Aug 25, 2017
This week we continue our conversation with Roshan Danesh as it
shifts to explore the Canadian context.
North America Act
Section 35 of the Canadian Constitution
UN Declaration on the Rights of Indigenous Peoples
Sections 91 and
Section 92 of the Canadian Constitution
and Reconciliation Committee of Canada
The Canadian Government announced a setting a principled
foundation for advancing renewed relationships with Indigenous
Peoples based on the Recognition of Rights July 14, 2017
Read the full announcement
Summary of the Principles
The Government of Canada recognizes that:
- All relations with Indigenous peoples need to be based on the
recognition and implementation of their right to
self-determination, including the inherent right of
- Reconciliation is a fundamental purpose of section 35 of
the Constitution Act, 1982.
- The honour of the Crown guides the conduct of the Crown in all
of its dealings with Indigenous peoples.
- Indigenous self-government is part of Canada’s evolving system
of cooperative federalism and distinct orders of government.
- Treaties, agreements, and other constructive arrangements
between Indigenous peoples and the Crown have been and are intended
to be acts of reconciliation based on mutual recognition and
- Meaningful engagement with Indigenous peoples aims to secure
their free, prior, and informed consent when Canada proposes to
take actions which impact them and their rights on their lands,
territories, and resources.
- Respecting and implementing rights is essential and that any
infringement of section 35 rights must by law meet a high threshold
of justification which includes Indigenous perspectives and
satisfies the Crown’s fiduciary obligations.
- Reconciliation and self-government require a renewed fiscal
relationship, developed in collaboration with Indigenous nations,
that promotes a mutually supportive climate for economic
partnership and resource development.
- Reconciliation is an ongoing process that occurs in the context
of evolving Indigenous-Crown relationships.
- A distinctions-based approach is needed to ensure that the
unique rights, interests and circumstances of the First Nations,
the Métis Nation and Inuit are acknowledged, affirmed, and
Read the full principles more detail on each
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