The United Nations Declaration on the Rights of Indigenous Peoples and Canadian Law

Abstract

Abstract This chapter begins with a brief history of the Canadian government’s mistreatment of Indigenous people and an overview of the legal frameworks governing Indigenous rights in Canada. Broadly speaking, aboriginal rights are sui generis, or unique, rights held by aboriginal peoples ‘by reason of the fact that aboriginal peoples were once independent, self-governing entities in possession of most of the lands now making up Canada’. Treaty rights arise from treaties or land agreements between Indigenous groups and the Canadian government. The chapter then presents a background of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), focusing on its core principles of free, prior, and informed consent (FPIC) and the corresponding duty to consult. It also examines potential issues and tensions that may arise in adopting UNDRIP as domestic law in Canada. Finally, the chapter looks ahead and discusses strategies to build partnerships between Indigenous groups and the Canadian government as a path forward to achieving reconciliation.