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Recurring talking point

“UNDRIP overrides the Canadian Constitution.”

Fraser Institute, Fraser Institute
Policy Article · Jan 2026

Fact-checked - verified

DRIPA's Section 1(3) explicitly states: 'Nothing in this Act abrogates or derogates from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.' DRIPA does not create new constitutional rights. UNDRIP Article 46 states nothing in the Declaration may impair 'the territorial integrity or political unity' of sovereign states.

Sources

Gov|S.B.C. 2019, c. 44Gov|A/RES/61/295Legal

Full source details

Declaration on the Rights of Indigenous Peoples Act (Bill 41 - 2019)

Province of British Columbia · 2019-11-28[S.B.C. 2019, c. 44]

United Nations Declaration on the Rights of Indigenous Peoples

United Nations General Assembly · 2007-09-13[A/RES/61/295]

British Columbia's Declaration on the Rights of Indigenous Peoples Act: A First Look

Fasken Martineau DuMoulin LLP · 2019-12-02

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APA
DRIPA Facts. (2026, April 1). DRIPA's own text says it cannot override the Constitution. UNDRIP Article 46 preserves state sovereignty. DRIPA Facts. https://dripafacts.ca/en/myth/overrides-constitution/
Chicago
DRIPA Facts, "DRIPA's own text says it cannot override the Constitution. UNDRIP Article 46 preserves state sovereignty," DRIPA Facts, April 1, 2026, https://dripafacts.ca/en/myth/overrides-constitution/.
MLA
DRIPA Facts. "DRIPA's own text says it cannot override the Constitution. UNDRIP Article 46 preserves state sovereignty." DRIPA Facts, 1 Apr. 2026, dripafacts.ca/en/myth/overrides-constitution.

First published: April 1, 2026