Notice to readers

The Department of Justice Canada has prepared this document to provide guidance on how to assess the consistency of a policy or legislative proposal with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration), and how to fulfill related statutory obligations under the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act), including when drafting Memoranda to Cabinet (MCs). It is intended for use by officials early in the development of initiatives, and throughout the review of MCs by Central Agencies.

This Guide has been informed by preliminary discussions with National Indigenous Organizations related to the implementation of the UN Declaration Act, and it will continue to be updated as a result of ongoing consultation and cooperation with Indigenous peoples. This Guide does not constitute legal advice. For such advice, please consult your organization’s Legal Services Unit (LSU).

Conducting a consistency analysis as set out in this Guide requires an understanding of past and present Crown-Indigenous relations, including the historic injustices suffered by Indigenous peoples as a result of colonization and dispossession of lands, territories and resources. Resources can be found in the References section of this Guide to help build this knowledge base.

Best practices for implementation of the UN Declaration will continue to evolve. Therefore, this Guide may be updated, as needed, to reflect the latest developments. It should also be read together with other resources already available to guide departments in their work with Indigenous peoples, notably the Principles respecting the Government of Canada’s relationship with Indigenous peoples.

To ensure that you have the latest information, we encourage you to contact your departmental experts on the UN Declaration, your departmental consultation and engagement unit, including those specialized in Indigenous consultation and cooperation, and your LSU.

In addition to the information provided in this Guide and accompanying Checklist, you may wish to consult the resources included in References section of the Guide. You may also wish to consult your departmental LSU or departmental focal point on the UN Declaration Act (if such a position or unit has been created). For complex questions or additional advice, your LSU may get in touch with the Aboriginal Law Centre of the Department of Justice at UNDeclarationNU@justice.gc.ca.

To deepen your knowledge on the UN Declaration, you are encouraged to take a course on the UN Declaration (see the References section).