Strategy 8
Track 2

Aligning Legislation in the Justice Sector with the UN Declaration

Illustration from Mack Paul

BCFNJC and BC will jointly review legislation to align laws with the UN Declaration and to advance necessary legislative changes for justice reform.

The Challenge

Meaningful and necessary legislative changes are needed to affirm and support Indigenous self-determination and the rebuilding of Indigenous justice systems and institutions. To effect these changes, BC needs to fulfill its obligations under Section 3 of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) – bring provincial laws into alignment with the UN Declaration on the Rights of Indigenous Peoples (UN Declaration). 

The Solution

Through Strategy 8, BCFNJC and BC will undertake a joint review of relevant legislation to identify potential legislative changes that uphold UN Declaration standards and create space for the operation and recognition of Indigenous justice systems and institutions. The review will consider a range of approaches and forms of legislative change, from specific and relatively straightforward amendments to more complex changes needed for transformed relations, including potential amendments related to facilitating specific agreements or initiatives with First Nations.

Line of Action

(1)
A
BCFNJC and BC will co-ordinate with processes being undertaken pursuant to section 3 of DRIPA to ensure review and necessary legislative changes in relation to the justice sector take place.
Status in-progress
More info 00BCFNJC submitted to the First Nations Leadership Council a preliminary assessment of legislation pertaining to the justice sector that requires alignment per the Declaration Act on the Rights of Indigenous Peoples Act (DRIPA). BCFNJC has met with the Declaration Act Secretariat on several occasions to identify how best to move this work forward. Work is ongoing. The BC First Nations Strategy was completed prior to the United Nations Declaration Act (UNDA)becoming law in Canada. As part of the engagement work to develop a submission to Canada for the Federal Indigenous Justice Strategy, BCFNJC worked with experts to identify key pieces of legislation that will need to be amended to become UNDA compliant. This work in ongoing.

Timeline

2019
Declaration Act on the Rights of Indigenous Peoples Act becomes law in BC.
2020

United Nations Declaration Act  becomes law in Canada.