The Canadian government is currently examining what it means to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The most likely approach is to adapt UNDRIP to the existing juridical framework for Aboriginal rights and title under section 25 of the Charter, section 35 of the Constitution Act, 1983 and section 91(24) of the Constitution Act, 1867.

However, in this video, CIGI Fellow Joshua Nichols argues that this approach is not advisable in Canada. Instead, UNDRIP should be used as a means to expose the problems with the current legal framework and to change the law by removing the doctrine of discovery from Canadian law. By using UNDRIP to revitalize the current body of law and remove the existing barriers to self-determination, it is possible to foster a real nation-to-nation relation and restart the currently stalled process of reconciliation.

The opinions expressed in this article/multimedia are those of the author(s) and do not necessarily reflect the views of CIGI or its Board of Directors.
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