Ottawa (Oct 16/06) - Voting against the United Nations' draft declaration on the rights of indigenous peoples was a step backwards for the Canadian government, says Mary Simon.

Now, the president of Inuit Tapiriit Kanatami wants the Conservative government to change course and get behind the declaration.

Mary Simon, head of the Inuit Tapiriit Kanatami, stands with Governor General Michaelle Jean earlier this month after receiving an upgrade in her Order of Canada medal. - photo courtesy of Issa Pare/Rideau Hall

"We need to discuss with the government of Canada why it believes the declaration is inconsistent with (the Charter of Rights and Freedoms, the Constitution and other federal laws)," Simon said.

But that argument doesn't wash, she said. "The UN declaration is an aspirational instrument that explicitly calls for the human rights of all to be respected," Simon told delegates. "These principles and values provide for more balancing of rights than is expressly included in Canada's Constitution."

The former diplomat was speaking to an international conference to follow up the 2004 visit to Canada by Rodolfo Stavenhagen, United Nations special rapporteur on indigenous rights.

The United Nations' Human Rights Council passed the declaration in June by a vote of 30-2, with Canada and Russia opposed.Simon, who was also in Ottawa to receive a promotion of her Order of Canada, accused the Conservative government of failing to consult with aboriginal people in advance of decision. She noted that the government hasn't responded to requests for an explanation from several aboriginal leaders.

Bill Rodgers, director of communications for Indian Affairs Minister Jim Prentice, said elements of the declaration simply aren't compatible with Canadian law.

Rodgers said a provision in the declaration would require the federal government to wait for a band council to vote to allow Canadian Forces onto aboriginal territory in an emergency.

"It's not a matter of Canada trying to scuttle something for reasons other than the fact that the department... has raised some concerns," he said.

The declaration goes to the United Nations general assembly this month. Rodgers says the federal government will again vote against it.