Mobilizing for Indigenous Rights: Revisiting the Debate on Canada’s Participation in the Inter-American Human Rights System

Abstract

Canada’s reticence to ratify the American Convention on Human Rights and its decision not to recognize the jurisdiction of the Inter-American Human Rights System – a regional human rights regime – is at odds with its image as a global leader in the protection and promotion of human rights. The debate on ratification and participation has been largely dormant since 2003, when the Standing Senate Committee on Human Rights conducted an inquiry and released a report arguing in favour of Canada’s full participation in the Inter-American system. This paper revisits this policy debate, arguing that bringing Canada under the jurisdiction of the Inter-American Court and Commission – the Inter-American system’s adjudicative organs – would advance the protection and promotion of indigenous rights in Canada by supporting state behaviour that is compliant with its international human rights obligations. Exploring the nexus between international law, human rights and public policy, this paper works within an international law framework, drawing on both international relations theory and case law from the Inter-American and European Courts, to advance the argument that (1) Canadian policies and practices are failing to meet their indigenous rights obligations, meaning that violations continue; and (2) a commitment to participate in the Inter-American system would drive pro-rights mobilization in Canada, increasing the cost of violating indigenous rights and promoting compliance. Serious and systemic wellbeing gaps exist between indigenous and non-indigenous communities in Canada – socio-economic disparities that some experts argue have reached a crisis level. This situation, the outcome of Canada’s persistent failure to meet its indigenous rights obligations, demands a comprehensive set of policy responses to end violations and address their harmful implications. I argue that Canada’s participation in the Inter-American Human Rights System would both catalyze and reinforce domestic pro-rights mobilization in support of such an effective, rights-based policy response.