The Indigenous Peoples in Canada are collectively known as "Aboriginal Peoples". The Constitution Act of 1982 recognizes three groups of Aboriginal Peoples: Indians, Inuit and Métis. In Canada, Indigenous Peoples continue to be harmed by the non-recognition of their rights and title, the harmful impacts of extractive industries on those rights, and the slow implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). At the same time, Indigenous Peoples face longstanding social inequities in areas such as health care, education, child welfare, and the ongoing crisis of violence against Indigenous women and girls.

In 2010, the Canadian government announced its support for the UNDRIP, which was adopted by the United Nations General Assembly in 2007. This decision was a reversal of Canada's previous opposition to the UNDRIP, which it maintained together with Australia, the United States and New Zealand. All have reviewed their attitude towards the UNDRIP, and two Crown Governments: the federal government and the provincial government of British Columbia have developed pieces of legislation dedicated to the implementation of the UNDRIP: UN Declaration Act (2023, Canada) and the UNDRIP Act (2021, BC).

The Government of Canada has highlighted four important principles that govern its relations with Indigenous Peoples. These are the recognition of rights, respect, cooperation, and partnership. Unfortunately, these principles seem to come with little more than political rhetoric.

Section 35 of the Constitution Act of 1982 recognizes and affirms existing Aboriginal and Treaty rights of Aboriginal Peoples in Canada. Subsection (2) defining “aboriginal peoples of Canada” as including “Indian” (i.e., First Nations), Inuit and Métis peoples of Canada. Each Indigenous group has a distinct history and governance arrangement. In addition, the Supreme Court of Canada has recognized that the purpose of Section 35 is to reconcile "pre-existing aboriginal sovereignty with assumed Crown sovereignty."

Since the enactment of Section 35 of the Constitution Act of 1982, there has been significant development in Canadian jurisprudence regarding Indigenous rights. In 1997, in Delgamuukw v. British Columbia, the Supreme Court of Canada recognized that Aboriginal title constitutes a right to the land itself and is protected under Section 35. The 2004 Haida Nation decision affirmed that governments have a duty to consult with Indigenous Peoples before taking actions which could impact their constitutionally protected rights. In a watershed decision, the Supreme Court of Canada in 2014 granted a declaration of Aboriginal title recognizing the Tsilhqot’in Nation’s ownership of part of its traditional territory. Indigenous Peoples in Canada continue to rely heavily on legal action to protect and advance their rights.

Indigenous Peoples (First Nations, Inuit, and Métis)

According to the 2021 Canadian Census, there were approximately 1.8 million Indigenous individuals in Canada, comprising 5.0 % of the total population. 1,048,405 people identified as First Nations. First Nations (defined as “Indians” in the Indian Act (R.S.C., 1985., 1985, c. I-5) and the Constitution Act (1982)) are diverse Nations and peoples representing more than 600 distinct First Nations and encompassing more than 60 languages.

The Métis constitute a distinct Indigenous nation, numbering 624,220 in 2021, many of whom live in urban centres. The Inuit are an Indigenous People who have occupied Inuit Nunangat in Canada’s north, and numbered 70,545 in 2021.

Main challenges for Indigenous Peoples in Canada

Indigenous Peoples and their allies are challenged by the slowness of substantive action on the implementation of the UNDRIP. Even with a supportive government at the federal level including the adoption of the UN Declaration Act in 2023, implementation remains a challenge for the state. The causes of this include pressures from the corporate sector and disputes within the government about how implementation could move forward.

Another struggle is related to child welfare. The Canadian Court of Human Rights (CHRT) ruled that the First Nations Children and Families Services Program (FNCFS), provided by the Government of Canada through the Crown-Indigenous Relations and Northern Affairs, previously the Department of Indian and Northern Affairs (INAC), has denied services of child welfare to many First Nations Children and families living in the reserves. Despite welcoming the decision and swearing to act, the Canadian government has not complied.

Possible Progress for Indigenous Peoples in Canada

After many years of national and international calls, in 2016 Canada launched the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG). In 2019, the Inquiry released 231 Calls for Justice aimed at addressing systemic causes of violence against Indigenous women, girls, and 2SLGBTQI+ individuals. In 2024, the Assembly of First Nations released a report finding that only 2 of 231 Calls for Justice were fully implemented, with most showing minimal or no progress.

In late 2016, the Prime Minister announced new bilateral mechanisms between the federal government and the three national representative bodies for Indigenous Peoples: the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis nation. Such a formalized relationship between the federal government and Indigenous Peoples is certainly a step to improve relationships and work in a more collaborative manner.