Establishing an Indigenous Human Rights Commission and Tribunal - Inuit Tapiriit Kanatami and Métis National Council

The product of their work is provided to the government, whether to the executive or the legislative branch, and the decision to act ultimately lies within the discretion of the government. [...] It is clear then that to provide recourse and remedy for the actions of the Government of Canada in a way that reaches past the discretion of the Minister, and with the ability to mandate that Canada take corrective action and/or provide a specific remedy for the infringement of Indigenous rights, the mechanism must include a tribunal component. [...] To do so, the tribunal would need to interpret the statutory provisions and the corresponding relevant article(s) of the UN Declaration in order to assess the compliance of the actions taken Inuit Tapiriit Kanatami and Métis National Council 7 pursuant to that statutory process, thereby bringing elements of the UN Declaration directly within the domestic legal process as a substantive legal standa. [...] • Bylaws: Section 20 empowers the commission to make bylaws consistent with the statute respecting the carrying out of the work of the commission, the management of its internal affairs and the duties of its officers and employees. [...] The Tribunal will hear appeals to the decisions of administrative decision-makers and complaints relating to government actions taken pursuant to provisions of legislation that have been aligned with the UN Declaration on the grounds that the decision or action cannot be sustained by the provisions due to inconsistency with the UN Declaration as considered or incorporated into the statute.