Understanding UNDRIP & Bill C-15 by Warrior Life published on 2021-05-07T17:23:59Z In Episode 96 of the Warrior Life Podcast, we talk to two leading Indigenous legal experts about Bill C-15 - the federal legislation intended to create a National Action Plan to ensure Canada's laws are compliant with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Professor Brenda Gunn and the Honourable Murray Sinclair help us understand the human rights protections contained in UNDRIP and they address the many concerns and misconceptions related to Bill C-15. The Honourable Dr. Sinclair is Anishinabe whose list of accomplishments is very long as he has worked as a lawyer and professor; associate chief judge of the provincial court of Manitoba; co-commissioner on the Aboriginal Justice Inquiry of Manitoba; Chair of the Truth and Reconciliation Commission of Canada; Senator; and now works at the law firm of Cochrane Saxberg. Professor Brenda Gunn is Metis lawyer and professor at UofM law, who is a well-known expert on international law and done a significant amount of international human rights work including: research to promote greater conformity between international laws protecting Indigenous rights and domestic laws; community legal aid clinic in Guatemala on a case of genocide submitted to the IACHR; provides technical assistance to the UN Expert Mechanism on the Rights of Indigenous Peoples; AND she wrote a handbook about understanding and implementing UNDRIP. Here is the original YouTube video version: https://www.youtube.com/watch?v=VuWtRmGIrro United Nations Declaration on the Rights of Indigenous Peoples: https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web. Bill C-15 An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples: https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=11007812 Understanding and Implementing the UN Declaration on the Rights of Indigenous Peoples: https://www.indigenousbar.ca/pdf/undrip_handbook.pdf We've featured other Indigenous voices, including those who actively worked on UNDRIP in its early stages: Ellen Gabriel Kanienʼkehá꞉ka grassroots warrior and Onkwehón:we rights activist https://www.soundcloud.com/pampalmater/ellen-gabriel-on-undrip-bill-c-1 Former NDP MP Romeo Saganash (Cree from Waswanipi) https://www.soundcloud.com/pampalmater/romeo-saganash-on-his-political-career The Honourable Graydon Nicholas (Wolastoqey from Neqotkuk [Tobique First Nation] ) Part 1: https://www.soundcloud.com/pampalmater/honourable-graydon-nicholas-shares-his-journey-part-1 Part 2: https://www.soundcloud.com/pampalmater/honourable-graydon-nicholas-shares-his-journey-part-2 FOLLOW ME ON TIKTOK @pp2cool FOLLOW ME ON IG @pam_palmater FOLLOW ME ON TWITTER @Pam_Palmater Please note: Nothing in this podcast/video advocates for violence on Indigenous territories. Please also note: The information contained in this podcast/video should not be misconstrued as legal, financial or medical advice, nor should it be relied on as such. This podcast/video represents fair political comment. If you would like more information about these issues, you can check out my website at: https://www.pampalmater.com If you would like to support my work and help keep it independent, here is the link to my Patreon account: https://www.patreon.com/join/2144345 My new book: Warrior Life: Indigenous Resistance and Resurgence by Fernwood Publishing: https://www.fernwoodpublishing.ca/book/warrior-life Warrior Life book on Amazon: https://amzn.to/3lAleUk NEW WARRIOR LIFE PODCAST MERCH: https://www.teespring.com/stores/warrior-life-2 (Images of used with permission) Genre News & Politics Comment by DV What an immense privilege to have a glimpse at these laws through the minds of the three of you, so thank you for that. The question I have in fact relates to BC's enabling legislation, the BC Declaration on the Rights of Indigenous Peoples Act (DRIPA). Here in BC, John Horgan said at the time of the Wet'sewet'en protest against the Coastal GasLink project that DRIPA was only forward-looking. Permits had already been obtained for the pipeline prior to DRIPA, he said, so that was that, all the rights were in place for the pipeline to go through without any concern for free, prior and informed consent. I myself could not understand how DRIPA could be only forward-looking when UNDRIP itself appears to have the capacity to look back, to apply to situations that grew in the past prior to UNDRIP. 2021-05-21T11:20:49Z Comment by DV For example, Article 28(1) of UNDRIP states: Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. The first legal analysis I found when I researched Art. 28 based much of its discussion on land restitution in instances of displacement from or dispossession of land that occurred even centuries ago. I’m not trained in law, but neither is Mr. Horgan. Leaving aside BC because I imagine you’re not going to weigh in at length on DRIPA or the premier, can we expect a similar situation at the federal level; that is, the government coming along and saying there’s no looking back to earlier times, actions, situations -- all we’ve got is today and tomorrow? 2021-05-21T11:19:51Z
