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House Hansard - 294

44th Parl. 1st Sess.
March 22, 2024 10:00AM
Context: House Hansard - 294 - Mar/22/24
Mrs. Cathay Wagantall (Yorkton—Melville, CPC)
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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Context: House Hansard - 294 - Mar/22/24
Mrs. Cathay Wagantall
  • 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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