Summary:
The federal government has not created a Royal Proclamation of Reconciliation, issued by the Crown, nor has it formally repudiated the concepts of the Doctrine of Discovery and terra nullius.
The Call to Action:
We call upon the Government of Canada, on behalf of all Canadians, to jointly develop with Aboriginal peoples a Royal Proclamation of Reconciliation to be issued by the Crown.
The proclamation would build on the Royal Proclamation of 1763 and the Treaty of Niagara of 1764, and re-affirm the nation-to-nation relationship between Aboriginal peoples and the Crown. The proclamation would include, but not be limited to, the following commitments:
i) Repudiate concepts used to justify European sovereignty over Indigenous lands and peoples, such as the Doctrine of Discovery and terra nullius.
ii) Adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.
iii) Renew or establish Treaty relationships based on principles of mutual recognition, mutual respect and shared responsibility for maintaining those relationships into the future.
iv) Reconcile Aboriginal and Crown constitutional and legal orders to ensure that Aboriginal peoples are full partners in Confederation, including the recognition and integration of Indigenous laws and legal traditions in negotiation and implementation processes involving Treaties, land claims and other constructive agreements.
Analysis:
The federal government has not created a Royal Proclamation of Reconciliation, issued by the Crown, nor has it formally repudiated the concepts of the Doctrine of Discovery and terra nullius.
It has, however, passed Bill C-15, legislation that will begin the process of bringing Canadian law into alignment with the United Nations Declaration on the Rights of Indigenous People (UNDRIP).
In April 2022, the federal government committed $65.8 million over five years, and $11 million ongoing, to help implement Bill C-15.
Previously
In its December 2019 throne speech, the Trudeau government promised to introduce legislation within a year to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
In February 2018, Prime Minister Justin Trudeau said his government would develop a Recognition and Implementation of Indigenous Rights Framework, that will “ensure full and meaningful implementation of treaties and other agreements.”
In the 2018 federal budget, the government also committed $51.4 million over the next two years “to continue its support for federal and Indigenous participation in the Recognition of Indigenous Rights and Self-Determination discussion tables,” according to the 2018 federal budget news release.
Meanwhile, in May 2016, the federal government officially removed its objector status to the United Nations Declaration on the Rights of Indigenous Peoples.
As a result, in February 2017, the prime minister ordered a working group of ministers to review federal laws as they relate to Indigenous Peoples. Its mandate included implementing UNDRIP.
In November 2017, the Liberal federal government confirmed it would back an NDP private member’s bill that calls for full implementation of UNDRIP.
Bill C-262 would ensure all Canadian laws are consistent with UNDRIP and called for the creation of a “national action plan” that would ensure implementation across all jurisdictions. Bill C-262 passed third reading in the House of Commons in May 2018 but failed to pass the Senate before the 42nd Parliament sessions ended in June 2019.