UNDRIP Bill C-15 is an attack on Indigenous sovereignty: Diabo: 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.

UNDRIP Bill C-15 is an attack on Indigenous sovereignty: Diabo: 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.Read More