Bill C5 goes against…

ERO number

025-0418

Comment ID

127061

Commenting on behalf of

Individual

Comment status

Comment approved More about comment statuses

Comment

Bill C5 goes against Indigenous rights of land use in traditional and treaty territories and is not done with Free prior or informed consent from Indigenous Communities.

United Nations Declaration on the Rights of Indigenous Peoples

Article 11
1. Indigenous peoples have the right to practise
and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future
manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and
performing arts and literature.
12
2. States shall provide redress through effective
mechanisms, which may include restitution,
developed in conjunction with indigenous
peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in
violation of their laws, traditions and customs

Duty to consult

Ontario, as the Crown, has a legal obligation to consult with Aboriginal peoples where it contemplates decisions or actions that may adversely impact asserted or established Aboriginal or treaty rights. Ontario is committed to meeting its duty to consult with First Nations and Métis communities.

The duty to consult, and where appropriate accommodate, is rooted in:

the Honour of the Crown (a legal principle that commits government to act with integrity)
the protection of Aboriginal and treaty rights under section 35 of the Constitution Act, 1982

TRC Calls to Action

43. We call upon federal, provincial, territorial, and
municipal governments to fully adopt and implement
the United Nations Declaration on the Rights of
Indigenous Peoples as the framework for reconciliation.
44. We call upon the Government of Canada to develop
a national action plan, strategies, and other concrete
measures to achieve the goals of the United Nations
Declaration on the Rights of Indigenous Peoples.

Supporting documents