The recognition of the rights of Indigenous peoples affirmed in Canada's Constitution is a fundamental element of Crown-Indigenous relationships. The Government of Canada is committed to respecting and upholding the rights of First Nations, Inuit and Métis as part of building stronger nation-to-nation, Inuit-Crown, and government-to-government relationships.
Today, the Minister of Justice and Attorney General of Canada, David Lametti announced the introduction of legislation (Bill S-13) to amend the federal Interpretation Act to include a non-derogation clause on upholding section 35 Aboriginal and treaty rights. This legislation would help ensure that all federal laws (including statutes and regulations) are consistently interpreted as upholding, and not diminishing, existing Aboriginal and treaty rights of First Nations, Inuit and Métis, as recognized and affirmed by section 35 of the Constitution Act, 1982.
Section 35 of the Constitution Act, 1982 affirms Aboriginal and treaty rights of Indigenous peoples in Canada. Aboriginal rights, also referred to as Indigenous rights, are the collective rights of First Nations, Inuit and Métis as the original peoples of Canada. Treaty rights are rights set out in either a historic or modern treaty. Treaties define specific continuing rights, benefits and obligations for the signatories that vary from treaty to treaty.
Bill S-13 proposes to amend the Interpretation Act by including a non-derogation clause to promote consistent legal interpretation across federal legislation. Input by Indigenous partners also identified which non-derogation clauses currently found in existing federal laws should be repealed or retained.
The proposed change would not grant new rights to Indigenous peoples, nor would it diminish the rights outlined in section 35 of the Constitution Act, 1982. Rather, it would promote a consistent approach by clearly stating that all federal laws (including statues and regulations) are to be interpreted as upholding section 35 Aboriginal and treaty rights.
The proposed inclusion of a non-derogation clause to the Interpretation Act is aligned with the Government of Canada's commitment to reconciliation, respecting and upholding the rights of Indigenous peoples and supporting stronger nation-to-nation, Inuit-Crown, government-to-government relationships. This legislative initiative is also guided by the principles of reconciliation and will contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act.
