Evidence of meeting #101 for Indigenous and Northern Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was undrip.
A recording is available from Parliament.
5:25 p.m.
Liberal
Gary Anandasangaree Liberal Scarborough—Rouge Park, ON
Thank you, Madam Chair.
Thank you to the panel for joining us today.
Professor Napoleon, is UNDRIP part of indigenous law? It came together over an almost three-decade process. Do you think UNDRIP as a body of law addresses all the issues we can currently canvass with respect to the challenges that we have in Canada right now?
5:25 p.m.
Prof. Val Napoleon
As you've pointed out, UNDRIP is the result of decades of work by many people, including many indigenous peoples, and I think it's important when looking at indigenous law to understand that it changes with the times, according to the circumstances of the day. We have historical legal institutions and law as well as contemporary institutions and law, and people will continue to act on legal obligations through whatever forms are available.
As a tiny example of that, some of the justice initiatives in Canada look like regular justice initiatives, but when you ask people the why of what they're doing, talking to elders and many other people, they talk about the legal obligations they're trying to fulfill to the next generation, to the land, and to one another.
I think it would be a very interesting question to take UNDRIP today through an indigenous legal process and to look at whether it allows people to act on the legal obligations from their legal orders, and whether it informs decisions, because I think it will enable people to learn and change and continue to manage their affairs.
5:25 p.m.
Liberal
Gary Anandasangaree Liberal Scarborough—Rouge Park, ON
Both of you mentioned the term “aspirational”, and I think you probably used it in different contexts. What do you mean by that? Often when we hear the word “aspirational”, it's almost as though it's not doable. It's a dream and to some extent it's abstract, and while we can look in that direction, we're not going to get there.
Do you believe that UNDRIP is aspirational in that sense, or is it aspirational in the sense that it's available and we can achieve the principles in UNDRIP?
5:25 p.m.
Prof. Val Napoleon
Canada has aspirations of equality and fairness that the charter has been created for, so when we think about the aspirations of Canada, it's in that way that I'm looking at the aspirations that had been identified by indigenous peoples with their laws. But we need legal, legitimate processes for figuring out how those aspirations matter in human relations, especially where there are relations of power that people are trying to sort out with one another.
Two aspects are necessary. One, we need the dream and the hope to be the best we can be, and two, we need processes through which we can act on that dream.
5:30 p.m.
Liberal
The Chair Liberal MaryAnn Mihychuk
We're at the end of our meeting. I know we would like to continue but without unanimous consent.... I think we all have other business.
To the presenters, thank you so much for enlightening us and adding to the discussion. I really appreciate your participation.
The meeting is adjourned.