Hon. Marilou McPhedran: Honourable senators, kwe, tansi. As a senator for Manitoba, I recognize that I live on Treaty 1 territory, the traditional lands of the Anishinaabe, Cree, Oji-Cree, Dakota and Dene peoples and the homeland of the Métis Nation.

I acknowledge that the Parliament of Canada is situated on unceded and unsurrendered Algonquin Anishinaabe territory.

I rise today to speak to Bill C-29, an act to establish a national council for reconciliation. I support this legislation. I intend to vote in favour of it, and I hope to do so today. I hope Bill C-29 will receive the same unanimous support here as it did in the other place.

I want to acknowledge everyone who supported this bill in committee and participated in debate at each stage. I especially want to thank Senator Audette for her leadership and collaborative approach to shepherding this bill through the Senate.

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Bill C-29 responds to the Truth and Reconciliation Commission’s Calls to Action 53 to 56, which called for an independent national council empowered to monitor and evaluate government accountability for reconciliation efforts; to establish national action plans in furtherance of this goal; and, in other ways, to promote public dialogue and to foster reconciliation across all levels and sectors of Canadian society.

In his third-reading remarks, Senator Klyne highlighted the urgency and obligation we have to pass this bill into law. He also eloquently touched upon our accountability and responsibility in this chamber. He said:

When it comes to reconciliation, good enough is never good enough. Indigenous nations and federal, provincial, territorial and municipal governments and legislatures must constantly be working to strengthen relationships and achieve the best possible results. Honesty, courage and criticism are essential to progress in society . . . .

Good enough is never good enough. In that spirit, I wish to highlight a small but significant issue that merits our attention regarding the distinctions between First Nations and Métis peoples’ historical land use, occupation and governance.

On November 15, a letter written by Grand Chief Cathy Merrick of the Assembly of Manitoba Chiefs was delivered to the Prime Minister. Senators all received a copy of this correspondence, and I will now quote extracts from Grand Chief Merrick’s letter to help explain the amendment that I will propose to you today:

Dear Prime Minister:

On behalf of the Assembly of Manitoba Chiefs, or AMC, I write to you today to address a concerning misconception amongst Canadian politicians about the distinctions between First Nations and Métis peoples’ land use, occupation and governance. The AMC is aware that an amendment to Bill C-29, An Act to provide for the establishment of a national council for reconciliation, proposed by Senator Mary Jane McCallum in a recent debate of the Senate, failed to pass. The proposed amendment was in reference to the preamble, which states that Indigenous peoples have lived and governed these lands since time immemorial.

Senator McCallum sought to correct an inaccuracy associated with overgeneralization of the term “Indigenous” by replacing it with “First Nations and Inuit peoples” in order to reflect the lived realities of the three distinct groups commonly referred to as “Indigenous.”

The AMC is concerned that the content of the debate, and subsequent failure of the Senate to pass the amendment, reflects a lack of knowledge that Canadian politicians have in regard to the unique histories of First Nations, Inuit and Métis peoples. Accordingly, I would like to take the opportunity to provide education on this topic. Out of respect for the multi-juridical nature of Canada and the many legal orders that comprise it, I cite both First Nations and Canadian law in the following explanation.

Prior to European contact, First Nations existed on the lands now known as Canada since time immemorial, with our own unique laws and rights derived from the Creator. This truth is echoed across the sacred creation stories of First Nations in Manitoba, and Canada more broadly. Creation stories have multiple versions, each of which is true. They are passed down over generations by elders who teach us to know who we are and understand our spiritual relationship with the land. For a fulsome example, I refer you to D’Arcy Linklater et al., Ka’esi Wahkotumahk Aski, Our Relations With The Land: Treaty Elders’ Teachings, Volume 2, where Anishinaabe Elder Ken Courchene sets out the origins of Turtle Island. Through this sacred story, he confirms that the Anishinaabe were gifted with their lands and traditional territories by the Creator.

Anishinaabe Elder Donald Catcheway further affirms that the Creator placed the Anishinaabe on the land first and gave them responsibility and stewardship over it. As such, the Anishinaabe have an obligation to care for the land, which is tied to their ability to learn from it and enjoy its gifts.

In more recent history, First Nations have exercised their own sovereignty alongside the Crown’s assumed sovereignty through negotiated treaties and in respect of our sovereign nationhood. In contrast, the Métis people, many of whom are our relatives, arose only after contact with the Europeans. This distinction cannot be overlooked, because it informs the rights and obligations that our people owe and are owed.

In R. v. Desautel, the Supreme Court of Canada confirmed:

. . . the Aboriginal peoples of Canada under s. 35(1) are the modern successors of those Aboriginal societies that occupied Canadian territory at the time of European contact . . . .

At the same time, the court clarified that there are distinctions between First Nations and Métis section 35 rights “Because Métis communities arose after contact between our Aboriginal peoples and Europeans . . . .” The court emphasized its previous opinion in R v. van der Peet that:

The manner in which the aboriginal rights of other aboriginal peoples are defined is not necessarily determinative of the manner in which the aboriginal rights of the Métis are defined.

Likewise, in R v. Powley —

The Hon. Marilou McPhedran: Therefore, honourable senators, in amendment, I move:

That Bill C-29, as amended, be not now read a third time, but that it be further amended in the preamble, on page 1, by replacing lines 1 and 2 with the following:

“Whereas, since time immemorial, First Nations and Inuit peoples — and, post-contact, the Métis Nation — have thrived on and managed and governed”.

Thank you, meegwetch.