44th Parl. 1st Sess.
March 22, 2024 10:00AM
Madam Speaker, I was two minutes into speaking to Bill C-38 when my time ended on October 20, 2023. I am delighted to carry on today and will begin by reflecting first on what I said five months ago as I preface my further comments.
I really did appreciate hearing the debate in the House that day. Once again it was apparent that we gain far more from listening to those impacted and finding common ground to bring about positive change where needed. There was true concern about the circumstances that indigenous peoples find themselves in as a result of hardships they have faced through abuse and the intergenerational impact of those abuses from the past. Part of the challenge, I believe, is that while indigenous communities are many and have much in common, they also come from different life experiences themselves, and the same realization exists within all people groups throughout the world and those that call Canada home.
Although the long-awaited piece of legislation before us would provide strides toward reconciliation and the reversal of discrimination and inequalities within the Indian Act, it is only a milestone in a long journey of self-determination for first nations across Canada.
First of all I will deal with a reprimand I received in this place from other members who chided me for saying “our” first nations and “our” indigenous peoples, implying that I was suggesting ownership as a statement of colonialism. It might be some people’s choice to define the use of the word “our” as a weapon used by some in an effort to further hurt and create division, but in my case, nothing could be farther from the truth. Divisive rhetoric causes wounds. In my conversation, the word “our” is recognition of the desire of our indigenous people to be shareholders, not stakeholders.
In the riding of Yorkton—Melville, diversity is not our strength; unity in the midst of our diversity is our strength. In just the past few weeks, I have participated in and enjoyed two Unity in the Community events hosted by the Métis Nation Saskatchewan and the local communities of Porcupine Plain and Hudson Bay, where Métis, first nation, Filipino, Ukrainian, Norwegian, Portuguese, African, and some I think I am forgetting, many different cultures, came together from those communities and packed the building for an entire day of great food, displays, history, clothing, dancing and singing that intentionally celebrated everyone who calls those communities and the surrounding area home. The relationship-building and reconciliation are intentional there.
Another example is the efforts of the Yorkton Tribal Council as an association of six first nations and the City of Yorkton, which are working together to invest in common goals. Then there is the coming together of the Cote First Nation with the Good Spirit School Division, Kamsack School and Isabella and her family, to model grace in reconciliation through the creation of Ribbon Skirt Day. These are fruitful changes that we create.
As we keep these moments in mind, here is a truncated history lesson about the timeline of 45 years of incremental changes that have gone by since the Indian Act was created and implemented in 1876. In 1982, the Canadian Constitution was patriated, and section 35 of the Constitution recognized and affirmed the aboriginal title and treaty rights. Section 37 of the Constitution was amended, obligating the federal and provincial governments to consult with indigenous peoples on outstanding issues, creating the duty to consult.
In 1985, Bill C-31's amendment to the Indian Act passed, and it addressed gender-based discrimination pertaining to status women who married a non-status man and involuntarily enfranchised and created categories of status Indian registration under subsections 6(1) and 6(2). Then in 2010, Bill C-3's amendments to the Indian Act addressed gender discrimination in section 6 of the act in response to McIvor v. Canada. Subsection 6(2) was amended, allowing women who regained status to pass down status to their grandchildren.
In 2017, Bill S-3, an amendment to the Indian Act, addressed further gender-based discrimination in the act. The lineage eligible for registration from a status woman who was enfranchised by marrying a non-Indian man was reinstated in 1985, but it is still shorter than the lineage of a status male who married a non-Indian woman. In 2019, continuation of the coming-into-force of Bill S-3 addressed the removal of the 1951 cut-off, where in order for an individual to pass down status, they must have had a child or adopted a child on or after September 4, 1951, and have a mother who lost entitlement due to a marriage to a non-Indian man.
I hope I am not losing my colleagues.
In 2020, the final report to Parliament on the review of Bill S-3 acknowledged residual inequities, including the impacts of a family history of enfranchisement or entitlement registration. Enter 2023 and the introduction of Bill C-38, which responds to a 2021 case where 16 individual plaintiffs launched a constitutional challenge seeking to end inequities and exclusion faced by families that were enfranchised under earlier versions of the Indian Act. An agreement was reached to put the litigation on hold while working to pursue the legislative solution.
Bill C-38 would amend four key issues in the Act. First, individuals with a family history of enfranchisement would be entitled to registration under the Indian Act and could pass on entitlement to descendants with the same degree as those without family history of enfranchisement. Second, individuals would be allowed to deregister from the Indian register if they chose to do so, via an application for removal, without the repercussions of enfranchisement. Third, an addition would be made to Section 11 of the Indian Act that would allow married women to return to their natal band if they obtained status and were registered to their spouse’s band before April 17, 1985, addressing natal band reaffiliation. Finally, outdated and offensive language when referring to “dependent persons” would be addressed and changed.
The amendment, with four parts, is estimated to provide eligibility for registration for approximately 3,500 individuals. The individuals who are eligible and choose to apply for registration would have access to the rights and benefits of registrants under the Indian Act. Unlike with enfranchisement, first nations individuals would have more control over their own identity and ultimately determine themselves which services and benefits they would like to access based on the group they wish to identify with. Once an individual has chosen to deregister, they would no longer have access to any programs, services, settlements and/or benefits associated with the Indian Act. That would be their choice.
While this amendment would be a positive stride towards reconciliation and the reversal of discrimination and inequalities within the Indian Act, it would be, as I said, but a milestone in a journey of self-determination for first nations across Canada. On October 20, 2023, I said that indigenous individuals who want to see a good future for themselves and their families do not want to be stakeholders in Canada; they want to be shareholders. I ended on that day, October 20, 2023, by saying that I look forward to that day with them. I had a lot of good response to that comment.
At that time, I had no idea that three and a half months later, an announcement would be made that provides a clear map to a better future laid out by first nations for first nations, for reconciliation, forgiveness and healing, and for our shared nation of Canada. On February 8, the hon. leader of Canada’s common-sense Conservatives committed to enabling first nations to take back control of their resource revenues from big-government gatekeepers in Ottawa. For hundreds of years, first nations have suffered under a broken system that takes power away from their communities and gives it to Ottawa. The Indian Act hands over all reserve land and money to the federal government. This means that first nations have to go through Ottawa to ask for their tax revenues collected from resource projects on their land.
This outdated system puts power in the hands of bureaucrats, politicians and lobbyists, not first nations. The direct result of this “Ottawa knows best” approach has been poverty, substandard infrastructure and housing, unsafe drinking water, and despair. Conservatives have listened to first nations, and we have announced support for an optional first nations resource charge that enables first nations to take back control of their resources and money. This is a first nations-led solution to a made-in-Ottawa problem.
First nations and the First Nations Tax Commission developed the plan. They brought it to Conservatives, and we accepted. This new optional model will simplify negotiations between resource companies and first nations. The FNRC will not preclude any community from continuing to use other existing arrangements, such as impact benefit agreements. The Conservative leader, in his conversation with them, said, “The First Nations Resource Charge cedes federal tax room so communities will no longer need to send all their revenues to Ottawa and then ask for it back. It will also make resource projects more attractive to First Nations so they are more likely to go ahead.” Then he said—
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- Mar/22/24 10:20:14 a.m.
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Madam Speaker, I was born in a country that was a colony of foreign rulers for centuries, and I appreciate that people had to face multi-generational trauma.
I am happy to note that she mentioned the word “unity”, which we should use when we talk about diversity. Her comment about using the word “shareholders” instead of “stakeholders” was interesting. Could she explain whether her reason for using the word “shareholder” is because the resources, and the returns they have generated, can be equitably distributed among indigenous people?
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- Mar/22/24 10:21:01 a.m.
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Madam Speaker, the difference between stakeholders and shareholders was expressed to me by indigenous people. Often, they feel that they are on the outside looking in with the government, where they are somewhat being “consulted”.
However, it is not about consultation. It is about being part of the process and being included, because they are shareholders in what is happening in Canada as much as anyone else. They have the added pressure, because of past circumstances that they have experienced, in feeling that they are not being given that due attention.
That is why, as a Conservative, it was very exciting for me to hear about the opportunity that our leader had. He was asked to come and meet with them, to hear their plan and their excitement about the potential for their futures and taking responsibility for what is truly theirs.
I am also so thrilled to know that in Canada, we all have the opportunity to succeed. That is our goal, on this side of the floor, for when we become government.
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- Mar/22/24 10:22:19 a.m.
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Madam Speaker, given what we know about it, I would like my colleague to explain why the government is disregarding Amnesty International's final report entitled “No More Stolen Sisters”, which was tabled five years after its initial report. We finally managed to make a bit of progress when the Truth and Reconciliation Commission came out in favour of a national inquiry into the disproportionate violence experienced by indigenous women and girls. Can my colleague explain that to me?
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Madam Speaker, I certainly appreciate the member's intervention on this important debate on Bill C-38. Obviously, a number of inequities existed after various governments brought forward legislation. That has, unfortunately, hit upon many of the individuals that this legislation tries to target. I know this particular member has worked very hard with indigenous leaders, community members and individuals in her riding, and probably throughout her region.
Could she comment on some of the positive things she has seen and also remark on some of the other inequities she believes need to be addressed by a future government?
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- Mar/22/24 10:26:31 a.m.
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Madam Speaker, with my role as the member of Parliament for Yorkton—Melville, this is one of the highlights of my personal experience. It has opened me up to a lot more relationships with the indigenous communities in my riding and within the province.
I can say that, even for myself, it has taken hard work on both sides to build that relationship up. We cannot really succeed at anything if we do not have that relationship. I had the opportunity when we did our Saskatchewan caucus retreat, which we do every winter and summer, to get together with various groups and individuals who want to meet with us.
I had reached out to Chief O'Soup, who is the chief of the Yorkton Tribal Council, to see if we could come and visit. She said yes, and it did happen. However, she came to me and said, “We have never done this before. We are not sure what we are getting into here.” We showed up a little late, because we had another meeting. We sat down, and the first thing we did was have soup and bannock, and we started talking. We found out that our senator had gone to school with one of these individuals. Over that time together, we built a realization that we could then talk about some pretty serious circumstances in our community.
I am thankful for the time to say there are a lot of good things going on, and it is at the initiative of our first nations wanting to work with their communities in reconciliation.
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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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- Mar/22/24 10:50:44 a.m.
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- Re: Bill S-3
Madam Speaker, kwe kwe, ullukkut, tansi, hello and bonjour. Before I begin, I would like to acknowledge that Canada's Parliament is located on the unceded traditional lands of the Algonquin Anishinabe people.
I am thankful for the opportunity to say a few words today as we debate important amendments to the Indian Act, a relic of our colonial history that needs change.
I would like to begin by providing a historical overview to show why these amendments are so important and why we could not be proposing them today without first taking time to listen to and learn from first nations and indigenous partners who represent non-status first nations.
Before European contact, first nations had their own, long-established methods for determining citizenship. While methods varied between nations, the issues of kinship and community ties were at the heart of these processes. Colonial administrations, and then successive Canadian governments, introduced a progression of statutes that drastically changed the meaning and the nature of citizenship within first nations. The goal of these statutes was assimilation, and through the Indian Act, the process of enfranchisement was introduced.
Through enfranchisement, first nations members lost entitlement to registration and membership in their home communities if they wanted to vote in Canadian elections, own land, serve in the Canadian military, marry a non-first nations person or deny compulsory residential school attendance for their children. This legal process not only extinguished individual rights to registration under the Indian Act but also eliminated the right to access a range of rights and benefits, including the ability to vote in their nations' elections.
Individuals, including men, their wives and minor children, could be enfranchised involuntarily or by application. As I alluded to earlier, many parents sought enfranchisement simply as a means to protect their children from forced attendance at residential schools. Some were involuntarily enfranchised when they earned a degree; became a doctor, lawyer or professional; or resided outside of Canada for more than five years without permission.
The implication of enfranchisement in these circumstances was that first nations heritage and culture was somehow incompatible with notions of modernity and professional achievement.
The evolution of the Indian Act had particular consequences for first nations women. By 1869, the definition of “Indian” was no longer based on first nations' kinship and community but instead on the predominance of male lineage and their community connection. Under the Indian Act, a woman who married an Indian man was automatically transferred from her father's nation to her husband's community. Women who married non-lndian men lost their status and any associated benefits completely.
The result of these policies has been devastating. The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls explains how the policy played a role in limiting women's social and economic independence. We know from the national inquiry that social and economic marginalization was among the root causes of the unspeakable violence that indigenous women and girls endure in this country.
There have been attempts over the years to do better, but these have fallen short. Amendments to the Indian Act in 1951 attempted to remove some of the offensive political, cultural and religious restrictions, but they also gave the provinces jurisdiction over indigenous child welfare. This paved the way for the sixties scoop, a painful process where first nations children were removed from their families and communities instead of being provided with resources and supports.
In 1985, the process of enfranchisement was eliminated from the Indian Act. Individuals who had been enfranchised by application had their entitlement restored, but they still could not pass on entitlement to their grandchildren.
This is why it is so crucial for any amendments to be made in coordination with those who are most affected by them. Today we are on a path toward reconciliation. We are trying to listen, learn and do better. Policy development must reflect the recommendations and perspectives of first nations peoples and indigenous partners who represent non-status first nations.
For example, through the collaborative process on Indian registration, band membership and first nation citizenship, first nations partners guided the development of Bill S-3, which received royal assent in 2017, came into force in 2019 and eliminated known sex-based inequities in the registration provisions of the Indian Act. Today, because of these changes, matrilineal and patrilineal lines of ancestry are treated equally in entitlement to registration, all the way back to 1867.
Despite the successful removal of sex-based inequities in registration, the Government of Canada and first nations agree that there are still legacy issues that impact women and issues in registration and membership which remain, and these need to be addressed.
In March, the Minister of Indigenous Services reaffirmed the federal government's commitment to addressing enfranchisement-related inequities in the Indian Act as soon as possible. We have been working with first nations individuals and indigenous partners who represent non-status first nations to craft these amendments. We are grateful for their advice and guidance, and we recognize how difficult it can be to share their stories over and over again in a struggle for change that spans decades.
The amendments in the bill before us today are the result of discussions with impacted first nations individuals, first nations representatives, Indian registration administrators and national indigenous organizations, including the Assembly of First Nations, Congress of Aboriginal Peoples, Native Women's Association of Canada, Métis Nation of Canada and the Manitoba Métis Federation. Some provided formal written feedback on the draft of the legislation, while others participated in conversations about the need for and direction of the amendments.
I will now provide a brief overview of what the amendments include. The amendments being proposed will address discrimination caused by a family history of enfranchisement. They will also address individual deregistration, natal band membership and some of the outdated and offensive language in the Indian Act.
They will ensure that first nation individuals with a family history of enfranchisement will be treated equally to those without. The amendments will also allow those individuals who want to remove their names from the Indian register the opportunity to do so. We know this is important for members of Métis groups or American tribes who wish to pursue this option based on the membership requirements of their respective groups.
We note that those who are deregistered will still legally retain their entitlement to be registered under the Indian Act in the future and subsequently transmit entitlement to their descendants. The proposed amendments would also create a legal mechanism that would ensure that women who lost the right to membership in their natal first nations, prior to changes made in 1985, have the right to apply to have that membership restored.
Last, we know the Indian Act includes all manner of outdated and offensive language. Today's amendments will focus on the term “mentally incompetent Indians”, which would be replaced with the more respectful “dependent person.”
We recognize that there is much more work to be done to address the colonial legacies in legislation. Starting early in 2023, we will begin engagement on the additional inequities that still remain in registration, including the second generation cut-off. We will plan to introduce additional amendments once we have engaged broadly.
We are committed to working hand in hand with first nations to accomplish this. We are striving to make changes based on recognition and respect for the right to self-determination. It is a learning process. We are learning how to listen and also how to act with humility.
I reiterate my thanks to the first nations individuals and indigenous partners who represent non-status first nations who have devoted their time and energy to this process of change, and to the many individuals that work hard every day to make things better in this country. Their resilience and patience paves the way for a brighter future, and I offer my deepest gratitude to them.
It is my hope that this historical context and overview provides members of Parliament with a sense of why these amendments are needed. I hope all members will join me in supporting this important bill and in continuing to work towards true reconciliation.
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- Mar/22/24 11:57:16 a.m.
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Madam Speaker, as we move forward from the pandemic, small businesses have nearly three years, until the end of 2026, to repay their CEBA loans, and they have access to interest rates as low as 5%.
Meanwhile we are investing in communities in order to strengthen our economy. Earlier this month we announced $2.5 million in federal funding to enhance the indigenous women's entrepreneur program and create an indigenous youth entrepreneurship program.
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- Mar/22/24 1:03:51 p.m.
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Mr. Speaker, I certainly remember, as the bill came forward, expressions of disappointment that it did not go farther, that it would bring relatively minor changes in the relationship between indigenous peoples and the Crown, and that much more would need to be done. However, I did not hear anyone suggest that it was not a good step forward, though small.
I wonder whether the hon. member can inform us of the extent to which more substantial changes will be coming in the legislative scheme of this country's racist laws.
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