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Annotated Commentary by Paul Joffe, Member of Québec and Ontario Bars on “Implementing UNDRIP in Canada: Challenges with Bill C-262” by Thomas Isaac and Arend J.A. Hoekstra


Note: I begin this commentary with a General Comment. I then quote portions of the text from the Isaac & Hoekstra article. Each portion is followed by my commentary (indented paragraphs). All bold fonts in quoted texts are added by me, except for headings in Isaac & Hoekstra text quoted in this commentary. All references are included in endnotes – in a separate list for Isaac & Hoekstra and another list for me.

Paul Joffe General Comment:

In their article relating to Bill C-262 and the United Nations Declaration on the Rights of Indigenous Peoples2 (“UN Declaration” or “UNDRIP”), Isaac and Hoekstra commit a number of errors and omissions. Such shortcomings, considered together, result in an article that should not be relied upon.

There are many examples in their article that demonstrate the need for caution. It is important to carefully look for substance and substantiation for the two authors’ positions. Examples of erroneous and other substandard analysis include the following:

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