The recognition of the rights of Indigenous peoples affirmed in Canada's Constitution is a fundamental element of Crown-Indigenous relationships.
Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, announced the next phase of consultation and cooperation with Indigenous peoples on non-derogation clauses.
The Government of Canada is releasing a draft legislative proposal that would amend the federal Interpretation Act to include a non-derogation clause associated with upholding section 35 Aboriginal and treaty rights which would apply to all federal laws.
A non-derogation clause is a statement in a law or piece of legislation that indicates the law should be interpreted to uphold, and not diminish, other existing rights - in this case, the rights of First Nations, Inuit and Métis affirmed by section 35 of the Constitution Act, 1982.
In 2022, Justice Canada began a consultation and cooperation process with Indigenous partners regarding the use of non-derogation clauses in federal laws.
First Nations, Inuit and Métis are invited to review the draft legislative proposal and provide feedback by email or using an online submission form. In addition, meetings will continue with Indigenous partners on related measures to clarify that all federal laws should be interpreted to uphold Aboriginal and treaty rights. The draft legislative proposal will remain online and open for comments until April 14, 2023.
Together, in the spirit of reconciliation and guided by the United Nations Declaration on the Rights of Indigenous Peoples Act, these next steps will affirm the rights of Indigenous peoples and support stronger nation-to-nation, Inuit-Crown, government-to-government relationships.
