Bill C-15: Another Promise Unfulfilled?

In 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP), which seeks to “[establish] a universal framework of minimum standards for the survival, dignity and well-being of the [I]ndigenous peoples of the world.” As one of his campaign promises, Prime Minister Justin Trudeau sought to implement UNDRIP into Canadian Federal legislation in order to establish a standardized system of human rights for Indigenous peoples within Canada. 

This piece of Canadian legislation, named Bill C-15, and aptly named, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, “requires [and unilaterally mandates] that all levels of government [federal, provincial and municipal] affirm Indigenous rights as protected by international human rights standards.” On June 16, 2021, The Senate of Canada passed Bill C-15. The Canadian Government notes on its website, that “[t]his Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing, and cooperative relations.” 

Canada, one of the four countries who opposed the original bill in the UN General Assembly in 2007, implemented this bill to establish a framework through which to strive towards reconciliation, decolonization, and healing. Bill C-15 requires the Canadian Government to “take all measures necessary to ensure the laws of Canada are consistent with the Declaration, prepare and implement an action plan to achieve the Declaration’s objectives, [and] table an annual report on progress to align the laws of Canada and on the action plan.” Moreover, the Act  requires that the Government work in cooperation and consultation with Indigenous peoples, in order to establish an action plan equipped to seriously consider those important Indigenous concerns moving forward. Bill C-15 outlines that the Action Plan must meet certain criteria in order for it be considered an acceptable course of action, including “[addressing injustices], combat[ing] prejudice and eliminat[ing] all forms of violence, racism and discrimination against Indigenous peoples, including elders, youth, children, persons with disabilities, women, men and gender-diverse and two-spirit persons.” It must also promote respect and understanding, foster good and productive relations, and promote human rights education. These are all honorable goals, and necessary steps in striving towards decolonization and reconciliation. One notices in contemporary times, though, the many ways through which Indigenous peoples are still considered second-rate citizens, and are systemically and structurally disadvantaged in Canada. 

Any standardized system of human rights should surely dictate that access to life-sustaining resources is not a privilege, but a right and necessity. The issue of safe drinking water on Indigenous reservations in Canada is one which ought to be discussed. Though work is being done to improve the access to clean drinking water on Indigenous reservations, efforts are insufficient, and many communities are still left with water advisories. A Canadian Government report from May 21, 2021 notes: “[m]uch work remains and projects are underway to address the remaining 53 long-term drinking water advisories in effect in 34 First Nations communities.''

 In order to remain in accordance with Bill C-15 and to truly establish a framework which promotes equality, mutually-positive relations, and increased amicability between Canadians and Indigenous peoples, the Canadian Government must commit to working with and listening to Indigenous peoples, who are are suffering as a result of the lasting structural implications of colonialism. 

As Andre Bear understands, Bill C-15 has been politically divisive, and many are left wondering whether or not they support the bill, or if it is just another empty promise made by the Canadian Government. Bear notes:

“It is an exciting but controversial time for Indian country. Many are split on whether they support Bill C-15, An Act Respecting the Implementation of the United Nations Declaration on the Rights of Indigenous Peoples, or whether they believe it is just another tool to colonize and assimilate their peoples under Canadian law…Many First Nations support Bill C-15…However, nearly every First Nation in Alberta has openly rejected the Bill, along with many Conservative governments across Canada [many Indigenous peoples believe that Bill C-15 is yet another instrument of oppression designed to subordinate and subjugate, and are understandably fearful of it].”

Bear goes on to note that Bill C-15 may be a way to create distance between the Canadian Government and the Indian Act, an archaic piece of legislation which for centuries has been mechanized into an instrument of oppression in the colonist toolbelt, and which continues to be the primary piece of legislation by which the federal government approaches Indigenous affairs. Bear notes: “Canada can take a step in the right direction by implementing Bill C-15 — which recognizes Indigenous sovereignty and self-determination — and then stepping out of our way.” 

In order for Bill C-15 to be considered in a positive light, the promises it outlines must be materially substantiated by the Canadian Government, or at a minimum, the government must continue to strive to hear the voices of Indigenous peoples, and work in close collaboration with them, to find solutions to the systemic problems which have arisen out of the legacy of colonialism. Moreover, the Canadian Government must be committed to having tough discussions about the atrocities committed in the past and must remain steadfast in educating all Canadian citizens about how to pursue decolonization and reconciliation in their own contexts.

Alexander Beck1 Comment