Understanding Reconciliation

The Canadian Resource Centre for Victims of Crime (CRCVC) believes an awareness of the past and an acknowledgement of the harm inflicted on Indigenous communities is just the start to reconciliation.

The CRCVC is at the beginning of a journey that will someday bring it closer to being a trusted ally of Indigenous leaders and Indigenous victims of crime in Canada.

The CRCVC is committed to seeking every opportunity to support Indigenous people across Canada by advocating for their rights in Canada’s colonial legal system.

Understanding Reconciliation: Indigenous Sovereignty & Land Rights

“The term ’reconciliation’ now covers any and all manipulations or diminution of Indigenous rights and title” writes the late Arthur Manuel, an Indigenous leader and activist from the Secwepemenc Nation,  in his book The Reconciliation Manifesto. “The government and the Canadian people have fallen in love with reconciliation. They do not really seem to understand the concept but they truly love that word “.

The Truth and Reconciliation 94 Calls to Action includes Actions 25-42 which focus on Justice. CRCVC will use these actions to determine how to best play a role in ensuring these actions can move forward in a respectful and collaborative manner.

The CRCVC must develop its knowledge of Indigenous rights to assist in holding the municipal, provincial and federal government accountable to finally respecting Indigenous land rights, rights to self-determination, and to support Indigenous youth, and Land and Water Defenders in their organizing, activism and continued defense of their rights to sovereignty and self-government.

The path towards reconciliation presents a generational opportunity. Individuals and organizations ready to travel this path have a wide range of tools from which to choose.

The following list provides some useful links to help get the journey started.

Indigenous Movements & Grassroots Activism Related to Land

Follow the links for information provided by Indigenous Groups & Leaders

Read:

• Land back – A Yellowhead Institute Red Paper

Watch:

• LandBack: What does it mean & how do you enact it?
• Land Back: Injunctions, dispossessions, Nationhood and Indigenous Sovereignty
• Weaponizing Injunctions: How Canada criminalizes Indigenous land defense

Idle No More
Defenders of the Land
Truth Before Reconciliation
Tools for Indigenous Family Survivors of Violence

Indigenous Rights as Recognized in Canada

Canadian Constitution & Charter of Rights & Freedoms

Resources:

Read:

• Aboriginal Rights – Indigenous Foundations UBC

Watch:

• Aboriginal Rights as Economic Rights – Lecture by Arthur Manuel
• Understanding Indigenous rights and title in Canada – Interview with Jack Woodward

Listen:

• Indigenous Land Rights and Reconciliation Podcast – Queen’s University

Quick reference

• Section 25 of the Canadian Charter of Rights and Freedoms guarantees that no rights protected under the Charter will be used to overrule or diminish rights belonging to Aboriginal people (including land rights and rights under the Royal Proclamation), and recognizes and affirms existing Aboriginal and Treaty rights.
• Section 35 of the Canadian Constitution. (1) “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, ‘aboriginal peoples of Canada’ includes the First Nations, Inuit and Métis peoples of Canada
• Section 37. (1) Canada was committed to holding a conference with Indigenous peoples to define the content of Section 35 rights. This process was never completed by the Canadian government and was abandoned in 1987.

Indigenous Rights as Recognized Internationally

United Nations Declaration on the Rights of Indigenous People (UNDRIP)

Resources:

Read:

• UN Declaration on the Rights of Indigenous People – United Nations
• The UNDRIP in Canada (including timeline) – Yellowhead Institute

Watch:

• UNDRIP Implementation in Canada and Treaty Indian Jurisdiction – Andre Bear
• How UNDRIP Changes Canada’s Relationship with Indigenous People – Centre for International Governance Innovation

Listen:

• Ellen Gabriel on UNDRIP & Bill C-15 – Warrior Life Podcast by Dr. Pamela Palmater
• Free, Prior and Informed Consent – Cultural Survival

Quick Reference (full report linked above)

• UNDRIP Article 3. Self-Determination – “Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”
• UNDRIP Article 4. Self-Government – “Indigenous peoples have the right to autonomy or self-government in matters relating to their internal and local affairs”
• UNDRIP Article 10. Free, Prior, & Informed Consent (FPIC) – “Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return”
• UNDRIP Article 18. Decision-Making – “Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.”
• UNDRIP Article 19. Consultation – “States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them”
• UNDRIP Article 26. Land Rights –

1. “Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.”
2. “Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.”
3. “States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.”

• UNDRIP Article 32. Development –

1. “Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.”
2. “States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”
3. “States shall provide effective mechanisms for just and fair redress for any such activities, and 24 appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact”

Canadian Law (Bill C-15) & UNDRIP

Canadian law as it currently aligns with UNDRIP

 

Resources:

Read:

• Analysis of Federal Bill C-15 – Indigenous Activists Network

• C-15: What you need to know that could redefine Indigenous-government relations in Canada – CTV News

Watch:

• Diabo and Saganash debate UNDRIP bill: A bad law or a small step forward?

Listen:

• Understanding UNDRIP & Bill C-15 – Professor Brenda Gunn and the Honourable Murray Sinclair – Warrior Life by Dr. Pamela Palmater

Quick Reference

• Bill C-15 – “This enactment provides that the Government of Canada must take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples, and must prepare and implement an action plan to achieve the objectives of the Declaration”
• Issues with Bill C-15 – While C-15 addresses all 46 articles of UNDRIP, the government continues to debate and evade defining ‘free, prior, and informed consent’ (FPIC) in a way that recognizes Indigenous groups’ right to “veto” government decisions that affect their land or rights. It is currently more of a vague legal framework and it is not yet clear if it’s a step toward decolonization or just a re-framing of colonial politics which has always aimed to extinguish the right to self-determination of Indigenous people.

“We will know that Canada is finally decolonized when Indigenous peoples are exercising our inherent political and legal powers in our own territories up to the standard recognized by the United Nations, when your (Canadian) government has instituted sweeping policy reform based on Indigenous rights standards and when our future generations can live in sustainable ways on an Indigenous designed and driven economy.”
(Arthur Manuel. The Reconciliation Manifesto)”

Have you ever been a victim of crime and are looking for Indigenous specific resources? Please visit our Resource Directory.

 

The first annual Progress Report on the Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan summary of findings.