How does the UN Declaration affect Canada s Charter of Rights and Freedoms and the Indian Act?
” The Conservative government claims that the UN is “inconsistent” with the Canadian Charter, but this is patently untrue. The Declaration actually enhances and reinforces the human rights protections in the Canadian Charter. There are numerous provisions in the Declaration that safeguard individual rights. For example, article 22 of the UN Declaration specifically provides for special measures aimed at ensuring that Indigneous women and children enjoy the right to live free from violence and discrimination. It also provides for particular attention to be paid regarding the rights of Indigenous elders, people with disabilities, youth, women and children. Article 42 affirms that all rights and freedoms recognized in the Declaration are “euqally guaranteed to male and female indigenous individuals.” In exercising all the rights in the Declaration, “human rights and fundamental freedoms of all shall be respected.” Further, every provision in the Declaration must be interpreted “in accorda
