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

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

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

Hon. Senators: Question.

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

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise to speak at third reading of Bill C-51, An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts.

First, I want to send my best wishes and hopes for a speedy recovery to Chief Darcy Bear, who suffered a medical emergency at committee last night. I was encouraged to hear that Chief Bear, though hospitalized overnight, seems to be doing well.

It was a frightening moment for all concerned, I’m sure, and a reminder to all of us that life is delicate and time is precious. It also pleases me to know that the committee kept its wits last night and finished the necessary work on Bill C-51, a landmark piece of legislation that is long overdue and that Chief Bear has been so instrumental in bringing to fruition.

As he said in his opening remarks last night, “it has been a long journey,” and indeed it has, tracing in many ways all the way back to the War of 1812, more than two centuries ago.

As I mentioned the other night and as Minister Miller acknowledged in his remarks to the committee, the specific process leading to the treaty and this bill began in 2009 under the Harper government. Minister Miller, echoing the words of Chief Bear, said that too has been a long process, but to their credit the Whitecap Dakota First Nation used that time to work steadily and relentlessly toward this moment.

As Chief Bear said:

. . . as far as self-government goes, Whitecap First Nation has been, over time, had our own election code, our own First Nation land management code and our own membership code. We eliminated about 35% of the Indian Act already.

That was before the self-government treaty that this bill will bring into law, a law that will add a very important element that has long been missing and is long overdue.

Again, I can do no better than to quote Chief Bear:

. . . when we looked at changing it to a self-government treaty, that was when we talked about the acknowledgment of the Whitecap Dakota people as Aboriginal peoples of Canada.

Honourable senators, I am sure you have heard me and other senators complain in the past that this government too often expects us to rush bills through. Bill C-51 is a bill that we only got this week, but we cannot ignore that it has been two centuries in the making and we cannot ignore that with this bill we are righting an historic wrong, and in doing so we have the chance to make history. Thank you.

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise to speak at third reading of Bill C-51, An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation/Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts.

First, I want to send my best wishes and hopes for a speedy recovery to Chief Darcy Bear, who suffered a medical emergency at committee last night. I was encouraged to hear that Chief Bear, though hospitalized overnight, seems to be doing well.

It was a frightening moment for all concerned, I’m sure, and a reminder to all of us that life is delicate and time is precious. It also pleases me to know that the committee kept its wits last night and finished the necessary work on Bill C-51, a landmark piece of legislation that is long overdue and that Chief Bear has been so instrumental in bringing to fruition.

As he said in his opening remarks last night, “it has been a long journey,” and indeed it has, tracing in many ways all the way back to the War of 1812, more than two centuries ago.

As I mentioned the other night and as Minister Miller acknowledged in his remarks to the committee, the specific process leading to the treaty and this bill began in 2009 under the Harper government. Minister Miller, echoing the words of Chief Bear, said that too has been a long process, but to their credit the Whitecap Dakota First Nation used that time to work steadily and relentlessly toward this moment.

As Chief Bear said:

. . . as far as self-government goes, Whitecap First Nation has been, over time, had our own election code, our own First Nation land management code and our own membership code. We eliminated about 35% of the Indian Act already.

That was before the self-government treaty that this bill will bring into law, a law that will add a very important element that has long been missing and is long overdue.

Again, I can do no better than to quote Chief Bear:

. . . when we looked at changing it to a self-government treaty, that was when we talked about the acknowledgment of the Whitecap Dakota people as Aboriginal peoples of Canada.

Honourable senators, I am sure you have heard me and other senators complain in the past that this government too often expects us to rush bills through. Bill C-51 is a bill that we only got this week, but we cannot ignore that it has been two centuries in the making and we cannot ignore that with this bill we are righting an historic wrong, and in doing so we have the chance to make history. Thank you.

Hon. Brent Cotter: Honourable senators, it’s a pleasure to be here. I’ll be mercifully brief today.

With respect to Bill C-51, let me begin by thanking Chief Darcy Bear, Chief of the Whitecap Dakota First Nation, and Councillors Dwayne Eagle and Frank Royal, who came to Ottawa to appear before our committee and meet with senators, enabling us to celebrate with them the achievements of this bill. Also a thank you to their policy adviser Murray Long, who joined them in that work and in their appearances both here and in the other place at committee. Also, congratulations and thanks to Minister Miller and his staff and to Federal Negotiations Manager Aayah Shadad and her team. Some of you were able to participate in briefings on this bill from Ms. Shadad. I was as well. They provided outstanding and insightful explanations of the bill to those of us who attended. I also want to extend thanks to each of you for agreeing to expedite consideration of this important bill. It means a lot to the people of Whitecap Dakota and it means a lot to Canadians, I think.

Briefly, to highlight the self-government treaty again, it does essentially three things. First, it brings Whitecap Dakota into the fold of Aboriginal peoples, pursuant to section 35 of the Constitution Act — a long-standing and unfair oversight to this First Nation and to a few others who are in the same category of essentially refugees from the United States, as you will recall, from a few hundred years ago. Second, it changes the official name of the First Nation to the Whitecap Dakota Nation; and, third, as a result of the name change, it enables them to transition out from under most aspects of the Indian Act.

This is a bilateral agreement between Canada and the Whitecap Dakota First Nation, but you should be aware that the Government of Saskatchewan — and the nation is located in Saskatchewan, just south of Saskatoon — does not oppose this agreement. In fact, there is a whole series of additional bilateral agreements between the First Nation and the Government of Saskatchewan that facilitate the effectiveness of the self‑government agreement.

Chief Bear described this at the hearings yesterday. This has always been a concern for many First Nations, namely, being able to enforce their own bylaws or band laws. The RCMP, for a variety of reasons, have been unwilling to do that in Saskatchewan in relation to Whitecap Dakota. However, there is an arrangement with the provincial government where they will make available community safety officers, who have law enforcement powers — not quite as enriched as policing powers but significant ones — and will provide that service. Those partnership agreements with the province are making possible this agreement not only to be lawful and meaningful but also to be highly effective, I think. That’s to the credit of Chief Bear and his team and also the Government of Saskatchewan.

Furthermore, this agreement helps to unlock what Senator Klyne was speaking about, namely, the power of this nation to be able to govern itself effectively. You heard the story about its successes over the last 30 years. This will continue the nation on that progress. Indeed, Chief Bear used the phrase, “This will make it possible for us to operate at the speed of business.” That’s a lovely phrase when you think about it. I think all of you have some, maybe deep, understanding of the way in which the Indian Act and various other colonial constraints have put handcuffs on First Nations who are keen to make both social and economic progress on behalf of their people.

My sense is that this orientation, a can-do attitude, an entrepreneurial spirit — all in the interests of the citizens of Whitecap Dakota — is exactly what can be achieved by acting on a commitment to reconciliation, to moving away from a century‑plus approach based on the imposition of colonial values and policies and a century-plus paternalistic attitude which the Indian Act tends to generate.

Adopting this bill will be a way of actualizing reconciliation for the Whitecap Dakota Nation and also a model of optimism for other First Nations and for Canada as a whole. I hope that you will support this bill and that we’ll be able to move it into actuality so that it can come into force in September, as planned.

Thank you very much.

Hon. Patti LaBoucane-Benson (Legislative Deputy to the Government Representative in the Senate) moved third reading of Bill C-51, An Act to give effect to the self‑government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts.

Hon. Marty Klyne: Honourable senators, on the traditional territory of the Algonquin Anishinaabeg, and with tremendous pride, I rise to speak to Bill C-51, An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts.

I rise not just to speak to a bill but to celebrate Whitecap Dakota reclaiming their legal rights to self-determination.

Chief Darcy Bear and I have talked about this moment for some time now, so it is with great pleasure I salute Whitecap Dakota Nation on this historic achievement, one which will serve as another step on the long road to reconciliation.

It comes on the heels of other achievements of reconciliation, including the recent passing of Bill C-45, an Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another act; not to mention this week’s Action Plan for the United Nations Declaration on the Rights of Indigenous Peoples, which is another such milestone; as is the announcement of a site on Parliament Hill for a monument to residential school survivors and victims.

In the case of Whitecap Dakota, I make no mistake that before we can celebrate, we need to get this bill across the finish line, so I’ll keep my remarks short.

We should take a moment to reflect on the context of this legislation and discuss how we came to this point. Historically, Canada’s relationship with Indigenous peoples has been stained with injustice and discrimination. We still see the effects of the residential school system, the underfunding of community services, the outstanding specific claims to the fulfillment of historical treaties and other agreements and the misappropriation of lands. Yet today, I am filled with tremendous optimism and growing confidence that brighter days lay ahead.

The story of Whitecap Dakota Nation adds to my positive outlook. Senator Cotter gave a wonderful overview of their history in his speech yesterday, so I am satisfied that part of the story has been told. I expect that Senator Cotter will further complement his speech shortly.

Suffice it to say that, in facing the many challenges and betrayals over the last two centuries, Whitecap Dakota has endured with resilience and courage. They began to push back and take charge of their own social, political and economic affairs with great determination and the courage to make the right choices, with perseverance in goodness over time and with lasting effort and patience when things were tough. Today, Whitecap Dakota First Nation has attracted over $160 million in capital investment — and they are just getting started!

Colleagues, rather than provide an overview of the numerous economic achievements of Whitecap Dakota, I refer you to my inquiry speech of May 2 launching the inquiry celebrating Indigenous-led businesses and economic development organizations, a speech in which Whitecap Dakota Nation’s was the economic success profiled.

That said, I would be remiss if I didn’t acknowledge the efforts of my friend Chief Darcy Bear and his council and elders, who, for the past three decades, have led the people of Whitecap Dakota with honour, humility and dedication. He has spoken about their success:

We can’t change the wrongs of the past . . . but certainly going forward we can all change the future by working together in partnership. We have that attitude that we don’t believe in the word “can’t.” There’s always a way to moving something forward.

Whitecap Chief and council should be recognized on our national stage for their many achievements to date and, soon, this significant achievement.

As I said, the self-government agreement between Whitecap Dakota and Canada represents another step on our federation’s path towards reconciliation. It’s a positive step forward, and I’m thrilled that we, as legislators, can play a part. This is the first self-government agreement signed in Saskatchewan, and I hope that more will follow.

Let’s take a moment to discuss what the impact of this legislation will be. Why should Canadians pay attention and support this agreement? It matters because self-government restores Dakota Whitecap’s legal right to self-determination, realizing their underlying inherent rights. It recognizes them as a First Nation under section 35 of Canada’s Constitution. It matters because this agreement means an opportunity for Whitecap Dakota to reclaim what was taken or withheld from them generations ago. Despite being some of Canada’s most committed allies, this is what they’ve been fighting for ever since, with truth and justice on their side. It matters because this is an opportunity to enhance prosperity and pride of place in Canada for this great people.

This agreement means Whitecap Dakota can continue to grow and that the hope that endured was hope well placed to bear fruit. It means positive change that will benefit everyone as they create wealth and contribute to the prosperity and the well-being of this country.

As honourable senators know, we will not achieve true reconciliation until Indigenous peoples are empowered to take advantage of their full economic, social and political potential. This agreement gets us one step closer. Let us speak with one voice in our vote for Bill C-51, and let’s get this done.

Thank you. Hiy kitatamîhin.

Hon. Patti LaBoucane-Benson (Legislative Deputy to the Government Representative in the Senate) moved third reading of Bill C-51, An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts.

Hon. Senators: Agreed.

(At 7:10 p.m., the Senate was continued until Tuesday, September 19, 2023, at 2 p.m.)

Hon. Dennis Glen Patterson, member of the Standing Senate Committee on Indigenous Peoples, presented the following report:

Thursday, June 22, 2023

The Standing Senate Committee on Indigenous Peoples has the honour to present its

THIRTEENTH REPORT

Your committee, to which was referred Bill C-51, An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts, has, in obedience to the order of reference of June 20, 2023, examined the said bill and now reports the same without amendment.

Respectfully submitted,

DENNIS GLEN PATTERSON

Member of the committee

(Pursuant to the order adopted on June 20, 2023, the bill was placed on the Orders of the Day for third reading later this day.)

[Translation]

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

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

Hon. Michèle Audette: Under the Indian Act, women who marry non-Indians were expelled. I understand that, according to the document, the Canadian Charter of Rights and Freedoms will apply, but can you tell us whether Indigenous women of this nation, who are not recognized in Bills C-31, C-3 and S-3, have been reinstated, or not at all?

[English]

Hon. Renée Dupuis: Would Senator Arnot accept a question?

[English]