In 2015, the Truth and Reconciliation Commission (TRC) released its 94 Calls to Action. At the very heart of that report, Call to Action #43 identified a single document as the official “framework for reconciliation”: **UNDRIP**.
For most Canadians, this raised a huge question: What is UNDRIP? Far from a simple document, it has been at the center of Canada’s most complex legal and political debates for nearly two decades. Here is a plain-language explainer of what the UN Declaration is, what it isn’t, and what it actually means for Canada.
What is UNDRIP? A Plain-Language Guide
The **United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)** is a comprehensive international human rights instrument adopted by the UN General Assembly in 2007. Its goal is to establish the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.”
It does not create “new” or “special” rights. Instead, it affirms and contextualizes existing human rights—like self-determination, culture, and land rights—that have been historically denied to Indigenous peoples through colonization.
Canada’s 180-Degree Reversal on UNDRIP
Canada’s relationship with the Declaration has been defined by a complete policy reversal, which happened in three distinct phases:
- 2007: The “No” Vote
When the UN adopted UNDRIP, Canada was one of only four countries to vote against it. The government at the time called the text “fundamentally flawed,” arguing it was “incompatible with Canada’s constitutional framework”—a position widely seen as a rejection of its principles on land and consent. - 2010: The “Aspirational” Endorsement
Following domestic and international pressure, the government officially endorsed the Declaration, but with a major catch. It was framed as a “non-legally binding” and “aspirational document,” essentially a set of lofty goals with no real-world legal teeth. - 2016: “Full, Unqualified Support”
In a complete pivot, a new federal government announced its “full, unqualified support” for UNDRIP, promising to implement it. This policy shift was the necessary first step to fulfilling the TRC’s Calls to Action.
Is UNDRIP “Law” in Canada? (A Common Question)
This is the most common point of confusion. As a UN “Declaration,” UNDRIP is not a treaty and is not automatically incorporated into Canadian law.
To address this, the federal government passed the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-15), which became law in June 2021.
This Act does not make all 46 articles of UNDRIP instantly and directly the law of Canada. Instead, the Act is a legal “framework” that creates a mandatory, ongoing process. It legally binds the federal government to two main tasks:
- To “take all measures necessary to ensure that the laws of Canada are consistent with” the Declaration, which involves a long-term review and alignment of all federal laws over time.
- To prepare and implement a national “Action Plan” in consultation and cooperation with Indigenous peoples.
In June 2023, the government released its first UNDRIP Act Action Plan (2023-2028), a “roadmap” with 181 specific measures to achieve the Declaration’s goals.
The Core Principles (What Does It Actually Say?)
The Declaration contains 46 articles, but its purpose can be understood through three foundational principles:
- Self-Determination (Articles 3 & 4): This is the central pillar. It is the inherent right for Indigenous peoples to “freely determine their political status and freely pursue their economic, social and cultural development,” including the right to “autonomy or self-government in matters relating to their internal and local affairs.”
- Land, Territories, and Resources (Article 26): This affirms the right of Indigenous peoples to “own, use, develop and control the lands, territories and resources which they have traditionally owned, occupied or otherwise used.”
- Cultural Rights (Articles 11 & 13): This is the right to “practice and revitalize their cultural traditions and customs” and to “revitalize, use, develop and transmit to future generations their histories, languages, [and] oral traditions.”
The Big One: What “Free, Prior and Informed Consent” (FPIC) Really Means
No part of UNDRIP is more controversial or misunderstood than “Free, Prior and Informed Consent” (FPIC). It was the main reason Canada originally voted “no.”
What FPIC Does NOT Mean: A “Veto”
A persistent myth is that FPIC grants Indigenous peoples an absolute “veto power” over all development projects. This is false. The word “veto” does not appear in the Declaration or the *UNDRIP Act*.
The Department of Justice has been clear that FPIC “is not a veto on government decision-making” and does not “remove or invalidate” the government’s authority to make final decisions.
What FPIC DOES Mean: A “Robust Process”
FPIC is a collective right to a “robust process” of good-faith negotiation, partnership, and shared decision-making before decisions are made on projects that affect Indigenous rights or lands. The goal of this process is to *achieve* consent.
A March 2025 Federal Court decision in *Kebaowek First Nation v Canadian Nuclear Laboratories* provided crucial clarity. The Court ruled that with the *UNDRIP Act* in force, FPIC “do[es] not amount to a veto” but *does* require a “heightened emphasis on… negotiations geared toward a mutually accepted arrangement.”
This reframes the entire debate. The old model of “consult-approve-litigate” creates massive risk and uncertainty. The FPIC model, by requiring a robust process to achieve partnership *first*, is seen by many as the only way to de-risk projects and create long-term economic stability.
The “Implementation Gap”: Promise vs. Reality
Just as with the TRC Calls, there is already a significant “Implementation Gap” between the government’s promise and the reality on the ground.
The government’s 2025 annual progress report highlights successes like advancing an Indigenous Justice Strategy. However, the Assembly of First Nations’ (AFN) 2025 progress report paints a starkly different picture. The AFN found “no visible progress” on nearly half of the plan’s measures, citing “inadequate funding and resources” as a major barrier.
This gap shows that while the *UNDRIP Act* has become law, the real, on-the-ground work of changing Canada’s laws and processes to align with the Declaration has only just begun.