Bill S-13 - Gender-Based Analysis Plus (GBA+) Current Context Adding an NDC to the

Interpretation Act, repealing NDCs found in most other federal legislation and harmonizing any remaining NDCs would highlight the importance of protecting and upholding Aboriginal and treaty rights recognized and affirmed under

section of the Constitution Act, 1982. Bill S-13 applies to the rights of all

section rights-holding Indigenous peoples regardless of gender identity, gender expression, sex, or sexual orientation. Consultation, Cooperation and Engagement – Distinctions Based Approach The issue of NDCs is important for all Indigenous peoples as it applies to all

section rights. In keeping with a distinctions-based approach, Justice officials, undertook consultation from December to Spring to seek views from Indigenous peoples to inform policy-making and to foster good relationships with Indigenous peoples. Outreach included First Nations, Inuit and Métis representatives to ensure a broad diversity of Indigenous voices.

In addition, the NDC initiative leveraged meetings held during the UN Declaration Act consultation and cooperation process, in order to further canvass the views from a broader range of Indigenous partners with respect to the NDC initiative, including Indigenous women’s organizations as well as organizations representing off-reserve and urban First Nations, Inuit and Métis. Representatives from the Native Women’s Association of Canada (NWAC) and the Ontario Native Women’s Association participated in the consultation and cooperation process.

The Congress of Aboriginal Peoples (CAP) was also consulted because of their key representation of urban and off-reserve Indigenous peoples. Expected Outcome The legislative initiative reinforces current constitutional protections, confirms the importance of considering the potential impact of all federal legislation on s. 35 rights, is an early measure to ensure the laws of Canada are consistent with the UN Declaration, completes one of the UN Declaration Act Action Plan’s Measures identified by Indigenous partners, and promotes consistency across all federal statutes. Bill S-13 applies to the rights of all

section rights- holding Indigenous peoples regardless of gender identity or sexual orientation and other identity factors. Possible Unintended Negative Impacts Consultations conducted between December and fall of had their limitations because they were completed during a pandemic. Therefore, the views canvassed may not reflect the full scope of opinions among Indigenous peoples on this important issue.

However, in order to maximize outreach and transparency with Indigenous partners, Justice Canada extended the consultation and cooperation process and sought further input by posting a draft legislative proposal publicly on the Department of Justice website from March 1, 2023 to April 14, 2023. The draft was accompanied by an explanatory note and an online questionnaire soliciting views from Indigenous peoples on the proposal.

Conclusion This legislative initiative would assist in upholding Aboriginal and treaty rights recognized and affirmed under s. 35 and be an early measure to ensure the laws of Canada are consistent with the UN Declaration, pursuant to

section of the UNDA. It would also be a successful completion of one of the UN Declaration Act Action Plan’s Measures. A NDC in the

Interpretation Act applicable to all federal statutes would be responsive to Indigenous partners’ ongoing request for a standardized NDC, reducing the perceived need to include such clauses in individual legislative proposals and would address concerns arising from the variation in wording between existing NDCs.

Section rights are specific to Indigenous peoples of Canada and there would be no differential impacts. The proposed amendment applies to all

section rights-holding Indigenous peoples regardless of gender identity, gender expression, sex, sexual orientation or other identity factors. The NDC legislative initiative would bring greater consistency across laws, including by removing the need for Indigenous peoples to press for NDCs whenever the government introduces legislation potentially affecting s. 35 rights.