Fundamentally, UNDRIP sets forth the following changes in practice.
- Consultation to consent-based engagement
- Risk management to rights recognition
- Inclusion to shared decision-making
- Cultural awareness to enacting structural and systemic change
- Short-term projects to long-term relationships
How is UNDRIP Implemented in Canada – a Brief
At the Federal level UNDRIP Act (Bill C-15), Federal Action Plan, Alignment of federal laws and policies
At the Provincial/Territorial level Provincial action plans and statutory alignment, an example is BC Declaration on the Rights of Indigenous Peoples Act (DRIPA)
Municipal level being referenced and included in policies and Reconciliation strategies.
Beyond Government implementation and alignment within crown corporations, public institutions, organizations, and entities influencing Indigenous Rights.
Gaps and Cautions
As noted in the public lecture referenced above, Advancing Implementation: The UN Declaration on the Rights of Indigenous Peoples & Canada Today, there are notable gaps and cautions:
- A need for non-governmental progress monitoring and evaluation.
- An international Indigenous strategy to embed Indigenous rights across international grade, climate action, international development and foreign policy.
- Caution against compliance checklist.
- Redress on valuation and mechanisms through UN bodies are needed.
- Caution on bypassing FPIC and the implications of doing so.
- Indigenous decision makers are needed, not just as consultees.
What does this mean for lawyers and law firms?
It is worth noting, with high importance, the growing awareness, importance, and influence of UNDRIP on Indigenous peoples as well as Indigenous communities and organizations. While there may be some hesitation within Indigenous communities toward UNDRIP, there are significant Indigenous leaders and legal scholars with a firm grasp of and a willingness to promote the significance of UNDRIP. Renowned Law Professor John Borrows, for example, is a major proponent of UNDRIP.
Professional Responsibility and the Practice of Law
UNDRIP has important implications for the legal profession. As Canada continues to advance the implementation of UNDRIP through legislation, policy, and jurisprudence, lawyers and law firms have a professional responsibility to ensure that their conduct, advice, and institutional practices do not undermine the rights of Indigenous peoples and, where possible, contribute to their protection and advancement.
This responsibility extends to interactions with First Nations, Inuit, and Métis peoples in all professional contexts, including Indigenous partners, employees, students, clients, witnesses, and members of the public who engage with the legal system. UNDRIP reinforces that Indigenous peoples are rights holders, not merely stakeholders, and that their rights are grounded in inherent sovereignty, distinct legal orders, and constitutional recognition.
UNDRIP as a Relevant Legal Framework
UNDRIP functions as an increasingly important interpretive and contextual framework. Legal professionals must understand that UNDRIP informs:
- The interpretation and application of federal legislation.
- The development of government policy and regulatory decision-making; and
- Judicial reasoning, including constitutional and administrative law analysis.
For legal practitioners, this means that advice, advocacy, and risk assessments that ignore UNDRIP—or treat it as purely aspirational—may be incomplete or outdated. Lawyers have a duty to remain attentive to how UNDRIP is being applied across courts, tribunals, and legislative reform processes, and to adjust their legal analysis accordingly.
Practice Implications for Lawyers and Firms
Law firms and legal practitioners can promote and protect the rights of Indigenous peoples by embedding UNDRIP-informed considerations into everyday legal practice. This includes:
- Recognizing how UNDRIP may shape statutory interpretation, regulatory processes, consultation obligations, and the evolving understanding of Crown conduct.
- Advising clients with an awareness of Indigenous rights and jurisdiction, particularly where projects, policies, or disputes may affect Indigenous lands, governance, or community well-being; and
- Conducting legal work in a manner that avoids perpetuating harm, exclusion, or re-traumatization of Indigenous peoples within legal processes.
This legal companion guide provides practical examples to support members of the legal profession in aligning their professional conduct with these responsibilities.
Language, Legal Definitions, and Respectful Practice
Lawyers and legal practitioners should be attentive to terminology and legal definitions when working in Indigenous contexts. This includes understanding the constitutional meaning of “Aboriginal peoples of Canada” – First Nations (status and non-status), Inuit and Metis -- under section 35 of the Constitution Act, 1982, a term which was developed with Aboriginal peoples of Canada. It is also important to understand that the term “Indigenous” is used in UNDRIP and international human rights law as well as in non-legal contexts. The term Indian also has specific legal meaning in Canada under s. 91 of the Constitution and the Indian Act, meaning which is unique but not mutually exclusive of Indigenous and Aboriginal. To be an effective advocate, it is critical to use the proper legal language in specific legal contexts. It is also critical to understand the language that your client wishes you to use outside of court documents. While the term Indian for example, is generally only used by non-Indigenous people in the relevant legal contexts, many Indigenous people still proudly refer to themselves as Indians, and they may prefer you do the same. While Indigenous is the common global term, many members of the community oppose the term for its ambiguity, believing its inherent non-specificity as a contributor to the growing problem of cultural identity fraud or pretendianism. Finally, while some people believe the term Aboriginal is outdated, it is significant that the term Aboriginal is specific to Canada and was developed by Aboriginal people here in Canada. Aboriginal is an inclusive, legally significant term that refers specifically to the distinct groups in Canada who hold distinct rights.
Asking clients what language, they prefer is the best way to ensure that clear, respectful, and accurate language is not merely a matter of courtesy, it is a component of competent legal practice. Just as important, it is key to building respectful Indigenous relations.
Trauma-Informed and Rights-Respecting Lawyering
UNDRIP’s emphasis on dignity, equality, and non-discrimination underscores the importance of trauma-informed legal practice, particularly given the documented impacts of colonial policies, including residential schools, child welfare systems, and forced displacement. Not just on individuals but communities as well.
Trauma-informed practice requires law practitioners to:
- Be mindful of how legal processes, courtroom dynamics, and communication styles may affect Indigenous clients and witnesses.
- Take reasonable steps to avoid unnecessary re-traumatization; and
- Advocate effectively while minimizing harm, including through careful handling of sensitive evidence and respectful engagement with the court.
This approach is about being aware and holding understanding and behaviour in a manner consistent with human rights, constitutional values, and ethical obligations in Indigenous peoples and communities are contextualized within Canadian society.
Keeping Pace with UNDRIP’s Ongoing Evolution
UNDRIP implementation in Canada is not static. It is advancing through legislative alignment, action plans, policy reform, and judicial consideration. Lawyers and law firms must therefore treat UNDRIP as a living framework—one that requires ongoing attention to developments in law, policy, and jurisprudence.
Competent legal practice in Canada increasingly demands awareness of how UNDRIP shapes the legal landscape. For lawyers and law firms, this is not optional advocacy work; it is part of providing informed, ethical, and forward-looking legal services in a changing legal environment.