Trudeau Government, UNDRIP, T&C

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Pondering
Trudeau Government, UNDRIP, T&C

TBC

 

http://www.nationalobserver.com/2016/04/27/opinion/first-nations-target-...

The relevance and impacts of implementation of UNDRIP, particularly article 19 which states the following:

States shall consult and cooperate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

This is of particular importance considering provincial, national, and international talks on combating climate change and developing strategies for curbing carbon emissions while equalizing global economies. A task many countries and leaders are struggling to reconcile, given current economic structures are so reliant on systems vastly contributing to growing greenhouse gas emissions. Alberta and Canada know this all too well.

...

Canada’s failures to respect Indigenous peoples has been documented through the Report of the Royal Commission on Aboriginal Peoples (1996); Report of the Special Rapporteur on the rights of Indigenous peoples – James Anaya (2014); and Honouring the Truth, Reconciling for the Future – Summary of the Final Report Truth and Reconciliation Commission of Canada (2015), just to name a few.

The Trudeau government’s National Climate Strategy process brings together federal, provincial and territorial leaders to chart the way forward for Canada on climate change leaving First Nations on the periphery once again. Prime Minister Trudeau’s commitment to have the provinces lead on some of these policies — for example the establishment of carbon pricing, setting a cap on emissions in their provincial jurisdiction, or investments in green infrastructure — is at odds with the federal government's commitment to ratify the United Declaration on the Rights of Indigenous Peoples (UNDRIP).

Here's why:

  • The federal government devolves its fiduciary and legal obligations including the duty to consult over energy and climate policy to the provincial governments. Provincial governments assert jurisdiction over natural resources and extraction and by default climate change targets, carbon pricing and land management via the natural resources transfer act (NRTA). However, the NRTA itself was developed in isolation of First Nation participation and does not uphold foundations of UNDRIP including FPIC and erodes Indigenous control over Indigenous lands.
  • The provincial governments benefit from this erosion of First Nations sovereignty by not recognizing the duty to consult with First Nations saying it's a federal responsibility, not theirs. This passing of the buck on consultation leaves First Nations in grey area of where to assert jurisdictional rights while industry and government continue business as usual.
  • When First Nations raise alarms over concerns about resource extraction or climate change and their subsequent policies infringing on their rights, the provinces just pass the buck right back to the Feds leaving the rights of Indigenous peoples in a black hole.

mark_alfred

Romeo Saganash recently tabled Bill C-262, which is legislation to ensure that the laws of Canada respect the UN Declaration on the Rights of Indigenous Peoples.  This is the second time he's tabling this bill.  The first time he tabled it (during the Con majority), it was supported by both the Greens and the Liberals.  So it will be interesting to see if the Liberals support it this time around. 

Some more details here:  http://romeosaganash.ndp.ca/bill-c-262

Progress on the bill can be followed here:  http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billI...

swallow swallow's picture

Vitally important bill from Saganash, yes. Previous discussion of this issue is [url=http://rabble.ca/babble/aboriginal-issues-and-culture/nation-to-nation-i....

epaulo13 epaulo13's picture

..while the bill from saganash is important there is no enforcement mechanisms. because of this many countries ignore undrip or with semantics this can be drawn out for long periods of time. i wondered why the ndp wasn't calling for an end to the indian act which is more to the point here in canada. being a bit synical i suspect it because the can call the libs on it without threatening provinces such as alberta.

epaulo13 epaulo13's picture

..when and how exactly will this take place. after the extraction is complete? why not start where the first nations are facing abuse from the tar sands project?

..video starts at around the 15:50 min mark

Justice minister says government will get rid of the Indian Act ‘one community at a time’

quote:

Speaking on APTN’s Nation to Nation, Wilson-Raybould briefly outlined her plan after giving an impassioned speech during an emergency debate in the House of Commons on the crisis in the Cree community of Attawapiskat. There she offered the first glimpse of the Liberal plan to abolish the Indian Act and emphasized the importance of “meaningful, substantive change.”

“There are no quick fixes to these issues,” said Wilson-Raybould.

mark_alfred

swallow wrote:

Vitally important bill from Saganash, yes. Previous discussion of this issue is [url=http://rabble.ca/babble/aboriginal-issues-and-culture/nation-to-nation-i....

Thanks.  Wasn't aware of the previous similar thread.

Pondering

swallow wrote:

Vitally important bill from Saganash, yes. Previous discussion of this issue is [url=http://rabble.ca/babble/aboriginal-issues-and-culture/nation-to-nation-i....

Sorry about that Swallow. I didn't realize this thread was so similar to the other. I just didn't want this lost in the "Trudeau promises" thread. I don't get how people fine older threads in general. Whenever I use the search function I get all kinds of general links to articles.

swallow swallow's picture

The search function sucks. I google [term] + site:rabble.ca when looking for anything. What I had in mind with the other thread was tracking this vital issue over time. Much too important to get lost in "Trudeau promises," I agree. 

Unionist

swallow wrote:

The search function sucks. I google [term] + site:rabble.ca

Better is [term] + site:rabble.ca/babble - that avoids blogs, columns, etc.

If you know you're looking for very old threads, you can use site:archive.rabble.ca plus your search term(s).

The rabble search function lists babble threads last, I think, after all possible other items.