|
Canada & The UN Declaration on the Rights of Indigenous Peoples
This book provides guidance on Canada’s constitutional framework for Indigenous rights, the UNDRIP, and how these regimes interact with each other, including the uncertainties that remain in this rapidly developing area of Aboriginal law.
Langue de publication: English
Publié: 21 novembre 2025
Éditeur: LexisNexis Canada
On September 13, 2007, the United Nations General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) – a landmark achievement that spans over two decades of work. The UNDRIP establishes the minimum standards for the dignity, survival, and well-being of Indigenous peoples while setting clear responsibilities for states in upholding these standards.
In 2016, Canada committed to integrating the UNDRIP into its framework in line with the Canadian Constitution. Since then, British Columbia, the Northwest Territories and Canada (federal government) have enacted legislation aimed at realizing this commitment and paving the way toward true, lasting reconciliation. However, these significant legal advances raise important questions:
- What do these legislative enactments mean in practice for Indigenous peoples?
- How will potential incompatibilities and inconsistencies between Canada’s constitutional framework and the UNDRIP be resolved?
- How are Canadian courts addressing these challenges?
Canada & the UN Declaration on the Rights of Indigenous Peoples by Thomas Isaac and Grace Wu offers a commentary on Canada’s relationship with the UNDRIP. It traces this relationship from the UN’s development of the UNDRIP, through Canada’s evolution of its position on the UNDRIP over time, to Canada’s current and ongoing efforts to implement the UNDRIP’s standards.
The book seeks to provide practitioners, scholars, and others who operate in the field of Aboriginal law with guidance on Canada’s constitutional framework for Indigenous rights, the UNDRIP, and how these regimes interact with each other, including the uncertainties that remain in this rapidly developing area of Aboriginal law.
Who Should Read This Book
- Aboriginal lawyers, constitutional lawyers and international lawyers whose practice pertains to Indigenous peoples and Indigenous rights
- Judges and adjudicators who render legal decisions in the areas of Aboriginal and constitutional law
- Tribunals, government agencies and government personnel wishing to learn about the UNDRIP and its implications for their work
- Professors and law students studying aboriginal law, constitutional law and international law courses
- Law libraries looking for a comprehensive resource on the UNDRIP
Preface
Chapter 1: History of the UNDRIP
§ 1.01 Introduction
§ 1.02 Precursors to the UNDRIP
§ 1.03 Development of the UNDRIP
§ 1.04 Adoption of the UNDRIP
Chapter 2: The UNDRIP
§ 2.01 Introduction
§ 2.02 Structure of the UNDRIP
§ 2.03 Content of the UNDRIP
Chapter 3: Canada’s Relationship with the UNDRIP
§ 3.01 Introduction
§ 3.02 Evolution of Canada’s Position on the UNDRIP
§ 3.03 Canada’s Efforts to Implement the UNDRIP
§ 3.04 Critique of Canada’s Efforts to Implement the UNDRIP
Chapter 4: Canada’s Constitutional Framework & the UNDRIP
§ 4.01 Introduction
§ 4.02 Canada’s Constitutional Framework for Indigenous Rights
§ 4.03 Challenges for Domestic Efforts to Implement the UNDRIP
§ 4.04 Opportunities for Domestic Efforts to Implement UNDRIP
Chapter 5: Canadian Jurisprudence on the UNDRIP
§ 5.01 Introduction
§ 5.02 Canadian Jurisprudence on the UNDRIP
§ 5.03 Themes from Canadian Jurisprudence on the UNDRIP
Chapter 6: Looking Ahead
§ 6.01 Introduction
§ 6.02 Challenges & Opportunities
§ 6.03 Canada’s Nascent Understanding of the Law Around the UNDRIP
§ 6.04 Reconciliation
Appendices
Appendix A – Indigenous and Tribal Populations Convention, 1957 (No. 107)
Appendix B – Indigenous and Tribal Peoples Convention, 1989 (No. 169)
Appendix C – United Nations Declaration on the Rights of Indigenous Peoples
Appendix D – Declaration on the Rights of Indigenous Peoples Act
Appendix E – Bill C-262, An Act to ensure that the Laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples
Appendix F – United Nations Declaration on the Rights of Indigenous Peoples Act
Appendix G – United Nations Declaration on the Rights of Indigenous Peoples Implementation Act
Table of Cases
Index
