Federal Court Of Appeal Concludes UNDRIP Legislation Does Not “Immediately Implement” UNDRIP

Overview

The Federal Court of Appeal (FCA) recently released its decision in Canadian Nuclear Laboratories Ltd. v. Kebaowek First Nation et al., overturning the decision of the Federal Court from February 19, 2025.

The central issue on appeal considered whether the federal United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) “immediately implemented” the specific articles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into Canadian law and, in doing so, modified the existing legal framework governing the duty to consult and accommodate.

The FCA held that UNDA does not “immediately implement” UNDRIP. Instead, UNDA establishes a framework for the Government of Canada to incrementally implement UNDRIP into the laws of Canada over time. The FCA further held that administrative agencies, such as the Canadian Nuclear Safety Commission (Commission), are not tasked with implementing UNDRIP. Accordingly, UNDA does not impose additional