Evidence of meeting #93 for Indigenous and Northern Affairs in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was métis.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Julia Redmond  Legal Counsel, Department of Justice
Michael Schintz  Federal Negotiations Manager, Negotiations - Central, Treaties and Aboriginal Government, Department of Crown-Indigenous Relations and Northern Affairs

11:20 a.m.

Federal Negotiations Manager, Negotiations - Central, Treaties and Aboriginal Government, Department of Crown-Indigenous Relations and Northern Affairs

Michael Schintz

I think I understand what Mr. Battiste is saying. The way testimony at this committee unfolded, many of the Métis governments that are to be represented through this legislation, if passed, had a chance to speak at the front end, and now we're here, as government officials and as the negotiator for this bill, trying to speak to their interests and their perspectives.

I would agree. I know that the Métis governments this bill is meant to represent find this concept offensive. They think it's a restriction that hasn't been placed on other indigenous governments in implementing legislation, and it really does prohibit a potential set of conversations in the future. Understanding that there are, for example.... Mr. Battiste has pointed to scrip claims, which have a long history in Canada, and there is a long history of the dispossession of Métis peoples for over 150 years.

I don't know that I have anything to add, other than to say that, as the negotiator who has helped co-develop this legislation and the agreements, and who will help to co-develop the self-government treaties, it's my understanding that our partners take a similar view to Mr. Battiste's.

11:20 a.m.

Liberal

The Chair Liberal John Aldag

Mr. Battiste, do you have any follow-up?

11:20 a.m.

Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Can I get five minutes to talk to the stakeholders about this? Can we suspend the meeting for five minutes just so I can have a conversation?

11:20 a.m.

Liberal

The Chair Liberal John Aldag

Yes. We'll suspend for five minutes, and then I have Ms. Idlout also on my list.

We're suspended.

11:40 a.m.

Liberal

The Chair Liberal John Aldag

We are back into our meeting. Our five-minute suspension went a bit beyond, but we're back.

Michael, I see your hand is up. I will confirm with you, first of all, whether you want to speak to this discussion, whether it's a technical issue that you're having or whether it's a point of order. I have you on the speaking list, but I just need to know if it's part of the discussion.

11:40 a.m.

Liberal

Michael McLeod Liberal Northwest Territories, NT

I want to take part in the discussion.

11:40 a.m.

Liberal

The Chair Liberal John Aldag

Okay. I have you on the list.

First, I was asked for the chair's position or ruling on this. After a discussion with our legislative team, I'll give you, just briefly, the ruling on why this is deemed to be in order, as opposed to out of order.

The understanding is that CPC-5.01 reiterates the fact that Bill C-53 does not grant Métis governments and the Government of Canada the ability to enter into treaties regarding any rights or claims that pertain to land or resources. Procedurally, this is interpreted as a limitation rather than an expansion on the scope of the bill. Therefore, the amendment is admissible. If it were to be an expansion, it would not be admissible, but because it's a restriction, it is admissible. That's why it's on the table before us for discussion.

With that, I have Ms. Idlout, Mr. McLeod and then Mr. Schmale on my speaking list.

Ms. Idlout, I go to you first.

11:40 a.m.

NDP

Lori Idlout NDP Nunavut, NU

Qujannamiik.

I'm thankful for the few minutes that we had for a break. Thank you to Jaime for asking those very important questions, because that definitely made me reconsider whether I'd support this amendment.

I'm sorry, Michael, but can you repeat what you said about treaties evolving? How did you say that again?

11:40 a.m.

Federal Negotiations Manager, Negotiations - Central, Treaties and Aboriginal Government, Department of Crown-Indigenous Relations and Northern Affairs

Michael Schintz

I'm happy to try to repeat what I said moments ago.

The Department of Crown-Indigenous Relations is increasingly developing policy positions, for example, and expanding on the mandates we have at negotiation tables to recognize that treaties, rather than taking the full and final approach, or what used to be called the certainty approach, need space to evolve over time. They're enduring documents that are meant to provide added clarity and predictability around what is ultimately an evolving relationship.

The point I was trying to make earlier is that to put this limitation on self-government treaties that are contemplated in this bill with the Métis Nation of Ontario, the Métis Nation of Saskatchewan and the Métis Nation of Alberta is to put a limitation that hasn't been placed on the other aboriginal peoples of Canada as recognized in the Constitution.

11:40 a.m.

NDP

Lori Idlout NDP Nunavut, NU

Thank you. I really appreciate your repeating that and helping to clarify.

I think that what I do need to say is that treaty-making was never a fair process for first nations. First nations were never heard in the same way we're hearing these three Métis nations in Ontario, Saskatchewan and Alberta. In that sense, Bill C-53 is unprecedented, as first nations during their negotiations did not have the same weight given to their voice by the federal government. When we're hearing about treaties never really being implemented the way they were intended to be, it has been a concern for over 150 years, so when it came to this bill and the concepts of treaty and self-government for Métis, it naturally flowed to the concerns and issues of first nations and other Métis over the last 150 years.

I think that's why this scrutiny was so important, so that when we're seeking fairness, we're seeking fairness for all indigenous peoples and for those first nations that were not given the same opportunities, through words like what you said, Michael—that the relationship with first nations is evolving and that treaties need space to evolve. It opens the doors for first nations to come back to you to make sure that treaties are evolving. When we're talking about treaties that, for example, might have been silent on water, they still need to be allowed to discuss water.

We know, for example, that there have been years of concerns about rights not being respected because of treaties towards indigenous peoples. This conversation helps to open the doors to first nations that have not been treated with equity, to first nations and other Métis who have not been given the same opportunities that we've heard of today.

Having said that and having heard your explanation about what this limits for future treaty-making, those limits existed for first nations, but I will still oppose.... I've changed my position on this provision. I will oppose this amendment because of what we've heard, because of what we need to do to uplift all indigenous peoples.

Qujannamiik.

11:45 a.m.

Liberal

The Chair Liberal John Aldag

Thank you, Ms. Idlout.

Next I have Mr. McLeod.

11:45 a.m.

Liberal

Michael McLeod Liberal Northwest Territories, NT

Thank you, Mr. Chairman.

I apologize for being late. My computer decided to update itself and then wouldn't let me sign in.

I'm listening with great interest and, I guess, a little bit of surprise, as a Métis person and an MP who represents a riding with three different Métis organizations, two in negotiations and one that has an application in for negotiations. We've already settled with a number of Métis across the territories on this very issue. In the Northwest Territories, the Métis—the Northwest Territories Métis, the Métis across the Mackenzie and the Dehcho—are negotiating land. They're negotiating royalties. They're negotiating regulatory participation. They want to be part of the decision-making.

I find it strange, when we have all of these indigenous governments working towards rebuilding and reconstituting their nations, that we have an MP from Alberta, which is an hour and a half away from me, trying to do the opposite. I feel that Mr. Viersen is blocking his own constituents from moving forward, and it's certainly creating a wedge, I think, among the Métis people in Alberta. I have talked to the Métis Nation of Alberta. I've talked to the Métis Settlements. They want the exact same thing that the Métis in the Northwest Territories are negotiating and in some cases have already settled.

We're really going to have a double standard across the country if we have one group of Métis enjoying all of the benefits of being partners with governments, where they can stand shoulder to shoulder and be part of decision-making. It's something that we've never had for 150 years. We didn't sit at the table when decisions were made, but we need to be there. The intention of all these agreements all across the country was to be able to coexist and to co-manage. This certainly doesn't lend itself to that.

I think the injustices that were done in the past when it came to the scrip with the Métis may not have been totally the government's fault, but they're the ones that brought in the scrip traders, who bought up all of the scrip agreements to the point where, in the north and even in part of Alberta, I think, they took the land issue out of the scrip because they were being swindled. The Métis were being swindled. As the people were coming across—the government parties and the treaty parties—they were bringing wagonloads of whisky and they were taking the scrip as people were signing it. The scrip in the Northwest Territories doesn't include land because they felt that it was wrong, and the rest of the country was becoming very aware of what was happening and raising concerns.

Let's not forget that the Métis in Alberta and the Métis included in this bill all have protection under the Daniels case. If this amendment is going to go forward and gut the intention of what some of these indigenous governments are trying to achieve, we're going to end up in court. I feel that it certainly goes beyond the bill. I feel that it's just going to stick a stick in our spokes. We should be working toward supporting indigenous governments to stand on their own two feet. That means we have to settle all these different issues.

Treaties are intended as, and should have always been treated as, living documents, agreements that are evergreen—on Treaty 5 or Treaty 10 or whatever the case may be—with increments where a review is done. What is agreed on today is not necessarily right for tomorrow. We have a number of land claims that are settled in the Northwest Territories. Many of the indigenous governments are looking back and saying, “Well, things have evolved so much that some of these sections of our land claims agreement or self-government agreement don't make sense anymore. We need to redo them.”

It's a little bit upsetting to see this amendment come forward from the Conservatives. I thought we were all on the same page, moving forward with trying to make sure that Métis governments, first nations governments and Inuit were all on the right path to have some wrongs from the past righted, but I don't think this amendment does that. Rather, I think it would cause a lot of problems for the Métis, and that's certainly not fair, because they're the only ones who are going to be dealing with this. You never see this with an Inuit agreement; you never see this with a first nations agreement, and you don't see this with other Métis organizations and governments. It's just with the ones involved in this bill.

11:50 a.m.

Liberal

The Chair Liberal John Aldag

Thank you, Mr. McLeod.

I'm going to go to Ms. Rempel Garner first, and then Mr. Schmale.

11:55 a.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Thank you, Chair.

I'll just say this. I have been following this debate and I am very struck by the flawed nature of the bill. I find it deeply disappointing that a government that is purportedly trying to progress in a spirit of reconciliation would put forward a bill that is just so flawed that it's actually pitting people, stakeholders, against each other as opposed to trying to come up with common ground, and here we are today. I frankly don't understand why we are debating a bill that has caused so much division. The actual spirit of debate on this has been antithetical to reconciliation.

I'll just leave it at that. This is unbelievable.

Thank you.

11:55 a.m.

Liberal

The Chair Liberal John Aldag

Thank you.

Now, Mr. Schmale, you're next on my list.

February 5th, 2024 / 11:55 a.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Thank you, Chair.

I appreciate the comments by my colleague Michelle Rempel Garner. I couldn't have said it better myself. Michelle has come to this committee, for what I believe is the first time, as we are studying this bill, and in this one meeting she has recognized the amount of division this government has caused with this bill. It's truly unfortunate, especially given the extra time they had to work on this bill. For how many months had they promised to table this bill, and it was tabled only at the last second before we recessed in June.

It's extremely frustrating. They should have done their homework but they didn't, and because of that we have a bill in which indigenous groups are against indigenous groups. That's truly unfortunate.

That being said, we do recognize the comments from the stakeholders. We do recognize their feelings on this amendment, and we accept those as they were brought to our attention.

I move that we withdraw this amendment.

11:55 a.m.

Liberal

The Chair Liberal John Aldag

To withdraw that, I require unanimous consent.

I'm looking around the room to see if we have unanimous consent to withdraw CPC-5.01. There is unanimous consent.

(Amendment withdrawn)

(On clause 15)

Do we have any discussion, any speakers on clause 15?

Seeing none, I'll call the question on clause 15.

(Clause 15 agreed to on division)

Shall the short title carry?

11:55 a.m.

Some hon. members

Agreed.

11:55 a.m.

An hon. member

On division.

11:55 a.m.

Liberal

The Chair Liberal John Aldag

Next up we have amendment CPC-11. Does anyone want to move CPC-11? I do have a ruling by the chair on CPC-11 should it be moved. Mr. Viersen put forward amendment CPC-11.

Amendment CPC-11 is not being moved.

Shall the preamble carry?

11:55 a.m.

Some hon. members

Agreed.

11:55 a.m.

An hon. member

On division.

11:55 a.m.

Liberal

The Chair Liberal John Aldag

Shall the title carry?

11:55 a.m.

Some hon. members

Agreed.

11:55 a.m.

An hon. member

On division.