Department of Justice Canada: Ottawa, Traditional Unceded Algonquin Territory – Department of Justice Canada

The recognition of the rights of Indigenous peoples affirmed in Canada’s Constitution is a fundamental element of Crown-Indigenous relationships.

Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, announced the next phase of consultation and cooperation with Indigenous peoples on non-derogation clauses.

The Government of Canada is releasing a draft legislative proposal that would amend the federal Interpretation Act to include a non-derogation clause associated with upholding section 35 Aboriginal and treaty rights which would apply to all federal laws.

A non-derogation clause is a statement in a law or piece of legislation that indicates the law should be interpreted to uphold, and not diminish, other existing rights – in this case, the rights of First Nations, Inuit and Métis affirmed by section 35 of the Constitution Act, 1982.

In 2022, Justice Canada began a consultation and cooperation process with Indigenous partners regarding the use of non-derogation clauses in federal laws.

First Nations, Inuit and Métis are invited to review the draft legislative proposal and provide feedback by email or using an online submission form. In addition, meetings will continue with Indigenous partners on related measures to clarify that all federal laws should be interpreted to uphold Aboriginal and treaty rights. The draft legislative proposal will remain online and open for comments until April 14, 2023.

Together, in the spirit of reconciliation and guided by the United Nations Declaration on the Rights of Indigenous Peoples Act, these next steps will affirm the rights of Indigenous peoples and support stronger nation-to-nation, Inuit-Crown, government-to-government relationships.

Quotes

“The necessary work to promote, protect and affirm Indigenous rights must be done in partnership with Indigenous peoples. The draft proposal we are releasing today continues our commitment to listening to First Nations, Inuit, and Métis. Together we will build stronger nation-to-nation, Inuit-Crown, government-to-government relationships.“

— The Hon. David Lametti, Minister of Justice and Attorney General of Canada

Quick facts

• The federal Interpretation Act is a technical statute that provides a single uniform standard for the interpretation of all federal laws. The inclusion of a non-derogation clause in the Act would achieve the goal of ensuring all federal laws are interpreted to uphold Aboriginal and treaty rights.
• A 2007 Senate Committee on Legal and Constitutional Affairs report recommended that the Government of Canada introduce legislation to add a non-derogation clause to the federal Interpretation Act and repeal current non-derogation clauses found in other federal statutes.
• Justice’s early engagement with Indigenous peoples in 2021 determined that many supported the 2007 Senate Committee recommendation.
• In keeping with the United Nations Declaration on the Rights of Indigenous Peoples Act, requirements, consultation and cooperation on the non-derogation clause legislative initiative has been ongoing since 2021.

Related products

• Explanatory note on draft legislative proposal
• Draft legislative proposal
• Online survey on the draft legislative proposal
• Background information
• Preliminary engagement and what we learned
• 2007 Senate Committee Report: Taking Section 35 Rights Seriously

Contacts

For more information, media may contact:

Diana Ebadi
Press Secretary
Office of the Minister of Justice and Attorney General of Canada
343-574-3446
Diana.Ebadi@justice.gc.ca