SoVote

Decentralized Democracy

House Hansard - 287

44th Parl. 1st Sess.
February 28, 2024 02:00PM
Context: House Hansard - 287 - Feb/28/24
Ms. Leah Gazan (Winnipeg Centre, NDP)
Madam Speaker, my thanks for your guidance today as I start my speech on Bill C-318. This is a very important bill. I want to congratulate the member of Parliament who put forward this bill, as well as all the family members and advocates who pushed to make this a reality today. This was a very good bill in its original form. However, I was deeply disappointed that the amendments to the bill, which I pushed forward at committee, to uphold Canadian law were thrown out. Those amendments would have ensured that this new piece of legislation, which hopefully will go forward, would be consistent with Bill C-15. That was adopted in the last Parliament, and it ensures that all legislation going forward is consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Rather than upholding that law and upholding our constitutional obligations to ensure they are reflected in this current legislation, the Liberals at committee, first of all, voted against it, and then the member for Winnipeg North brought forward a point of order to throw out my amendments. This is a pattern of behaviour I have witnessed from the government, a failure for this current government, to uphold the very law that it put forward in the last Parliament, a government bill. I want to point specifically to Bill C-15, section 5, which states, “The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.” By failing to uphold Bill C-15, the current government is wilfully not respecting Articles 19, 21 and 22 of the United Nations Declaration on the Rights of Indigenous Peoples. I want to read into the record Articles 19, 20 and 21 so that we can have a permanent record of the specific human rights that the government is flippantly violating in refusing to amend this bill, even though the sponsor of the bill supported the amendments I put forward at committee and indicated that they were in the scope of the bill. Article 19 of the United Nations Declaration on the Rights of Indigenous Peoples reads: States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. I would like to remind the government that when we are talking about adoption and when we are talking about child welfare systems, in Manitoba alone, 90% of kids currently in child welfare are indigenous. Many families choose customary and kinship care arrangements. We have so many grandmothers in our communities who look after their loved ones without financial assistance, without the option of leaving work, doing double duty with no financial resources. The Liberal government has been held in non-compliance over 14 times with the Canadian Human Rights Tribunal, and it was to immediately stop racism against first nations kids on reserves. Once again, the government is showing a commitment to having a two-tiered system in this country: one for indigenous children and one for everybody else. The current government is demonstrating, through throwing out these amendments, that the human rights of indigenous kids are still not being respected. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. Traditional means parenting. They need to be given the resources to be able to parent kids the way they choose. Let us not forget that there are more kids in care now than at the height of residential schools. It was well reported in the TRC report that we need systems reform in our child welfare system. The residential school system has left a legacy of intergenerational trauma and healing within our nation. Not only did they throw out my amendments, but they are also throwing out the calls to action of the Truth and Reconciliation Commission. If the government is not ready to respond to the calls to action from the Truth and Reconciliation Commission, which is mainly giving our kids back, the government is far from reconciling with indigenous peoples in this country. Article 20(2) states, “Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.” That includes financial resources so we are able to raise our kids in the way that we choose, not in poverty, so that we do not have to go to the Human Rights Tribunal and go after the government for years for it to finally settle $17 billion, more than what was asked. It is abhorrent what has happened in this House. Article 21(2) states: States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities. I would like to remind the government, which threw out amendments to ensure that human rights of indigenous peoples would be upheld, to ensure we would be upholding Canadian law and to ensure that it is consistent with section 5 of Bill C-15, that the child welfare system has been named the pipeline to murdered and missing indigenous women and girls in this country. We have a legacy of sixties scoop survivors who were separated from family and community, who have nowhere to return home to. However, on the very subject of our children, the government, once again, fails to take the opportunity to reconcile with indigenous peoples in Canada by giving us the resources we need to uphold our human rights to be able to raise our children in kinship and customary care arrangements. Although the Speaker ruled my amendments as being out of scope, I would like to remind the House that they, in fact, were in scope because the government has the legal obligation to make sure all legislation going forward is consistent with Bill C-15 . I am going to urge the government because it still has the power to make a royal recommendation, with the amendments I put forward, to make sure it is consistent with human rights law. If it is serious about reconciliation, it will give our kids back.
1096 words
  • Hear!
  • Rabble!
  • star_border