The United Nations Declaration on the Rights of Indigenous Peoples Implementation Act (UN Declaration Act) was passed by the 19th Legislative Assembly on October 6, 2023. The Northwest Territories (NWT) is the third legislative jurisdiction in Canada to adopt the UN Declaration after British Columbia and the federal government. The UN Declaration Act is the result of several years of work between the Government of the Northwest Territories (GNWT), Indigenous Governments and Organizations of the NWT. The legislation is based on the innovations found in other legislation in Canada, however, the NWT legislation is unique as it was drafted cooperatively, with Indigenous Governments and Organizations, members of the Legislative Assembly and the GNWT. 

The UN Declaration Act moves the GNWT forward along the path of reconciliation by recognizing the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) as the minimum standards required to protect the rights of Indigenous peoples of the NWT. The UN Declaration also provides recognition that Indigenous peoples of the NWT have the right to self-determination, culture, language and traditional lands.

The action plan required by the legislation sets the direction for ongoing collaboration between the GNWT and the Indigenous Governments and Organizations of the NWT to advance shared key actions towards the implementation of the UN Declaration.

Memorandum of Understanding with the Northwest Territories Council of Leaders

The process used to develop the UN Declaration Act was guided by a consensus process supported by the NWT Council of Leaders (NWTCOL). This forum is open to all Indigenous Governments and Organizations of the NWT and was created in 2021 to discuss territory-wide social, environmental, and economic issues and to collaborate on solutions. 

Soon after it was created, the NWTCOL tasked a working group comprised of officials from Indigenous Governments and Organizations and the GNWT with making recommendations to advance the implementation of the UN Declaration in the NWT. One of the key recommendations made by this working group was to develop a law unique to the NWT. On the recommendation of the GNWT and Indigenous Governments and Organizations, the working group formalized their relationship with a Memorandum of Understanding (MOU) to support the work. 

The MOU was developed through consensus. Intended to support the continued collaborative approach to advance the implementation of the UN Declaration in the NWT, the MOU reinforces the commitment of the GNWT to work in collaboration and cooperation with Indigenous Governments and Organizations. 

Implementation Legislation

On March 29, 2023, the GNWT introduced the proposed UN Declaration Act in the Legislative Assembly. This legislation was developed by consensus in partnership with Indigenous Governments and Organizations of the NWT through the NWTCOL working group of officials. The UN Declaration Act formalizes the mechanisms that the GNWT uses to implement the UN Declaration and ensures that future laws, regulations, and policies are consistent with the rights outlined in the UN Declaration.

One of the purposes of the UN Declaration Act is to provide a framework for the implementation of the UN Declaration by the GNWT in collaboration and cooperation with Indigenous Governments or Organizations. This action plan is a key mechanism within that framework, setting out some immediate steps for implementation. 

The framework for implementing the UN Declaration created by the UN Declaration Act and this action plan is robust and collaborative but may not represent everything the GNWT will need to do to fully implement the UN Declaration. Full implementation will require ongoing work through a whole-of-government approach and will require GNWT to address issues not identified in this action plan, including issues related to future court decisions and bilateral relationships with specific Indigenous Governments and Organizations.