Skip to content

QUESTION PERIOD — Crown-Indigenous Relations

Indigenous Consultation

June 5, 2025


Senator Gold, as you are aware, section 35 of the Constitution Act, 1982 affirms the existing Aboriginal and treaty rights of Indigenous peoples in Canada, rights which include, among others, self-determination, land rights and the duty of governments to consult and accommodate.

Despite these legal obligations, we continue to witness provincial legislation that disregards these protections. One recent example of many found across the country, in Ontario, is Bill 5, which centralizes control over municipal boundaries and planning processes without proper consultation with affected First Nations. It is deeply troubling.

Could you please advise us what specific measures the federal government is taking to ensure that provincial legislation upholds constitutionally protected Indigenous rights and the duty to consult as meaningfully observed?

Hon. Marc Gold (Government Representative in the Senate) [ - ]

Thank you for your question.

The inherent rights of Aboriginal peoples, which are recognized and constitutionalized in our Charter, bind all levels of government in all of their actions. The federal government has a responsibility, which it is discharging and shall discharge in areas of its jurisdiction, and the same constitutionally entrenched obligations bind those provinces acting within the exclusive areas of their jurisdiction. It is the expectation of the federal government that all governments respect their obligations as constitutionally entrenched and recognized.

Thank you, Senator Gold. This incident is emblematic of a broader and persistent exclusion of Indigenous voices from critical decision-making forums. Just this week, at the first ministers’ meeting, an event that deliberates on matters of national importance, where critical decisions affecting all jurisdictions were discussed, First Nations leaders were not invited to participate. Such omissions not only are inconsistent with the spirit of reconciliation but also perpetuate colonial power structures that treat Indigenous governments as secondary rather than as equal partners within the Canadian federation.

Senator Gold [ - ]

This government is committed to the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP. It is committed to working with Indigenous communities to concretize those constitutionally entrenched rights to which you refer. This government and the Prime Minister have been and will continue to be in consultation with Indigenous leaders and rights holders going forward.

Back to top