This Shadow Report to the United Nations Human Rights Committee with Respect to the Seventh Periodic Report of Canada was developed by the Environmental Justice and Sustainability Clinic, a public interest legal clinic and experiential education initiative housed at Osgoode Hall Law School in Toronto, and co-submitted with MiningWatch Canada and Legal Advocates for Nature's Defence (LAND).
Executive Summary
This submission to the Human Rights Committee focuses on breaches of Article 1, the right to self-determination, and Article 25(a), the right to democratic participation, of the International Covenant on Civil and Political Rights (ICCPR). By implementing the Protect Ontario by Unleashing our Economy Act 2025 (POUEA), the Special Economic Zones Act, 2025 (SEZA) (Schedule 9 of the POUEA), and the federal Building Canada Act 2025 (BCA), Canada has failed to meet its obligations under the ICCPR in regard to its commitment to support self-determination, specifically Indigenous self-determination, and failed to comply with its obligation to provide access to the participatory democratic process.
Accordingly, the Environmental Justice and Sustainability Clinic (EJSC), supported by Legal Advocates for Nature’s Defence (LAND) and MiningWatch Canada, submits this statement to highlight a shared concern regarding the erosion of Indigenous self-determination and democratic participation specifically through the expedited legislative frameworks (the POUEA, the BCA and the Special Economic Zones Act) that bypass consultation, consent, and accountability. These new pieces of legislation undermine Canada’s obligations under the ICCPR and disproportionately impact Indigenous peoples and their rights.
With specific regard for Article 1, the Committee has made it clear that state parties should consult Indigenous Peoples to seek their free, prior and informed consent whenever legislation and actions impact their lands and rights; and resolve land and resources disputes with Indigenous Peoples in a manner that respects treaty rights. The newly introduced legislative regimes examined in this submission fall short of these requirements, as outlined by the list of issues prior to submission of Canada’s seventh periodic report, as well as further restrict the right to democratic participation as outlined in Article 25(a).
The Environmental Justice and Sustainability Clinic, therefore, respectfully requests that these failures be raised by the Human Rights Committee during its examination of Canada in its 145th Session during the 2-19 of March 2026.