A/HRC/27/52/Add.2
10.
Constitutionally, the federal Government is responsible for the State’s relationship
with indigenous peoples, through Parliament’s jurisdiction over “Indians and lands reserved
for Indians”,6 which as of April 2014 includes Métis.7 Administratively, the management of
the relationship with indigenous peoples at the federal level is the responsibility of the
Minister of Aboriginal Affairs and Northern Development Canada (AANDC). Most
provinces also have ministries or departments of aboriginal affairs, which are heavily
involved in issues concerning social and economic policy and natural resource use, over
which the provinces have jurisdiction.
11.
In relation to its commitments internationally to protect the rights of indigenous
individuals and peoples, Canada is a party to the major United Nations human rights
treaties and, in 2010, reversing its previous position, it endorsed the United Nations
Declaration on the Rights of Indigenous Peoples.
12.
In 2008, Canada made a historic apology to former students of some Indian
residential schools, in which it expressed a commitment to healing and reconciliation with
indigenous peoples, and to forging a new relationship in which the Government and
indigenous peoples could move forward in partnership. Some action has been taken in this
regard, including the ongoing implementation of the Indian Residential Schools Settlement
Agreement, which was negotiated and agreed upon by former students, the churches that
ran the schools, the Assembly of First Nations, other aboriginal organizations and the
Government of Canada. A cornerstone of the Settlement Agreement was the creation of the
Truth and Reconciliation Commission to witness the experiences of government residential
school survivors, create a complete, accessible and permanent historical record of the
Indian residential school system and legacy, and promote public awareness of it. The
operating period of the Commission was recently extended for one year.
IV.
Principal human rights concerns
13.
Canada undoubtedly has in place, at both the federal and provincial levels, numerous
laws, policies and programmes aimed at addressing indigenous peoples’ concerns. Many of
them can be pointed to as good practices, at least in their conception, such as Canada’s
policy of negotiating modern treaties with aboriginal peoples and addressing their historical
claims. A full exposition of those laws, policies and programmes is beyond the scope of the
present report. Rather, the Special Rapporteur’s principal aim here is to highlight the
ongoing human rights concerns of indigenous peoples for which improvements are required
in existing government laws and policies.
14.
It is difficult to reconcile Canada’s well-developed legal framework and general
prosperity with the human rights problems faced by indigenous peoples in Canada, which
have reached crisis proportions in many respects. Moreover, the relationship between the
federal Government and indigenous peoples is strained, perhaps even more so than when
the previous Special Rapporteur visited Canada in 2004, despite certain positive
developments since then and the shared goal of improving conditions for indigenous
peoples.
6
7
6
Constitution Act, 1867, 30 & 31 Vict, c 3, s. 91(24).
See Daniels v. Canada, 2013 FC 6 (CanLII) (Federal Court) (upheld on appeal with respect to the
affirmation of Métis as “Indians” on 17 April 2014).