Key Takeaways
- Amnesty International Canada’s 2025/26 Human Rights Agenda (HRA) argues that building a stronger Canada must be rooted in justice, not shortcuts on human rights.
- Recent legislation in British Columbia, Ontario, and federally fast‑tracks mining and infrastructure projects, undermining Indigenous Peoples’ right to free, prior and informed consent (FPIC) and jeopardizing Canada’s obligations under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
- Refugee protection, climate‑change mitigation, and the rights of transgender and 2SLGBTQIA+ Canadians have all suffered setbacks in 2025.
- The “dangerous normalization” of the notwithstanding clause—used by Alberta, Ontario, Saskatchewan, and Quebec to shield rights‑limiting laws from judicial review—threatens the Charter and international human‑rights commitments.
- Despite these declines, Amnesty sees an opportunity for Canada to lead a rules‑based international order by championing universal human rights at home and abroad, as urged by Prime Minister Mark Carney.
Introduction to the Human Rights Agenda and the Call for Justice
Amnesty International Canada released its 2025/26 Human Rights Agenda (HRA) on Tuesday, framing the document as both an assessment of Canada’s performance in 2025 and a roadmap for government action. The HRA evaluates the country’s progress on Amnesty’s priority areas—Indigenous rights, refugee protection, climate justice, LGBTQ+ equality, and the safeguarding of Charter freedoms—and proposes concrete recommendations for federal, provincial, and territorial leaders. Ketty Nivyabandi, Secretary General of Amnesty’s English‑speaking section, stressed that the slogan “Build Canada Strong” cannot be achieved by sacrificing human rights; instead, Canada must “Build Canada Just.” The HRA thus positions justice as the foundation for any lasting national strength, urging policymakers to align economic and security strategies with Canada’s constitutional and international human‑rights obligations.
Indigenous Rights Under Attack
A central alarm in the HRA concerns the rapid erosion of Indigenous rights driven by recent major‑project legislation. In 2025, British Columbia, Ontario, and the federal Parliament passed bills designed to fast‑track approvals for mining and infrastructure mega‑projects by slashing environmental assessments and limiting community consultation. These measures directly undermine the principle of free, prior and informed consent (FPIC), a cornerstone of UNDRIP and a recognized customary international law. By accelerating development without meaningful Indigenous participation, governments risk violating Canada’s duty to consult and accommodate Indigenous Nations, perpetuating patterns of colonial dispossession under the guise of economic nationalism.
UNDRIP, FPIC, and International Obligations
Amnesty warns that the fast‑track approach not only breaches domestic legal standards but also contravenes Canada’s international commitments. The UN Declaration on the Rights of Indigenous Peoples obliges states to obtain FPIC before adopting legislative or administrative measures that may affect Indigenous peoples’ lands, territories, or resources. Canada’s endorsement of UNDRIP in 2016 created a expectation that domestic law would evolve to reflect these standards. The HRA argues that the 2025 legislation represents a clear retreat from that commitment, exposing Canada to potential criticism from UN treaty bodies and jeopardizing its credibility as a global human‑rights advocate. Re‑establishing trust with Indigenous Peoples, the HRA contends, requires genuine partnership, co‑design of development processes, and respect for self‑determination.
Refugee Rights Erosion
Beyond Indigenous concerns, the HRA highlights a troubling decline in refugee protection. Federal and provincial policies introduced in 2025 tightened asylum procedures, expanded detention capacities, and limited access to legal aid for claimants. These changes run counter to Canada’s longstanding reputation as a welcoming refuge and violate the principle of non‑refoulement enshrined in the 1951 Refugee Convention and its 1967 Protocol, to which Canada is a party. Amnesty notes that the erosion of refugee rights coincides with a rise in xenophobic rhetoric and restrictive immigration measures, threatening both the lives of vulnerable migrants and Canada’s international legal standing.
Climate Action Setbacks
The agenda also points to setbacks in Canada’s climate‑change response. While the federal government renewed its pledge to achieve net‑zero emissions by 2050, several provinces introduced or expanded subsidies for fossil‑fuel projects and rolled back carbon‑pricing mechanisms. These moves contradict Canada’s commitments under the Paris Agreement and undermine domestic efforts to meet interim emissions targets. Amnesty argues that weakening climate policy not only endangers ecosystems but also disproportionately impacts Indigenous and marginalized communities that rely on stable environments for their livelihoods and cultural practices, thereby intersecting with broader human‑rights concerns.
LGBTQ+ Rights Under Threat
Transgender and 2SLGBTQIA+ Canadians faced additional challenges in 2025. Provincial governments in Alberta, Saskatchewan, and Ontario introduced or enforced legislation restricting access to gender‑affirming care, limiting the inclusion of gender‑diverse identities in school curricula, and requiring parental consent for students to use their chosen names and pronouns. Such measures contravene the Canadian Charter’s guarantee of equality and freedom of expression, as well as international human‑rights standards protecting gender identity and sexual orientation. Amnesty warns that these policies foster discrimination, exacerbate mental‑health disparities, and signal a broader rollback of hard‑won gains for LGBTQ+ communities.
The Dangerous Normalization of the Notwithstanding Clause
A particularly salient trend identified in the HRA is the “dangerous normalization” of the notwithstanding clause (Section 33 of the Charter). In October 2025, Alberta invoked the clause to uphold a bill compelling 51,000 striking teachers to return to work, and later used it again to shield three bills limiting 2SLGBTQIA+ rights, including an education bill mandating parental consent for gender‑affirming name and pronoun use. Similar invocations or threats have occurred in Ontario, Saskatchewan, and Quebec. By routinely resorting to the notwithstanding clause, governments signal that they can override judicial protections for rights they find politically inconvenient, undermining the rule of law and the Charter’s role as a safeguard against majoritarian excess. Amnesty stresses that this practice erodes public trust in democratic institutions and risks entrenching injustice.
Global Context and Canada’s Opportunity for Leadership
Although the domestic picture is troubling, Amnesty’s global annual report, The State of the World’s Human Rights 2025/26, notes a silver lining: Prime Minister Mark Carney’s call for like‑minded states to forge alliances in defence of shared interests and values. In a period when the rules‑based international order faces deep crisis, Canada possesses the diplomatic credibility, multicultural fabric, and tradition of multilateral cooperation to become a champion of universal human rights. The HRA urges Canada to translate its foreign‑policy aspirations into concrete domestic reforms—reinforcing Indigenous partnership, protecting refugees, strengthening climate action, safeguarding LGBTQ+ equality, and refraining from abusive use of the notwithstanding clause. By aligning internal conduct with external advocacy, Canada can help steer the international community toward a more just and resilient future.
Conclusion and Recommendations
Amnesty International Canada’s 2025/26 Human Rights Agenda makes clear that building a stronger Canada cannot be achieved through shortcuts on Indigenous rights, refugee protection, climate justice, LGBTQ+ equality, or Charter freedoms. The document calls on federal, provincial, and territorial governments to: (1) repeal or amend fast‑track project legislation that violates FPIC and UNDRIP; (2) restore robust asylum protections and end discriminatory detention practices; (3) reinstate effective carbon‑pricing and phase out fossil‑fuel subsidies; (4) repeal laws that restrict transgender and 2SLGBTQIA+ rights and ensure inclusive education and health‑care access; (5) refrain from using the notwithstanding clause except in truly exceptional, narrowly defined circumstances, and subject any such use to rigorous parliamentary and judicial scrutiny; and (6) leverage Canada’s diplomatic influence to promote a rights‑based international order. By heeding these recommendations, Canada can transform the aspiration to “Build Canada Strong” into a realized commitment to “Build Canada Just,” honoring both its constitutional promises and its global human‑rights responsibilities.