128.57. Adopt legislative and administrative measures to improve the living conditions of indigenous peoples, effectively combat and prevent violent action against indigenous women and girls through legal measures (China);
Source of position: A/HRC/24/11/Add.1 - Para. 37
Supported G3 Indigenous peoples
E21 Right to an adequate standard of living - general F13 Violence against women
F19 Girls
A41 Constitutional and legislative framework
S05 SDG 5 - gender equality and women's empowerment S16 SDG 16 - peace, justice and strong institutions Affected persons:
- girls
- Indigenous peoples - women
In the process of implementation.
See recommendation 109 for more information on the Protection of Communities and Exploited Persons Act), which enacted in 2014 legislative reforms in relation to prostitution and human trafficking offences.
128.58. Take effective legal measures with a view to the adoption of a national plan of action so that the rights of indigenous peoples will be respected and all forms of violence against Aboriginal women and girls will be ended (Iran (Islamic Republic of));
Source of position: A/HRC/24/11/Add.1 - Para. 39
Noted G3 Indigenous peoples F13 Violence against women F19 Girls
A46 National Plans of Action on Human Rights (or specific areas)
S05 SDG 5 - gender equality and women's empowerment S16 SDG 16 - peace, justice and strong institutions Affected persons:
- girls
- Indigenous peoples - women
In the process of implementation.
128.59. Abolish all discriminatory implications of the Indian Act and grant women and men the same rights with regard to their aboriginal status (Germany);
Source of position: A/HRC/24/11/Add.1 - Para. 16
Supported G3 Indigenous peoples
A41 Constitutional and legislative framework F12 Discrimination against women
S05 SDG 5 - gender equality and women's empowerment Affected persons:
- Indigenous peoples - women
In the process of implementation.
Comments: On December 22, 2017, the Indian Act was amended, through Bill S-3, An Act to the Amend the Indian Act, in response to the Superior Court of Québec decision in Descheneaux c. Canada (Procureur général). Amendments to address the specific issues raised by the Court will immediately correct sex-based inequities in Indian registration going back to 1951. Broader amendments that will remove sex-based inequities back to 1869 will come into force at a later date after Canada has consulted with First Nations and Indigenous Peoples on how to implement the changes.
A jointly designed collaborative process for consultation on issues relating to Indian registration, band membership and First Nations citizenship with First Nations and other Indigenous groups was also launched on October 31, 2017.
This process will consult on the implementation of the
delayed broad-based changes made under Bill S-3 as ways to reform other areas of distinction related to family status, ancestry, date of birth and Canada’s continued role in
determining Indian status and band membership. This process will be undertaken throughout 2018 and 2019.
128.60. Consider the adoption of a national plan of action in pursuance of the United Nations
Declaration on the Rights of Indigenous Peoples (UNDRIP) and implement, inter alia, the
recommendations of the CRC on the national system to protect Aboriginal children (Cape Verde);
Source of position: A/HRC/24/11/Add.1 - Para. 17
Noted G3 Indigenous peoples
A46 National Plans of Action on Human Rights (or specific areas)
A23 Follow-up to treaty bodies
F31 Children: definition; general principles; protection S16 SDG 16 - peace, justice and strong institutions Affected persons:
- children
- Indigenous peoples
Partially implemented.
Information regarding reconciliation and the UNDRIP can be found in paragraphs 11 to 24 of Canada’s report. See also paragraphs 25 to 29 for information regarding First Nations Child and Family Services and Jordan’s principle.
128.61. Adopt, in consultation with indigenous peoples, a national action plan for the
implementation of the UNDRIP (Mexico);
Source of position: A/HRC/24/11/Add.1 - Para. 19
Noted G3 Indigenous peoples
A46 National Plans of Action on Human Rights (or specific areas)
A28 Cooperation with other international mechanisms and institutions
Affected persons:
- Indigenous peoples
Not implemented.
Information regarding reconciliation and the UNDRIP can be found in paragraphs 11 to 24 of Canada’s report.
128.62. Adopt a comprehensive strategy on the situation of Aboriginal people at the federal level, to intensify the monitoring of the Nutrition North Canada Program, launched in 2011 and to develop a national plan of action (Bulgaria);
Source of position: A/HRC/24/11/Add.1 - Para. 16
Supported G3 Indigenous peoples
A46 National Plans of Action on Human Rights (or specific areas)
A42 Institutions & policies - General Affected persons:
- Indigenous peoples
Partially implemented.
Comments: The purpose of Nutrition North Canada (NNC) is to help alleviate the high cost of shipping in by air healthy food to isolated northern communities. In July 2016, the Government of Canada announced the expansion of Nutrition North Canada (NNC) to an additional 37 isolated northern communities as a result of changes to community eligibility criteria. NNC increases access to perishable healthy food at a lower cost. Given that a range of factors beyond food prices influence food choices, NNC also funds nutrition education activities.
In 2016, the Government held engagement sessions across the North on how to improve NNC in a cost effective manner. Northerners were largely appreciative of the program and the subsidy. They felt everything in the North is expensive, not just food. Northerners felt that many families are not able to afford healthy food. Further, they were concerned about the impact of climate change on
country/traditional food and seasonal transportation. They
expressed a desire for governments to do more to support access to country/traditional and local food.
In May 2017, federal government departments met with Indigenous organizations, northern retailers and airlines, and provincial and territorial governments to discuss the
feedback received during the public engagement process.
The meeting also marked the launch of an Indigenous Working Group, which includes 14 national and regional Indigenous organizations, that is co-developing options to update the program.
128.63. Enhance, through consultation mechanisms, the participation of indigenous peoples in the determination of public policies that affect them (Peru);
Source of position: A/HRC/24/11/Add.1 - Para. 16
Supported G3 Indigenous peoples
D7 Right to participation in public affairs and right to vote S16 SDG 16 - peace, justice and strong institutions Affected persons:
- Indigenous peoples
In the process of implementation.
Comments: The following is in addition to information found in paragraphs 9 to 24 of Canada’s report.
Indigenous groups were consulted prior to the release of the Discussion Paper outlining proposed changes to the environmental and regulatory review process. These groups indicated that they are seeking greater opportunity for involvement, cooperation and partnership in decision-making throughout the impact assessment and regulatory processes and to have legislative, policy and program changes
informed by Indigenous rights and titles and the UNDRIP.
Partnerships with Indigenous groups will be a core part of the new environmental assessment regime.
Canada has undertaken measures to respond to broader issues raised during consultations, including Indigenous communities’ role in project oversight, spill response, and economic benefits; this includes the creation of a number of Indigenous Advisory and Monitoring committees with respect to natural resources development.
To ensure that the voices of Indigenous youth are heard and integrated into key decision-making processes, in August 2017, Minister of Crown-Indigenous Relations and Northern Affairs appointed three Indigenous youth advisors who will gather insight and share their views and recommendations on the implementation of the Call to Action 66 of the Truth and
Reconciliation Commission, which calls for multi-year funding for community-based youth organizations to deliver programs on reconciliation. The youth advisors have established a national project, Indigenous Youth Voices, to seek advice and support from First Nations, Inuit and Métis youth across the country.
To formalize government-to-government relationships on land management, the Government of the Northwest Territories and Indigenous parties have established an Intergovernmental Council to work cooperatively and collaboratively on land management. Indigenous government representatives sit alongside representatives from the federal and territorial governments on a variety of boards that set territorial policy and make regulatory decisions for the territory or a region, including wildlife management boards, land use planning boards, and environmental assessment and review boards.
128.64. Ensure parity of funding and services between Aboriginal and non-Aboriginal communities (United States of America);
Source of position: A/HRC/24/11/Add.1 - Para. 18
Supported G3 Indigenous peoples
A63 Budget and resources (for human rights implementation) Affected persons:
- Indigenous peoples
In the process of implementation.
Comments: The Government of Canada is determined to renew the fiscal relationship with Indigenous Canadians and address the socio-economic gaps between Indigenous people and other Canadians. Distinct from the New Fiscal
Relationship process underway with the Assembly of First Nations, Canada is also engaged in a collaborative fiscal policy development process with self-governing Indigenous governments to develop a new national policy framework for the provision of federal financial support to those
governments.
One key area of discussion in the collaborative development process is how a renewed fiscal policy can support the comparability of program and services between indigenous and non-indigenous communities, including how to take into account the cost drivers associated with providing services in these communities.
Participants tabled a report and draft self-government fiscal policy framework proposal to the Minister of
Crown-Indigenous Relations and Northern Affairs in December 2017. Work will continue on further elaborating funding methodologies throughout 2018.
128.65. Continue to strengthen its relationship with indigenous peoples (Gabon);
Source of position: A/HRC/24/11/Add.1 - Para. 16
Supported G3 Indigenous peoples Affected persons:
- Indigenous peoples
In the process of implementation.
Comments: The following is in addition to information found in paragraphs 9 to 24 of Canada’s report.
Under the permanent bilateral mechanisms established with the Assembly of First Nations, the Inuit Tapiriit Kanatami and the four Inuit Nunangat Regions, and the Métis National Council and its governing members, regular meetings are held with the Prime Minister, Ministers and Senior Officials to develop policy on shared priorities, and monitor progress going forward, including implementation of the Truth and Reconciliation Commission’s Calls to Action.
On February 9, 2017, the Prime Minister and Inuit leaders signed a declaration to create the Inuit-Crown Partnership Committee, demonstrating the shared commitment to a renewed Inuit-Crown relationship between Inuit Tapiriit Kanatami and the Government of Canada. The first Métis Nation-Crown Summit took place on April 13, 2017, where the Prime Minister and the President of the Métis National Council signed the Canada-Métis Nation Accord.
On June 12, 2017, the Prime Minister and the National Chief of the Assembly of First Nations signed a Memorandum of Understanding during the first meeting between the Assembly of First Nations and the Crown.
On November 1, 2017, the Prime Minister met with Modern Treaty and Self-Governing First Nations to discuss steps taken towards self-determination and reinforce the Government of Canada’s commitment for a new government-to-government relationship.
On January 11, 2017, the Prime Minister met with the Native Women’s Association of Canada. There was a commitment to hold annual bilateral meetings, and additional meetings as required, to bring forward the voices of Indigenous women.
The same commitment was made with the Congress of
Aboriginal People who focus on off-reserve Indigenous peoples.
Coordination and information sharing on Indigenous issues with provincial and territorial governments is enhanced through the Federal-Provincial-Territorial-Indigenous Forum, a mechanism for engagement and general discussion of horizontal issues.
The Government of Ontario continues to promote collaboration and coordination across ministries on Indigenous policy and programs in partnership with First Nations, Métis and Inuit people. In 2014, the Government of Ontario established the Indigenous Economic Development Fund that provides grants and financing to Aboriginal businesses and Indigenous communities and organizations.
The fund helps promote economic development and improve socio-economic outcomes for Indigenous people. Ontario will invest $70 million over the next seven years to extend the fund.
Ontario’s Ring of Fire Secretariat works and consults with Aboriginal peoples, northern Ontarians and the mining industry to encourage responsible and sustainable economic development in the region. Through the Secretariat, the government is working closely with First Nation
communities to determine what supports they need now and in the future.
The Government of Alberta is committed to renewing its relationship with Indigenous people based on trust and respectful engagement. Alberta’s intention is to transform its relationship with Indigenous communities so that First Nations, Metis and Inuit people in the province have equal opportunities to participate in all aspects of Alberta society, while maintaining their cultures and unique identities.
In terms of the Métis, in Daniels et al. v. The Queen et al., the Supreme Court of Canada declared that Métis and non-status Indians are “Indians” for the purposes of section 91(24) of the Constitution Act, 1867, which provides for
federal legislative jurisdiction with respect to “Indians, and Lands reserved for the Indians.”
In March 2017, with Government support, the Congress of Aboriginal Peoples hosted a symposium to build greater understanding of the impacts and expectations resulting from the Daniels decision among grassroots Métis, Non-Status, and Status Indians living off-reserve and the Government of Canada.
In response the Truth and Reconciliation Commission’s Calls to Action, Canada is committed to amending the Oath of Citizenship to include reference to respecting Indigenous peoples’ treaty rights, and to updating the Canadian citizenship study guide to reflect a more inclusive history of the diverse Indigenous peoples of Canada.
128.66. Give full effect to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (Togo);
Source of position: A/HRC/24/11/Add.1 - Para. 19
Noted G3 Indigenous peoples Affected persons:
- Indigenous peoples
In the process of implementation.
Information regarding reconciliation and the UNDRIP can be found in paragraphs 11 to 24 of Canada’s report.
128.67. Take all necessary measures, including the implementation of the UNDRIP, to ensure to its indigenous peoples the full enjoyment of all their human rights, including economic, social and cultural rights, so that their quality of life is similar to the rest of citizens (Cuba);
Source of position: A/HRC/24/11/Add.1 - Para. 17
Noted G3 Indigenous peoples
E1 Economic, social & cultural rights - general measures of implementation
A28 Cooperation with other international mechanisms and institutions
Affected persons:
- Indigenous peoples
In the process of implementation.
Information regarding reconciliation and the UNDRIP can be found in paragraphs 11 to 24 of Canada’s report.
128.68. Implement the recommendation of CERD to realise the economic, social and cultural rights of aboriginal people (Turkey);
Source of position: A/HRC/24/11/Add.1 - Para. 16
Supported G3 Indigenous peoples A23 Follow-up to treaty bodies
E1 Economic, social & cultural rights - general measures of implementation
G1 Members of minorities S10 SDG 10 - inequality Affected persons:
- Indigenous peoples
- minorities/ racial, ethnic, linguistic, religious or descent-based groups
In the process of implementation.
Relevant information can found in paragraphs 25 to 36 of Canada’s report.
See also recommendations 64, 65 and 67 above.
128.69. Adopt effective measures to implement political, economic, social and culture rights of aboriginal communities and minorities, as well as prevent discrimination against them (Uzbekistan);
Source of position: A/HRC/24/11/Add.1 - Para. 15
Supported G3 Indigenous peoples
E1 Economic, social & cultural rights - general measures of implementation
B31 Equality & non-discrimination G1 Members of minorities S10 SDG 10 - inequality Affected persons:
- Indigenous peoples
- minorities/ racial, ethnic, linguistic, religious or descent-based groups
In the process of implementation.
Examples of relevant measures adopted by governments can be found in Canada’s report.
128.70. Continue to ensure the human rights of the Aboriginal people, including by realizing their economic, social and cultural rights (Indonesia);
Source of position: A/HRC/24/11/Add.1 - Para. 16
Supported G3 Indigenous peoples
E1 Economic, social & cultural rights - general measures of implementation
Affected persons:
- Indigenous peoples
In the process of implementation.
Relevant information can found in paragraphs 25 to 36 of Canada’s report.
See also recommendations 64, 65 and 67 above.
128.71. Continue in its endeavours to consistently address the skills development and training needs of Aboriginal peoples to ensure access to sustained decent work (Trinidad and Tobago);
Source of position: A/HRC/24/11/Add.1 - Para. 16
Supported G3 Indigenous peoples E31 Right to work
S08 SDG 8 - economic growth, employment, decent work Affected persons:
- Indigenous peoples
In the process of implementation.
Comments: Indigenous peoples in Canada have access to general employment and training programs and services offered by governments as well as programs that focus on Indigenous peoples.
The Government of Canada, for example, provides a full continuum of services through the Aboriginal Skills and Employment Training Strategy, from pre-employment training (e.g., literacy, numeracy and other essential skills), to more advanced training for skilled jobs. The Skills and Partnership Fund is a proposal-based program that works with employers to provide training for Indigenous people to fill job vacancies in high-demand industries.
The Government of Ontario’s Aboriginal Skills
Advancement Program supports adult learners (aged 22 years and older) from the Matawa First Nations, a northern Ontario Council with ten member communities, to complete
secondary school credentials, gain basic industrial certifications, prepare them for participation in the
workforce, or further their education and develop life skills necessary for success.
The Government of Alberta’s Aboriginal and First Nations Training to Employment programs assists unemployed or
marginally employed Indigenous people to gain skills training and/or work experience to obtain and maintain long-term employment. Alberta’s Women Building Futures Indigenous Engagement Strategy targets training and support for Indigenous women for careers in industries where women have historically been under-represented.
Programs aimed at Indigenous youth include:
• The First Nations Job Fund provides job training and skills development services to First Nations youth living in participating on-reserve communities who are: aged 18-24; deemed ready for work within one year; and receiving income assistance. The goal of the Fund is to transition First Nations youth from income assistance to meaningful employment.
• Through Income Assistance Pre-employment Supports, the Government of Canada provides case management services for First Nations youth (18-24 years) living on reserve, as well as off reserve in the Yukon Territory, who are in receipt of Income Assistance to help First Nations youth acquire better pre-employment skills, access education and training, and overcome barriers to employment.
128.72. Step up its efforts in order to raise the level of employment and education of indigenous peoples and to react to the difficulties facing people living in isolated communities (Gabon);
Source of position: A/HRC/24/11/Add.1 - Para. 16, 33
Supported G3 Indigenous peoples E31 Right to work
E51 Right to education - General S04 SDG 4 - education
S08 SDG 8 - economic growth, employment, decent work Affected persons:
- Indigenous peoples
In the process of implementation.
See recommendation 71 above regarding employment.
Comments: Government of Canada investments in education on reserve include funding to:
• expand language and cultural programming in elementary and secondary schools on-reserve;
• address immediate pressures and keep pace with cost growth;
• improve literacy and numeracy programs;
• improve special needs education;
• support Indigenous land-based education innovations, physical activity and sport; and
• support First Nation education infrastructure for the construction, maintenance and repair of school facilities.
In addition, the Government of Canada is in the process of engaging with First Nation leadership, communities and families on transforming Indigenous education on-reserve while seeking to establish partnerships with First Nations to improve student achievement and develop greater capacity.
Examples partnerships that have been established since 2016 include:
• In 2016, Canada and the Manitoba First Nations Education Resource Centre signed an Education Governance Agreement for the creation of a culturally relevant, high quality First Nations school system. This Agreement supports 10 First Nations and 10 schools with approximately 1,715 students.
• In 2016, the Institut Tshakapesh, with the Governments of Canada and Québec, signed the Agreement to Support the School Attendance and Academic Success of Innu
• In 2016, the Institut Tshakapesh, with the Governments of Canada and Québec, signed the Agreement to Support the School Attendance and Academic Success of Innu