UN Declaration Act Action Plan Advisory Committee

Attendees

APAC Members

• Tim Argetsinger (in person)
• Hélène Boivin (virtual)
• Adam Fiddler (virtual)
• Lydia Hwitsim (virtual)
• Brandon Macleod (virtual)
• Brennan Manoakeesick (in person)
• Naiomi Metallic (virtual)
• Nibi Mshkiki (Skylar Louttit) (in person)

Justice Canada

• Hon. Sean Fraser, Minister of Justice and Attorney General of Canada (virtual)
• Samantha Maislin Dickson, Associate Deputy Minister
• Laurie Sargent, Assistant Deputy Minister, Indigenous Rights & Relations Portfolio
• Loretta Landmesser, Director General, Indigenous Rights & Relations Portfolio
• Robert Tay-Burroughs, Senior Policy Advisor, Indigenous Rights & Relations Portfolio
• Colleen McElroy, Notetaker, Indigenous Rights & Relations Portfolio

Regrets

• Cassidy Caron
• Victoria Fred

Record of discussion

Welcome

Loretta Landmesser offered words of welcome and introduced Elder Deer.

Elder Deer introduced himself and offered the Thanksgiving Address as a means of offering thanks to all of creation to set the tone for the meetings.

Introductions

Committee members and Justice attendees introduced themselves.

Presentation from federal officials

Samantha Maislin Dickson, Associate Deputy Minister offered opening remarks.

Laurie Sargent and Loretta Landmesser provided a brief overview of the UNDA implementation measures to date from the ‘APAC Level Setting Deck (June 2025)’ to help set the context for discussions to follow by APAC members.

Meeting with Minister Fraser

The Honourable Sean Fraser joined the meeting and welcomed Committee members to their inaugural meeting.

The Minister expressed appreciation for the willingness of members to step forward to serve on the Committee and looks forward to receiving its advice.

Committee members then took the opportunity to introduce themselves to the Minister.

Vision for the Committee

Discussion took place amongst Committee members on the following items:

• Process for selection of APAC members
• Scope of shared priority measures to be discussed by
• Structure of the APAC, its mandate and purpose in relation to how it was described in action plan
• When the Committee may wish to go “in camera” for its discussions
• How the Committee interprets its role of providing advice to the Minister

Terms of reference discussions

APAC members collaborated on language for inclusion in the terms of reference.

At the end of the discussions, one Committee member agreed to prepare a first draft of terms of reference based on conversations and circulate the draft for review.

Attendees

APAC Members

• Tim Argetsinger (in person)
• Hélène Boivin (virtual)
• Adam Fiddler (virtual)
• Lydia Hwitsim (virtual)
• Brandon Macleod (virtual)
• Brennan Manoakeesick (in person)
• Nibi Mshkiki (Skylar Louttit) (in person)

Justice Canada

• Laurie Sargent, Assistant Deputy Minister, Indigenous Rights & Relations Portfolio
• Loretta Landmesser, Director General, Indigenous Rights & Relations Portfolio
• Robert Tay-Burroughs, Senior Policy Advisor, Indigenous Rights & Relations Portfolio
• Colleen McElroy, Recording Secretary

Regrets

• Cassidy Caron
• Victoria Fred
• Naiomi Metallic

Record of discussion

Opening remarks

Loretta Landmesser offered words of welcome and provided an overview of the agenda.

Terms of reference

Drafting continued of the various sections of the terms of reference with all Committee members in attendance offering their comments.

Comments received via email from one member were also considered.

The Committee, with Secretariat support, was able to conclude an advanced draft of the TORs.

Conclusion

An overview of the travel reimbursement process was provided.

Loretta Landmesser asked the Committee to advise her once selection of a chair/co-chair or alternate occurred.

Committee members in attendance agreed that the group would meet again on July 4, 2025, to finalize the terms of reference.

Attendees

APAC Members

• Tim Argetsinger
• Hélène Boivin
• Cassidy Caron
• Adam Fiddler
• Lydia Hwitsim
• Brandon Macleod
• Brennan Manoakeesick
• Nibi Mshkiki (Skylar Louttit)

Justice Canada

• Loretta Landmesser, Director General, Indigenous Rights & Relations Portfolio
• Gabrielle Héroux, Acting Director, Consultation and Cooperation
• Colleen McElroy, Recording Secretary

Regrets

• Victoria Fred
• Naiomi Metallic

Record of discussion

Opening remarks

Loretta Landmesser offered words of welcome and provided an overview of the agenda.

Confirmation of agenda

Those present confirmed that the agenda is adopted as presented.

Records of discussion

The records of discussion from the June 26 and 27, 2025, were included with the meeting materials. APAC members were asked to review and provide comments. Item will be brought forward to next meeting for approval.

Appointment of Chair and/or Co-chair/Alternate

APAC members held discussions on nominees for the position of Chair/Co-chair or Alternate.

The Secretariat will set up a poll for voting to take place by APAC members.

Terms of reference

Drafting (in real time) continued on the various sections of the terms of reference with all Committee members in attendance offering their comments and participation.

Comments received via email were reviewed and incorporated.

An updated version will be circulated to all APAC members for their review.

Next steps

Discussion took place regarding availability for the next meeting. It was agreed that the Secretariat will circulate a survey with options. Results will be shared with the group.

Attendees

APAC Members

• Tim Argetsinger
• Hélène Boivin
• Cassidy Caron
• Adam Fiddler
• Lydia Hwitsim
• Brandon Macleod
• Brennan Manoakeesick
• Naiomi Metallic
• Nibi Mshkiki (Skylar Louttit)

Justice Canada

• Loretta Landmesser, Director General, Indigenous Rights & Relations Portfolio
• Gabrielle Héroux, Acting Director, Consultation and Cooperation
• Billy Linklater, Acting Director, Governance & Reporting
• Robert Tay-Burroughs, Senior Policy Advisor, Indigenous Rights & Relations Portfolio
• Colleen McElroy, Recording Secretary

Regrets

• Victoria Fred

Record of discussion

Opening remarks

Loretta Landmesser offered words of welcome and provided an overview of the agenda.

Confirmation of Agenda

Those present confirmed that the agenda is adopted as presented.

Updates from Department of Justice Canada

Loretta Landmesser provided updates to the APAC members.

Records of discussion

The records of discussion from the June 26 and 27, 2025, and July 4, 2025, meetings were accepted.

Terms of reference

Drafting (in real time) continued on the various sections of the terms of reference with all Committee members in attendance offering their comments and participation.

Comments received via email were reviewed and incorporated in advance.

Selection of APAC Chair and Alternate

An in-camera discussion took place regarding the selection of a Chair and Alternate for the Committee.

Committee agreed that they would like the time to review the biography information for the two individuals who put their names forward for consideration. The Secretariat will circulate this information to APAC members. The Secretariat will also circulate a survey for voting purposes.

Next steps

A final version of the terms of reference will be finalized for one final review by Committee members. Once finalized, the terms of reference will be forwarded by the Secretariat to the Minister.

Discussion took place regarding availability for the next meeting. It was agreed that the Secretariat will circulate a survey with options which align with Ministerial schedule. Results will be shared with the group.

Foundational United Nations Declaration on the Rights of Indigenous People Act Action Plan Measures

Advice Document
August 17, 2026

This document outlines priorities and recommendations by the Action Plan Advisory Committee (APAC) in response to the Justice Minister seeking advice on the following topic:

Key Shared Priorities Measures: Given the changed fiscal environment and geopolitical circumstances since the release of the Action Plan, I would welcome the Committee’s views and rationale(s) on which (approximately 10-20) key Shared Priority measures would most effectively contribute to advancing reconciliation and increased prosperity for Indigenous peoples and for Canada as a whole. I would also welcome views and rationale(s) on any considerations that would be relevant as sequencing implementation is explored.

Background

Justice Canada should prioritize work on foundational action plan measures needed to facilitate implementation of the United Nations Declaration on the Rights of Indigenous People Act (UN Declaration Act) and accelerate implementation of other action plan measures. Implementation of the Act and Action Plan require machinery of government and other structural changes to ensure consistent implementation of Section 5 of the Act and more systematic implementation of Action Plan commitments. Justice Canada should also prioritize completing action plan measures whose implementation is needed to demonstrate that the Crown is working in good faith with First Nations, Métis and Inuit to implement the rights affirmed by the United Nations Declaration on the Rights of Indigenous People (UN Declaration).

Foundational Action Plan Measures

The Action Plan Advisory Committee recommends that Justice Canada prioritize work on the following foundational Action Plan commitments: Shared Action Plan Measures 1, 2, 3, 19, 21, 52 and 66. The Committee recognizes that implementation of these measures is likely to be complex and challenging to complete within a short timeframe; the Committee believes that it would be well-placed to provide more detailed advice to support their implementation.

Shared Action Plan Measure 1

Section 5 is the centrepiece of the Act but it is not being consistently implemented. Federal departments require direction in determining when and how to align bills and regulations with the rights affirmed by the UN Declaration. Implementation of both the Act and the UN Declaration can only be achieved by establishing the process and mechanisms needed to ensure Canada’s laws are aligned with the rights affirmed by the UN Declaration.

Shared Action Plan Measure 2

Justice Canada should undertake consultation and cooperation with First Nations, Inuit and Métis rights holders to determine a process for identifying legislation that may be inconsistent with specific rights affirmed by the UN Declaration. It should further develop a process in partnership with First Nations, Inuit, and Métis rights holders for prioritizing and pursuing amendments to legislation that would align legislation with the rights affirmed by the UN Declaration.

Shared Action Plan Measure 3

Justice Canada should prioritize two scopes of work needed to implement this commitment. First, a cabinet directive should be pursued providing departments with the direction needed to make determinations about whether existing legislation is consistent with the UN Declaration and that provides direction on the meaning and implementation of consultation and cooperation activities. Second, the department should develop a process and protocol for undertaking reviews of legislation in consultation and cooperation with First Nations, Inuit, and Métis rights holders.

Shared Action Plan Measure 19

The rights affirmed by the UN Declaration cannot be implemented if Indigenous Peoples whose rights have been violated lack access to recourse and/or remedies. Full and effective implementation of the UN Declaration is contingent on the ability of Indigenous Peoples to seek recourse and remedies when our rights have been violated. Inuit Tapiriit Kanatami and the Métis Nation have proposed an approach to achieving the objectives of this action plan measure that could serve as a foundation for work on implementing this commitment.

Shared Action Plan Measure 21

The scope and substance of the Action Plan coupled with varied departmental wills to implement action plan measures is undermining implementation. Justice Canada should begin the process now of developing a more streamlined process and framework for consulting and cooperating with Indigenous rights holders in the development of the next iteration of the Action Plan.

The advice from this committee could be instrumental in scoping the process for engagement related to Shared Action Plan Measure 21. Prioritizing this measure ensures that the future review and update of the action plan reflect relevant provisions of the UN Declaration and UN Declaration Act (e.g. Article 22), improved Indigenous co-development, and stronger alignment with the UN Declaration.

Shared Action Plan Measure 52

The Act risks becoming a symbolic piece of legislation in the absence of demonstrated progress on implementing the Act and Action Plan. The Action Plan is sparse on legislative commitments intended to implement rights affirmed by the UN Declaration. APM 52 is one of the only legislative commitments included in the Action Plan. The incomplete work undertaken to date to pursue the legislative amendments to the Immigration and Refugee Protection Act that are needed to implement Article 36 of the UN Declaration is the most significant example to date of progress made on fulfilling the promise and potential of the Act. Justice Canada should coordinate continued implementation of this commitment with the Canada Border Services Agency and Immigration, Refugees and Citizenship Canada to secure drafting instructions for amending legislation to amend the Immigration and Refugee Protection Act.

Shared Action Plan Measures 66 and 67

Participation in decision-making and furthering the right of Indigenous peoples to self-determination are keystone, foundational measures and meaningful progress would be transformative in how the Government works in cooperation with Indigenous peoples and supports effective processes that seek to obtain free, prior and informed consent.

Working in Good Faith

The Committee has also identified a number of Action Plan Measures where making progress is central to demonstrating good faith in implementing UNDA:

1. Participation in Decision Making – Shared Action Plan Measures 68-73, 109
2. Education of public servants, judges, and public – Shared Action Plan Measures 14, 17, 18
3. Better federal, provincial, and territorial collaboration – Shared Action Plan Measures 6, 7, 8, 12, 28, 32, 54, 63, 71, 78
4. Protection and revitalization of cultural languages, knowledge and practices – Shared Action Plan Measures 91, 92, 93, 101
5. Other key measures – Shared Action Plan Measures 29, 33, 46, 47, 48, 51, 98, 102, 103, 104.

Members
UN Declaration Act Action Plan Advisory Committee

(by email)

Dear Committee members:

Please accept my sincere congratulations on the completion of your Terms of Reference. I believe the processes, guidance and principles you have laid out will help ensure the success of your work going forward. Department of Justice Canada officials and I look forward to upholding our responsibilities as outlined in the Terms of Reference and advancing the implementation of UN Declaration Act (UNDA) Action Plan Shared Priority measures, with your advice.

The Shared Priorities chapter of the UNDA Action Plan includes commitments to implement measures required by the UNDA as well as measures that address cross-cutting Indigenous priorities. I consider implementation of the UNDA Action Plan measures as central to realizing the Government’s mandate, which includes creating greater economic prosperity for all Canadians and advancing reconciliation. These are mutually reinforcing goals, as advancing several Action Plan measures can be seen as making progress towards a more Canadian economy for all, in partnership with Indigenous peoples.

As you embark on your advisory work, consistent with sections 1 and 5 of the Terms of Reference of the Action Plan Advisory Committee (APAC), I am seeking your expert advice on the following topic(s):

• Key Shared Priorities Measures: Given the changed fiscal environment and geopolitical circumstances since the release of the Action Plan, I would welcome the Committee’s views and rationale(s) on which (approximately 10‑20) key Shared Priority measures would most effectively contribute to advancing reconciliation and increased prosperity for Indigenous peoples and for Canada as a whole. I would also welcome views and rationale(s) on any considerations that would be relevant as sequencing implementation is explored.
• Distinctions-Based Consultation and Cooperation: I would also welcome the Committee’s practical, expert advice on how the Government of Canada could improve its distinctions-based processes for consulting and cooperating with Indigenous peoples in the implementation of the UNDA, including in developing legislation.

By way of additional context for this second question, in my view, building a shared understanding of consultation and cooperation between government and Indigenous peoples will help ensure our success in advancing Action Plan implementation. As you may be aware, Justice Canada has developed an interim guide (Guide) for officials on how to assess consistency of laws with the UN Declaration, that may serve as a helpful reference (https://www.justice.gc.ca/eng/declaration/ap-pa/guide/index.html). As Justice Canada continues to seek input on the Guide from Indigenous peoples through their representative organizations, it would be timely to also have the benefit of this Committee’s advice on what meaningful consultation and cooperation looks like in practice in a range of contexts.

Given the above, I would respectfully suggest some initial guiding questions for your consideration as you develop this advice:

• What are effective methods to identify appropriate Indigenous representative institutions for the purposes of implementing the right to participate in decision-making in a range of legislative contexts (e.g. national legislation of general application; Indigenous-specific legislation; distinctions-specific legislation)?
• What steps need to be taken to respect article 22 of the UN Declaration to reflect a diversity of experiences and perspectives in these processes?
• Are there examples of particularly effective consultation and cooperation processes?
• What practical steps could the Government take to seek to obtain free, prior and informed consent on legislative initiatives that significantly impact Indigenous peoples and their rights? What role might Parliament play in this process, in addition to the executive branch of government?
• How might the consultation and cooperation process be expedited where legislative amendments may be urgently needed to address national security, social or economic crises, for example?

Departmental officials would be pleased to discuss these topics further with you if that would be helpful. I also look forward to speaking with you about them at our upcoming meeting. As you are aware, the advice you will provide will complement, and not replace, the views of First Nations, Inuit and Métis rights holders and representative organizations, with whom we will also be sharing and discussing the above questions.

As APAC members, you all bring profound knowledge and expertise, distinct perspectives, and lived experiences, and I am eager to receive your expert advice. I thank each of you again for taking on this role and look forward to our close collaboration in the coming months.

Yours sincerely,

The Honourable Sean Fraser, P.C., K.C., M.P.
Minister of Justice and Attorney General of Canada
Minister responsible for the Atlantic Canada Opportunities Agency