Consultation and cooperation with Indigenous peoples

“One of our youth participants expressed great satisfaction with the Indigenous approach to research and engagement. We visited their communities, sat with them, and witnessed the challenges and opportunities they face.“

Assembly of Seven Generations

Over the course of decades, Indigenous peoples from across Canada and around the world came together with United Nations member states to develop a framework for “the minimum standards for the survival, dignity and well-being of the Indigenous peoples of the world.” As it was important that Indigenous peoples—including from Canada—were partners in the development of the UN Declaration, it is just as important that they are equal partners in its implementation.

In line with the requirements of the UN Declaration Act, the Government of Canada is committed to the implementation of the UN Declaration through broad, inclusive and distinctions-based consultation and cooperation with Indigenous peoples, including through their governments and representative institutions. Given the diversity amongst First Nations, Inuit, and Métis across Canada, effective and iterative consultation and cooperation through self-identified institutions is critical to achieving the objectives of the UN Declaration such that implementation reflects the diversity of Indigenous peoples in the Action Plan and Annual Report.

Continuing to build on and refine approaches to consultation and cooperation, together with Indigenous peoples, will be important to fostering common understandings and to ensuring the effective implementation of measures to achieve the objectives of the UN Declaration and to ensure consistency of federal laws with the UN Declaration.

There is considerable recognition that effective consultation and cooperation processes require adequate timeframes through appropriate channels, in addition to adequate and timely funding for Indigenous partners. A recurrent consideration is potential ‘consultation fatigue’ and the need for greater collaboration across and between federal departments and agencies, including with respect to consultation and cooperation on legislative and regulatory measures.

“I won’t believe [that the government is implementing the UN Declaration successfully] until I see my community or communities around me having a better quality of life. I want to see actual changes rather than another data report.”

Canadian Roots Exchange

Additional details on the challenges and successes of consultation and cooperation processes experienced by Indigenous peoples, their governments and representative institutions, and Government of Canada departments and agencies is provided in the sections on measures to ensure consistency of laws, and the Action Plan.

Co-development

Reflecting various articles of the UN Declaration, the UN Declaration Act requires consultation and cooperation with Indigenous peoples. Consultation and cooperation processes can fall along a spectrum, from those that are more limited where potential impacts are low, up to and including co-development. Departments like Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada have extensive experience undertaking consultation and cooperation—including through engagement and co-developed programs, policies and legislation with Indigenous partners. What co-development means in practice and who must be involved in co-development is a question that is currently being addressed through a distinctions-based approach.

For example, on December 2, 2022, members of the Inuit-Crown Partnership Committee endorsed the Inuit-Crown Co-Development Principles, which are intended to be implemented and applied by Inuit and all federal partners engaged in co-development initiatives.

The Assembly of First Nations released a Co-Development Position Paper on April 5, 2022. The paper describes the term co-development as “a collaborative process in which the AFN and the federal government each play an equal role in defining and elaborating necessary changes to law and policy consistent with the inherent rights of First Nations” (page 2).

Crown-Indigenous Relations and Northern Affairs Canada is the lead federal department working with the Métis National Council and its Governing Members on drafting the Canada-Métis Co-Development Principles.

Finally, Indigenous Modern Treaty Partners and Canada co-developed Canada’s Collaborative Modern Treaty Impementation Policy, which was released in February 2023. This policy represents a significant milestone that will support the transformation of Indigenous–Crown intergovernmental relationships to ensure that Canada is fulfilling its obligations as a Treaty partner, while also implementing the aims and objectives of the UN Declaration.

Co-development has been an issue identified by a range of Indigenous peoples participating in the UN Declaration Act implementation process. Collaborative work on advancing and refining the concept in practical ways is ongoing.

“The Mi’kmaw experience with the concept of co-development at many tables always seem to be designed to have a predetermined outcome. Co-development need to be trans-systemic, authentic, respectful and meaningful engagement. These measurements of co-development need to address restitution, redress and environmental protection. The UN Declaration Act has to improve Mi’kmaw lives by making federal law consistent with the best principles of justice, the most compelling requirements of democracy, respect for human rights, equality, non-discrimination, good governance, and good faith (arts 45, 46(2)(3)), and treaties (art. 37(2)).”

Eskasoni First Nation

Stay connected

Department of Justice Canada