44th Parl. 1st Sess.
March 22, 2024 10:00AM
Madam Speaker, good morning to you and to everyone. I wish all hon. colleagues who are gathered here this morning a happy Friday. Welcome to the folks in the gallery as well.
First, I will be splitting my time with my friend, the hon. member for Sudbury, who I get to sit and work with on two committees in this wonderful House.
With that, I would like to begin speaking to Bill C-38, an act to amend the Indian Act—
Mr. Michael Cooper: Oh, oh!
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- Mar/22/24 10:32:42 a.m.
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Madam Speaker, before I begin, it is important to acknowledge that Canada's Parliament is located on the unceded traditional lands of the Algonquin Anishinabe people.
It is a pleasure to speak today on this topic, and to join my hon. colleagues in providing important information—
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Madam Speaker, it is a pleasure to speak today on this topic and to join my colleagues, the topic being Bill C-38. Again, I will be sharing my time with the hon. member for Sudbury, as I indicated earlier, and I will be providing important information about the Indian Act and about the amendments being proposed in Bill C-38.
My colleagues have described how these amendments were developed through engagement with first nations and indigenous partners who represent non-status first nations, which was central to the process. We could not do this without their collaboration and guidance. Now, I would like to share the potential impact of the amendments and some next steps in addressing the historical inequities of the registration and membership provisions of the Indian Act, and ultimately, a full transition away from the act to true self-determination and governance by first nations.
The amendments being proposed today are situated within a broader whole-of-government effort to advance indigenous rights to self-determination and to self-government.
Our government acknowledges that the Indian Act is an extension of our colonial history. These amendments would be an incremental step toward the development of an approach to first nations' citizenship that would be an alternative to the Indian Act. We have heard from many first nations individuals and indigenous partners who represent non-status first nations that we need to address a range of issues before a full transition of jurisdiction over citizenship to first nations can occur.
That is what we are working toward today by introducing amendments to address inequities in registration and membership under the Indian Act. What would the impact of these amendments be? Let me begin with the proposal to address the discrimination caused by a family history of enfranchisement. This bill would eliminate the differential treatment of those whose family histories include involuntary or voluntary enfranchisement, resulting in approximately 2,400 newly entitled individuals.
It would also reinstate individuals who collectively were enfranchised as a band prior to 1985, resulting in approximately an additional 1,100 newly entitled individuals. Descendants of enfranchised individuals would be entitled to registration and would be able to exercise their rights and access the associated benefits and services, which include education and non-insured health benefits.
These amendments would also recognize the acquired rights of all individuals to membership in their natal communities. The amendments would provide a legal mechanism enabling women to re-affiliate with their natal bands, if they wish. This would directly benefit those first nations women and their descendants whose membership in their natal bands was changed without their consent or their say. The result would be that first nations women who married first nations men from a different community, between 1876 and 1985, would have the choice to reconnect to their natal community.
The bill would also return autonomy to first nations by allowing them to deregister or to remove their name from the Indian register if they wish. Individuals would have the legal capacity to exercise agency over their status.
Finally, by eliminating outdated and offensive language about first nations persons with a disability, the amendments strive to align the language of the Indian Act with the last 50 years of development in capacity and guardianship law. The outdated and offensive language in the Indian Act is a lingering affront. Addressing culturally insensitive and offensive language would positively benefit first nations persons with disabilities, and their caregivers, by acknowledging their fundamental humanity and personhood, instead of relegating them as defective in some manner.
These amendments in Bill C-38 are considered necessary incremental changes with an aim to align the Indian Act with the United Nations Declaration on the Rights of Indigenous Peoples; although, clearly, much work remains. By amending the Indian Act to support the United Nations Declaration on the Rights of Indigenous Peoples, the amendments support the Truth and Reconciliation Commission's call to action 43, which calls upon federal, provincial, territorial and municipal governments to fully adopt and to implement the UN declaration as their framework for reconciliation.
The amendments also support the national action plan to address missing and murdered women, girls and 2SLGBTQQIA+ people by acknowledging and recognizing the rights of indigenous peoples. Of course, we know that the work is not complete. Reconciling the colonial legacy of Canada's relationship with first nations while constrained to the framework of the Indian Act is fundamentally challenging.
During this round of engagement, we have heard loud and clear that the second-generation cut-off issue continues to impact many individuals, and our next focus must be on this issue. An equal application of the second-generation cut-off has resulted in many grandchildren and great-grandchildren being denied status and membership to a first nations community. There are also remaining issues, such as the scrip taking and cross-border concerns.
Further conversations are needed with first nations partners to listen and learn about what future changes may encompass. To this end, starting in early 2024, we will begin engagement on these initial inequities, with a plan to introduce additional amendments once we have engaged broadly. Changing the Indian Act is a continuous iterative process. We unequivocally respect the need for engagement and input from first nations voices. Any future legislative changes will be the result of ongoing engagement and the codevelopment of solutions with first nations partners and other rights holders.
Under section 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act, the Government of Canada must, in consultation and co-operation with indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the declaration. The amendments being introduced today are considered requisite incremental changes that both increase the Indian Act's alignment with the declaration while also laying the groundwork for the Indian Act to be repealed in due course. The changes under discussion today are a necessary step to transition Canada out of the business of Indian registration and toward a future beyond the Indian Act.
By addressing historic wrongs in co-operation with first nations, we will continue to advance reconciliation and support a renewed relationship between Canada and indigenous peoples. We strive toward a relationship based on rights, respect, co-operation and partnership.
I encourage members in this most honourable House to join me in supporting Bill C-38 and the steps it proposes to begin to move away from the Indian Act.
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Madam Speaker, Bill C-38, from my understanding, is going to receive support from all sides of the House. If I am incorrect, then I am sure it will be pointed out afterward. What is important is that we continue to consult and collaborate with first nations people, make sure that we understand their concerns and the areas where we can move forward judiciously and with diligence to continue the process of reconciliation because we know it is imperative for our government, any government and all peoples in this beautiful country, which we are blessed to call home.
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Madam Speaker, Bill C‑38 is very important for us.
I want to say that I am very happy to hear that the pertinent committee for this bill did the requisite work and put forward a number of recommendations. It is obviously fitting that we continue to do the work in line with the recommendations in UNDRIP. Obviously, how quickly we proceed in this process will determine the timeline.
On the recommendations that the committee has brought forward, I am sure, in the spirit of collaboration, that all of those recommendations were looked at by the pertinent individuals and parties who put forward this legislation.
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