Today, the Honourable Arif Virani, Minister of Justice and Attorney General of Canada, issued the following statement to mark the Royal Assent of Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts:
"The rights of Indigenous peoples were strengthened today, thanks to years of dedicated advocacy by First Nations, Inuit and Métis leadership, governments and representative organizations.
"Bill S-13 changes the federal Interpretation Act, a key piece of legislation that guides how federal laws are interpreted, by adding a non-derogation clause (NDC). This clause ensures that all federal laws, statutes, and regulations are interpreted in a way that upholds, and does not diminish, Aboriginal and treaty rights recognized and affirmed in Section 35 of the Constitution Act, 1982.
"For over two years, a wide range of First Nations, Inuit and Métis governments and representative organizations worked in close collaboration with the Department of Justice Canada to develop a standard NDC that now applies across all federal laws. Previously, 31 federal acts had individual non-derogation clauses, many with slightly different wording. This inconsistency created uncertainty. With the passage of Bill S-13, 28 NDCs will be immediately repealed, while three will remain, following the recommendations of Indigenous peoples.
"Having one universal NDC is a significant step forward. First Nations, Inuit and Métis no longer need to advocate for its inclusion in every new bill introduced in Parliament. The new NDC will now apply automatically, through the Interpretation Act. This change also advances our work on implementing the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act) by responding to Shared Priorities Action Plan Measure 2 in the UN Declaration Act Action Plan.
"By ensuring that all federal laws respect the Aboriginal and treaty rights of Indigenous peoples affirmed in Section 35, the Government of Canada is reaffirming its commitment to reconciliation and building stronger nation-to-nation, Inuit-Crown, and government-to-government relationships."
