Some Hon. Senators: Hear, hear.

Hon. Senators: Hear, hear!

Hon. Senators: Agreed.

(At 6:36 p.m., the Senate was continued until Tuesday, March 19, 2024, at 2 p.m.)

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Martin, bill placed on the Orders of the Day for second reading two days hence.)

Hon. Jane Cordy, for Senator Omidvar, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the following report:

Thursday, February 29, 2024

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

NINETEENTH REPORT

Your committee, to which was referred Bill S-252, An Act respecting Jury Duty Appreciation Week, has, in obedience to the order of reference of Thursday, June 1, 2023, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

RATNA OMIDVAR

Chair

(For text of observations, see today’s Journals of the Senate, p. 2501.)

The Hon. the Speaker: Honourable senators, when shall this bill be read the third time?

(On motion of Senator Greenwood, bill referred to the Standing Senate Committee on Indigenous Peoples.)

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question.

The government is taking a holistic approach to online harm issues, and Bill C-63 proposes a new regulator, separate from the Canadian Radio-television and Telecommunications Commission, mandated to reduce online harm.

The bill has just been tabled and will be studied in detail to address a number of issues — you mentioned some of them — and other matters, such as balancing freedom of expression and proportionality in sentencing.

All of these issues will be addressed in the House of Commons and, when the bill arrives here in the Senate, I’m fully confident that it will receive serious consideration in committee and in this chamber, and that it will measure up to Canadians’ expectations.

The Hon. the Speaker: Are honourable senators ready for the question?

Hon. Senators: Question.

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Margo Greenwood moved second reading of Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation.

She said: Tansi, honourable senators.

I begin by acknowledging that we are on the unceded traditional territory of the Anishinaabe Algonquin peoples. I am grateful to live and work on these lands. I am honoured to rise as the sponsor of Bill S-16, entitled “Haida Nation Recognition Act,” and to speak at second reading.

Honourable senators, we are here today to discuss this bill because of the incredible perseverance of the Haida people. We are here because of their leadership and vision of governance and self-determination.

At its core, this bill, which was co-developed with the Haida Nation, will do two very important things: It will affirm the Government of Canada’s recognition of the Haida Nation as the holder of inherent rights of governance and self-determination; and, second, it will affirm the Council of the Haida Nation as the government of the Haida Nation.

Haida Gwaii is a group of over 200 beautiful islands located 100 kilometres west of the northern coast of British Columbia. These islands are the homeland of the Haida Nation. In the Haida language, Haida Gwaii means “the islands of the people.” I have been to these lands, felt their shores and heard their stories — stories of the raven creating Haida Gwaii out of the water and coaxing the Haida out of a clamshell to join him on this new and beautiful land.

These stories speak to the profound relationship that exists between the Haida people and the lands and waters that have been their territories since time immemorial. Their language, stories, laws and protocols, knowing and being reflect this oneness.

Fifty years ago, in 1974, the Council of the Haida Nation was formed as a national government with a vision to organize Haida people into one political entity. The Constitution of the Haida Nation was adopted in 2003. It describes the mandate of the Council of the Haida Nation, including relationships with other governments on matters that relate to Haida title and rights.

President of the Haida Nation, Gaagwiis Jason Alsop, said that 50 years ago, the Haida Nation:

. . . formed our own national government — the Council of the Haida Nation. We didn’t wait for Canada or B.C. or anyone to empower us or come along and tell us how to do things. Our people recognized our inherent right to govern our lands and waters in a good way, to steward and speak for the beings and the supernaturals, and to uphold our inherent responsibility to care for our homelands.

However, President Gaagwiis also stated that:

One of the barriers in reconciling our differences with B.C. and Canada has been the lack of formal recognition of the Council of the Haida Nation as the governing body of the Haida Nation and of our inherent title and rights in Haida Gwaii.

Senators, today is an important step toward eliminating that barrier. The journey for recognition and self-determination by the Haida people is one backed by years of productive intergovernmental discussions between the Haida Nation, British Columbia and Canada.

A key moment in this journey was in August 2021, when the Haida Nation, British Columbia and Canada entered into the GayGahlda, the “Changing Tide” framework for reconciliation. The framework’s overall intent is to advance collective work on the priorities set out by the Haida Nation.

This historic agreement is based on recognition of the Haida Nation’s inherent title and rights with respect to the Haida Gwaii terrestrial area, including the inherent right to self-government.

The GayGahlda “Changing Tide” framework sets out an incremental approach for negotiating legally binding reconciliation agreements. This includes guiding principles, priority topics and a long-term agenda for negotiations.

The bill before us today is the direct result of collaborative efforts under the GayGahlda “Changing Tide” framework.

It is an important part of undoing Canada’s colonial approach and policies, and a step toward reconciliation — a term that the Haida people define as “people working together to make it right.”

The proposed legislation is built from the priorities and aspirations of the Haida Nation. It is a milestone in a shared process of finding ground to build a better future, based on the recognition of Haida governance and self-determination.

More specifically, in July of 2023, the Haida Nation, British Columbia and Canada concluded the signing of the Nang K’uula Nang K’úulaas recognition agreement. This agreement is the first legally binding tripartite agreement the parties have reached under the GayGahlda “Changing Tide” framework.

A key feature of this agreement is that Canada and British Columbia recognize the Council of the Haida Nation as the governing body of the Haida. The next step is for Canada to develop federal legislation to bring the agreement into full effect. That is why we are here today.

Last year, British Columbia passed and adopted Bill 18, the provincial component of the enabling legislation. The bill before us is Canada’s legislative counterpart.

If this bill is passed by Parliament, it will solidify the legal recognition of the Haida Nation as the holder of inherent rights of governance and self-determination by both the federal and provincial governments. Further, it will recognize that the Council of the Haida Nation is authorized, in accordance with the Constitution of the Haida Nation, to exercise and make decisions regarding those rights.

This bill provides a foundation for further steps to be taken together, government-to-government, to fulfill responsibilities and create a path for a better future. It sets the stage for future reconciliation agreements between the Haida Nation and the federal and provincial governments. This bill will shape Canada’s relationship with the Haida Nation for generations to come.

Recognition of Haida governance and self-determination is long overdue, and the proposed legislation now before us deserves our full and unqualified support.

The bill also aligns with Canada’s broader commitment to support Indigenous-led processes for building and reconstituting historic nations and advancing reconciliation. This bill is part of the federal government’s commitment to work with Indigenous partners to restore nation-to-nation relationships, implement their inherent right to self-determination and support communities as they move toward self-government.

It is also an important part of implementing the United Nations Declaration on the Rights of Indigenous Peoples Act. The UNDA recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the right of self-government.

The GayGahlda “Changing Tide” framework also recognizes the importance of the declaration when working with federal and provincial governments. Section 3.18 states:

This Agreement, subsequent agreements, and their negotiation will meet the standards of and protect all rights of the Haida Nation as recognized in the United Nations Declaration on the Rights of Indigenous Peoples.

The UNDA commits the federal government to taking effective measures — including legislative ones — in consultation and cooperation with Indigenous peoples, to achieve the objectives of the UN declaration.

What we have before us, colleagues, is a legislative measure that achieves the objectives of the UN declaration and those of the Haida Nation’s GayGahlda “Changing Tide” framework. This bill is important not just for the Haida Nation and British Columbians, but for all Canadians. It marks a key moment in Canadian history. Recognizing the Council of the Haida Nation as the governing body of the Haida Nation and their inherent right to governance and self-determination takes us a step closer to the country we aspire to be: a country predicated on respect, reconciliation and equity.

I look forward to your support so we can ensure that this foundational recognition takes place. Thank you for joining me in supporting this bill. Háw’aa. Thank you. Hiy hiy.

[Translation]

The Hon. the Speaker: Is leave granted, honourable senators?

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today to speak to Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation.

The importance of legislation recognizing the inherent right of Indigenous peoples to governance and self-determination is not just a legal or political matter; it is a moral imperative that speaks to the heart of justice, equality and the preservation of Indigenous cultures.

Legislation acknowledging and upholding the inherent right to self-determination is not a mere gesture of goodwill — it is an essential step toward rectifying historical injustices and fostering a society that values diversity, inclusivity and equality. When Indigenous communities are granted the autonomy to govern their own affairs, it not only respects their distinct identities, but also empowers them to address the unique challenges they face.

By recognizing Indigenous self-determination, we are affirming their right to shape their economic, social and political landscapes in ways that align with their traditions and values. This recognition is not a threat to the broader society; rather, it is an opportunity to enrich our collective understanding of governance by embracing alternative models that have sustained Indigenous cultures for generations.

Moreover, legislation supporting Indigenous self-determination is a crucial step toward reconciliation. It acknowledges the need to right historical wrongs, foster healing and build a future where all members of society can thrive together.

Bill S-16 purports to be just that kind of legislation, following in the steps of similar legislation passed in my home province of British Columbia, as explained clearly by Senator Greenwood.

The Haida Nation is a nation with a rich and complex history. The Haida have inhabited the Haida Gwaii archipelago — formerly known as the Queen Charlotte Islands — for thousands of years. Their history is deeply intertwined with the rich, natural environment of the islands, which provided abundant resources for sustenance and cultural practices.

The Haida developed a sophisticated social structure and were known for their complex class system, which included nobility and commoners. They were renowned for their artistic achievements, especially their distinctive and intricate totem poles, canoes and other artifacts.

The first recorded contact between the Haida and European explorers occurred in the late 18th century when British and Spanish explorers arrived in the region. This contact had profound consequences for the Haida, as foreign diseases and changes in trade disrupted their traditional way of life.

The fur trade, particularly in sea otter pelts, became a significant part of the Haida economy in the 19th century. This period brought increased contact with European and American traders, leading to both economic opportunities and cultural challenges.

In the 19th century, the establishment of European and Canadian colonies had a significant impact on the Haida Nation. Missionary activities, the imposition of European laws and land dispossession had profound effects on Haida culture and sovereignty. Like many Indigenous peoples in Canada, the Haida experienced the destructive effects of the residential school system, which aimed to assimilate Indigenous children into the European-Canadian culture. This policy led to trauma for the survivors and their families and friends — the loss of language, culture and traditional knowledge.

Yet, the Haida persevered, and, in the latter half of the 20th century, the Haida, like many other Indigenous groups in Canada, began asserting their rights to their ancestral lands and self-determination. Land claims negotiations and legal battles resulted in the recognition of Haida title and rights.

Today, the Haida Nation is actively involved in various economic, cultural and environmental initiatives. They have achieved recognition of their rights and engaged in co-management of resources, and they continue to work toward preserving and revitalizing their language and cultural practices.

Honourable senators, Bill S-16 is another stepping stone in the Haida Nation’s journey to self-governance and self-determination. The Haida Nation has a long history of asserting their land rights and engaging in negotiations to address historical grievances related to land dispossession. This settlement process for the Haida involved a series of negotiations and agreements with the Canadian government.

The Calder case was a landmark legal decision in 1973 that acknowledged Aboriginal land title. The case was brought by Frank Calder, a Nisga’a leader, but its implications reached beyond the Nisga’a Nation and had an impact on other Indigenous groups, including the Haida.

In the 1980s and 1990s, Canada initiated a comprehensive land claims process to address Indigenous land rights and treaty negotiations. The Haida Nation, along with other Indigenous groups, became involved in this process which led to the Haida Accord being signed in 1985.

The Haida Accord laid the groundwork for negotiations between the Haida Nation and the provincial and federal governments. This accord recognized the Haidas’ right to negotiate land claims and self-government. Serving as a framework for negotiations between the Haida Nation and the governments of Canada and British Columbia, the accord outlined the principles and processes that would guide discussions on land claims and other related issues.

The accord set the stage for addressing land claims and comprehensive settlement negotiations. It acknowledged the need for a fair and just resolution that recognized the rights and title of the Haida people, emphasizing the importance of consultation and cooperation between the Haida Nation and the governments on matters related to resource management, land use and cultural heritage.

The accord acknowledged the significance of Haida cultural values and traditions, emphasizing the need to incorporate these values into the negotiation and settlement processes.

While not a final settlement, the Haida Accord affirmed the commitment of all parties to the broader treaty process in Canada, recognizing the need for negotiated agreements to address historical injustices and reconcile Indigenous land rights.

The Gwaii Haanas Agreement, signed in 1993, was another significant step in the land claims process. It established the cooperative management of the southern part of Haida Gwaii, known as Gwaii Haanas, between the Haida Nation and the federal government.

The agreement introduced a unique cooperative management framework, emphasizing collaboration between the Haida Nation and the Government of Canada for the stewardship of Gwaii Haanas. The agreement recognized the cultural and ecological significance of Gwaii Haanas for the Haida Nation. It acknowledged the area’s importance as a repository of Haida heritage, including village sites, totem poles and other cultural artifacts.

The Gwaii Haanas Agreement included provisions for the protection and conservation of the region’s ecosystems. It aimed to balance ecological sustainability with the cultural values and traditional land use of the Haida people.

The agreement established a Gwaii Haanas management board, featuring equal representation from the Haida Nation and the Government of Canada. This board played a central role in decision making related to the management of Gwaii Haanas.

The agreement granted the Haida Nation control over access to and use of cultural resources within Gwaii Haanas, reinforcing the Haida’s role in protecting their heritage.

Recognizing the importance of tourism to the region, the Gwaii Haanas Agreement addressed sustainable tourism practices and the need for collaboration to ensure responsible and culturally sensitive visitation.

The Gwaii Haanas Agreement reflected a commitment to coexistence and shared responsibility for the management of the region. It sought to reconcile the conservation of natural resources with the cultural and economic needs of the Haida Nation.

The Gwaii Haanas Agreement set a precedent for collaborative and innovative approaches to the management of protected areas, integrating Indigenous knowledge and practices into the governance of significant cultural and ecological landscapes. It contributed to the ongoing reconciliation efforts between the Haida Nation and the Government of Canada.

In 1993, the Haida Nation and the governments of Canada and British Columbia signed the Haida Nation final agreement. This comprehensive land claims settlement addressed issues of land ownership, resource management and self-governance. Following the settlement, the Haida Nation has been actively involved in co-management of natural resources, cultural revitalization and initiatives to strengthen self-governance.

It’s important to note that while the Haida Nation final agreement represents a significant milestone, the journey towards reconciliation and the implementation of these agreements are ongoing. The Haida Nation continues to play a crucial role in the stewardship of their lands and the preservation of their cultural heritage.

Bill S-16 affirms the Government of Canada’s recognition of the Haida Nation as the holder of the inherent rights of governance and self-determination. If passed, the legislation will formally recognize the Council of the Haida Nation as the government of the Haida Nation.

The bill would affirm and implement commitments in Bill 18, Haida Nation Recognition Act, entered into by the Haida Nation, the Government of Canada and British Columbia in July 2023.

The Council of the Haida Nation was formed as a national government in 1974. The Constitution of the Haida Nation was formally adopted in 2003. It mandates the council to conduct the external affairs of the Haida Nation and to steward the lands and waters of Haida Gwaii on behalf of the Haida Nation. This ensures that the Haida relationship with Haida Gwaii continues in perpetuity.

This is important because 50 years ago, the Haida Nation formed its own national government in the Council of the Haida Nation. The Haida Nation formally adopted its constitution in 2003, mandating the council, among other duties, to:

. . . steward the lands and waters of the Haida Territories . . . and to perpetuate Haida culture and languages for future generations.

The Haida government has been working for half a century, and through Bill S-16, it will finally receive formal recognition from the federal government. It is both symbolic and significant. Council of the Haida Nation President Gaagwiis Jason Alsop had this to say:

The Haida Nation:

 . . . didn’t wait for Canada or B.C. or anyone to empower us or come along and tell us how to do things. Our people recognized our inherent right to govern our lands and waters in a good way, to steward and speak for the beings and the supernaturals, and to uphold our inherent responsibility to care for our homelands.

The bill itself is straightforward. As I mentioned, the bill recognizes the Council of the Haida Nation as the governing authority for the Haida people.

While the bill is short on text, it has huge implications for the Haida Gwaii people. Legislation recognizing their inherent right to governance is a bridge towards creating a more just and equitable society, where the voices of all people, regardless of their cultural background, are heard and respected. Thank you.