A Decade of Progress on Indigenous Rights… and Many More to Go

The last decade has seen the overlap of two historic developments: The election of a prime minister in 2015 on an explicit promise of reconciliation between the government of Canada and Indigenous Peoples, and, one month later, the release of the final report of the Truth and Reconciliation Commission. Perry Bellegarde, former National Chief of the Assembly of First Nations, looks back on 10 years in the life of Indigenous rights and reconciliation.

Perry Bellegarde

What comes to mind when I’m asked, “Where and how has Canada changed in the last decade where Indigenous Peoples are concerned?”

When I think back to the winter of 2012-2013, I immediately think of the “Idle No More” movement. Indigenous People and allies came together in an unprecedented groundswell of protest that – looking back – marked the beginning of a vital shift in Canadian politics.

There were specific catalysts for Idle No More, including efforts by the government of the day to fast-track resource development projects without regard for the rights of Indigenous Peoples. More than anything, however, the protests were grounded in a younger generation’s rising frustration over a Canada in which Indigenous Peoples continued to be left out and left behind.

By any measure – including income disparity, life expectancy, secondary school graduation rates, infectious disease rates, suicide rates, and incarceration rates – there is vast quality-of-life gulf between Indigenous people and non-Indigenous Canadians. In 2006, at a time that Canada ranked between 6th and 8th on the UN Human Development Index, First Nations were living in conditions comparable to countries between 63rd and 78th on the list. Furthermore, the federal government’s Community Well-Being Index showed that there had been no progress in closing this gap in at least a quarter-century. 

This gulf exists for a reason. As more and more Canadians are now recognizing, colonial policies such as the Indian residential school system, caused profound and lasting harm to Indigenous Peoples. Decades of racist and discriminatory policies have stood in the way of Indigenous peoples healing from these harms or rebuilding flourishing societies based on our own values and ways of being.

In the winter of 2012-13, our young people were rightfully expressing their outrage and demanding action. I believe that they had a profound impact on the decade that followed. 

In 2015, Indigenous Peoples became a powerful force in the federal election. Ministerial Mandate letters signed by newly elected Prime Minister Justin Trudeau made reconciliation with Indigenous Peoples a critical government priority. This included reversing the previous government’s opposition to the United Nations Declaration on the Rights of Indigenous Peoples – a global framework for reconciliation forged through decades of international Indigenous advocacy.

That same year, the Truth and Reconciliation Commission of Canada issued its final report, carefully written based on the truths shared by almost 7,000 Survivors of the Indian residential school system. The report included 94 Calls to Action – all of which were adopted by the federal government – and identified the UN Declaration as “the framework for reconciliation at all levels and across all sectors of society.”

An era of highly productive partnership with the federal government ensued, based on the Assembly of First Nations 2015 national platform, Closing the Gap. Closing the Gap ended a 20-year-long federal cap on First Nations funding and resulted in new investments of more than $45 billion in the six federal budgets between 2016 and 2021. This included $3.3 billion committed to on-reserve education, and $1.4 billion for child welfare.

The federal government also worked in partnership with the AFN and other national Indigenous organizations to co-develop and adopt key legislation to uphold the rights of Indigenous Peoples. The Indigenous Languages Act, which supports Indigenous leadership in reclaiming, revitalizing, maintaining and strengthening Indigenous languages in Canada, came into law in 2019. That same year, Parliament adopted An Act Respecting First Nations, Inuit and Métis Children, Youth and Families, which establishes a collaborative framework for Indigenous governments wishing to assume jurisdiction over child and family services. Finally, the 2021 Act Respecting the UN Declaration on the Rights of Indigenous Peoples established a legal requirement and process for the federal government to fully implement the Declaration in law and policy.

These are all critical foundations for long-term change. While overcoming the impact of decades of colonialism and discrimination will not happen quickly, I have no doubt that the reforms of the last decade will have an enduring and widespread impact for First Nations – and will provide positive models for other countries.

Today, Indigenous Peoples– and, indeed, all people around the world – live in the midst of several unprecedented and simultaneous global challenges: climate change, threats to our natural world or biodiversity, and the ongoing impacts of the COVID pandemic and the inevitability of other outbreaks in the future. What do these threats mean for Indigenous Peoples and upholding our rights?

First, there is growing awareness that Indigenous Peoples hold teachings and solutions essential for the restoration of our natural world and adaptation to climate change. Despite the ravages of colonialism, Indigenous Peoples continue to steward some of the world’s healthiest and vital ecosystems. Programs such as the Indigenous Leader Initiative and the Indigenous Guardians demonstrate that First Nations are uniquely positioned to integrate sustainable livelihoods and the protection of vital ecosystems. In this way, First Nations are creating models of sustainability that will benefit the whole world.

Thousands of Indigenous People marching on Parliament Hill in May 2015 in the walk to commemorate the conclusion of the work of the landmark Truth and Reconciliation Commission. — AFN photo

Second, it is important to acknowledge that far too many Indigenous families and communities continue to live in precarious social and economic conditions. While Indigenous values and traditions emphasize the importance of long-term, inter-generational thinking, our circumstances force many First Nations to struggle from crisis to crisis.

The UN Expert Mechanism on the Rights of Indigenous Peoples tells us reconciliation requires constructive action to address the ongoing aftermath of colonialism, which has wreaked havoc on Indigenous Peoples’ education, cultures and languages, health, child welfare, and economic prosperity. It is more urgent than ever to invest in services, and capacity for service delivery, so that the reforms promised in Ottawa can more quickly translate into tangible improvements in everyday life. Third, achieving a global balance between economic prosperity and environmental protection cannot be separated from respecting the rights of Indigenous Peoples to govern ourselves, including making decisions about our own lands and territories. Most of the proposed solutions for achieving net zero – new clean power stations, expanded transmission lines, carbon capture and storage facilities, and new mines to provide the raw materials needed for electric vehicle battery production – rely on Indigenous lands and resources.

Projects that are not compliant with the UN Declaration will be non-starters for Indigenous leaders, nations, and their members – all of whom expect, at a minimum, free prior and informed consent, and equitable participation in all new projects on their lands and waters. Projects that are supportive of Indigenous environmental, social, and economic self-determination priorities stand a much better chance of being built.

Clearly, we must do better to avoid and mitigate increased climate change impacts. We must meet the objective of limiting the average global temperature increase to no more than 1.5 degrees Celsius. We will be abdicating our responsibilities to future generations and to the Earth unless we meet that challenge.

Indigenous Peoples are ready to share our knowledge and contribute to the goal of sustainable development as equal members in the human family. We must execute effective plans and strategies to ensure all families have access to a decent and secure standard of living, without jeopardizing the health and well-being of future generations by continuing to devastate our Mother, the Earth, and all that she holds.

The last decade has seen tremendous advancement in the recognition of Indigenous Peoples’ rights in federal law and policy. This must be the foundation moving forward. Rather than reopening old debates about subjects such as Canada’s support for the UN Declaration, we need to focus our energy and resources in putting these rights into practice in every Indigenous community – and ensuring that we leave no one behind.

Perry Bellegarde, former National Chief of the Assembly of First Nations, is an Adviser to King Charles III on his Sustainable Markets Initiative, Honourary President of the Royal Canadian Geographical Society and Special Adviser to the Fasken law firm.