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Sponsor:
Bill S-16
44th Parl. 1st Sess.
April 30, 2024
- At third reading in the Senate
- Read Bill |
- Government Page
- This is a bill called the Haida Nation Recognition Act. It is about recognizing the Haida Nation and the Council of the Haida Nation as the government of the Haida Nation. The bill gives the Haida Nation certain powers and rights, and it also protects their representatives and public officials from legal action unless they act in bad faith. The bill also transfers certain assets and liabilities to the Council of the Haida Nation. It does not affect any existing agreements between the Haida Nation and the Skidegate Band Council and Old Massett Village Council.
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- S1
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- Yea
- Nay
SteelmanSpren in Favour
- Steelman Argument in Favor of Bill S-16: An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation Bill S-16, also known as the Haida Nation Recognition Act, is an important piece of legislation that seeks to recognize the inherent rights of governance and self-determination of the Haida Nation. This act is based on the agreement entitled "Nang K̲’uula • Nang K̲’úulaas Recognition Agreement" that was entered into by the Haida Nation, His Majesty in right of British Columbia, and His Majesty in right of Canada. One of the key arguments in favor of this bill is that it promotes reconciliation and strengthens the relationship between the Haida Nation and the governments of British Columbia and Canada. The agreement and subsequent legislation acknowledge the historical injustices faced by the Haida Nation and aim to address them through negotiations and recognition of their rights. By recognizing the Haida Nation as a distinct government and authorizing the Council of the Haida Nation to act on behalf of the Haida Nation, this bill empowers the Haida people to exercise their governing powers and make decisions that affect their community. This recognition of self-determination is a crucial step towards addressing the historical marginalization and oppression faced by Indigenous peoples in Canada. Furthermore, the bill grants legal entity status to the Council of the Haida Nation, providing them with the capacity, rights, powers, and privileges of a natural person. This recognition ensures that the Haida Nation can engage in legal processes, enter into agreements, and protect their interests effectively. The bill also includes provisions for immunity for representatives of the Haida Nation and public officials, ensuring that they can carry out their duties without fear of legal action, as long as they act in good faith. This immunity is important for fostering trust and enabling the Haida Nation to govern themselves without unnecessary interference. Additionally, the bill ensures the continuation of agreements and legal arrangements that were previously entered into by the Secretariat of the Haida Nation on behalf of the Haida Nation. This continuity provides stability and ensures that the rights and obligations established in these agreements are upheld. In summary, Bill S-16 is a crucial step towards recognizing the rights of the Haida Nation and promoting reconciliation. By acknowledging the inherent rights of governance and self-determination of the Haida Nation, empowering the Council of the Haida Nation, and providing legal protections, this bill contributes to a more just and equitable relationship
SteelmanSpren Against
- Steelman Argument Opposing Bill S-16: While recognizing the importance of reconciliation and respecting the rights of Indigenous peoples, there are concerns regarding the implementation of Bill S-16 and the recognition of the Haida Nation and the Council of the Haida Nation. This argument will present a right-wing anti-government perspective on the matter. 1. Overreach of Government Power: The recognition of the Haida Nation and the Council of the Haida Nation through legislation raises concerns about the expansion of government power. This bill grants the Haida Nation inherent rights of governance and self-determination, which could potentially undermine the authority of the federal and provincial governments. It is important to maintain a balance between recognizing Indigenous rights and ensuring the sovereignty and authority of the government. 2. Legal Uncertainty: The implementation of this bill may create legal uncertainty and potential conflicts between the Haida Nation and other levels of government. Granting the Council of the Haida Nation the capacity, rights, powers, and privileges of a natural person raises questions about the extent of their authority and how it may intersect with existing laws and regulations. This could lead to confusion and disputes over jurisdiction and decision-making. 3. Economic Implications: The recognition of the Haida Nation and the Council of the Haida Nation may have negative economic implications. Granting them governing powers and immunity from legal action could potentially hinder economic development and investment in the region. Businesses may be hesitant to operate in an environment where the rules and regulations are uncertain or subject to change based on the decisions of the Haida Nation. 4. Inequality and Division: Granting specific rights and privileges to the Haida Nation and the Council of the Haida Nation may create inequality and division among Canadians. While it is important to address historical injustices and promote reconciliation, it should not be done at the expense of other citizens. This legislation could potentially create a two-tiered system where certain groups have more rights and privileges than others, leading to resentment and social division. 5. Lack of Consultation: There are concerns about the lack of consultation and input from all affected parties in the development of this legislation. It is important to ensure that all stakeholders, including local communities, businesses, and other Indigenous groups, have a say in decisions that may impact their lives and livelihoods. The rushed implementation of this bill without sufficient consultation may lead to unintended consequences and further disputes. In conclusion, while recognizing the importance of reconciliation and respecting the rights of Indigenous peoples, there are concerns about the
Senate Debates
44th Parl. 1st Sess.
April 30, 2024
Senate Debates
44th Parl. 1st Sess.
April 18, 2024
Senate Debates
44th Parl. 1st Sess.
April 11, 2024
Chair:
Senate Committee
44th Parl. 1st Sess.
April 11, 2024
- Seventeenth Report
The Standing Senate Committee on Indigenous Peoples has the honour to present its
SEVENTEENTH REPORT
Your committee, to which was referred Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation, has, in obedience to the order of reference of February 29, 2024, examined the said bill and now reports the same without amendment.
Respectfully submitted,
BRIAN FRANCIS
Chair
- Hear!
- Rabble!
- Feb. 29, 2024, 2 p.m.
- In Progress
- Read
Senate Debates
44th Parl. 1st Sess.
February 29, 2024
- Feb. 8, 2024, 2 p.m.
- Passed
- Feb. 8, 2024, 2 p.m.
- Passed
Senate Debates
44th Parl. 1st Sess.
February 08, 2024