UNDRIP is Law, the Time for Meaningful Action is Now
by Kajia Eidse-Rempel
On June 16, 2021, the Senate passed legislation that commits Canada to taking “all measures necessary” to align Canadian laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). British Columbia passed similar legislation back in November 2019.
As we pointed out in an earlier article, the enactment of these statutes marks the beginning of a process, not the end. The statute itself merely affirms what many continue to point out: UNDRIP is already part of Canadian law. Canadian courts and tribunals have already been relying on UNDRIP to help interpret and apply domestic laws. For instance, in the Canadian Human Rights Tribunal litigation that found Canada guilty of discrimination against Indigenous children, which Canada was in court appealing the same week the Senate passed this legislation to align with UNDRIP in an effort to deny Indigenous children compensation if they don’t have Indian Act status.
The statute affirms that the doctrines of discovery and terra nullius “are racist, scientifically false, legally invalid, morally condemnable and socially unjust”. This is welcome news, since these reprehensible doctrines have been relied on by our highest court to explain how European colonizers “acquired sovereignty” over this land. But where does this leave the families and communities that are suffering from the impacts of those very same doctrines as mass, unmarked graves of children are being uncovered at residential school sites? Where is the proof that what has changed is more than the language being used to justify racist, scientifically false, legally invalid, morally condemnable and socially unjust actions?
What is desperately needed now is not more flowery language and unfulfilled promises, but action and meaningful change on the ground. This message was powerfully driven home in the farewell speech delivered on June 15 by NDP member of Parliament and Inuk woman, Mumilaaq Qaqqaq. Explaining her reasons for not running for re-election, she said:
“Maybe it is impossible for ministers to understand what we go through every day, but I am urging you—telling you—to listen, believe us and do something about it. When we tell you to act now, you need to act now. And if you ‘understand’, then shame on you. Because if you understand how much this hurts, you understand how deep it cuts. It would be easier for me to be told that I am wrong and that you disagree, than to be told I am right and I am courageous, but there is no room in your budget for basic, basic human rights that so many others take for granted. As long as these halls echo with empty promises instead of real action, I will not belong here”.
Fighting against and within a colonial system can grind you down. Our governments need to show us. They need to show us they are listening and that they are doing something about the perpetuation of injustice against Indigenous people. Stop buying pipelines and start investing in our current and future generations.