First Nations policy analyst Russell Diabo and Grand Chief Linda Debassige weigh in
ONTARIO—On June 21, while communities across the country marked National Indigenous Peoples Day with cultural celebrations, some Indigenous leaders were once again drawing attention to concerns about the ongoing erosion of Indigenous rights through federal and provincial legislation.
In an interview, First Nations policy analyst Russell Diabo emphasized that the passage of Bill C-15 in 2021—Canada’s legislation to align federal law with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)—was fundamentally flawed.
“In 2021, the Liberal-NDP alliance refused to accept any amendments to Bill C-15 to fix the fatal flaws,” Mr. Diabo said. “That includes amendments proposed by Chief Ross Montour of Kahnawà:ke, representing the AFNQL (Assembly of First Nations Quebec-Labrador). Those were ignored.”
Mr. Diabo points to the Standing Committee on Indigenous and Northern Affairs, where amendments intended to strengthen the bill’s protection of Indigenous rights were voted down. The committee included NDP MP Leah Gazan and relied heavily on the testimony of Mary Ellen Turpel-Lafond, a former advisor to the Assembly of First Nations, who was later found to have falsely claimed Indigenous identity. Today, Ms. Gazan makes her platform on issues facing First Nations people, a near about face.
“They ignored real Indigenous leadership and instead prioritized someone who was later revealed to be a Pretendian,” Mr. Diabo said. “And they did it while rushing the bill through under so-called urgency.”
Proposed amendments
In March 2021, AFNQL submitted a formal brief to the Standing Committee outlining a series of amendments that they said were necessary for the bill to be supported: Amend Section 2(2) to explicitly affirm that nothing in the bill limits or erodes Aboriginal and treaty rights protected under Section 35 of the Constitution; Remove non-derogation clauses that could weaken those rights; Move key preambular language into the binding sections of the bill—specifically the repudiation of the Doctrine of Discovery; and include a provision requiring courts to apply UNDRIP in rulings related to Indigenous Peoples.
In their submission, AFNQL wrote:
“A bill of such great importance cannot be subject to instrumentalization with ‘urgency’ as its sole argument… We support the principles of UNDRIP. However, the AFNQL opposes Bill C-15 in its current form and has clearly indicated which amendments could make it more acceptable.”
The bill passed without any of the AFNQL’s proposed amendments. It received royal assent on June 21, 2021.
Grand Chief Debassige meets with Ford
More recently, concerns about the erosion of Indigenous rights have extended to the provincial level, specifically Ontario’s Bill 5—the Building Infrastructure Safely Act. This legislation, introduced by the Ford government, aims to accelerate infrastructure development in the province. However, many Indigenous leaders say the bill could sideline environmental review processes and undermine Indigenous consultation.
Grand Council Chief Linda Debassige of the Anishinabek Nation raised those concerns directly in a meeting with Premier Doug Ford in Toronto this spring.
“We told Premier Ford clearly that Indigenous consent is not a formality,” Grand Council Chief Debassige said in an interview. “Consent must include the ability to say no. Otherwise, it is not consent.”
She added: “Bills like Bill 5 are concerning because they reduce oversight and may allow development to move forward without adequate engagement with First Nations whose rights and lands are directly affected.”
Anishinabek Nation First Nations have consistently called for free, prior, and informed consent (FPIC) as defined under UNDRIP—not as an advisory role, but as a binding requirement.
Mr. Diabo clams it a repeated “pattern. He sees Bill 5 as a provincial continuation of the same legislative pattern set by Bill C-15 at the federal level.
“What we’re seeing is a pattern—fast-tracking legislation that impacts Indigenous lands and rights without adopting the protections Indigenous leaders are asking for,” he said. “It’s consultation without commitment.”
He added, “Whether it’s Trudeau or now Carney at the federal level, or Ford in Ontario, the government says it supports UNDRIP but refuses to legislate it as law with enforceable standards. That tells you where things really stand.”
Section 35 and the threat of erosion
Section 35 of the Constitution recognizes and affirms existing Aboriginal and treaty rights. Both Mr. Diabo and the AFNQL argue that legislation like Bill C-15 and Bill 5 risks eroding those rights by failing to provide clear protections or legal mechanisms to ensure Indigenous laws and jurisdiction are respected.
“Section 35 is being legislated around—a piece at a time,” Mr. Diabo said. “If governments continue to pass legislation that assumes final say over Indigenous territories, what is left of nation-to-nation?”
Looking ahead
Both Mr. Diabo and Grand Chief Debassige emphasized that the principles of UNDRIP remain important. But without implementation that includes veto power, court enforcement, and legal clarity, those principles risk becoming symbolic gestures with no practical effect.
“We’re not opposed to development,” said Grand Chief Debassige. “But it must be done in a way that respects our laws, our lands, and our leadership.”
As Canada continues to promote its commitment to reconciliation, these leaders are reminding the public that reconciliation without enforceable rights is reconciliation in name only.
“On Indigenous Peoples Day, we’re not asking for celebration,” said Mr. Diabo. “We’re asking for the truth—and the political will to act on it.”
