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G21-P038 Align Canada’s Constitution with UNDRIP

Official proposal

05/06/2021 12:23

Submitter Name

Lorraine Rekmans

Ratification Vote Results: Adopted

Proposal

GPC will enable Constitutional amendments, in full consultation with Indigenous Nations which have legal status, rights and sovereignty. GPC will support adequate resource allocation for Indigenous Nations to participate in these talks, based on principles of Free, Prior and Informed Consent. GPC will recognize constitutionally autonomous Indigenous governments.

Objective

Amend Canada's Constitution to recognize the legal status of Indigenous Nations and their rights, including the right to form autonomous governments, manage their titled lands, while addressing Canada's responsibility to fulfill treaty obligations and aligning the Constitution with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) so that Canada is able to recognize the legal status of Indigenous Nations and their rights, including the right to form autonomous governments and manage their titled lands.

Benefit

Canada can fulfill its legal and treaty obligations to the Indigenous Nations of Canada by fully implementing the principles within UNDRIP. There is an opportunity for national laws and policies to be consistent with and/or exceed UNDRIP standards. Deficiencies and constraints of the Canadian Constitution can be overcome.

Supporting Comments from Submitter

Canada's Constitution was amended in 1982 to incorporate Section 35, which recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada, yet fails to define or describe rights, or Canada's treaty obligations. In 1982 the Constitution in Section 35 (2), described the aboriginal peoples of Canada as including the Indian, Inuit and Métis peoples of Canada. Since 1982, Supreme Court decisions have continued to expand the definition of Indigenous peoples, and their rights as being beyond what the Constitution describes. Recently, in Wet'suwet'en territory, a traditional national government emerged to speak for the nation's interest in the territory.

The Constitution of Canada is deficient in that it recognizes "Indians" but not Nations. The term "Indians" is a colonial construct created and defined by the Indian Act which created Indian Act Band Councils who report only to the Minister of Indigenous Services. Canada's constitution makes no mention of nations. The Articles and principles within UNDRIP have moved far beyond the limitations and deficiencies in Canada's Constitution and the two documents are incompatible meaning Canada will not be able to adequately implement UNDRIP and reconcile through nation to nation relationships.

The Green Party of Canada has approved motions to implement the recommendations made by the Royal Commission on Aboriginal Peoples (S16-P001), has adopted a motion supporting the Rebuilding and Recognition of Original Indigenous Nations (S16-P002), and has adopted a motion to Repudiate the Doctrine of Discovery (S16-P004). This motion to amend Canada's Constitution has evolved from the foundations of these earlier motions to recognize the legal status of and inherent rights of Indigenous Peoples in Canada.

The GPC supports implementing all calls to action made in the Truth and Reconciliation

Commission report, the calls for justice from the Missing and Murdered Indigenous Women and Girls inquiry, and all Articles in the United Nations Declaration on the Rights of Indigenous Peoples.