United Nations Declaration on the Rights of Indigenous Peoples Act

Legislative History and Path to Law

The legislative journey to implement UNDRIP in Canada was complex and spanned over a decade. The United Nations General Assembly adopted UNDRIP in 2007, with Canada voting against it under the Conservative government of Stephen Harper. In November 2010, the Conservative government reversed its position, declaring support for the declaration as an aspirational document. A more significant shift came in May 2016 when Crown-Indigenous Relations Minister Carolyn Bennett announced Canada's removal of its objector status to UNDRIP at the United Nations. The first major parliamentary effort was Bill C-262, a private member's bill introduced by NDP MP Roméo Saganash in April 2016 to implement UNDRIP. Although the Liberal government initially called such implementation unworkable, it later endorsed the bill. Bill C-262 ultimately died in the Senate in 2019 following a Conservative filibuster.

Following the 2019 federal election, the Liberal government's throne speech promised to implement UNDRIP within a year. The resulting government bill, C-15, was introduced by Justice Minister David Lametti on December 3, 2020. The bill used Saganash's Bill C-262 as its foundation but added new provisions developed in collaboration with the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council. The bill's passage through Parliament involved significant Indigenous advocacy and key parliamentary steps. On March 9, 2021 an open letter by the Grand Council of the Crees (Eeyou Istchee) in support of the bill was published in The Hill Times. The letter's full list of signatories comprised 37 Indigenous Nations, governments, and other organizations, as well as 125 human rights advocates.

• March 11, 2021: The Standing Committee on Indigenous and Northern Affairs (INAN) held its first meeting on the bill, hearing from witness Roméo Saganash.
• April 26, 2021: The INAN committee produced its report with amendments, including references to systemic racism and that doctrines of discovery and terra nullius are racist.
• June 10, 2021: The Standing Senate Committee on Aboriginal Peoples released its report on the bill with observations but no amendments.
• June 16, 2021: The Senate passed the bill's third reading without amendment.
• June 21, 2021: Bill C-15 received Royal Assent and immediately came into force as law.

Key Provisions and Requirements

The United Nations Declaration on the Rights of Indigenous Peoples Act creates a durable framework for implementing UNDRIP at the federal level. Its primary purpose is to affirm UNDRIP as an international human rights instrument that can help interpret and apply Canadian law. The Act does not directly create new standalone rights but sets in motion a process to harmonize existing federal statutes with the declaration's standards. A core obligation is the requirement for the federal government to take all measures necessary to ensure the consistency of Canadian laws with UNDRIP, in consultation and cooperation with Indigenous peoples. This process explicitly must respect Aboriginal and Treaty rights recognized in section 35 of the Constitution Act, 1982.

The legislation mandates two concrete, time-bound mechanisms to ensure progress and accountability. First, it required the government to prepare and implement an action plan to achieve the declaration's objectives. This action plan had to be developed as soon as possible and no later than two years after the Act came into force, a deadline met with the plan's release on June 21, 2023. Second, the Act requires the Minister of Justice to prepare and table an annual report on progress made. This report must be developed in consultation and cooperation with Indigenous peoples and laid before Parliament on or before June 30 each year. The Act also requires that the development of the action plan and annual reports involve broad and inclusive engagement with Indigenous rights holders, modern treaty nations, and representative organizations, including those representing women, youth, and 2SLGBTQQIA+ persons.

The Action Plan and Implementation Framework

Pursuant to the Act's requirements, the Government of Canada released the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan on June 21, 2023. The plan outlines the federal government's strategy for aligning laws, policies, and programs with UNDRIP over time. It was developed through formal engagement processes with First Nations, Inuit, and Métis partners, though its draft version received a notably chilly reception at a meeting of the Assembly of First Nations prior to its finalization. The action plan is intended to be a living document, subject to review and amendment in ongoing collaboration with Indigenous peoples.

The action plan includes specific measures across numerous policy areas aimed at achieving the objectives of UNDRIP. According to the Act's stipulations, the plan must include measures to address injustices, combat prejudice, and eliminate all forms of violence and discrimination against Indigenous peoples. It must also include measures for monitoring the implementation of the plan itself and for its periodic review and renewal. The plan assigns roles and responsibilities across all federal departments, signalling that implementation is a whole-of-government effort. The release of the action plan marked the transition from establishing the legislative framework to the operational phase of implementing UNDRIP's 46 articles within the Canadian context.

The Principle of Free, Prior and Informed Consent

A central and often debated element of both UNDRIP and the Canadian Act is the principle of free, prior and informed consent (FPIC). The Act requires the government to work towards this standard in its relations with Indigenous peoples, particularly concerning decisions that affect them, their communities, and their territories. FPIC is described in government materials as a process that must be free from manipulation or coercion, informed by adequate and timely information, and occur sufficiently prior to a decision so that Indigenous rights and interests can be incorporated effectively. The Act itself, however, does not provide a statutory definition for FPIC, a point that has been a source of both debate and concern.

The lack of a clear legislative definition for FPIC has led to varied interpretations and significant discussion. Some critics, including certain Indigenous leaders and politicians, have expressed concern that without a defined veto power, FPIC may not constitute true consent. Others have feared that a strict interpretation could allow individuals to veto developments deemed to be in the national interest. The government's position is that FPIC is about collaborative processes and achieving consensus, not about a unilateral veto. This principle is intended to be applied through the development of consent-based processes and agreements over time, as part of the broader action plan and law alignment work mandated by the Act.

Reception and Criticism

The United Nations Declaration on the Rights of Indigenous Peoples Act has received a mixed response since its introduction, with support from many national Indigenous organizations and criticism from others. The bill was heavily praised by the Cree Nation government, which described it as key to reconciliation. The United Nations Special Rapporteur on the rights of Indigenous Peoples, Pedro Arrojo-Agudo, later described the legislation as a benchmark for international leadership. The Act was supported by the Assembly of First Nations under then National Chief Perry Bellegarde, who welcomed the legislation while acknowledging it was not perfect.

Substantial criticism has also been voiced by several First Nation governments, particularly in Alberta, as well as by conservative provincial governments. The Indigenous rights organization Idle No More rejected the bill outright, asserting it is an attack on Indigenous sovereignty and self-determination. Academic critic Wendy Lynn Lerat, in an opinion piece for CBC, described the Act as smoke and mirrors for decolonization, questioning its tangible impacts. Russ Diabo, a former advisor to two national chiefs at the Assembly of First Nations, criticized the bill's lack of Indigenous consultation and claimed it uses language designed to mislead Indigenous people. The concerns often centre on the lack of a veto in FPIC, the potential for the government to control the interpretation process, and whether the Act will lead to substantive change beyond policy statements.

Related and Subsequent Developments

The federal UNDRIP Act exists alongside similar provincial legislation and has influenced discussions internationally. The province of British Columbia passed the Declaration on the Rights of Indigenous Peoples Act in 2019, creating a parallel framework for provincial law alignment. The federal Act also responds directly to specific national calls for justice, including the Truth and Reconciliation Commission's Call to Action 43 and the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls for Justice. In a further development on March 20, 2025, the Minister of Justice and Attorney General of Canada announced the establishment of the United Nations Declaration on the Rights of Indigenous Peoples Implementation Secretariat, a new body to coordinate the government's work.

The Act's principles have also been tested in corporate and financial contexts. In 2023, shareholders of the Royal Bank of Canada rejected proposals that would have required the bank to set absolute emissions targets for 2030, restrict financing for fossil fuel expansion projects, and align its activities with UNDRIP. Internationally, the Canadian law has served as a reference point. In Australia, Senator Lidia Thorpe introduced a private member's bill with provisions similar to Canada's UNDRIP Act, and a parliamentary committee recommended the federal government implement the declaration. These developments indicate the Canadian legislation is being watched as a model, albeit an imperfect one, for other states with Indigenous populations. Key entities involved in the Act's development and ongoing implementation include several major national Indigenous organizations.

• Assembly of First Nations (AFN)
• Inuit Tapiriit Kanatami (ITK)
• Métis National Council (MNC)
• Grand Council of the Crees (Eeyou Istchee)
• Modern treaty and self-governing nations
• Indigenous women’s and youth organizations
• 2SLGBTQQIA+ Indigenous persons' representatives
• Urban Indigenous organizations

Questions about United Nations Declaration on the Rights of Indigenous Peoples Act

What is the United Nations Declaration on the Rights of Indigenous Peoples Act?

The United Nations Declaration on the Rights of Indigenous Peoples Act is a federal law that came into force in Canada on June 21, 2021. It creates a legal framework requiring the Government of Canada to align federal laws with the United Nations Declaration on the Rights of Indigenous Peoples. The Act mandates the development of an action plan and annual progress reports, all in consultation with Indigenous peoples. Its purpose is to advance reconciliation and implement the minimum standards for Indigenous rights, dignity, and well-being outlined in UNDRIP.

What does 'free, prior and informed consent' mean in the Act?

Free, prior and informed consent (FPIC) is a key principle from UNDRIP that the Act requires the government to work towards. It describes processes for engaging with Indigenous peoples on decisions affecting them. These processes must be free from coercion, informed by adequate and timely information, and occur sufficiently prior to a decision to allow for meaningful input. The Act itself does not provide a statutory definition of FPIC, leading to ongoing discussion about its practical application, including whether it implies a veto power over projects on Indigenous territories.

What was the Action Plan and when was it released?

The Action Plan is a comprehensive strategy mandated by the Act to achieve the objectives of UNDRIP in Canada. It was released by the Government of Canada on June 21, 2023, exactly two years after the Act came into force, meeting the legislative deadline. The plan outlines measures across various policy areas to align federal laws, policies, and programs with the declaration. It was developed through engagement with Indigenous partners and is intended to be a living document that will be reviewed and updated over time.

How does this Act relate to the Truth and Reconciliation Commission?

The Act is a direct response to the Truth and Reconciliation Commission's Call to Action 43, which called upon all levels of government to fully adopt and implement UNDRIP as the framework for reconciliation. The preamble of the Act explicitly references this commitment. It also responds to Calls for Justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls. By creating a legislative framework for implementing UNDRIP, the government aims to address these foundational recommendations for systemic change.

Did all Indigenous groups support this law?

No, support for the Act was mixed among Indigenous groups and leaders. It was supported by the Assembly of First Nations under Chief Perry Bellegarde, the Cree Nation government, and 37 Indigenous Nations and governments who signed an open letter in 2021. However, it faced significant criticism from other quarters. Several First Nation governments in Alberta, the Indigenous rights organization Idle No More, and critics like Russ Diabo rejected the bill, arguing it could undermine sovereignty and would interpret UNDRIP through a colonial legal framework rather than international law.

What are the government's ongoing obligations under the Act?

The government has ongoing, legally mandated obligations under the Act. It must continue taking measures to ensure federal laws are consistent with UNDRIP, in consultation and cooperation with Indigenous peoples. It must prepare and table an annual report in Parliament on or before June 30 each year, detailing progress on implementation and the action plan. The government is also required to review and renew the action plan as needed. All federal departments have roles in this implementation, making it a sustained, whole-of-government effort.

Sources and further reading

• United Nations Declaration on the Rights of Indigenous Peoples Act (Wikipedia)
• United Nations Declaration on the Rights of Indigenous ... (justice.gc.ca)
• United Nations Declaration on the Rights of Indigenous ... (laws-lois.justice.gc.ca)
• The United Nations Declaration on the Rights of ... (humanrights.ca)

Checked by the Nosy Mag desk. Last updated 2026-11-02.