Senator Gold: Thank you for your question.

I think “prohibition” is the wrong word, with all respect, senator. I understand your question better than I did before. I apologize if I was not as crisp as I am going to try to be.

There is no definition of “affiliation” in the rules and there need not be. A government can decide how it wants to organize its work in the Senate. It can decide, regardless of the Rules of the Senate — but consistent with the Parliament of Canada Act — how they want to name their leader or representative.

If it turns out that a government decides, as has been stated publicly, that if it forms government it would return to the older system, then it would name a government leader, as you did when Senator Carignan was the government leader here in the Senate and his predecessors before him.

If this government is returned to power, or if I leave this office tomorrow and a new Government Representative in the Senate has to be named, then the government will name someone as they see fit.

I’m not going to enter into my interpretation of what “affiliation” might be. I know what I am, what I do and what I don’t do. I am very confident that under no definition of “affiliation” am I affiliated with the Liberal Party of Canada, and I haven’t been since long before I took this role, but it’s not about me.

This is just, I think, an attempt to create the circumstances where you can be something other than “a government leader affiliated with a political party” and still represent the government in the Senate, as this government has chosen to do.

Hon. Senators: Hear, hear!

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

Colleagues, artificial intelligence has tremendous economic potential; however, as with all technology, it presents important challenges and considerations to make sure that its development and implementation are safe. Canada is a global leader in responsible AI and is supporting an AI ecosystem that supports the responsible use of this important technology.

In response to your question, Senator Loffreda, to that end, I understand that Budget 2024 proposes $3.5 million over two years, starting in 2024-25, to advance Canada’s leadership role with a global partnership on artificial intelligence, securing Canada’s leadership on the global stage when it comes to advancing the responsible development, governance and use of AI technologies internationally.

The Hon. the Speaker informed the Senate that a message had been received from the House of Commons returning Bill S-209, An Act respecting Pandemic Observance Day, and acquainting the Senate that they had passed this bill without amendment.

[English]

Some Hon. Senators: Hear, hear.

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

She said: Good evening, colleagues. I begin by acknowledging that we are on the traditional unceded territory of the Algonquin Anishinaabeg peoples. I am grateful to live and work on these lands.

I am honoured to rise as the sponsor of Bill S-16, an act respecting the recognition of the Haida Nation and the Council of the Haida Nation and to speak at third reading.

I must first acknowledge the strength and leadership of the Haida Nation in articulating and advocating for their vision of governance and self-determination. We would not be here today without their perseverance and determination.

I would like to thank everyone who has worked to get us to this point, including President Gaagwiis Jason Alsop, councillors, hereditary chiefs and staff, past and present, at the Council of the Haida Nation. Their work and perseverance made this bill a reality.

I would also like to thank the Minister of Crown-Indigenous Relations, his team and department for helping to move reconciliation forward between Canada and the Haida Nation.

To the honourable senators who participated in the Standing Senate Committee on Indigenous Peoples’ review of this bill, for your thoughtful contributions, thank you.

Bill S-16 was co-developed with the Haida Nation and introduced with their support. Honourable senators, this bill will accomplish two important actions. First, it will affirm the Government of Canada’s recognition of the Haida Nation as a holder of inherent rights of governance and self-determination. Second, it will affirm the Council of the Haida Nation as the government of the Haida Nation with the capacity to exercise governing powers vested in it through the Haida Constitution.

I’ll take a moment to summarize how we got here.

Since time immemorial, Haida people have occupied the Haida Gwaii archipelago off the north coast of British Columbia. Today, they make up about half of the 5,000 people living on these islands.

Fifty years ago, the Haida Nation formed its own national government, the Council of the Haida Nation. The proposed bill is a key component to implement Canada’s recognition of the Council of the Haida Nation as the government of the Haida Nation.

At its core, Bill S-16 is a step in a renewed process to build a better future based on the recognition of Haida governance and governing structures that are inherent and self-determined.

Council of the Haida Nation President Gaagwiis Jason Alsop spoke directly to this concept in appearing before our committee on Bill S-16 stating that:

The bill before you today is an opportunity for the recognition of our governance developed by our people, our self-determination, and an opportunity to continue the work of . . . [reconciliation].

Reconciliation in Haida means good people working together to make things right. Senators, I look around and I know that we are good people and that we have an opportunity to make things right.

Foundational to this journey is the GayGahlda Changing Tide Framework Agreement for reconciliation signed by the Haida Nation, Canada and British Columbia in August of 2021. Through this framework, all three governments committed to an incremental process for negotiating reconciliation agreements that addressed Haida priorities based on the recognition of Haida title and rights.

One of the first priorities set out in the framework is for the Haida Nation to have their governance and governing structures legally recognized by British Columbia and Canada.

This priority is seen in the creation of the Nang K’uula Nang K’úulaas Recognition Agreement. This jointly designed agreement was signed and celebrated in July 2023. It is the first tripartite reconciliation agreement to be reached under the Changing Tide Framework. The legislation then before us today is a commitment that flows from this first agreement.

Both British Columbia and Canada agreed to develop and introduce legislation required to implement sections of this agreement. British Columbia unanimously adopted Bill 18, the Haida Nation Recognition Act, in May of 2023. Canada’s Bill S-16 was introduced here in this chamber on February 8, 2024. It will fulfill Canada’s commitment to implement the recognition agreement.

Shortly after its introduction, it passed second reading and was referred to committee for further study. I want to recognize and thank Senator Martin for her thoughtful and meaningful contribution to the second reading debate.

The Standing Senate Committee on Indigenous Peoples undertook a study of the bill. Committee members heard testimony from Gaagwiis Jason Alsop, President of the Council of the Haida Nation, as well as the Honourable Minister of Crown-Indigenous Relations. Others were also invited to send written submissions. Committee members had an opportunity to learn more about who the Haida people are and how they’ve chosen to govern themselves through a system that weaves together traditional structures and democratic governance, including democratically elected representatives, hereditary chiefs and village councils.

We learned about Haida mechanisms for decision making, resolving conflict and gaining consensus as outlined in the Haida Constitution. Gaagwiis explained how the Haida Nation operates on a three-quarter majority threshold when voting on important decisions and that ongoing dialogue with Haida citizens is critical to achieving this. For example, following the negotiation of the Nang K’uula • Nang K’úulaas Recognition Agreement, the Haida Nation followed an approval process consisting of community consultations — including information sharing, recommendations garnered from the Haida Lands and Title Committee and Hereditary Chiefs Council — and final approval of the Council of the Haida Nation.

During the committee’s study, we also heard about the extensive work the Haida Nation has done with other governments — federal, provincial and municipal — as they enter into new agreements such as the Title Lands Agreement between the Haida Nation and British Columbia, signed on April 14, 2024.

While much has been done, there is much more work to come as both governments live up to their commitments. Honourable senators, the next step required from Canada is to pass this bill in order to support implementation of the Nang K’uula • Nang K’úulaas Recognition Agreement. In addition, collaboration with the Haida Nation in the development and implementation of this bill realizes Canada’s commitment to recognize the inherent rights of self-determination and self-government under the United Nations Declaration on the Rights of Indigenous Peoples Act.

On April 10, 2024, the committee referred Bill S-16 back to the Senate with no amendments, which leads us to today.

Honourable senators, the expeditious passage of Bill S-16 through committee is a reflection of the collaborative nature of the bill’s development. It is the product of decades of extensive efforts on the part of the Haida Nation and multiple agreements signed with British Columbia and Canada, all of which have laid the groundwork for this bill.

Although it has taken time to get to this point, it is now our turn to ensure this bill proceeds in a timely manner. The Haida Nation supports this bill. They are already exercising their own form of governance in accordance with the Haida Constitution. The province supports this bill. They have already passed the provincial Haida Nation Recognition Act in British Columbia.

Now it is time to confirm the federal government’s support of this bill. It will solidify recognition of the Haida Nation and the Council of the Haida Nation. It will support the Council of the Haida Nation in exercising its powers as a government. It will achieve objectives of the UN Declaration and those of the “Changing Tide” Framework for Reconciliation. It would also set the stage for future reconciliation agreements between the Haida Nation and the federal and provincial governments. This is the beginning of an ongoing and incremental process. As the Haida Nation decides on the next priorities to pursue, we must continue to work together based on a recognition of rights, respect and partnership.

In closing, recognition of Haida governance and self-determination outlined in this bill is long overdue, and it is an important step on our path to reconciliation.

Honourable senators, I go back now to the Haida concept of reconciliation as articulated by Haida people in their own language: Good “people working together to make it right.”

Good people, let’s work together to send this bill to the other place. Thank you for joining me in supporting this bill. Hiy hiy.

(On motion of Senator Plett, debate adjourned.)

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

Hon. Senators: Agreed.

(Motion agreed to.)

(At 8:16 p.m., pursuant to the order adopted by the Senate earlier this day, the Senate adjourned until Tuesday, April 30, 2024, at 2 p.m.)