Russ Diabo says the federal government's UNDRIP Bill C-15 is an attack on Indigenous sovereignty and self-determination.
If passed, Bill C-15 will be used by the government of Canada to reinforce the status quo because the Bill makes it clear that existing national laws—many of which violate Indigenous rights—will prevail over UNDRIP;
The main sections of Bill C-15, particularly section 2, maintain the common law interpretation of section 35(1) and section 35(2) of the Constitution Act, 1982, which is heavily based on the colonial Doctrine of Discovery, which strips Indigenous people of their land ownership and land rights;
The primacy of the Doctrine of Discovery means Canadian courts will continue to adjudicate using existing case law based on section 35 of the Constitution Act, 1982, and these rulings have caused major harm to the daily life for Indigenous Peoples and Nations including:
The imposition of Crown sovereignty over Indigenous peoples, including self-government rights;
Disregarding Indigenous laws and legal traditions;
Establishing that the Crown has “ultimate title” to land;
The burden of proof imposed on Indigenous Peoples and Nations to establish their rights in Canadian courts;
The ability for the Crown to infringe Aboriginal rights based on the “Sparrow test” that allows infringement of Aboriginal rights under all sorts of circumstances;
The erosion of the duty to consult and accommodate to nothing more than a procedural right that is reviewable based on administrative law principles.
