Hon. Senators: Agreed.

Senator Cuzner: Would the honourable senator take a question?

Hon. Julie Miville-Dechêne: Senator Bellemare, would you agree to answer a question?

The Hon. the Speaker: There are two senators who want to ask questions. Would you like to have more time since your time is up?

Hon. Brent Cotter: Honourable senators, I rise to speak to Bill S-16. This bill is not merely a legislative formality for the Haida Nation but a profound commitment to the principles of justice, recognition and self-governance. It continues a pivotal shift of our nation’s approach to Indigenous rights and sets a precedent for similar initiatives across Canada.

The introduction of Bill S-16 is rooted in a comprehensive effort to reconcile past injustices faced by the Haida Nation and other Indigenous peoples. This bill arises from the foundational Nang K’uula • Nang K’úulaas Recognition Agreement and is an integral component of the broader “Changing Tide” Framework for Reconciliation worked on for many years by the governments of British Columbia, Canada and the Haida Nation.

These frameworks are designed to not only acknowledge the sovereignty and traditional governance of the Haida people but to integrate these elements into the legal fabric of Canadian society.

I would like to speak briefly to three aspects of what we are doing this week.

First, I will speak about the legal framework and detailed provisions of Bill S-16. These focus on the governing powers and legal status of Bill S-16, based in section 4 of the act, which stipulates that “. . . the Haida Nation exercises its governing powers —” in accordance with its Constitution “— through the Council of the Haida Nation.” This is the recognition dimension of the bill.

Currently, the Council of the Haida Nation’s legal status exists through its registration under the Societies Act of British Columbia, along with the British Columbia Society for the Prevention of Cruelty to Animals and, I presume, the Knights of Columbus and so on. It could be called an unusual way to legalize a government if it weren’t so insulting.

This legislative initiative is critical, as it rectifies these historical oversights and formally recognizes the inherent governance rights held by the Haida Nation. This acknowledgement of these rights in Canadian law is overdue and essential for true reconciliation — forming a relationship based on respect, sovereignty and equality.

Specifically, this provision ensures that the governance conducted by the council aligns with the established and in-place constitutional framework of the Haida Nation, providing a solid legal foundation for its operations. Building on this foundation, section 5 recognizes the Council of the Haida Nation as an entity akin to a natural person, not just a recipient of rights and powers that are somehow delegated to it by some other government. This recognition is pivotal as it grants the council the legal capacities necessary for effective governance, such as entering into contracts, acquiring property, managing assets and initiating legal proceedings under Canadian law.

Second, the legislation establishes through these recognition agreements the potential for future jurisdictional negotiations. Indeed, this is one of the main purposes of the recognition act going forward. The enactment of Bill S-16, the Haida Nation recognition act, significantly enhances the Haida Nation’s capacity to negotiate over key sectors that are vital to their community and environmental sustainability. This will occur through negotiation between Canada, British Columbia and the Council of the Haida Nation, rather than the alternative: litigation.

Categories of potential negotiations could include, first, natural resources management. The Haida Nation will have the opportunity to assert greater control over the extraction and management of natural resources within their beautiful territories. This could include negotiating terms for mining activities, forestry operations and the sustainable harvesting of marine resources. These are central to the traditional way of life and economic sustainability of the Haida people.

With the legal backing to enter into contracts and agreements, the Haida Nation can ensure these natural resource projects are conducted in ways that are respectful of their environmental standards and cultural significance. Which leads to the next topic of potential negotiation: cultural heritage protection.

The legislation provides a framework for the Haida Nation to actively manage and protect their cultural heritage. This can involve negotiating for the return of culturally significant artifacts, establishing museums or cultural centres and managing historical sites. Beyond preservation, the Haida Nation could develop cultural tourism, creating educational programs and experiences that share their history and culture with a wider audience, thus generating revenue while also controlling the narrative and integrity of their cultural exposure.

Senator Busson described both the emotional experience of visiting the Haida Nation recently and the powerful significance and need for the preservation of Haida culture.

With respect to economic development and investment, Bill S-16 allows the Haida Nation to initiate and participate in economic development projects directly. This could include the development of Indigenous-owned businesses, partnerships with external investors and the creation of joint ventures which align with the nation’s economic goals. The ability to engage directly in the commercial market provides a platform for economic self-sufficiency and the potential to create jobs and business opportunities within the community and in accordance with the community’s values.

Another topic is education and social services. With recognized governance capabilities, the Haida Nation might negotiate jurisdiction over educational and social service provisions to their people. This is common in a number of other negotiated agreements across the country. This could lead to the development of education systems that incorporate Haida language, culture and history and tailor educational content to better reflect and serve the community’s needs. Similarly, in social services, programs can be uniquely designed to address the specific challenges and circumstances of the Haida community, from health care to housing and so on.

I turn lastly to my third point and some broader implications for other First Nations. As with the bill we passed last June in relation to the Whitecap Dakota First Nation, the successful implementation of Bill S-16 will set a precedent for First Nations across Canada in similar circumstances to the Haida Nation who seek similar recognition and negotiation powers. It illustrates a clear pathway toward enhanced autonomy and can serve as a model for others in their negotiations with federal and provincial governments.

In conclusion, Bill S-16, the Haida Nation recognition act, represents a significant step forward in a commitment to the rights and governance of the Haida Nation. By endorsing this bill, the dedication to a partnership that respects the sovereignty and dignity of the Haida people is affirmed, setting a standard for how Canada engages with Indigenous nations and fostering a future that embraces equality, respect and mutual benefit.

This bill is not merely a resolution but a pivotal advancement in a much larger journey toward full reconciliation and robust partnership. The legislation provides a framework through which the Haida Nation can exercise significant control of its natural resources, cultural heritage and economic and social development. It marks an essential progression in acknowledging and institutionalizing the inherent governance rights of the Haida Nation. It is a real step on the road to reconciliation, and I urge all senators to support it. Thank you.

Some Hon. Senators: Hear, hear.

The Hon. the Speaker pro tempore: Resuming debate. Senator Coyle.

Hon. Mary Coyle: Honourable senators, I rise today on the traditional and unceded territory of the Anishinaabe Algonquin Nation to speak to you on Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation.

Colleagues, today is a day to celebrate this historic and hard-won accomplishment of the Haida Nation, one that has been 50 years in the making. It is a moment to congratulate the Haida people on their steadfast leadership and perseverance, and it is time for us to learn about and understand the historic and present-day role of the Government of Canada — our government — in this history, this process and now this positive outcome.

Colleagues, this bill is about the Haida people and their ways, territories, governance, future well-being and relationship with Canada — and frankly, the well-being of our nation.

Colleagues, last week, our Indigenous Peoples Committee heard from Gaagwiis, Jason Alsop, the elected President of the Haida Nation, who spoke strongly in support of Bill S-16. This was important to hear from him. He described the bill as a “. . . co-developed piece of legislation . . .” and said it is “. . . an important part of the journey of reconciliation between the Haida Nation and Canada. . . .” He told us that Haida language speakers came up with an articulation of the concept of reconciliation in their own language — and apologies for my pronunciation —

[Editor’s Note: Senator Coyle spoke in Haida.]

Colleagues, that means “good people working together to make things right.”

What are those things we are “working together” on to “make things right”? President Gaagwiis spoke to us about the troubled history between Canada and the Haida Nation. The first written record of this history is from when the royal commission came to Haida Gwaii in 1913 with the intention of speaking to Haida leaders about reserves and reserve boundaries. The position of the Haida Nation then is identical to its position today: The Haida Nation had never ceded, surrendered, signed a treaty or been defeated in a war, and all of Haida Gwaii is Haida territory. President Gaagwiis reminded us:

Canadian law and policy have been designed to assimilate Indigenous people, disconnect us from our culture, our history, our territories and from each other and have done great harm to our people, our lands, waters and territories over the years. Canada had made it illegal to exercise our traditional governance and legal systems through the banning of the potlatch system.

The cultural genocide of the residential school system was designed to silence our language, disrupt our culture and values and break up our family structures. . . .

As a further example of the problematic history, President Gaagwiis told us:

With Crown laws and the way that things are set up . . . . If you come to Haida Gwaii and look at the billions of dollars in timber value that has been taken out of Haida Gwaii —

 — all the trees harvested and shipped down south —

 — you’ll see no infrastructure, no swimming pools and no recreation centres. There’s really little to nothing to show for all the people of Haida Gwaii of what’s left from all that has been extracted.

Colleagues, there are many aspects of the relationship between Canada and the Haida that need to be made right, but these two key aspects — first, the recognition of Haida governance and laws; and, second, very critically, title to their territory — are the foundational aspects of the right relationship that is the ultimate goal of this process of reconciliation. Bill S-16 is foundational in this reconciliation.

As the bill’s sponsor, Senator Margo Greenwood, told us in her second- and third-reading speeches, this bill will do two important things. First, 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.

What does that governance look like? President Gaagwiis told our committee in his testimony that 50 years ago — that’s a long time to wait:

In response to this oppression of Canada and the Crown in an act of self-determination, the Haida people formed the Council of the Haida Nation . . . to assert our full Haida title to all Haida territories and to uphold our inherent responsibility to look after Haida Gwaii — the land and the water.

In 2003, the Haida Nation formally ratified the Constitution of the Haida Nation. That constitution recognizes all people of Haida ancestry as citizens. It affirms that the governing power of Haida Nation shall be vested in the Council of the Haida Nation. It establishes the Hereditary Chiefs Council. It recognizes the Haida Nation as a matrilineal society, the prominent role the hereditary matriarchs hold and the formal role of the hereditary matriarchs in the governing body through the —

[Editor’s Note: Senator Coyle spoke in Haida.]

 — citizenship table. It articulates the role of village councils to perform the functions of local government and to assume responsibility for the well-being of the communities, and it establishes a house of assembly as the law-making authority. All bodies of the Haida Nation operate on a 75% majority.

All of that has been in place for some time, and President Gaagwiis told our committee that Bill S-16 would not change it:

That’s internal, inherent Haida Nation business, but this bill and the coming work can help to solidify the environment in which we work through applying those laws to the land base and, to be honest, the relationship between the Haida Nation, the Council of the Haida Nation and Canada in the resources for supporting the continued evolution of our self-governance . . . .

That’s what this is about.

Colleagues, this land base, Haida Gwaii, that President Gaagwiis identifies as so key to this whole equation is, as you know, one of the most beautiful and unique places on this earth — one that I and many of us dream of visiting. Senator Greenwood described these 200 islands located 100 kilometres west of the northern coast of British Columbia. Haida Gwaii, which means “the islands of the people,” is the homeland of the Haida people. The origin story tells of the raven creating the islands of Haida Gwaii out of the water and coaxing the Haida out of the clam shell to join the raven on the beautiful new land.

There are the sacred lands of Haida artist Bill Reid and the land that captivated artist Emily Carr. President Gaagwiis stated:

The land — a fundamental piece for us in our mandate and responsibilities is really first and foremost to look after the culture, look after the land, all the beings and that will all look after us. It’s kind of sometimes a bit maybe flipped from other ways of looking at things where it’s more individualistic or people-centred. . . .

Colleagues, remember that 50 years ago, when the Haida established the Council of the Haida Nation, that body was charged with upholding their inherent responsibility to look after Haida Gwaii — their lands and waters. I can’t even imagine the frustration they must have felt all these years, knowing they have that responsibility to the lands and waters of Haida Gwaii without being fully able to exercise that responsibility.

On this journey of reconciliation, working to make things right, the Haida Nation has been hard at work. The other key players on this journey are the Government of Canada and the Government of British Columbia. Earlier this month, the B.C. government signed a pact with the Council of the Haida Nation, formally accepting that the Haida Nation has Aboriginal title to all 1 million hectares of the islands of Haida Gwaii. At the ceremony, Council of the Haida Nation President Gaagwiis said:

Now we can look into the long future and prepare for the challenges we may face in the coming years, when it comes to climate change. We’ll be governing with our people on the forefront, because they’ll take the lead on everything that happens in our home.

This agreement with B.C. is critical, as is Bill S-16 — another important step toward full recognition, resolution and reconciliation.

Colleagues, it is important to look at the next steps, and the next steps for Canada in this journey are to pass Bill S-16 and get it to the other place for swift passage. This governance recognition legislation lays the foundation for the next critical elements. Minister Anandasangaree said at committee:

Self-governance helps our federalism evolve, strengthening it so that it is based on fairness and equality rather than on paternalism.

Next and most critical to the Haida is the matter of land title. The minister admitted to being behind on this, as there are a number of very complex issues that they are working through: the parks system, the Department of National Defence lands and the lands associated with Transport Canada, among others. This issue of land title will be critical for us to monitor closely. It is the linchpin to full reconciliation and justice, so it cannot be allowed to slow down.

Other areas to be resolved are related to taxation — to come soon — fisheries and legal systems.

Honourable senators, as I bring my remarks to a close, I remember that two weeks ago many of us experienced the thrill and honour of meeting one of my lifelong heroes, the renowned primatologist, anthropologist and conservationist Dr. Jane Goodall here at the Senate. Dr. Goodall spoke to us with such wisdom and compelling simplicity. She is known for saying the following: “What you do makes a difference, and you have to decide what kind of difference you want to make.”

Honourable colleagues, as we look to how each of us as senators and collectively as Canada’s upper chamber can make a difference, passing Bill S-16, the Haida Nation recognition act, is just such an opportunity to take one more step toward reconciliation and fulfilling our obligations under the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP. This is our chance to play our role in what the Haida call

[Editor’s Note: Senator Coyle spoke in Haida.]

 — or “good people working together to make things right.”

Honourable colleagues, let’s take this historic step in making things right between Canada and the Haida people. Wela’lioq, thank you.

The Hon. the Speaker pro tempore: Yes.