The application and implementation of UNDRIP in Canada is ongoing, with significant efforts being made to align laws and policies with its principles in collaboration with Indigenous peoples. UNDRIP operates in Canadian law through federal and provincial legislation.
Canada endorsed the UNDRIP as an aspirational document in 2010, initially describing it as non-legally binding and consistent with Canadian laws. However, in 2016, Canada formally adopted UNDRIP without qualification, committing to its implementation in accordance with the Canadian Constitution. This culminated in the enactment of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIPA) in 2021, which received Royal Assent on National Indigenous Peoples Day, June 21, 2021. The Act affirms UNDRIP as a universal international human rights instrument with application in Canadian law and requires the Government of Canada to ensure that Canadian laws are consistent with UNDRIP. The Act also mandates the preparation and implementation of an action plan to achieve the objectives UNDRIP, and mandates annual progress reports on the Act’s implementation.
British Columbia was the first province in Canada to enact legislation to implement UNDRIP, passing the Declaration on the Rights of Indigenous Peoples Act (DRIPA) in 2019. This provincial legislation similarly requires BC laws align with UNDRIP principles and requires an action to meet UNDRIP’s objectives. At the time of writing, BC politicians are seeking amendments to DRIPA.
In a November 2025 public lecture titled Advancing Implementation: The UN Declaration on the Rights of Indigenous Peoples & Canada Today, Naomi Metallic, Associate Professor of Law at Dalhousie University noted courts have engaged with UNDRIP in at least 34 cases since 2020.
UNDRIP is proving to be an important Indigenous human rights tool and a significant driver of Canadian law.
A Chronological Implementation Overview of UNDRIP in Canada
2007 - Canada Votes Against UNDRIP
- Canada voted against the adoption of the United Nations Declaration on the Rights of Indigenous Peoples at the UN General Assembly, alongside Australia, New Zealand, and the United States.
- The federal government expressed concern that UNDRIP was inconsistent with Canada’s constitutional framework, particularly with respect to land, resources, and the concept of free, prior and informed consent (FPIC).
2010 - Endorsement “in Principle”
- Canada issued a Statement of Support endorsing UNDRIP as an aspirational, non-legally binding instrument.
- The endorsement was expressly qualified, emphasizing that UNDRIP would be interpreted in a manner consistent with the Canadian Constitution, including section 35 of the Constitution Act, 1982.
- At this stage, UNDRIP was not treated as a framework for legislative or policy reform.
2016 - Full Support “Without Qualification”
- Canada formally announced its full support for UNDRIP without qualification.
This marked a significant policy shift, with the federal government recognizing UNDRIP as a framework for reconciliation and a guide for the interpretation and implementation of Indigenous rights. - The government committed to working toward implementation through laws, policies, and practices, though no immediate legislative mechanism was introduced at that time.
2021 - UNDRIP Act Comes into Force (Bill C-15)
- Parliament enacted the United Nations Declaration on the Rights of Indigenous Peoples Act, S.C. 2021, c. 14 (formerly Bill C-15).
- The Act does not directly incorporate UNDRIP into Canadian law; instead, it establishes a statutory framework for implementation, including obligations to:
- Ensure federal laws are consistent with UNDRIP;
- Co-develop an action plan with Indigenous peoples; and
- Table annual reports in Parliament on progress.
- The Act affirms UNDRIP as an interpretive instrument relevant to the development and application of federal law.
2023 - Federal UNDRIP Action Plan (2023–2028)
- Canada released the UNDRIP Action Plan covering the period 2023–2028.
- The plan contains 181 measures across priority areas including self-determination, lands and resources, economic reconciliation, justice, child welfare, and accountability.
- UNDRIP implementation is treated as an ongoing process, supported by public reporting and updates.
2024 - Supreme Court of Canada Cites UNDRIP
- In the Supreme Court Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5, (Act Respecting FNIM children and families) the Supreme Court of Canada cited UNDRIP in upholding the constitutional validity of the federal legislation
- The Court’s confirmation of Parliament’s authority to enact the Act Respecting FNIM children and families, demonstrates UNDRIP as a relevant interpretive and contextual source for constitutional analysis