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]