Peoples, a decision applauded by Aboriginal leaders across Canada. The declaration was first adopted by the United Nations General Assembly in 2007, recognizing the basic human rights of Indigenous peoples around the world, as well as rights to language, land, equality, and self-determination, among others. More than 140 nations passed the declaration but Canada, which had a hand in drafting the declaration initially, voted against it, with Australia, New Zealand, and the United States. The Conservative government of the day expressed their concerns of the declaration's wording and provisions addressing the land and resources, saying it was overly broad and could lead to a re-opening of previously settled land claims. Mr. Speaker, as well, a provision calling the countries to obtain the informed consent of Indigenous peoples prior to passing new laws was also viewed as contentious. Nonetheless, in a 2010 speech from the throne, the Conservative government said it wanted to take steps to endorse this aspirational document in a manner fully consistent to Canada's Constitution and laws. On May 10th of this year, the current Liberal government, represented by Indigenous Affairs Minister Carolyn Bennett, announced that Canada is now a full supporter of the declaration, without qualification. This news, for which Minister Bennett received a standing ovation, was largely greeted as a positive development by Canadian Aboriginal leaders. However, the Minister went on to add, “We intend nothing less than to adopt the implementation of the declaration, in accordance with the Canadian Constitution,” thereby breathing life into Section 35. This means, in the Minister's own words, that our constitutional obligations serve to fulfill all of the principles of the declaration, including free, prior, and informed consent. Mr. Speaker, this raises a number of questions in my mind, including exactly how Canada interprets Section 35, and whether or not Canada intends to consider constitutional amendments to give immediate effect to the declaration. I also wonder what Canada's endorsement means for processes such as implementing the Calls to Action of the Truth and Reconciliation Commission, and for incorporating free and prior, informed consent into the federal environmental assessment process. Mr. Speaker, for us to remain who we are, we must continue to do what we do, maintain our culture, speak our language, and be recognized at the regional, territorial, national, and international level to maintain our identity as Indigenous people.

Mr. Speaker, I recently travelled to Nairobi, Kenya to attend UNEA-2 to ensure Canada’s commitment to the UN Declaration on the Rights of Indigenous People. Later today I will have questions for the Premier regarding the GNWT’s response to Canada’s endorsement of the UN Declaration on the Rights of Indigenous Peoples. Quyanainni, Mr. Speaker.

---Applause

Speaker: MR. SPEAKER

Masi. Members’ statements. Member for Tu Nedhe-Wiilideh.