UNDRIP and Indigenous Rights: Assessing the Implications for Alberta’s Jurisdiction and Indigenous Autonomy

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, claims to protect Indigenous rights but poses significant risks to Alberta’s sovereignty and Indigenous self-determination. While framed as a tool for justice, critics argue it could destabilize Canada’s legal framework, hinder economic development, and perpetuate dependency within Indigenous communities.

What Is UNDRIP?

UNDRIP outlines 46 articles affirming Indigenous rights to self-determination, land ownership, and cultural preservation^{3, 9}. Notably, Article 3 grants Indigenous groups the right to “freely determine their political status,” while Article 26 mandates state recognition of traditional territories¹. Despite its aspirational language, Canada initially opposed UNDRIP alongside the U.S., Australia, and New Zealand over due to concerns about conflicting legal obligations¹.

The Trojan Horse Effect

1. Economic Paralysis: Implementing UNDRIP could grant Indigenous groups veto power over resource projects, jeopardizing Alberta’s energy sector. John Kim Bell, an Indigenous leader, warned it would “paralyze the entire Canadian economy”¹. With resource development as a key driver of Indigenous employment in remote areas, this veto may threaten livelihoods.

1. Litigation Overload: Canada already faces 45,000 Indigenous claims. UNDRIP could exponentially increase litigation by subjecting federal, provincial, and municipal laws to Indigenous challenges. Former deputy minister Harry Swain criticized UNDRIP for emphasizing rights without responsibilities or conflict-resolution mechanisms.

1. Cultural Contradictions: UNDRIP’s broad recognition of cultural rights risks reviving practices incompatible with modern values, such as historical slavery or gender inequality in some Indigenous traditions. Swain questioned whether Canada’s Charter of Rights would override such conflicts.

Federal Failures and Indigenous Realities

Despite $1 trillion spent on Indigenous programs since 1982, living standards on reserves remain stagnant. UNDRIP risks entrenching this status quo by prioritizing symbolic rights over practical solutions. As lawyer Peter Best notes, it could “diminish Crown sovereignty” while failing to address systemic poverty.

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Source:

¹ https://drive.google.com/file/d/141_5-HJ2XWHktgC30gNxfTCPJ6KfbgSZ/view?usp=sharing

https://www.firstpeopleslaw.com/public-education/blog/the-alberta-sovereignty-act-and-indigenous-jurisdiction

³ https://www.cbc.ca/news/canada/saskatchewan/alberta-sovereignty-act-saskatchewan-first-1.6677493

https://www2.deloitte.com/ca/en/pages/press-releases/articles/report-indigenous-sovereignty-shared-prosperity.html

https://www.nationalobserver.com/2023/06/21/explainer/ottawas-action-plan-enshrine-indigenous-rights-coming-heres-what-to-know

https://yellowheadinstitute.org/wp-content/uploads/2020/12/yellowhead-institute-bc-undrip-report-12.20-compressed.pdf

https://en.wikipedia.org/wiki/Alberta_Sovereignty_Within_a_United_Canada_Act

https://www.albertanativenews.com/new-report-focuses-on-how-to-achieve-indigenous-sovereignty-and-shared-prosperity/