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House Hansard - 275

44th Parl. 1st Sess.
February 5, 2024 11:00AM
  • Feb/5/24 12:53:40 p.m.
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Uqaqtittiji, I always appreciate what the member has to share. I also appreciate that he did list some of the court case settlements. However, I want to ask about source water protection and who has the authority. I know that there have been discussions about whether first nations should have the authority to discuss source water, be it municipal, provincial or federal. I wonder if he could share his thoughts on what this would mean and why it should be discussed in committee.
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  • Feb/5/24 1:21:25 p.m.
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Uqaqtittiji, a lot of the thoughts the member shared are quite similar to what I have analyzed as well. I would like to hear from the member what his thoughts are on the current Liberal government's attitude toward indigenous peoples, and what it means that it introduced this bill that would not meet international human rights laws.
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Uqaqtittiji, I am privileged to represent Nunavut in the House. I am sorry I missed the Minister of Indigenous Services's speech as I was in committee. Our committee was concluding the study of the Métis self-government bill. I am glad I am able to at least find out what her statements were and to respond to them later. I appreciate that before July 1, 1867, Inuit, first nations and, later, the Métis, governed these lands. Before Canada, they had laws regarding wildlife, marine and terrestrial environments, ecosystems and relationships with each other. Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands is a particularly important one to remind us of the existence of indigenous peoples before colonialism. Before colonialism, indigenous peoples protected water and the land, and they used the environment for sustenance, acknowledging the limits. Therefore, protecting and preventing future damage was at the core of being sustained by the environment, especially water. I take this opportunity to remind Canadians that Canada’s colonial efforts to “remove the Indian from the child” remain active. There are more indigenous children in foster care than there were in residential schools. There are more indigenous people who are homeless, in overcrowded housing situations or living in substandard housing. First nations, Métis and Inuit have the largest infrastructure gap. Indeed, the NDP found that the first nations infrastructure gap is at $350 billion. The Liberal government made cuts to MMIWG funding. Therefore, when this bill was introduced, I put on my oppressed lens and sought where it could be familiar to me. I found familiarity in asking these questions: Why, in this legislation, are human rights and treaty rights not on par with what other Canadians have as rights? Why does the bill not align with international human rights laws regarding water? Why does the bill provide only a guide regarding the United Nations Declaration on the Rights of Indigenous Peoples? Before I go deeper into this analysis, I want to share what is included in Bill C-61 according to the Government of Canada website. The key elements of the bill include the recognition and affirmation of the inherent right of first nations to self-government, including jurisdiction over water, source water, drinking water, waste water and related infrastructure on, in and under first nation lands; rights-based regulatory pathways to protect water and source water adjacent to first nation lands, in consultation and co-operation with first nations, other federal ministers, and provinces and territories, to help protect drinking water sources flowing onto first nation lands; and minimum national standards for the delivery of drinking water and waste water services on first nation lands, based on first nations choice. Other key elements include a federal commitment to make best efforts to provide adequate and sustainable funding for water services on first nation lands comparable to services received in non-first nations communities; a requirement to provide funding that, as a minimum, meets the commitment expenditures set out in section 9.02(2) of the settlement agreement; a requirement for all decisions made under the proposed act to be guided by the principle of free, prior and informed consent; and a commitment for Canada to support the creation of a first nations water commission that would support first nations in exercising greater control over drinking water and waste water services on first nation lands. To go back to my analysis of the continued lack of commitments toward first nations, as well as the impacts this continues to have on indigenous peoples, unfortunately, Bill C-61 falls short on respecting human and indigenous rights. According to an analysis by JFK Law: Overall, Bill C-61 provides First Nations with a strong foundation to assert control over their water resources and jurisdiction over water occurring on First Nations land. However, the legislation fails to expressly recognize a human right to drinking water or a guarantee for substantive equality for access to water services on and off First Nations lands. Critically, the legislation fails to include provisions for effective source water protection, which is necessary to ensure First Nations have enough clean water flowing onto their lands and territories to meet their needs. The Federation of Sovereign Indigenous Nations stated, “the first public draft released by Canada in February was developed in secret by Indigenous Services Canada without any direct input from First Nations, a fact that has been raised by the Assembly of First Nations and several regional First Nations organizations over the course of 2023”. Other first nations, such as those represented by treaties 6, 7 and 8 and Neskantaga said early on that they had been kept in the dark about the legislation and did not see it before it was tabled. I note that, in addition to another bill tabled by the Liberal government, Bill C-38, an act to amend the Indian Act on new registration requirements, Bill C-61 has been introduced on the basis of a court case. In November 2019, legal action was initiated against Canada on behalf of all members of first nations and members resident on reserves that had a drinking water advisory for at least one year since 1995. Terms of the settlement agreement were previously announced on July 30, 2021. While they have been mentioned by others in this House, I repeat that they include the following: $1.5 billion in compensation for individuals deprived of clean drinking water; the creation of a $400 million first nations economic and cultural restoration fund; a renewed commitment to Canada's action plan for the lifting of all long-term drinking water advisories; the creation of a first nations advisory committee on safe drinking water; support for first nations to develop their own safe drinking water bylaws and initiatives; a commitment of at least $6 billion to support reliable access to safe drinking water on reserves; and the planned modernization of Canada's first nations drinking water legislation. We have heard that Bill C-61 was co-developed with first nations. While I appreciate the effort by the Minister of Indigenous Services, I know that more could have been done. The Assembly of First Nations is an important national first nations organization. However, it does not represent all first nations. There are indigenous nations in Canada that are not represented by AFN. During committee, we will need to ensure that as many first nations as wish to be heard, are heard. As parliamentarians, we must incorporate indigenous ways of working together. We must ensure that first nations people who feel ignored are afforded the opportunity to speak to this bill. In this way, we can make sure that Bill C-61 is improved and truly co-developed. In 2018, the Assembly of First Nations held an engagement regarding safe drinking water. The concerns shared at the time included a lack of adequate, predictable and sustainable funding; a lack of recognition of indigenous rights; potential infringement of indigenous and treaty rights; a lack of protection of source water; and insufficient engagement on water issues that directly affect first nations. When Bill C-61 goes to committee, it must seek to answer all these concerns. Bill C-61 requires scrutiny to make sure that inherent treaty rights and human rights obligations are met. As a G7 country, Canada must show that it treats the original inhabitants with the utmost respect. We have generations of first nations that have grown up without access to tap water. They probably think it is normal to drink bottled water. We have first nations who probably think that it is normal to boil water before it is safe to drink. It is 2024, and we must ensure that first nations do not continue to think it is okay to have to do this in order to drink water. Bill C-61 requires a lot of work. I hope that we, as parliamentarians, do this work with the lens that first nations have inherent treaty rights and human rights and that we must all do what we can to ensure that their rights are respected.
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  • Feb/5/24 1:41:33 p.m.
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Uqaqtittiji, as I shared earlier, I know that the Minister of Indigenous Services has worked really hard with organizations such as the Assembly of First Nations. However, they do not represent all first nations. There are way too many first nations that were not included during this consultation process. In terms of those who were consulted, I appreciate the sentiment, but that does not extend to all first nations.
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  • Feb/5/24 1:42:56 p.m.
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Uqaqtittiji, the member's question is an important one. As an Inuk, as I said earlier, I had to really scrutinize the bill based on my experience as an indigenous person who has experienced oppressive and genocidal policies most of my life. This is why so much in the bill is familiar in terms of those kinds of oppressive policies. The reason I felt compelled to run to sit in Parliament is that this is the place where we can help make those changes. As parliamentarians, we can make sure that we are always fighting to uphold indigenous people's inherent rights. We are fighting to uphold human rights for all Canadians, including first nations, Métis and Inuit.
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  • Feb/5/24 1:45:19 p.m.
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Uqaqtittiji, I very much enjoy working with my colleague. The reality for first nations, Métis and Inuit, as I was asked about earlier as well, has been unfair. There have been inequities, such as a lack of investments, resulting in many social issues that are beyond what we see for Canadian standards. The indication that the Liberal government is not showing a true commitment to reconciliation can be seen in this bill. If this bill sought to have true reconciliation with indigenous peoples, it would have shown a willingness to uphold indigenous human rights, international human rights and access to water. It would have included provisions to uphold first nations treaty rights, for example, by making sure that first nations have authority for source water protection and providing an absolute guarantee that funding is sustainable and consistent, so first nations have ongoing access to safe drinking water.
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  • Feb/5/24 1:47:24 p.m.
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Uqaqtittiji, as I said during my speech, it is very important to get the bill to committee. The Standing Committee on Indigenous and Northern Affairs consists of very committed MPs, who are trying to make sure that we do better for all indigenous peoples. The committee just completed a study on another bill that required members to think about how we can be united in ensuring that we respect all indigenous peoples, whether first nations, Métis or Inuit. Getting the bill to committee will be important, as the committee can hear from all first nations and others to make sure we do better for first nations, especially in the area of safe drinking water.
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  • Feb/5/24 1:48:58 p.m.
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Uqaqtittiji, I thank the member for his very important question on what the costs of not getting this done will be. I think some of the bigger costs could include Canada's being seen as not upholding international human rights laws regarding water and as not upholding the United Nations Declaration on the Rights of Indigenous Peoples. At the community and ground level, first nations will continue to have to boil their water before they brush their teeth. They will have to continue to make sure they are given funds to buy bottled water. We will continue to see first nations struggling to provide source water, as we have seen in Neskantaga, which is experiencing a 30-year boil advisory and may not get the resources it needs to no longer receive boil water advisories. The Liberal government promised to make sure that boil water advisories would be eliminated, but we still have far too many, and they are causing everyday consequences for indigenous people. We suffer with the highest suicide rates. We suffer the highest rate of mental health issues. There are too many who are addicted and engaging in substance abuse. We need to do better at ensuring that first nations, Métis and Inuit can have access to water. It is at the core of doing better for first nations.
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Uqaqtittiji, I am pleased to rise on behalf of Nunavut with respect to petition no. 12799012. This is similar to petitions already tabled by other MPs, but I wanted to table it because 51 Nunavut residents signed the petition, specifically people from Iqaluit and Rankin Inlet, who deserve the same answer as others who might be seeking the same thing. The petitioners call upon the Government of Canada to support Bill C-310 and to enact amendments to subsections 118.06(2) and 118.07(2) of the Income Tax Act in order to increase the amount of the tax credit for volunteer firefighting and search and rescue volunteer services from $3,000 to $10,000.
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  • Feb/5/24 5:03:15 p.m.
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Uqaqtittiji, if Parliament were to swallow the amendment like a pill, what would the member say the side effects would be?
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  • Feb/5/24 5:44:55 p.m.
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Uqaqtittiji, I wonder if the member can share with us what the international fallout might be if we were not to vote unanimously in favour of this agreement.
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