Good afternoon, everyone. Thank you, so much, for having me here today. I am really excited to be here, both to speak about something that I spent a lot of time thinking about, which is the role of the UN declaration in promoting reconciliation in Canada, and also, particularly today of course, the bill before this committee.
I would like to start by acknowledging the traditional territory. I thank the Algonquins for their hospitality and for allowing us to be here. I recognize that this is unceded territory.
I also want to acknowledge a couple of the committee members. I already spoke briefly with the chair. That is the riding I grew up in, so it's very nice to meet her. I would also like to acknowledge member Saganash, who has worked so hard on these issues, both internationally and domestically.
Thank you for your work and for having me here.
I would be remiss not to acknowledge Will Amos. We worked briefly together at Ecojustice, a dog's age ago. I think I was articling and you were just starting at Ottawa, so it's very nice to see you as well.
My name is Brenda Gunn. I am a Métis woman from the Red River. I am an Associate Professor at the University of Manitoba, and I work in both international and constitutional law. I have developed a handbook on implementing the UN declaration, and I've done presentations all over the country and internationally about what the UN declaration means for us in Canada.
I'd like to commend this government for the strong commitment that it has made toward indigenous peoples, including the commitment to implement the UN declaration. I thought I would start today by explaining why I see the UN declaration as being important for reconciliation in Canada and then talk about why I think this bill is so important in its implementation.
When you read the preamble, you see a very compelling story being told, particularly one that's significant in Canada. That is, in 2007, the UN finally recognized indigenous peoples to be peoples and part of the family of the world. We were no longer these “fierce savages whose occupation was war”, in the words of Chief Justice Marshall in the Marshall trilogy, which continue to impact Canadian law today. We are now peoples with all the rights that come with that.
We're also indigenous, and we have a right to be indigenous. We have a recognized right to our collective identities, and there's a recognition that sometimes special measures may be necessary in order to protect our inherent rights. The UN declaration recognizes that colonization occurred and that it has a negative impact on indigenous peoples, in particular, through the dispossession of their lands, territories, and natural resources.
The UN declaration continues to state that the UN is convinced that the path forward requires resetting the relationship between indigenous peoples and Canada through recognizing and protecting indigenous peoples' inherent rights. Contrary to the opinion of some that recognizing special rights for special people would tear Canada apart, the UN declaration is clear that full and robust protection of indigenous peoples' rights will actually enhance harmonious relations between indigenous peoples and Canada.
The UN declaration explains that it is the denial of indigenous peoples' rights that is the cause of the current divisions between indigenous peoples and the rest of Canadians. If we want to reconcile in Canada, that means we have to shift the relationship, forming a new relationship based on the principles of justice, democracy, respect for human rights, non-discrimination, and good faith. Doing so shifts the relationship from a colonial one, where Canada has control over all aspects of indigenous peoples' lives, to one where indigenous peoples freely determine their own futures and are actively involved in all decisions that specifically impact their rights.
When you look through the UN declaration, the substantive rights, one of the key areas is that it recognizes that economic, social, and cultural rights in areas such as language rights, education, health care, housing, and economic development, are critical to the exercise of civil and political rights. There is no hierarchy of rights.
I think the bill before you today is an important step towards implementing the UN declaration in Canada, and it can put this government's words on reconciliation into action because of the way in which it clarifies that the UN declaration applies in Canada, requires a review of laws for consistency, and sets out the need to develop a national action plan and the expectation of periodic reporting.
In my reflection for today's comments, I was thinking about the way in which Canada really led the way on the recognition and affirmation of indigenous peoples' rights when it protected indigenous rights in the Constitution 35 years ago. But unfortunately, Canada no longer leads the world on indigenous rights protection. However, through Bill C-262, Canada can again come back to the forefront of indigenous rights protection. Implementing the UN declaration is also key to fulfilling Canada's international human rights obligations.
One of the challenges I've seen in my work on implementing the UN declaration is the general lack of understanding of how international law applies in Canada.
While the Supreme Court of Canada jurisprudence is clear that declarations such as the UN declaration can and should be used to interpret domestic laws, including our Constitution, there has been hesitance by lawyers and judges to rely on the UN declaration in interpreting domestic law, mostly, I think, due to the lack of understanding of the role of international law domestically.
I think this bill is critical to overcoming the reticence and ignorance of many in the legal field on the relevance of the UN declaration in interpreting Canadian laws, including the Constitution.
This process of interpreting Canadian law in line with Canada's international human rights obligations may occur through court processes, but it can also occur through general legislative and policy reviews and the taking of necessary amendments, as well as through negotiation. It's important to remember that law is not static, not international human rights law and not Canadian constitutional law.
We often say our Constitution is a living tree, with strong roots and an ability to grow and adapt to circumstances. I think the UN declaration is key to helping our Constitution grow and adapt to the changing circumstances in the Canadian context. The presumption of conformity, where domestic laws are interpreted in line with Canada's international human rights obligations, is a well-established principle. More importantly, I think that through this bill, we can also allow Canada to implement its international human rights obligations owed to other nation-states.
Interpreting the Canadian Constitution in light of the UN declaration is also really important because of the fact that Canada, when it goes to international human rights bodies, often points to the Canadian Constitution as something in which it has implemented its international human rights obligations. By using the UN declaration to interpret the Canadian Constitution, we both advance reconciliation in Canada and can help Canada implement its international human rights obligations.
I want to thank the committee for its time this afternoon. I look forward to your questions.