How UNDRIP Changes Canada’s Relationship with Indigenous Peoples

Summary

The transcript discusses the ongoing challenges Indigenous peoples face in Canada, particularly regarding their rights and governance. It highlights historical injustices, such as the denial of human rights and sovereignty, and the evolution of the legal relationship between Indigenous peoples and the Canadian government. The speakers emphasize the importance of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in affirming self-determination, legal recognition, and the right to govern according to traditional laws. The discussion underscores the need for a shift away from colonial structures toward a more equitable and respectful partnership.

Takeaways

• 😀 Indigenous peoples in Canada have faced discrimination in the application of human rights, leading to the need for international recognition of their rights.
• 😀 The Canadian government historically denied Indigenous peoples' human rights, claiming they were the 'wrong kind of people,' perpetuating systemic discrimination.
• 😀 The United Nations General Assembly was instrumental in declaring that Indigenous peoples have the same human rights as all other people.
• 😀 Canada’s legal landscape regarding Indigenous peoples is complex, marked by a shift from a nation-to-nation relationship to one of sovereign-to-subject.
• 😀 The relationship between Indigenous peoples and Canada is not the same as that of citizens to the government, due to the distinct history of Indigenous peoples in Canada.
• 😀 Canada has not yet recognized Aboriginal self-government rights, unlike the United States, due to narrow court interpretations of Aboriginal rights.
• 😀 The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) changes Canada’s relationship with Indigenous peoples by emphasizing the duty to consult and ensuring free, prior, and informed consent.
• 😀 UNDRIP aims to recognize Indigenous peoples' self-determination, acknowledging their governance systems, laws, and relationships with lands and waters.
• 😀 The goal of UNDRIP is to create space for Indigenous peoples to live according to their own legal traditions and make decisions based on their individual needs.
• 😀 The federal government’s role is complicated by UNDRIP’s guarantee of self-determination, with Indigenous communities being entitled to govern themselves in ways that suit them best.
• 😀 The UN Declaration provides a mechanism for Indigenous peoples to challenge the colonial heritage embedded in Canada’s constitutional order, promoting a shift in how Indigenous rights are viewed and respected.

Q & A

What historical event led to Indigenous peoples' denial of human rights in Canada?

Indigenous peoples in Canada were denied human rights when the Canadian government argued that they were 'the wrong kind of people' for those rights. This discrimination led to the struggle for international recognition of their human rights, culminating in the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

How did the relationship between Indigenous peoples and Europeans evolve over time?

Initially, Indigenous peoples and Europeans interacted on a nation-to-nation basis with mutual respect. However, as the 19th century progressed, this relationship shifted from one of equality to one where Indigenous peoples were treated as subjects under the sovereignty of the Canadian government.

What is the significance of the shift from a 'nation-to-nation' relationship to a 'sovereign-to-subject' relationship?

This shift marked the erosion of the mutual respect and partnership that initially characterized Indigenous-European interactions. It highlights the colonial dynamics that undermined Indigenous governance and rights, laying the foundation for ongoing legal and political struggles for recognition and self-determination.

What legal barriers exist in Canada to recognizing Indigenous self-government?

Canada has never fully recognized an Aboriginal right to self-government. The courts have narrowly interpreted Aboriginal rights, focusing on customs, traditions, and practices, which makes the argument for self-government seem too broad and difficult to legally recognize.

How does the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) impact Canada’s legal obligations?

UNDRIP introduces a duty for the Canadian government to consult Indigenous peoples meaningfully, with an emphasis on free, prior, and informed consent when exercising powers that affect Indigenous peoples' lands, territories, and rights. It changes the legal relationship by requiring the government to respect Indigenous self-determination and governance.

What does free, prior, and informed consent mean in the context of UNDRIP?

Free, prior, and informed consent refers to the obligation of the Canadian government to seek the consent of Indigenous peoples before undertaking activities that affect their lands and resources. This consent must be given voluntarily, informed by all relevant information, and obtained before any activities begin.

Why is UNDRIP considered a mechanism for recognizing Indigenous self-determination?

UNDRIP affirms that Indigenous peoples have the right to self-determination, including the right to govern themselves according to their own laws and traditions. It seeks to address the historical denial of these rights by providing a framework for recognition and respect for Indigenous governance.

What role does UNDRIP play in addressing the colonial legacy in Canada?

UNDRIP provides a framework for challenging the colonial legacy by calling for the recognition of Indigenous governance systems and rights. It shifts the legal and political discourse away from colonial models and supports Indigenous peoples in asserting their rights to self-determination and control over their lands.

What is the core challenge the Canadian government faces in light of UNDRIP’s recognition of self-determination?

The core challenge is determining how the Canadian government should respect and facilitate Indigenous self-determination without undermining its sovereignty. This includes addressing the question of how to reconcile Indigenous governance with the existing legal and political structures of Canada.

What is the primary goal of the Declaration as discussed by the participants in the transcript?

The primary goal of the Declaration, as discussed, is to create space for Indigenous peoples to live according to their own legal traditions and make decisions that reflect their individual and collective needs. It seeks to ensure that Indigenous governance and rights are respected by states and governments.