Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I’d like to speak briefly — though not as briefly as George Baker — at third reading of Bill S-16, the Haida Nation Recognition Act. This legislation is an important step forward in the ongoing process of recognizing and realizing Haida rights.

[English]

In accordance with a tripartite agreement reached last year between the Haida Nation and the governments of British Columbia and Canada, Bill S-16 would recognize that the Haida Nation holds inherent self-governance rights, that it is governed by the Council of the Haida Nation, and that it is a legal entity with all related privileges and liabilities.

Haida representatives travelled all the way from Haida Gwaii to be here in the gallery in February when this bill was introduced. Afterward, in the Senate foyer, they joined the federal and provincial ministers, as well as their member of Parliament, at a press conference underlining the bill’s importance to them.

The tripartite agreement requires both provincial and federal ratifying legislation. The British Columbia bill was adopted almost exactly a year ago, in May 2023. So, the Haida have been waiting since then for a federal bill to pass.

In fact, they’ve been waiting much longer. At committee in April, the President of the Council of the Haida Nation said there’s a written record of Haida leaders telling federal officials in 1913 that they had:

. . . never ceded, surrendered, signed a treaty or been defeated in war, and that all the Haida Gwaii is Haida territory. . . .

As Senator Martin noted at committee, “. . . you’ve waited a long time.”

[Translation]

This is absolutely true, and the Haida will have to wait even longer after the Senate passes this bill, because it will still have to be studied and passed in the other place.

All the more reason to complete third reading in the Senate as soon as possible.

[English]

Clearly, the Haida Nation is watching us. In recent days, their President wrote this in an email received by all senators:

We understand that the conclusion of the Senate process is close, and we look forward to Bill S-16 moving to the House of Commons for final approvals. Haawa (thank you) for your ongoing commitment to moving our work forward together in a respectful and timely manner. This has been a long time in coming for both the Haida Nation and for Canada.

Colleagues, I think that’s their polite way of reminding us that the Indigenous Peoples Committee finished clause-by-clause consideration almost a full month ago, and they would like us to get on with it.

We’ve certainly had a lot on our plate in this chamber recently, but I hope that we can meet the Haida Nation’s expectation and pass this bill very soon.

I extend my thanks to Senator Greenwood for being an able and dedicated sponsor, and to all the committee members for their work as well.

At committee, the Haida president explained that the term for reconciliation in the Haida language literally means, “people working together to make things right.” In that spirit, I invite all honourable senators to join me in supporting Bill S-16.

Thank you,

Háw’aa.

(On motion of Senator Martin, debate adjourned.)

The Hon. the Speaker pro tempore: Yes.

Hon. Michèle Audette: I want to thank my two colleagues for speaking out on a subject, on a part of Canada’s history, that is complex but that is still very palpable for most Indigenous peoples.

I am proud to be half Innu and half Quebecer. I feel it every day. My son is one of the Gitxsan people, neighbours to the Haida. A spiritual grandmother, Bernie William Poitras, accompanied me during the national inquiry. She comes from that great nation. She is a gentle warrior from a family line that goes back thousands of years, a matriarch, and also a hereditary chief.

Please understand that my position — I’m going to be gentle and loving about it — is to remind us collectively that reconciliation is a truth that only we, Indigenous peoples, can keep. Through our oral tradition, we have been sharing it for decades, for centuries. I have to remind us collectively how important it is important to sign those agreements. The right to self-determination is the first thing I had when I arrived in this chamber. I had a medallion made from caribou hide with the words “education, justice, right to self-government” written on it. That is very important.

At the same time, let’s remember that, in this very space, colonialism caused us harm, especially to Indigenous women. After marrying the most handsome Quebecer, my mother was expelled from her territory. The same thing goes for languages, and so on. These are all things that we learn over time.

February is the month of love, but for families that have lost a loved one, it’s a time of reflection. February is for those who have lost a sister, a brother, a mother, another loved one. Last February, I was visiting these matriarchs in their northern British Columbia territory. They said to me, “This bill will hurt us, because we were not listened to.” In my own words, I told them that, even so, 50 years had passed and we needed to move forward, even if this isn’t perfect, even if this isn’t what we would have hoped for as a people, as a society or as a country. How could they make their voices heard? They tried to make their voices heard in various forums here in the Senate, but people didn’t hear them. For all sorts of reasons, people didn’t hear them. I’m here to speak for them today. Fifty years of colonialism and debate for the great and beautiful Haida people, and we finally have something.

Let’s not forget that these women have 12,000 years’ worth of rights, rules, protocols and pride for their people. I’ve often been told by government members I’ve met here, “yes, but that’s between you. You have to figure it out.” We aren’t the ones who imposed colonial laws on ourselves.

I’m sure you can appreciate why I plan to abstain, but in your heart of hearts, based on your values and your beliefs, if you want to support this initiative, that’s up to you, and that’s fine. I’m not asking you to side with me on this, but please understand that the next nations that testify before our committees, so that we can pass bills with them to ensure their full autonomy . . . Always remember that there are silent voices that must be heard. That is our responsibility.

[English]

There are so many voices that we know — we think we do good, and I’m one of them, of course; I think I did my due diligence. Within their own nation, same nation, there’s probably a group of voices that we need to bring here during committee. So I hope you understand my abstention — that there are voices that weren’t heard. The next bill or the next — even my nation, I can’t wait for them to come here, and I’ll ask them the same question: What about the Indigenous women? Where are they? Are they involved? Did they dream in that vision that you have and are presenting to us as senators; did they co-build with you this piece of legislation or this vision?

We have that due diligence. We have that responsibility. I say thank you to all people here who do open their minds and hearts to this, but let’s also remind ourselves that there are so many of us who are not able to come and shake or speak or share the truth. Thank you.

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: Resuming debate. Senator Coyle.

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.

(At midnight, pursuant to rule 3-4, the Senate adjourned until later this day at 2 p.m.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(On motion of Senator Plett, debate adjourned.)

The Hon. the Speaker: Honourable senators, when shall this bill be read the third time?

(On motion of Senator Martin, bill referred to the Standing Senate Committee on Transport and Communications.)

On the Order:

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That a Special Senate Committee on Human Capital and the Labour Market be appointed until the end of the current session, to which may be referred matters relating to human capital, labour markets, and employment generally;

That the committee be composed of nine members, to be nominated by the Committee of Selection, and that four members constitute a quorum; and

That the committee be empowered to inquire into and report on such matters as may be referred to it by the Senate; to send for persons, papers and records; to hear witnesses and to publish such papers and evidence from day to day as may be ordered by the committee.

Hon. Brian Francis, Chair of the Standing Senate Committee on Indigenous Peoples, presented the following report:

Thursday, April 11, 2024

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

Hon. Yonah Martin (Deputy Leader of the Opposition): Honourable senators, I rise today to speak to Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation.

The importance of legislation recognizing the inherent right of Indigenous peoples to governance and self-determination is not just a legal or political matter; it is a moral imperative that speaks to the heart of justice, equality and the preservation of Indigenous cultures.

Legislation acknowledging and upholding the inherent right to self-determination is not a mere gesture of goodwill — it is an essential step toward rectifying historical injustices and fostering a society that values diversity, inclusivity and equality. When Indigenous communities are granted the autonomy to govern their own affairs, it not only respects their distinct identities, but also empowers them to address the unique challenges they face.

By recognizing Indigenous self-determination, we are affirming their right to shape their economic, social and political landscapes in ways that align with their traditions and values. This recognition is not a threat to the broader society; rather, it is an opportunity to enrich our collective understanding of governance by embracing alternative models that have sustained Indigenous cultures for generations.

Moreover, legislation supporting Indigenous self-determination is a crucial step toward reconciliation. It acknowledges the need to right historical wrongs, foster healing and build a future where all members of society can thrive together.

Bill S-16 purports to be just that kind of legislation, following in the steps of similar legislation passed in my home province of British Columbia, as explained clearly by Senator Greenwood.

The Haida Nation is a nation with a rich and complex history. The Haida have inhabited the Haida Gwaii archipelago — formerly known as the Queen Charlotte Islands — for thousands of years. Their history is deeply intertwined with the rich, natural environment of the islands, which provided abundant resources for sustenance and cultural practices.

The Haida developed a sophisticated social structure and were known for their complex class system, which included nobility and commoners. They were renowned for their artistic achievements, especially their distinctive and intricate totem poles, canoes and other artifacts.

The first recorded contact between the Haida and European explorers occurred in the late 18th century when British and Spanish explorers arrived in the region. This contact had profound consequences for the Haida, as foreign diseases and changes in trade disrupted their traditional way of life.

The fur trade, particularly in sea otter pelts, became a significant part of the Haida economy in the 19th century. This period brought increased contact with European and American traders, leading to both economic opportunities and cultural challenges.

In the 19th century, the establishment of European and Canadian colonies had a significant impact on the Haida Nation. Missionary activities, the imposition of European laws and land dispossession had profound effects on Haida culture and sovereignty. Like many Indigenous peoples in Canada, the Haida experienced the destructive effects of the residential school system, which aimed to assimilate Indigenous children into the European-Canadian culture. This policy led to trauma for the survivors and their families and friends — the loss of language, culture and traditional knowledge.

Yet, the Haida persevered, and, in the latter half of the 20th century, the Haida, like many other Indigenous groups in Canada, began asserting their rights to their ancestral lands and self-determination. Land claims negotiations and legal battles resulted in the recognition of Haida title and rights.

Today, the Haida Nation is actively involved in various economic, cultural and environmental initiatives. They have achieved recognition of their rights and engaged in co-management of resources, and they continue to work toward preserving and revitalizing their language and cultural practices.

Honourable senators, Bill S-16 is another stepping stone in the Haida Nation’s journey to self-governance and self-determination. The Haida Nation has a long history of asserting their land rights and engaging in negotiations to address historical grievances related to land dispossession. This settlement process for the Haida involved a series of negotiations and agreements with the Canadian government.

The Calder case was a landmark legal decision in 1973 that acknowledged Aboriginal land title. The case was brought by Frank Calder, a Nisga’a leader, but its implications reached beyond the Nisga’a Nation and had an impact on other Indigenous groups, including the Haida.

In the 1980s and 1990s, Canada initiated a comprehensive land claims process to address Indigenous land rights and treaty negotiations. The Haida Nation, along with other Indigenous groups, became involved in this process which led to the Haida Accord being signed in 1985.

The Haida Accord laid the groundwork for negotiations between the Haida Nation and the provincial and federal governments. This accord recognized the Haidas’ right to negotiate land claims and self-government. Serving as a framework for negotiations between the Haida Nation and the governments of Canada and British Columbia, the accord outlined the principles and processes that would guide discussions on land claims and other related issues.

The accord set the stage for addressing land claims and comprehensive settlement negotiations. It acknowledged the need for a fair and just resolution that recognized the rights and title of the Haida people, emphasizing the importance of consultation and cooperation between the Haida Nation and the governments on matters related to resource management, land use and cultural heritage.

The accord acknowledged the significance of Haida cultural values and traditions, emphasizing the need to incorporate these values into the negotiation and settlement processes.

While not a final settlement, the Haida Accord affirmed the commitment of all parties to the broader treaty process in Canada, recognizing the need for negotiated agreements to address historical injustices and reconcile Indigenous land rights.

The Gwaii Haanas Agreement, signed in 1993, was another significant step in the land claims process. It established the cooperative management of the southern part of Haida Gwaii, known as Gwaii Haanas, between the Haida Nation and the federal government.

The agreement introduced a unique cooperative management framework, emphasizing collaboration between the Haida Nation and the Government of Canada for the stewardship of Gwaii Haanas. The agreement recognized the cultural and ecological significance of Gwaii Haanas for the Haida Nation. It acknowledged the area’s importance as a repository of Haida heritage, including village sites, totem poles and other cultural artifacts.

The Gwaii Haanas Agreement included provisions for the protection and conservation of the region’s ecosystems. It aimed to balance ecological sustainability with the cultural values and traditional land use of the Haida people.

The agreement established a Gwaii Haanas management board, featuring equal representation from the Haida Nation and the Government of Canada. This board played a central role in decision making related to the management of Gwaii Haanas.

The agreement granted the Haida Nation control over access to and use of cultural resources within Gwaii Haanas, reinforcing the Haida’s role in protecting their heritage.

Recognizing the importance of tourism to the region, the Gwaii Haanas Agreement addressed sustainable tourism practices and the need for collaboration to ensure responsible and culturally sensitive visitation.

The Gwaii Haanas Agreement reflected a commitment to coexistence and shared responsibility for the management of the region. It sought to reconcile the conservation of natural resources with the cultural and economic needs of the Haida Nation.

The Gwaii Haanas Agreement set a precedent for collaborative and innovative approaches to the management of protected areas, integrating Indigenous knowledge and practices into the governance of significant cultural and ecological landscapes. It contributed to the ongoing reconciliation efforts between the Haida Nation and the Government of Canada.

In 1993, the Haida Nation and the governments of Canada and British Columbia signed the Haida Nation final agreement. This comprehensive land claims settlement addressed issues of land ownership, resource management and self-governance. Following the settlement, the Haida Nation has been actively involved in co-management of natural resources, cultural revitalization and initiatives to strengthen self-governance.

It’s important to note that while the Haida Nation final agreement represents a significant milestone, the journey towards reconciliation and the implementation of these agreements are ongoing. The Haida Nation continues to play a crucial role in the stewardship of their lands and the preservation of their cultural heritage.

Bill S-16 affirms the Government of Canada’s recognition of the Haida Nation as the holder of the inherent rights of governance and self-determination. If passed, the legislation will formally recognize the Council of the Haida Nation as the government of the Haida Nation.

The bill would affirm and implement commitments in Bill 18, Haida Nation Recognition Act, entered into by the Haida Nation, the Government of Canada and British Columbia in July 2023.

The Council of the Haida Nation was formed as a national government in 1974. The Constitution of the Haida Nation was formally adopted in 2003. It mandates the council to conduct the external affairs of the Haida Nation and to steward the lands and waters of Haida Gwaii on behalf of the Haida Nation. This ensures that the Haida relationship with Haida Gwaii continues in perpetuity.

This is important because 50 years ago, the Haida Nation formed its own national government in the Council of the Haida Nation. The Haida Nation formally adopted its constitution in 2003, mandating the council, among other duties, to:

. . . steward the lands and waters of the Haida Territories . . . and to perpetuate Haida culture and languages for future generations.

The Haida government has been working for half a century, and through Bill S-16, it will finally receive formal recognition from the federal government. It is both symbolic and significant. Council of the Haida Nation President Gaagwiis Jason Alsop had this to say:

The Haida Nation:

 . . . didn’t wait for Canada or B.C. or anyone to empower us or come along and tell us how to do things. Our people recognized our inherent right to govern our lands and waters in a good way, to steward and speak for the beings and the supernaturals, and to uphold our inherent responsibility to care for our homelands.

The bill itself is straightforward. As I mentioned, the bill recognizes the Council of the Haida Nation as the governing authority for the Haida people.

While the bill is short on text, it has huge implications for the Haida Gwaii people. Legislation recognizing their inherent right to governance is a bridge towards creating a more just and equitable society, where the voices of all people, regardless of their cultural background, are heard and respected. Thank you.

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

She said: Tansi, honourable senators.

I begin by acknowledging that we are on the unceded traditional territory of the Anishinaabe Algonquin peoples. I am grateful to live and work on these lands. I am honoured to rise as the sponsor of Bill S-16, entitled “Haida Nation Recognition Act,” and to speak at second reading.

Honourable senators, we are here today to discuss this bill because of the incredible perseverance of the Haida people. We are here because of their leadership and vision of governance and self-determination.

At its core, this bill, which was co-developed with the Haida Nation, will do two very important things: 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.

Haida Gwaii is a group of over 200 beautiful islands located 100 kilometres west of the northern coast of British Columbia. These islands are the homeland of the Haida Nation. In the Haida language, Haida Gwaii means “the islands of the people.” I have been to these lands, felt their shores and heard their stories — stories of the raven creating Haida Gwaii out of the water and coaxing the Haida out of a clamshell to join him on this new and beautiful land.

These stories speak to the profound relationship that exists between the Haida people and the lands and waters that have been their territories since time immemorial. Their language, stories, laws and protocols, knowing and being reflect this oneness.

Fifty years ago, in 1974, the Council of the Haida Nation was formed as a national government with a vision to organize Haida people into one political entity. The Constitution of the Haida Nation was adopted in 2003. It describes the mandate of the Council of the Haida Nation, including relationships with other governments on matters that relate to Haida title and rights.

President of the Haida Nation, Gaagwiis Jason Alsop, said that 50 years ago, the Haida Nation:

. . . formed our own national government — the Council of the Haida Nation. We didn’t wait for Canada or B.C. or anyone to empower us or come along and tell us how to do things. Our people recognized our inherent right to govern our lands and waters in a good way, to steward and speak for the beings and the supernaturals, and to uphold our inherent responsibility to care for our homelands.

However, President Gaagwiis also stated that:

One of the barriers in reconciling our differences with B.C. and Canada has been the lack of formal recognition of the Council of the Haida Nation as the governing body of the Haida Nation and of our inherent title and rights in Haida Gwaii.

Senators, today is an important step toward eliminating that barrier. The journey for recognition and self-determination by the Haida people is one backed by years of productive intergovernmental discussions between the Haida Nation, British Columbia and Canada.

A key moment in this journey was in August 2021, when the Haida Nation, British Columbia and Canada entered into the GayGahlda, the “Changing Tide” framework for reconciliation. The framework’s overall intent is to advance collective work on the priorities set out by the Haida Nation.

This historic agreement is based on recognition of the Haida Nation’s inherent title and rights with respect to the Haida Gwaii terrestrial area, including the inherent right to self-government.

The GayGahlda “Changing Tide” framework sets out an incremental approach for negotiating legally binding reconciliation agreements. This includes guiding principles, priority topics and a long-term agenda for negotiations.

The bill before us today is the direct result of collaborative efforts under the GayGahlda “Changing Tide” framework.

It is an important part of undoing Canada’s colonial approach and policies, and a step toward reconciliation — a term that the Haida people define as “people working together to make it right.”

The proposed legislation is built from the priorities and aspirations of the Haida Nation. It is a milestone in a shared process of finding ground to build a better future, based on the recognition of Haida governance and self-determination.

More specifically, in July of 2023, the Haida Nation, British Columbia and Canada concluded the signing of the Nang K’uula Nang K’úulaas recognition agreement. This agreement is the first legally binding tripartite agreement the parties have reached under the GayGahlda “Changing Tide” framework.

A key feature of this agreement is that Canada and British Columbia recognize the Council of the Haida Nation as the governing body of the Haida. The next step is for Canada to develop federal legislation to bring the agreement into full effect. That is why we are here today.

Last year, British Columbia passed and adopted Bill 18, the provincial component of the enabling legislation. The bill before us is Canada’s legislative counterpart.

If this bill is passed by Parliament, it will solidify the legal recognition of the Haida Nation as the holder of inherent rights of governance and self-determination by both the federal and provincial governments. Further, it will recognize that the Council of the Haida Nation is authorized, in accordance with the Constitution of the Haida Nation, to exercise and make decisions regarding those rights.

This bill provides a foundation for further steps to be taken together, government-to-government, to fulfill responsibilities and create a path for a better future. It sets the stage for future reconciliation agreements between the Haida Nation and the federal and provincial governments. This bill will shape Canada’s relationship with the Haida Nation for generations to come.

Recognition of Haida governance and self-determination is long overdue, and the proposed legislation now before us deserves our full and unqualified support.

The bill also aligns with Canada’s broader commitment to support Indigenous-led processes for building and reconstituting historic nations and advancing reconciliation. This bill is part of the federal government’s commitment to work with Indigenous partners to restore nation-to-nation relationships, implement their inherent right to self-determination and support communities as they move toward self-government.

It is also an important part of implementing the United Nations Declaration on the Rights of Indigenous Peoples Act. The UNDA recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the right of self-government.

The GayGahlda “Changing Tide” framework also recognizes the importance of the declaration when working with federal and provincial governments. Section 3.18 states:

This Agreement, subsequent agreements, and their negotiation will meet the standards of and protect all rights of the Haida Nation as recognized in the United Nations Declaration on the Rights of Indigenous Peoples.

The UNDA commits the federal government to taking effective measures — including legislative ones — in consultation and cooperation with Indigenous peoples, to achieve the objectives of the UN declaration.

What we have before us, colleagues, is a legislative measure that achieves the objectives of the UN declaration and those of the Haida Nation’s GayGahlda “Changing Tide” framework. This bill is important not just for the Haida Nation and British Columbians, but for all Canadians. It marks a key moment in Canadian history. Recognizing the Council of the Haida Nation as the governing body of the Haida Nation and their inherent right to governance and self-determination takes us a step closer to the country we aspire to be: a country predicated on respect, reconciliation and equity.

I look forward to your support so we can ensure that this foundational recognition takes place. Thank you for joining me in supporting this bill. Háw’aa. Thank you. Hiy hiy.

[Translation]

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

Hon. Senators: Agreed.

(At 6:36 p.m., the Senate was continued until Tuesday, March 19, 2024, at 2 p.m.)

The Hon. the Speaker: Honourable senators, when shall this bill be read the third time?

(On motion of Senator Greenwood, bill referred to the Standing Senate Committee on Indigenous Peoples.)

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Gold, bill placed on the Orders of the Day for second reading two days hence.)

Hon. Marc Gold (Government Representative in the Senate) introduced Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation.

(Bill read first time.)