44th Parl. 1st Sess.
March 22, 2024
- Bill C-38 is a proposed law that seeks to amend the Indian Act in Canada. The purpose of the bill is to address the challenge to certain provisions of the Indian Act under the Canadian Charter of Rights and Freedoms, specifically in the case of Nicholas v. Canada (Attorney General). The bill provides new entitlements to registration in the Indian Register for certain individuals, as well as the right to have their names entered in a Band List maintained by the Department of Indigenous Services. The bill also includes amendments regarding the definition of mentally incompetent Indians, provisions that apply to all band members, application for removal from the Indian Register, entitlements for individuals whose names were omitted or deleted from the Indian Register before September 4, 1951, powers of the Minister in relation to dependent persons, and additional membership rules for married women.
- Yea
- Nay
- add
- star_border
- share
Mr. Speaker, I do remember that in 2019 there was a bill called Bill S-3, which I thought was the government's answer to all of these problems. Is Bill C-38 not an admission on behalf of the government that it did not get Bill S-3 right?
50 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, on the topic of Bill C-38, the department estimates that around 3,500 individuals would be enfranchised. That ultimately means that any financial costs of integrating them would be put onto Indian bands.
Section 10 bands have the autonomy to determine membership. Therefore an individual would be able to obtain status from the Indian register after Bill C-38's passage. However, that leads to a question I have, which is whether this would complicate the section 10 process that has been well established. Does the member think that this needs to be studied further or that some amendments or some clarity from the government needs to be forthcoming?
112 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, today I stand before you to discuss a monumental step forward in our nation's journey toward reconciliation and justice for first nations communities. The proposed legislation, Bill C-38, seeks to amend the Indian Act in response to long-standing concerns voiced by first nations individuals and communities, as well as to address the residual discriminatory impacts highlighted by the Nicholas v. AGC litigation.
For too long, the Indian Act has been a source of division and inequality, its outdated provisions casting long shadows over the promise of equity and unity. Bill C-38 represents a pivotal moment in our collective history, a chance to right the wrongs of the past and lay the groundwork for a future where justice and equality are not just ideals but realities.
The proposed changes would be both comprehensive and transformative. First, the bill seeks to eliminate known sex-based membership inequalities from the act. This would be a critical step toward ensuring that all first nations individuals, regardless of gender, have equal rights and opportunities. By addressing these sex-based inequalities, we would not only uphold the principles of justice and fairness, but would also honour the resilience and dignity of those who have fought tirelessly for these changes.
Second, the legislation aims to address inequities caused by the practice of enfranchisement. This historical practice, which stripped first nations individuals of their status and rights, has left deep scars on communities. By rectifying these injustices, we would acknowledge the wrongs of the past and take a significant step toward healing and reconciliation.
Additionally, Bill C-38 would allow for deregistration from the Indian register. This change would recognize the autonomy and agency of first nations individuals, providing them with the freedom to define their own identities and affiliations. It would be a move toward self-determination, empowering individuals to make choices that reflect their personal beliefs and circumstances.
It is essential to emphasize the gravity of enfranchisement. The process unjustly stripped thousands of first nations individuals of their status, severing their ties to their communities and heritage. Although the practice was abolished 35 years ago, the shadows it cast are long and dark, with its harmful legacy still felt today. The scars left by enfranchisement are not merely historical footnotes; they are also lived realities for many, manifesting in lost connections, identities and rights.
In alignment with our commitment to reconciliation, and guided by the wisdom of first nations partners, our government is dedicated to confronting and eliminating these registration inequalities at a systemic level. Bill C-38 is not just a legislative measure; it is a testament to our resolve to address these injustices head on. By targeting these inequities, we are taking a stand against the vestiges of policies designed to assimilate and erase first nations identities.
Moreover, the bill's commitment to eradicating sex-based discrimination in the Indian Act would address a critical aspect of inequality that has persisted for far too long. These discriminatory practices, embedded in the act, have undermined the principle of equality and fairness. By confronting these injustices, Bill C-38 would be setting a precedent for the kind of nation we aspire to be, one where equality is not just a principle but also a practice.
Let us recognize that Bill C-38 represents a step forward in our journey towards reconciliation. It is a journey that requires our collective effort, commitment and compassion. As we move forward, let us do so with the understanding that true reconciliation involves acknowledging the past, rectifying injustices and working towards a future where the rights and dignity of all first nations peoples are respected and upheld.
Bill C-38 would commit to removing outdated and offensive language found in the Indian Act. Language shapes our perceptions and attitudes, and by eliminating derogatory terms, we foster a more respectful and inclusive dialogue. This change is not just about updating terminology; it is about reshaping the narrative and affirming the dignity of all first nations people.
In our journey toward progress and inclusivity, we encounter a significant obstacle: our legal code, a labyrinth of statutes, some of which date back a long time to a previous era. Among these laws are provisions that no longer reflect our current values, ethics and understanding. Even more concerning, some contain language that is offensive, discriminatory and wholly out of step with today’s standards of respect and equality.
The task before us is not merely administrative; it is morally imperative. To rectify the situation, we must undertake a comprehensive review of our legal system. The review should not only identify outdated and offensive provisions but also evaluate the relevance and applicability of laws in the contemporary context. The goal is not to erase history but to ensure that our legal framework is just, equitable and reflective of the society we aspire to be.
The process requires a collaborative effort involving legal experts, historians, ethicists and, importantly, the community at large. Public consultation would ensure that the process is transparent, inclusive and sensitive to the diverse needs and values of our society. Technology can aid in this endeavour, enabling more efficient review and broader engagement. Moreover, this effort presents an opportunity for educational outreach, helping the public understand the evolution of our legal system and the importance of laws that are just, inclusive and respectful. By engaging in this critical work, we affirm our commitment to democracy, justice and the dignity of all individuals.
The bill includes further required consequential amendments to ensure that the act would reflect the values of equality, respect and justice. These changes are not merely administrative; they are a testament to our commitment to addressing historical injustices and building a more equitable society.
Bill C-38 is more than simply legislation; it is a beacon of hope. It signifies a profound shift in our relationship with first nations communities, one rooted in respect, understanding, and partnership. As we move forward, let us do so with open hearts and minds, committed to the principles of reconciliation and equity.
Together we can build a future that honours the rich heritage and contributions of first nations peoples, ensuring that our nation's legacy is one of unity, justice, and mutual respect. The path to modernizing our legal system is both a challenge and an opportunity. It is an opportunity to reaffirm our values, to strengthen our democracy and to build a more inclusive society. Together let us embark on this journey with determination and hope.
1088 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, Bill C‑38 is very important for us.
I want to say that I am very happy to hear that the pertinent committee for this bill did the requisite work and put forward a number of recommendations. It is obviously fitting that we continue to do the work in line with the recommendations in UNDRIP. Obviously, how quickly we proceed in this process will determine the timeline.
On the recommendations that the committee has brought forward, I am sure, in the spirit of collaboration, that all of those recommendations were looked at by the pertinent individuals and parties who put forward this legislation.
106 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, Bill C-38, from my understanding, is going to receive support from all sides of the House. If I am incorrect, then I am sure it will be pointed out afterward. What is important is that we continue to consult and collaborate with first nations people, make sure that we understand their concerns and the areas where we can move forward judiciously and with diligence to continue the process of reconciliation because we know it is imperative for our government, any government and all peoples in this beautiful country, which we are blessed to call home.
98 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is a pleasure to speak today on this topic and to join my colleagues, the topic being Bill C-38. Again, I will be sharing my time with the hon. member for Sudbury, as I indicated earlier, and I will be providing important information about the Indian Act and about the amendments being proposed in Bill C-38.
My colleagues have described how these amendments were developed through engagement with first nations and indigenous partners who represent non-status first nations, which was central to the process. We could not do this without their collaboration and guidance. Now, I would like to share the potential impact of the amendments and some next steps in addressing the historical inequities of the registration and membership provisions of the Indian Act, and ultimately, a full transition away from the act to true self-determination and governance by first nations.
The amendments being proposed today are situated within a broader whole-of-government effort to advance indigenous rights to self-determination and to self-government.
Our government acknowledges that the Indian Act is an extension of our colonial history. These amendments would be an incremental step toward the development of an approach to first nations' citizenship that would be an alternative to the Indian Act. We have heard from many first nations individuals and indigenous partners who represent non-status first nations that we need to address a range of issues before a full transition of jurisdiction over citizenship to first nations can occur.
That is what we are working toward today by introducing amendments to address inequities in registration and membership under the Indian Act. What would the impact of these amendments be? Let me begin with the proposal to address the discrimination caused by a family history of enfranchisement. This bill would eliminate the differential treatment of those whose family histories include involuntary or voluntary enfranchisement, resulting in approximately 2,400 newly entitled individuals.
It would also reinstate individuals who collectively were enfranchised as a band prior to 1985, resulting in approximately an additional 1,100 newly entitled individuals. Descendants of enfranchised individuals would be entitled to registration and would be able to exercise their rights and access the associated benefits and services, which include education and non-insured health benefits.
These amendments would also recognize the acquired rights of all individuals to membership in their natal communities. The amendments would provide a legal mechanism enabling women to re-affiliate with their natal bands, if they wish. This would directly benefit those first nations women and their descendants whose membership in their natal bands was changed without their consent or their say. The result would be that first nations women who married first nations men from a different community, between 1876 and 1985, would have the choice to reconnect to their natal community.
The bill would also return autonomy to first nations by allowing them to deregister or to remove their name from the Indian register if they wish. Individuals would have the legal capacity to exercise agency over their status.
Finally, by eliminating outdated and offensive language about first nations persons with a disability, the amendments strive to align the language of the Indian Act with the last 50 years of development in capacity and guardianship law. The outdated and offensive language in the Indian Act is a lingering affront. Addressing culturally insensitive and offensive language would positively benefit first nations persons with disabilities, and their caregivers, by acknowledging their fundamental humanity and personhood, instead of relegating them as defective in some manner.
These amendments in Bill C-38 are considered necessary incremental changes with an aim to align the Indian Act with the United Nations Declaration on the Rights of Indigenous Peoples; although, clearly, much work remains. By amending the Indian Act to support the United Nations Declaration on the Rights of Indigenous Peoples, the amendments support the Truth and Reconciliation Commission's call to action 43, which calls upon federal, provincial, territorial and municipal governments to fully adopt and to implement the UN declaration as their framework for reconciliation.
The amendments also support the national action plan to address missing and murdered women, girls and 2SLGBTQQIA+ people by acknowledging and recognizing the rights of indigenous peoples. Of course, we know that the work is not complete. Reconciling the colonial legacy of Canada's relationship with first nations while constrained to the framework of the Indian Act is fundamentally challenging.
During this round of engagement, we have heard loud and clear that the second-generation cut-off issue continues to impact many individuals, and our next focus must be on this issue. An equal application of the second-generation cut-off has resulted in many grandchildren and great-grandchildren being denied status and membership to a first nations community. There are also remaining issues, such as the scrip taking and cross-border concerns.
Further conversations are needed with first nations partners to listen and learn about what future changes may encompass. To this end, starting in early 2024, we will begin engagement on these initial inequities, with a plan to introduce additional amendments once we have engaged broadly. Changing the Indian Act is a continuous iterative process. We unequivocally respect the need for engagement and input from first nations voices. Any future legislative changes will be the result of ongoing engagement and the codevelopment of solutions with first nations partners and other rights holders.
Under section 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act, the Government of Canada must, in consultation and co-operation with indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the declaration. The amendments being introduced today are considered requisite incremental changes that both increase the Indian Act's alignment with the declaration while also laying the groundwork for the Indian Act to be repealed in due course. The changes under discussion today are a necessary step to transition Canada out of the business of Indian registration and toward a future beyond the Indian Act.
By addressing historic wrongs in co-operation with first nations, we will continue to advance reconciliation and support a renewed relationship between Canada and indigenous peoples. We strive toward a relationship based on rights, respect, co-operation and partnership.
I encourage members in this most honourable House to join me in supporting Bill C-38 and the steps it proposes to begin to move away from the Indian Act.
1083 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, good morning to you and to everyone. I wish all hon. colleagues who are gathered here this morning a happy Friday. Welcome to the folks in the gallery as well.
First, I will be splitting my time with my friend, the hon. member for Sudbury, who I get to sit and work with on two committees in this wonderful House.
With that, I would like to begin speaking to Bill C-38, an act to amend the Indian Act—
Mr. Michael Cooper: Oh, oh!
87 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I certainly appreciate the member's intervention on this important debate on Bill C-38. Obviously, a number of inequities existed after various governments brought forward legislation. That has, unfortunately, hit upon many of the individuals that this legislation tries to target. I know this particular member has worked very hard with indigenous leaders, community members and individuals in her riding, and probably throughout her region.
Could she comment on some of the positive things she has seen and also remark on some of the other inequities she believes need to be addressed by a future government?
99 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I was two minutes into speaking to Bill C-38 when my time ended on October 20, 2023. I am delighted to carry on today and will begin by reflecting first on what I said five months ago as I preface my further comments.
I really did appreciate hearing the debate in the House that day. Once again it was apparent that we gain far more from listening to those impacted and finding common ground to bring about positive change where needed. There was true concern about the circumstances that indigenous peoples find themselves in as a result of hardships they have faced through abuse and the intergenerational impact of those abuses from the past. Part of the challenge, I believe, is that while indigenous communities are many and have much in common, they also come from different life experiences themselves, and the same realization exists within all people groups throughout the world and those that call Canada home.
Although the long-awaited piece of legislation before us would provide strides toward reconciliation and the reversal of discrimination and inequalities within the Indian Act, it is only a milestone in a long journey of self-determination for first nations across Canada.
First of all I will deal with a reprimand I received in this place from other members who chided me for saying “our” first nations and “our” indigenous peoples, implying that I was suggesting ownership as a statement of colonialism. It might be some people’s choice to define the use of the word “our” as a weapon used by some in an effort to further hurt and create division, but in my case, nothing could be farther from the truth. Divisive rhetoric causes wounds. In my conversation, the word “our” is recognition of the desire of our indigenous people to be shareholders, not stakeholders.
In the riding of Yorkton—Melville, diversity is not our strength; unity in the midst of our diversity is our strength. In just the past few weeks, I have participated in and enjoyed two Unity in the Community events hosted by the Métis Nation Saskatchewan and the local communities of Porcupine Plain and Hudson Bay, where Métis, first nation, Filipino, Ukrainian, Norwegian, Portuguese, African, and some I think I am forgetting, many different cultures, came together from those communities and packed the building for an entire day of great food, displays, history, clothing, dancing and singing that intentionally celebrated everyone who calls those communities and the surrounding area home. The relationship-building and reconciliation are intentional there.
Another example is the efforts of the Yorkton Tribal Council as an association of six first nations and the City of Yorkton, which are working together to invest in common goals. Then there is the coming together of the Cote First Nation with the Good Spirit School Division, Kamsack School and Isabella and her family, to model grace in reconciliation through the creation of Ribbon Skirt Day. These are fruitful changes that we create.
As we keep these moments in mind, here is a truncated history lesson about the timeline of 45 years of incremental changes that have gone by since the Indian Act was created and implemented in 1876. In 1982, the Canadian Constitution was patriated, and section 35 of the Constitution recognized and affirmed the aboriginal title and treaty rights. Section 37 of the Constitution was amended, obligating the federal and provincial governments to consult with indigenous peoples on outstanding issues, creating the duty to consult.
In 1985, Bill C-31's amendment to the Indian Act passed, and it addressed gender-based discrimination pertaining to status women who married a non-status man and involuntarily enfranchised and created categories of status Indian registration under subsections 6(1) and 6(2). Then in 2010, Bill C-3's amendments to the Indian Act addressed gender discrimination in section 6 of the act in response to McIvor v. Canada. Subsection 6(2) was amended, allowing women who regained status to pass down status to their grandchildren.
In 2017, Bill S-3, an amendment to the Indian Act, addressed further gender-based discrimination in the act. The lineage eligible for registration from a status woman who was enfranchised by marrying a non-Indian man was reinstated in 1985, but it is still shorter than the lineage of a status male who married a non-Indian woman. In 2019, continuation of the coming-into-force of Bill S-3 addressed the removal of the 1951 cut-off, where in order for an individual to pass down status, they must have had a child or adopted a child on or after September 4, 1951, and have a mother who lost entitlement due to a marriage to a non-Indian man.
I hope I am not losing my colleagues.
In 2020, the final report to Parliament on the review of Bill S-3 acknowledged residual inequities, including the impacts of a family history of enfranchisement or entitlement registration. Enter 2023 and the introduction of Bill C-38, which responds to a 2021 case where 16 individual plaintiffs launched a constitutional challenge seeking to end inequities and exclusion faced by families that were enfranchised under earlier versions of the Indian Act. An agreement was reached to put the litigation on hold while working to pursue the legislative solution.
Bill C-38 would amend four key issues in the Act. First, individuals with a family history of enfranchisement would be entitled to registration under the Indian Act and could pass on entitlement to descendants with the same degree as those without family history of enfranchisement. Second, individuals would be allowed to deregister from the Indian register if they chose to do so, via an application for removal, without the repercussions of enfranchisement. Third, an addition would be made to Section 11 of the Indian Act that would allow married women to return to their natal band if they obtained status and were registered to their spouse’s band before April 17, 1985, addressing natal band reaffiliation. Finally, outdated and offensive language when referring to “dependent persons” would be addressed and changed.
The amendment, with four parts, is estimated to provide eligibility for registration for approximately 3,500 individuals. The individuals who are eligible and choose to apply for registration would have access to the rights and benefits of registrants under the Indian Act. Unlike with enfranchisement, first nations individuals would have more control over their own identity and ultimately determine themselves which services and benefits they would like to access based on the group they wish to identify with. Once an individual has chosen to deregister, they would no longer have access to any programs, services, settlements and/or benefits associated with the Indian Act. That would be their choice.
While this amendment would be a positive stride towards reconciliation and the reversal of discrimination and inequalities within the Indian Act, it would be, as I said, but a milestone in a journey of self-determination for first nations across Canada. On October 20, 2023, I said that indigenous individuals who want to see a good future for themselves and their families do not want to be stakeholders in Canada; they want to be shareholders. I ended on that day, October 20, 2023, by saying that I look forward to that day with them. I had a lot of good response to that comment.
At that time, I had no idea that three and a half months later, an announcement would be made that provides a clear map to a better future laid out by first nations for first nations, for reconciliation, forgiveness and healing, and for our shared nation of Canada. On February 8, the hon. leader of Canada’s common-sense Conservatives committed to enabling first nations to take back control of their resource revenues from big-government gatekeepers in Ottawa. For hundreds of years, first nations have suffered under a broken system that takes power away from their communities and gives it to Ottawa. The Indian Act hands over all reserve land and money to the federal government. This means that first nations have to go through Ottawa to ask for their tax revenues collected from resource projects on their land.
This outdated system puts power in the hands of bureaucrats, politicians and lobbyists, not first nations. The direct result of this “Ottawa knows best” approach has been poverty, substandard infrastructure and housing, unsafe drinking water, and despair. Conservatives have listened to first nations, and we have announced support for an optional first nations resource charge that enables first nations to take back control of their resources and money. This is a first nations-led solution to a made-in-Ottawa problem.
First nations and the First Nations Tax Commission developed the plan. They brought it to Conservatives, and we accepted. This new optional model will simplify negotiations between resource companies and first nations. The FNRC will not preclude any community from continuing to use other existing arrangements, such as impact benefit agreements. The Conservative leader, in his conversation with them, said, “The First Nations Resource Charge cedes federal tax room so communities will no longer need to send all their revenues to Ottawa and then ask for it back. It will also make resource projects more attractive to First Nations so they are more likely to go ahead.” Then he said—
1588 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, that member knows very well that he is about to stand up this evening to remove $376 that will be landing in the bank accounts of all of his constituents on April 16. He is going to vote against that, and if we go a little further outside his riding into the great prairie areas of Saskatchewan, they will get a 20% rural top-up in addition to that $376, so we will be very steadfast in supporting the policies of the government today and every day.
Tomorrow we will resume second reading debate of Bill C-38 concerning new registration requirements. When we return, and indeed we will return following the constituency weeks, we will call Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands.
Tuesday, April 9, shall be an allotted day, and furthermore, as the Deputy Prime Minister and Minister of Finance announced earlier this month, the budget will be presented on Tuesday, April 16. Pursuant to Standing Order 83(2), I request the designation of an order of the day for the budget presentation at 4:00 p.m. that day.
198 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is an honour once again to rise and speak to Bill C-29.
This flawed bill was the government's attempt, over nine years in office, to address the Truth and Reconciliation Commission's calls to action 53 through 56. Indeed, since 2015, the Liberal government, for all its rhetoric on reconciliation, continues to ignore indigenous voices. It breaks promises and perpetuates the archaic, broken and paternalistic “Ottawa knows best” approach to indigenous issues.
We do not have to look very far to see this.
The Chiefs of Ontario, which represents more than 130 first nations in the province, filed for a judicial review because this Liberal coalition government refuses to listen to indigenous communities and axe the carbon tax. The first nations argue that the imposition of the price on carbon is leaving their communities worse off than others in Canada and breaching the principles of true reconciliation.
Abram Benedict, the Grand Chief for the Mohawk Council of Akwesasne said, “People feel that their rights are being violated.” The chiefs want the federal government to redevelop the policy with their communities by either exempting first nations people from the price on carbon or allowing them to recoup all the costs associated with the system.
Many first nations members cannot benefit from the rebates delivered under the pricing mechanism, because the payments are linked to income taxes, which are not collected from individuals working on reserves. The leadership also argues that the price on carbon places a burden on their constitutionally protected rights to hunt, harvest or fish on their traditional territory because of the added fuel costs for all-terrain vehicles, trucks, boats and snowmobiles.
Furthermore, with respect to the long-anticipated national loan guarantee program, the Liberal government has remained silent on the details. Indigenous leaders are very concerned that oil and gas will not be included, sidelining over $300 billion in projects over the next decade and $40 billion in LNG projects ready to go next year. Indigenous leaders are asking for details, but this government refuses to engage with them and give them the details they actually need to plan.
This is not reconciliation. This is alienation.
This leads me to Bill C-29, the national council for reconciliation act. Speaking previously, I made it clear that it was important to use a consensus-building approach to improve this piece of legislation. Bill C-29 deserved, in its formation, a responsible look at areas where it needed improvement.
At second reading I pointed out that Bill C-29's foundation was cracked and would need some care and attention at committee if the government hopes to provide a workable council that is respected by all leaders, all communities and all organizations across Canada. I wanted to make sure that all five indigenous national organizations were represented, not just the three that were in the original bill, notably the Native Women's Association of Canada, NWAC, and the Congress of Aboriginal Peoples, both of which were ignored.
My colleague, the member of Parliament for Desnethé—Missinippi—Churchill River, added that he wanted the following addressed: The transparency and independence in the selection process of the board of directors; words that were purposely vague to avoid accountability; the lack of any measurable outcomes; the fact that it took over four years to bring the bill to the House in the first place; and, of course, lastly, that the Prime Minister should be the one responding to the council's annual report, as was the direction in the call to action 56.
In 2015 the Prime Minister claimed that building a good relationship with indigenous peoples would be the government's top priority. I am not sure what the word “priority” means to the Liberal Prime Minister, but to me it does not mean tabling any indigenous-related legislation at the last possible minute. Bill C-38 was introduced December 14, 2022, the last sitting day of a House sitting session. Bill C-53 was introduced on June 21, 2023, the last day of a House sitting session. Bill C-29, of course, was introduced June 22, 2022, which was the last day of a session. I do not know about my colleagues, but the trend certainly does not scream “priority” to me. Indigenous people deserve more than a last-minute Liberal effort.
Need I say that, while the Prime Minister would love to take credit for being the first to advance reconciliation, it was actually the previous Conservative government that finally issued a formal apology on behalf of Canada to all indigenous people across the country? Actions speak louder than words, which is why I remind the House that 17 of the 19 amendments Conservatives put forward were passed at committee. It is the job of the official opposition to improve legislation where possible and to make it representative of all voices, and that is exactly what members on this side of the House did. Unfortunately, there was one amendment we proposed that was disproportionately voted down by the other parties, and that is what I would like to discuss for a few minutes.
One of the most glaring issues with Bill C-29 is the lack of representation on the national council for reconciliation. The bill sets aside three seats for the AFN, ITK and the MNC, three national organizations that the Liberal government deals with almost exclusively when it comes to indigenous issues across the country. It chose to ignore the other two major organizations, NWAC and CAP.
At committee, Conservatives got a motion passed to have both organizations recognized in the same manner as the AFN, ITK and the MNC, yet when the bill was reported back to the House, the Liberal-NDP coalition chose to deliberately vote against the will of its members on committee and remove the Congress of Aboriginal Peoples from the bill. The Liberal-NDP coalition chose to ignore the voices of large swaths of urban and poor people. CAP represents over 800,000 off-reserve indigenous voices, yet it has no voice when it comes to reconciliation. It has been alienated by the government and its supporters.
The Conservative senators in the other place tried hard to rectify this, but again the Prime Minister made sure his Liberal senators defeated that amendment. I often hear in meetings with indigenous leaders about the importance of economic reconciliation, not just to address their own issues with their own resources but also to return a sense of self-sufficiency and honour to a people who have had it stripped away by the paternalistic, archaic and irreparably broken Indian Act.
Conservatives also put forward an amendment to add a seat on the board of directors for someone from an indigenous organization that is focused on economic reconciliation. With many options available from a whole list of organizations that are all doing great work in this sphere, finding a well-established organization that has done historic work in creating economic opportunity for indigenous people would not have been a barrier. The lack of support for this amendment, it should be pointed out, came at the expense of not listening to multiple witnesses who clearly voiced their approval for the inclusion of an economic lens being a part of this board. To ignore these voices discredits the very process of reconciliation.
As the shadow minister for Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada, I hear regularly from indigenous groups and leaders across the country how important economic development and prosperity are to reconciliation. Having members with fiscal expertise on a commission directly focused on advancing reconciliation seems like a key component to ensuring an economic lens is at the forefront of their work.
Instead, obstruction comes from the Liberal-NDP coalition, which looks down upon Conservatives who encourage economic reconciliation. We need to establish an economic national dialogue with indigenous leadership and organizations to remove the bureaucratic barriers to economic prosperity that exist at Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada, with a goal of phasing out these government bureaucracies altogether.
Conservatives are moving in this direction, with the recent announcement of the grassroots, indigenous-led first nations resource charge. Common-sense Conservatives are ready to dismantle the “Ottawa knows best” archaic and paternalistic way of doing things. For hundreds of years, first nations have suffered under a broken colonial system that takes power away from their communities and places it in the hands of politicians in Ottawa.
The Indian Act hands over all reserve lands and money to the federal government. This means that first nations must go to Ottawa to ask for the tax revenues collected from resource projects on their lands. This outdated system puts power in the hands of bureaucrats, politicians and lobbyists, not first nations. The direct results of this “Ottawa knows best” approach have been poverty, substandard infrastructure and housing, and unsafe drinking water.
The first nations resource charge is a signal to indigenous peoples that the Conservatives recognize the need to correct the fiscal imbalance between indigenous and non-indigenous communities. This would ensure that they receive stable, annual fiscal benefits and to advance reconciliation by promoting first nations self-determination and economic development.
We tried to do this with Bill C-29 as well, yet the Liberals were not interested in hearing the voices of off-reserve indigenous peoples or even considering economic reconciliation on a national committee tasked with reconciliation.
Conservatives continue to observe Liberal and NDP MPs aggressively challenging indigenous leaders who appear as witnesses at the indigenous and northern affairs committee, advocating for economic reconciliation. Unfortunately, I find myself asking why. It seems there is an aversion to even having a discussion on economic reconciliation. This tells me that something does not add up.
What is it about indigenous peoples being the creators of their own destiny that Liberal MPs dislike? What is it about empowering the creation of healthy, strong and vibrant communities through prosperity that they do not like? What is it about using own-source revenue from true partnerships to solve long-standing social issues that they dislike? What is it about leaving behind the destructive grip of poverty to offer hope and opportunity to future generations that they dislike? Why will the Liberal government not listen to what indigenous people are trying to tell them? Sadly, the answer is that they are more concerned with political power and control.
By imposing their own views, rather than listening to indigenous voices, they create the same environment that indigenous peoples have lived under for far too long in this country. One group's world views and political opinions are forced upon another group.
This past week, on many different occasions, I heard the Minister of Indigenous Services claim that her department is focused on co-development with first nations. The Prime Minister even stood in this House and used the term “co-develop” as well.
This sounds like another Liberal buzzword used to create the illusion of equal partnership between indigenous leaders and Canada. In fact, in response to the use of the term, first nations leaders have pushed back and said that they are not sure who the Liberal government is co-developing with, because it is sure not them.
We heard from the national chief, Chief Elmer St. Pierre, of the Congress of Aboriginal Peoples that “Reconciliation must start with inclusion”. He added, “Despite the existence of five National Indigenous Organizations, the Liberal Government seems to be engaging in partisan politics by excluding CAP and the voices of urban Indigenous peoples.”
“The government's attempt to divide and conquer by selectively recognizing certain indigenous groups is deeply concerning,” stated Kim Beaudin, CAP national vice-chief. He went on: “Reconciliation cannot be confined to reserves alone, as the majority of Indigenous peoples now reside in urban and rural areas, demanding their voices to be heard.”
What an embarrassing indictment of the Liberal government this is. To make matters worse, one of the three original council members, the ITK, an organization that represents Inuit peoples, has withdrawn its support of Bill C-29. The ITK's president, Natan Obed, fears that the reconciliation body created by the bill could undermine ongoing Inuit work to build a direct relationship with the federal government and advance Inuit rights and interests. He says that the bill, as it stands, also does little to make the federal government accountable for fulfilling its obligations on reconciliation.
On this issue of “co-development”, which the Liberals insist is how they do business, President Obed said: “It has been debatable on the Inuit side on whether or not we would describe how we've interacted with the federal government as co-developed.... These terms are largely subjective and we wanted to make them more clear.”
Chief St. Pierre was much less forgiving, saying, “This extraordinary move by the Liberals is a slap in the face to thousands of survivors who live off-reserve.... For seven years now, the Liberals have trumpeted the importance of reconciliation, but this exclusion reveals their true colours.”
It is time to fundamentally change the approach. Much of my work on this file was shared by my colleague, the member for Desnethé—Missinippi—Churchill River. In fact, it was that member who shepherded Bill C-29 through the House, and I wanted to take a moment to thank him for his work on this file.
Out of respect for his work, I would like to share a story from his riding, which really highlights the changes that are already happening on the ground in northern Saskatchewan. Having spent time with Pelican Lake First Nation's Chief Peter Bill, RCMP and two of Pelican Lake's own community safety officers, the member asked how the newly established community safety officer program was going. Chief Bill replied that the community now has six full-time employees and its own fully equipped vehicles, and it is in the process of training more officers. The RCMP also explained how helpful the program had been in the overall safety of the community.
How did Pelican Lake First Nation pay for this community service officer program? In fact, it was their own-source revenue, which was generated from their forestry business. They invested the profits to assist the overall health of the community, instead of waiting around for years while the government and the bureaucrats plan; meet; make frameworks, charts and graphs; do benefit assessments and feasibility studies; or use the signing of MOUs for photo ops.
Later that day, the member for Desnethé—Missinippi—Churchill River was at Flying Dust First Nation to participate in a walk of solidarity with residential school survivors. On that walk, he saw the hockey rink that was built a few years ago and, beside it, the newly built 6,000-square-foot sporting goods store and facility called Snipe and Celly. If one looks in the other direction, one finds the new Petro-Canada gas station located right on the highway. For the member, it was a stark reminder of what the MLTC Cree vice-chief, Richard Derocher, had mentioned to him earlier that day, when he spoke positively on reconciliation. He shared that his wish was that, one day, when people were either visiting or driving through the area, they would not be able to recognize when they were leaving Flying Dust First Nation and entering Meadow Lake.
Generating prosperity through economic development works. It is a shame that this was not recognized by the government. The existing model of federal public servants determining who is and who is not ready for self-governance needs to change. Reconciliation must be centred on the future of indigenous peoples, not what is in the best interest of the Liberal government. By modernizing our approach to indigenous partnerships, we will modernize Canada and usher in a new age of economic prosperity and equality of opportunity.
Conservatives promote and believe in economic reconciliation. It is the solution to eradicating poverty and, with it, the social ills that poverty creates. With control put back in their hands, indigenous peoples can begin to manage prosperity instead of poverty and take concrete steps toward healing through self-determination.
Conservatives support off-reserve and non-status indigenous peoples. Unlike the Liberals and the NDP, we have demonstrated this publicly with our support of the Congress of Aboriginal Peoples' inclusion on the national council for reconciliation. The Liberals and their NDP coalition partners effectively silenced the voices of the 800,000 off-reserve and non-status indigenous peoples when they voted against amendments that would have included CAP on the council. Let the record show that it was the Liberal, NDP and Bloc members who stood against the addition of economic reconciliation to the national council, while Conservatives recognized the importance of consultation and of hearing from as many diverse indigenous voices as possible.
To conclude, I am proud of the work our Conservative team did in making Bill C-29 a better version than what originally came to the House.
2896 words
- Hear!
- Rabble!
- add
- star_border
- share
Uqaqtittiji, I am privileged to represent Nunavut in the House. I am sorry I missed the Minister of Indigenous Services's speech as I was in committee. Our committee was concluding the study of the Métis self-government bill. I am glad I am able to at least find out what her statements were and to respond to them later.
I appreciate that before July 1, 1867, Inuit, first nations and, later, the Métis, governed these lands. Before Canada, they had laws regarding wildlife, marine and terrestrial environments, ecosystems and relationships with each other. Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands is a particularly important one to remind us of the existence of indigenous peoples before colonialism. Before colonialism, indigenous peoples protected water and the land, and they used the environment for sustenance, acknowledging the limits. Therefore, protecting and preventing future damage was at the core of being sustained by the environment, especially water.
I take this opportunity to remind Canadians that Canada’s colonial efforts to “remove the Indian from the child” remain active. There are more indigenous children in foster care than there were in residential schools. There are more indigenous people who are homeless, in overcrowded housing situations or living in substandard housing. First nations, Métis and Inuit have the largest infrastructure gap. Indeed, the NDP found that the first nations infrastructure gap is at $350 billion. The Liberal government made cuts to MMIWG funding.
Therefore, when this bill was introduced, I put on my oppressed lens and sought where it could be familiar to me. I found familiarity in asking these questions: Why, in this legislation, are human rights and treaty rights not on par with what other Canadians have as rights? Why does the bill not align with international human rights laws regarding water? Why does the bill provide only a guide regarding the United Nations Declaration on the Rights of Indigenous Peoples?
Before I go deeper into this analysis, I want to share what is included in Bill C-61 according to the Government of Canada website. The key elements of the bill include the recognition and affirmation of the inherent right of first nations to self-government, including jurisdiction over water, source water, drinking water, waste water and related infrastructure on, in and under first nation lands; rights-based regulatory pathways to protect water and source water adjacent to first nation lands, in consultation and co-operation with first nations, other federal ministers, and provinces and territories, to help protect drinking water sources flowing onto first nation lands; and minimum national standards for the delivery of drinking water and waste water services on first nation lands, based on first nations choice.
Other key elements include a federal commitment to make best efforts to provide adequate and sustainable funding for water services on first nation lands comparable to services received in non-first nations communities; a requirement to provide funding that, as a minimum, meets the commitment expenditures set out in section 9.02(2) of the settlement agreement; a requirement for all decisions made under the proposed act to be guided by the principle of free, prior and informed consent; and a commitment for Canada to support the creation of a first nations water commission that would support first nations in exercising greater control over drinking water and waste water services on first nation lands.
To go back to my analysis of the continued lack of commitments toward first nations, as well as the impacts this continues to have on indigenous peoples, unfortunately, Bill C-61 falls short on respecting human and indigenous rights. According to an analysis by JFK Law:
Overall, Bill C-61 provides First Nations with a strong foundation to assert control over their water resources and jurisdiction over water occurring on First Nations land. However, the legislation fails to expressly recognize a human right to drinking water or a guarantee for substantive equality for access to water services on and off First Nations lands. Critically, the legislation fails to include provisions for effective source water protection, which is necessary to ensure First Nations have enough clean water flowing onto their lands and territories to meet their needs.
The Federation of Sovereign Indigenous Nations stated, “the first public draft released by Canada in February was developed in secret by Indigenous Services Canada without any direct input from First Nations, a fact that has been raised by the Assembly of First Nations and several regional First Nations organizations over the course of 2023”. Other first nations, such as those represented by treaties 6, 7 and 8 and Neskantaga said early on that they had been kept in the dark about the legislation and did not see it before it was tabled.
I note that, in addition to another bill tabled by the Liberal government, Bill C-38, an act to amend the Indian Act on new registration requirements, Bill C-61 has been introduced on the basis of a court case. In November 2019, legal action was initiated against Canada on behalf of all members of first nations and members resident on reserves that had a drinking water advisory for at least one year since 1995. Terms of the settlement agreement were previously announced on July 30, 2021. While they have been mentioned by others in this House, I repeat that they include the following: $1.5 billion in compensation for individuals deprived of clean drinking water; the creation of a $400 million first nations economic and cultural restoration fund; a renewed commitment to Canada's action plan for the lifting of all long-term drinking water advisories; the creation of a first nations advisory committee on safe drinking water; support for first nations to develop their own safe drinking water bylaws and initiatives; a commitment of at least $6 billion to support reliable access to safe drinking water on reserves; and the planned modernization of Canada's first nations drinking water legislation.
We have heard that Bill C-61 was co-developed with first nations. While I appreciate the effort by the Minister of Indigenous Services, I know that more could have been done. The Assembly of First Nations is an important national first nations organization. However, it does not represent all first nations. There are indigenous nations in Canada that are not represented by AFN. During committee, we will need to ensure that as many first nations as wish to be heard, are heard. As parliamentarians, we must incorporate indigenous ways of working together. We must ensure that first nations people who feel ignored are afforded the opportunity to speak to this bill. In this way, we can make sure that Bill C-61 is improved and truly co-developed.
In 2018, the Assembly of First Nations held an engagement regarding safe drinking water. The concerns shared at the time included a lack of adequate, predictable and sustainable funding; a lack of recognition of indigenous rights; potential infringement of indigenous and treaty rights; a lack of protection of source water; and insufficient engagement on water issues that directly affect first nations. When Bill C-61 goes to committee, it must seek to answer all these concerns.
Bill C-61 requires scrutiny to make sure that inherent treaty rights and human rights obligations are met. As a G7 country, Canada must show that it treats the original inhabitants with the utmost respect.
We have generations of first nations that have grown up without access to tap water. They probably think it is normal to drink bottled water. We have first nations who probably think that it is normal to boil water before it is safe to drink. It is 2024, and we must ensure that first nations do not continue to think it is okay to have to do this in order to drink water.
Bill C-61 requires a lot of work. I hope that we, as parliamentarians, do this work with the lens that first nations have inherent treaty rights and human rights and that we must all do what we can to ensure that their rights are respected.
1375 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I really have appreciated hearing the debate in the House today. It draws our attention to the fact that this is a very complicated issue that we really need, in the House, to listen to far more than to debate amongst ourselves. I thank the last member for her speech on her concerns about the circumstances that our first nations and our indigenous peoples find themselves in.
Part of the challenge, I do believe, is that indigenous communities are multiple and they come from very different perspectives themselves. I have had conversations with young leaders in the indigenous community who say that their circumstances are so complicated. In their minds, it will take time. What they want to see is something that is really important. I will focus on just this one point and get into the bill more at the next opportunity I have to speak.
The bill would provide strides toward reconciliation and the reversal of discrimination and inequalities within the Indian Act, but it is only a milestone in a long journey of self-determination for first nations across Canada.. What I hear more than anything, over and over again, from indigenous individuals who want to see a good future for themselves and their families is that they do not want to be stakeholders in Canada. They want to be shareholders. I look forward to that day with them.
234 words
- Hear!
- Rabble!
- add
- star_border
- share
Uqaqtittiji, when oppressed people have been led to poverty and have been suppressed for generations, the options they have become fewer.
The industry and the mining companies provide an option that looks attractive because governments are failing indigenous peoples. When indigenous peoples are saying they support it, it is because it is the only option left. I thank the Wet'suwet'en who continue to fight against the LNG project.
70 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, as a Métis, an indigenous Canadian, I am happy and pleased to see this bill coming in. It has taken a long time.
However, I am concerned about the NDP-Liberals and how they have worked against indigenous people in many respects, such as with natural resources projects. There have been projects, such as northern gateway, that were approved and wanted by indigenous peoples. Why are the NDP and the Liberals working against indigenous peoples?
79 words
- Hear!
- Rabble!
- add
- star_border
- share
Uqaqtittiji, solidarity is so important, and in a party system, it is very hard to see solidarity. I do feel the sense of solidarity the member has shared with me, and I think we all need to talk about solidarity more often when it comes to discussing indigenous people's rights.
I started off my conversation about intergenerational love and how we lived with it since time immemorial. Since 1867, all the successive governments stripped us of our intergenerational love. We have shown that, through our strength and our willingness to understand that our culture is too important, it is for us to manage the wildlife and the environment. We are the right people to be the leaders in Canada.
120 words
- Hear!
- Rabble!
- add
- star_border
- share
Unfortunately, I must interrupt the hon. member for Saanich—Gulf Islands. I need to allow time for the answer.
The hon. member for Nunavut.
25 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I must say, at this great distance, that I speak to you acknowledging that I am on the territory of the W̱SÁNEĆ peoples, who held this land on the southern Vancouver Island and the islands I represent, whom I have the honour to work with. I try constantly to remember that I am in a nation-to-nation relationship with five different first nations that are on this territory. Although, as the chiefs will always remind me, they are Indian Act nations and, in reality, we are villages within a much-larger nation of the W̱SÁNEĆ nation.
I am deeply honoured to share a working place with the member of Parliament for Nunavut, and I appreciate her voice and leadership more than she knows. I was so disappointed when I read Bill C-38. She confirmed for me my sense that this is so much less than what one should expect at this point.
I was the first member of Parliament, as far as I know, a number of years ago, to call for the repeal of the Indian Act in the House of Commons. I turned to my colleague at the time, Romeo Saganash, to tell him I was about to call for the repeal of the Indian Act. I asked him if he thought that was okay, because I had not consulted with a lot of first nations before I did that. He said that nobody asked them before they passed the legislation, so he thought it was okay.
We have a long road to go. It is not a slow road, and yet the steps being taken by the government are slow and often completely contradictory in terms of reconciliation.
I wanted to express my deep support and gratitude to the member and let her know that, where I can, I will do what she recommends on Bill C-38. It obviously needs—
329 words
- Hear!
- Rabble!
- add
- star_border
- share
Uqaqtittiji, being Inuk, I have grown up in a colonial system, and people do not understand that a lot of the time. All I have to say to better describe it is that my dad committed suicide. I was raised in the foster care system. I have too many families that I have to thank for helping raise me to be who I am.
The unfortunate truth about my story is that it is a common story of indigenous peoples. What I just shared is common to so many first nations, Métis and Inuit. With the ignorance we experienced from regular, mainstream Canadians, we had to start using terms such as “systemic racism” and “genocidal policies”. The terms help explain what the impacts are of these discriminatory policies, discriminatory lies and administrative tactics to not only steal our lands but continue to steal our time and oppress us.
I am so thankful to indigenous peoples who keep our culture alive and who keep our languages alive.
172 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I thank my colleague for the wisdom and knowledge she has brought to the House on this issue.
Successive Liberal and Conservative governments have failed indigenous, Inuit and Métis people with their incremental approach to reconciliation. In fact, I still remember that the Conservatives under the Harper government said that the missing and murdered indigenous women and girls issue is an Indian issue. Here we are today with this bill, yet another bill with an incremental approach.
Can the member advise the House on what generational damages she sees for the people, the women and families on the ground as a result of Canada's colonial and incremental approach to ensuring indigenous rights are respected.
119 words
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
