A/HRC/27/52/Add.2
I. Introduction
1.
In the present report, the Special Rapporteur on the rights of indigenous peoples
examines the human rights situation of indigenous peoples in Canada on the basis of
research and information gathered from various sources, including during a visit to Canada
from 7 to 15 October 2013. The visit was a follow-up to the 2004 visit to and report on
Canada by the previous Special Rapporteur (E/CN.4/2005/88/Add.3). During his visit, the
Special Rapporteur met with government officials at the federal level and at the provincial
level in six provinces. The Special Rapporteur would like to express his appreciation for the
support of the Government of Canada and of the indigenous individuals, nations and
organizations that provided indispensable assistance in the planning and coordination of the
visit.
II. Background and context
2.
Over 1.4 million of Canada’s overall population of approximately 32.9 million (4.3
per cent) are indigenous, or in the terminology commonly used in Canada, aboriginal.
Around half of these are registered or “status” Indians (First Nations), 30 per cent are
Métis, 15 per cent are unregistered First Nations, and 4 per cent are Inuit.1 There are
currently 617 First Nations or Indian bands in Canada representing more than 50 cultural
groups and living in about 1,000 communities and elsewhere across the country. Canada’s
indigenous population is younger and faster-growing than the rest of the Canadian
population.
3.
The history of indigenous peoples’ relationship with Europeans and Canada has
positive aspects, such as early political and military alliances and policies of coexistence,
the Royal Proclamation of 1763 and the related policy of the British Crown of seeking
formal permission and treaty relationships with indigenous peoples before permitting
settlement in their territories. There are approximately 70 recognized pre-1975 treaties that
form the basis of the relationship between 364 First Nations, representing over 600,000
First Nations people, and Canada. In addition, 24 modern treaties are currently in effect.
4.
However, there have also been notable episodes and patterns of devastating human
rights violations, including the banning of expressions of indigenous culture and religious
ceremonies; exclusion from voting, jury duty, and access to lawyers and Canadian courts
for any grievances relating to land; the imposition, at times forcibly, of governance
institutions; and policies of forced assimilation through the removal of children from
indigenous communities and “enfranchisement” that stripped indigenous people of their
aboriginal identity and membership. Most of those policies were executed through the
Indian Act, a statute with nineteenth century origins. A rigidly paternalistic law at its
inception, it continues to structure important aspects of Canada’s relationship with First
Nations today, although efforts at reform have slowly taken place.
5.
A particularly distressing part of the history of human rights violations was the
residential school era (1874-1970s, with some schools operating until 1996), during which
indigenous children were forced from their homes into institutions, the explicit purpose of
which was to destroy their family and community bonds, their languages, their cultures and
even their names. Thousands of indigenous children did not survive the experience and
1
4
Aboriginal Affairs and Northern Development Canada, “Aboriginal demographics from the 2011
National Household Survey” (numbers are rounded), available from www.aadncaandc.gc.ca/eng/1370438978311/1370439050610.