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December 10, 2009

Liberals urge Canada to sign on to Indigenous rights

This is short so I'm posting today's press release in its entirety:

Statement by Liberal Leader Michael Ignatieff on the United Nations Declaration on the Rights of Indigenous Peoples

OTTAWA – Liberal Leader Michael Ignatieff made the following statement today on the United Nations Declaration on the Rights of Indigenous Peoples:

“Today, I would like to reaffirm my unequivocal support for the United Nations Declaration on the Rights of Indigenous Peoples.
This declaration sets out the individual and collective rights of the world’s 370 million indigenous peoples. It calls for the strengthening of their cultural identities, and emphasizes their right to pursue development in keeping with their own needs and aspirations.

“Unfortunately, our current government voted against this very important declaration and to this day refuses to recognize its value.  Canada’s indigenous people have played a vital role in building a better Canada and the Canadian government must recognize their hard work and sacrifices. 

“Along with Liberal Aboriginal Affairs Critic Todd Russell, on behalf of Liberal Party of Canada and our Parliamentary Caucus, we urge Prime Minister Harper to show his commitment to the rights of indigenous people, not only in Canada, but around the world.”

It speaks for itself. Canadian lawyers played a major role in drafting the statement on indigenous rights, but Canada remains isolated in opposition, along with only two other countries, the U.S. and New Zealand.

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It's a good first step. Shawn Atleo and the AFN is asking for it - and INAC's Chuck Strahl was given a rough reception in a meeting this week.
Trouble for Ignatieff is - he's also standing behind Ontario and BC as they implement HST - and at least in Ontario - HST is treated with high suspicion by First Nations peoples - because it appears they will have to pay a tax to the White Man - something that is protected against in the Constitution.

The Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly on Thursday September 13, by a majority of 144 states in favour, 4 votes against (Australia, Canada, New Zealand and the United States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine). Specifically Canada said that while it supported the spirit of the Declaration, it contained elements that were "fundamentally incompatible with Canada's constitutional framework". In particular, the Canadian government had problems with Article 19 (which appears to require governments to secure the consent of indigenous peoples regarding matters of general public policy), and Articles 26 and 28 (which could allow for the re-opening or repudiation of historically settled land claims).
Minister of Indian Affairs and Northern Development Chuck Strahl described the document as "unworkable in a Western democracy under a constitutional government." Strahl elaborated, saying "In Canada, you are balancing individual rights vs. collective rights, and (this) document ... has none of that. By signing on, you default to this document by saying that the only rights in play here are the rights of the First Nations. And, of course, in Canada, that's inconsistent with our constitution." He gave an example: "In Canada ... you negotiate on this ... because (native rights) don't trump all other rights in the country. You need also to consider the people who have sometimes also lived on those lands for two or three hundred years, and have hunted and fished alongside the First Nations."
The Assembly of First Nations passed a resolution in mid-December to invite Presidents Hugo Chávez and Evo Morales to Canada to put pressure on the Conservative government to sign the Declaration on the Rights of Indigenous Peoples, calling the two heads of state "visionary leaders" and demanding Canada resign its membership on the UN Human Rights Council.

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Political Decoder by Linda Diebel


  • Linda Diebel is a veteran political reporter who worked across Canada, including on Parliament Hill, and as the Toronto Star's bureau chief in both Washington and Latin America. She has written two books, Betrayed: The Assassination of Digna Ochoa, and Stéphane Dion: Against the Current.

    She's been described as "that mean Diebel person" by President George H.W. Bush and someone "with a good head on her shoulders" by Noam Chomsky. They're probably both right.

    Email: ldiebel@thestar.ca