SoVote

Decentralized Democracy
  • Jun/14/22 2:00:00 p.m.

Hon. Patti LaBoucane-Benson moved second reading of Bill S-10, An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments to other Acts.

She said: Honourable senators, before I begin, I would like to acknowledge that I have always lived on and am speaking to you today from this beautiful Treaty 6 territory, where we are all treaty people.

I am pleased today to speak to the second reading of Bill S-10, which advances Indigenous self-government for the shíshálh Nation and Anishinabek Nation. This bill is a reflection of our country’s commitment to work with First Nation partners to implement their inherent right to self-government and self-determination and to support their visions of a better future for their communities. It supports Canada’s goal of addressing our long history of colonization and it’s a tangible action toward reconciliation.

Honourable senators, let’s take a step back for a moment to reflect upon what self-government means for Indigenous communities. For thousands of years before contact, Indigenous peoples operated their own forms of government. They established and enforced their own laws with their own forms of leadership, and they divided responsibilities according to their customs. When settlers arrived on the shores of this land now known as Canada, some pacts and partnerships were forged with Indigenous groups through treaties, trade agreements and military alliances. However, the rights of Indigenous peoples were gradually eroded with each new colonial decision, policy and law. The treaties and partnerships were neither upheld nor respected.

In 1876, the government passed the Indian Act, which imposed a colonial system of governance on First Nations. It actively erased systems that had been in place for centuries, and it failed to recognize the unique needs and aspirations of communities. But Indigenous inherent rights to governance were never relinquished and, in 1982, they were reaffirmed in section 35 of the Canadian Constitution. Now Canada is working to undo federally imposed systems of governance and reaffirming the inherent rights of Indigenous peoples.

Self-government agreements support this process. These agreements set out law-making authority in many areas, including how to educate their children, how to manage their lands, how to protect their cultures and languages and how to build their economies and create jobs.

Senators, Bill S-10 is dual-pronged. First, it contains measures that would modernize the Sechelt Indian Band Self-Government Act and, second, it supports the implementation of the Anishinabek Nation Governance Agreement. I will provide some context for both.

In 1986, the shíshálh Nation became the first Indigenous nation in Canada to achieve self‑government with their own self‑governance act. Now, almost 40 years later, the legislation is showing its age.

When I spoke with shíshálh Chief Warren Paull today, he said that, in 1986, their constitution was basically a cut-and-paste from the Indian Act. There just wasn’t time to think about it deeply. Now, over 30 years later, they want to decolonize their constitution. Canada’s policies and relationships with Indigenous partners have evolved and now, at the request of the community, we know this arrangement must evolve, too.

For the past two years, the government has been collaborating with the shíshálh Nation on proposed amendments to their self‑government legislation. The most symbolic of these changes is an update to the act’s name. If approved, it would transition to the “shíshálh Nation Self-Government Act,” removing the Crown-imposed anglicized name and spelling of “Sechelt.”

Other changes include removing outdated provisions that are not required under modern self-government arrangements; confirming lawmaking powers over social and welfare services, including child and family services for all shíshálh Nation members; and allowing the establishment of new land registries, as an alternative to the Indian Act reserve land register.

The shíshálh Nation is a leader in the realm of Indigenous self‑governance, and these amendments uphold their leadership. Support for this bill would show that Canada continues to be an active partner in supporting nation-to-nation relationships with self-governing Indigenous partners, not only now but on an ongoing basis as their needs evolve in the future.

The second part of this bill is the Anishinabek Nation Governance Agreement Act. In April 2022, Minister Marc Miller joined the Anishinabek First Nations leaders in signing the Anishinabek Nation Governance Agreement, and the proposed governance agreement act would bring this agreement into effect. This historic agreement recognizes Anishinabek control over their government and law-making powers in four key areas: leadership selection, citizenship, language and culture and government operations.

Notably, this would be the second self-government agreement concluded by the nation in a span of five years. In 2018, 23 First Nations signed a self-government agreement recognizing Anishinabek control over education on-reserve. And there’s a third one on the horizon; in 2021, an agreement in principle on Anishinabek child, youth and family well-being was reached, which lays out a road map for negotiating a final agreement in the future.

Honourable senators, the Anishinabek First Nations are ready to reclaim their inherent rights to governance. We simply need to support them.

Before concluding, it’s important to note that this legislation was drafted and co-developed in partnership with both First Nations. I would like to take a moment to acknowledge the work of the shíshálh Council and Anishinabek Nation in developing these pieces of legislation. After years and years of work, both of these initiatives have strong support from these First Nations partners. I can think of no better reason for us to work efficiently and without delay on this bill.

Honourable senators, we must take action. The proposed shíshálh Nation Self-Government Act and the proposed Anishinabek Nation Governance Agreement Act are just two examples of how the Government of Canada can support First Nations and all Indigenous peoples in achieving their inspiring visions of a better future for all of their citizens. It’s not the federal government’s place to control or oversee the affairs of Indigenous peoples. This bill helps remove the federal government from that colonial role.

If we want to have any hope of addressing the long history of colonization in this country, we must support initiatives like this. We must respect and acknowledge the long-standing and established practice of Indigenous governance. And we must lift up arrangements that are created by Indigenous communities, for Indigenous communities, so that they can achieve their own visions of success.

I thank the honourable senators for their time, and I would respectfully ask that we send this bill to committee today, without delay. Thank you, marsee and hiy hiy.

1138 words
  • Hear!
  • Rabble!
  • star_border