House of Commons Hansard #73 of the 39th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was peoples.

Topics

Status of WomenCommittees of the HouseRoutine Proceedings

4:20 p.m.

NDP

The Deputy Speaker NDP Bill Blaikie

Before we resume debate, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Etobicoke Centre, Violence Against Women; the hon. member for Kitchener Centre, the Manufacturing Industry; the hon. member for Moncton—Riverview—Dieppe, Ethics.

Resuming debate. The hon. member for Abitibi—Témiscamingue.

Status of WomenCommittees of the HouseRoutine Proceedings

4:25 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I will be sharing my time with the member for Laurentides—Labelle, who knows a great deal about women's rights—because this motion comes from the Standing Committee on the Status of Women—and who may go into a little more detail.

First of all, I look forward to the day when this House stops playing politics at the expense of our indigenous peoples. Members of this House have been debating about recognizing the indigenous peoples of the world for 20 years. I remember where I was on June 29, 2006, when the UN Human Rights Council voted 30 to 2 to adopt the text. I was in eastern Quebec, on my way to meet with the Mi'kmaq in New Brunswick and Gaspé.

The first question I asked my assistant was whether Canada had really voted against this resolution. The answer was yes. I could not believe it.

The Conservatives had been in power since January 2006. I do not want to talk further about the Kelowna accord. They did what they had to do: they cancelled it. Yet in 1986, all the parties in this House, including the Conservatives, began working on the Declaration on the Rights of Indigenous Peoples. Work continued under the Liberals. The point I am trying to make is that Canada has always been an undisputed leader in creating a declaration on the rights of indigenous peoples.

When I travel around the world, it makes me extremely uncomfortable to have to say that Canada cannot recognize its indigenous peoples, especially in light of the first article of the Declaration on the Rights of Indigenous Peoples. Let us look just at this article, because I only have 10 minutes. I do not want to go any further, even though I could talk at length about this. Article 1 is worth examining.

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.

Whether our Conservative friends like it or not, this declaration was adopted by a vote of 143 to 4. Canada cast one of the four votes against the declaration.

I do not understand and will not accept that, in Canada, indigenous peoples are considered inferior. That is how the Conservative government treats them now, by not allowing them to benefit from the Declaration on the Rights of Indigenous Peoples. The full declaration shows that this is exactly what indigenous peoples are calling for.

Today, at precisely 4:30 p.m., the Standing Committee on Aboriginal Affairs and Northern Development will hear from Mr. Erasmus.

Members will recall the Erasmus-Dussault report, at least I hope someone from the other side of the House remembers and that this will ring a bell for someone. Although in 2006 we celebrated the 20th anniversary of the tabling of this report, it has yet to be implemented. We treat aboriginals in Canada as inferior beings, and it is unacceptable. The committee will hear Mr. Erasmus at 4:30 p.m.

The government is trying to implement legislation to shirk its responsibilities. But its primary responsibility should be to recognize the Declaration on the Rights of Indigenous Peoples. In a nutshell, the declaration says that the chief expression of recognition of full status as a people is the right to self-determination. This is clear in Article 1, which I read a few moments ago. Indigenous peoples have the right to self-determination. It is not complicated.

That is what aboriginal people want. They do not want to hear another word about the Indian Act, which is paternalistic legislation, to say the least in parliamentary language. To read the Indian Act the way I have read it in the past few months and the past year is to realize there is no worse legislation in Canada. I do not know of any other country that governs people from their birth to their death—and beyond—and in the way the Indian Act does. It controls aboriginals from time they are born and then, in a very paternalistic fashion, dictates how they will be educated, what schools they will attend and how much schooling they will receive. If by some misfortune, an aboriginal person wants to pursue post-secondary education, he or she needs authorization from the department to get funding.

This has to stop. It is extremely important that we adopt the United Nations Declaration on the Rights of Indigenous Peoples. Rest assured that when the time comes to vote on this motion, there will be one party standing alone in this House and that is the Conservative Party. I hope that party pays the price for it among the first nations. The claim that the Conservative Party has gotten closer to the first nations is rather dubious.

I do not want to do any advertising—I am not allowed to and I am glad about that—but I invite all those watching me today to see the latest film by Richard Desjardins and Robert Monderie, called The Invisible Nation. The title says it all: they cannot be seen, because others will not look. This film deals with the situation of aboriginals in Canada, just north of here more specifically. For those who do not know it, Ottawa's Parliament belongs to the Algonquians. We are on Anishnabe territory; from here to James Bay we are on Algonquin territory. This film shows how Algonquians have been treated in the past few years.

The best example is Maniwaki, in the riding of the Minister of Transport, Infrastructure and Communities. Aboriginals have been pushed back as far as possible to a reserve that is now called Kitigan Zibi, just before entering Maniwaki.

I will close by saying that the Bloc Québécois will support this motion. It is time we recognized the aboriginals for who they are. They are a people and proud of it. We should adopt this motion as quickly as possible and join the great group of nations by becoming the 144th country to recognize the United Nations Declaration on the Rights of Indigenous Peoples.

Status of WomenCommittees of the HouseRoutine Proceedings

4:35 p.m.

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I appreciate hearing the presentation from the member opposite who sits on the aboriginal affairs committee with me. We often have disagreements on our perspectives and I must admit that today is no different.

I think the member referred to Canada as treating aboriginal peoples as inferior peoples. I would humbly argue that, for instance, in relation to extending the Canadian Human Rights Act to first nations people, our intention was to extend the full benefits of the Canadian Human Rights Act. However, that member and his cohorts in the other opposition parties attempted to water that down as much as possible.

My point would be that in no way do we suggest that aboriginal people should be considered inferior peoples. They should have all the benefits and rights that all Canadians have.

I want to also ask this member a question in relation to the declaration itself.

Canada has one of the largest aboriginal populations in the world, a population that is recognized in our Constitution. If we as a nation believe that it would not be possible to implement these measures, in light of the things that I have already been talking about today, such as our constitutional obligations with the massive number of treaties that we have negotiated throughout the years with first nations peoples which have brought clarification to the lands within our great country, for which business and immigrants have developed, how could we implement this declaration?

We are not like the Liberal Party where we will sign on to international declarations, such as the Kyoto accord, and simply do nothing. We take these obligations very seriously and, as such, that is why we did not sign.

However, I would ask him a question that I have been asking other members today. How is it that we could reconcile these facts--

Status of WomenCommittees of the HouseRoutine Proceedings

4:35 p.m.

NDP

The Deputy Speaker NDP Bill Blaikie

The hon. member for Abitibi—Témiscamingue.

Status of WomenCommittees of the HouseRoutine Proceedings

4:35 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I will respond to the first question.

Contrary to the Conservative Party, we listened to the first nations, which is why we have amended this bill that the government does not want to reintroduce to the House for a vote, a bill that is about repealing section 67 of the Indian Act.

When they show us that they want to reintroduce it to the House, then we will talk about it seriously. I, for one, will talk seriously. Article 2 states: “Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.”

I have the French translation, for my colleagues across the way.

In response to the second question, we should be sitting, discussing, signing treaties; that is how we will implement the declaration on indigenous rights. It is the only way to move ahead, but this is not how they want to do it, because they are too afraid that their friends, the oil companies out west, will suffer if we implement the declaration on indigenous rights. That is the real reason.

Status of WomenCommittees of the HouseRoutine Proceedings

4:35 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I am looking at a letter from the Assembly of First Nations chief, Phil Fontaine, who has written a critique of the government's excuses about why it cannot implement the declaration. He talks about the government's actions on education, drinking water, et cetera. He says that the government keeps insisting that it has moved on land claims, education, housing, child and family services and safe drinking water, and that this is somehow enough.

Chief Fontaine indicates that these actions are expected of any national government. He says that these are simply the things that a national government does and that it should not be used as an excuse to undermine the constitutional responsibility for indigenous peoples and their human rights.

I wonder if the member would comment on that.

Status of WomenCommittees of the HouseRoutine Proceedings

4:40 p.m.

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I will reply to my colleague and I will start by thanking her for bringing this debate to the House. Contrary to what our Conservative friends believe, these three hours are not a waste of time. In fact, these three hours are an investment in the development of aboriginal peoples.

In response to my colleague's question, I invite her, as well as our Conservative friends, to read and reread article 7 of the declaration. “Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.” That includes the right to housing that is not full of mould and to potable water. Today, in 2008, aboriginal communities located 165 km from here live in conditions of another era.

Status of WomenCommittees of the HouseRoutine Proceedings

4:40 p.m.

Bloc

Johanne Deschamps Bloc Laurentides—Labelle, QC

Mr. Speaker, I would like to defer to your good judgment and ask that you please give me a signal, because I often digress and lose track of time.

I thank my hon. colleague from Abitibi—Témiscamingue for his frank and honest speech. I am pleased to take part in today's debate on the United Nations Declaration on the Rights of Indigenous Peoples.

The Bloc Québécois is always right in there when it comes to denouncing injustices, especially when they affect the most marginalized members of our society. In this case, we are talking about aboriginal peoples, who are among the least fortunate and most mistreated of all. Their rights are constantly being violated by national governments, even when those rights are enshrined in the law.

This is particularly true in the case of aboriginal communities in Canada, and this is because of the incompetence of various federal governments and because of the Conservative government's ideological blindness. This is why it is so urgent to recognize and protect aboriginal peoples' rights.

This incompetence was confirmed in June 2006 when over 30 member countries of the UN Human Rights Council voted in favour of this declaration, while Canada and Russia were the only two countries to oppose it.

A few weeks later, Canada joined with the United States, Australia and New Zealand to pressure African countries and other governments that had initially declared their support for the declaration.

These actions are unworthy of a country like Canada, which has always been very concerned about defending human rights.

As a Quebecker and representative of the Quebec nation, I am ashamed of this Conservative government's attitude on the world stage. It is doing a disservice to the reputation of Quebec and Canada through its disdainful actions regarding the respect of human rights, equality, non-discrimination, good governance and good faith.

By contrast, the Government of Quebec has taken concrete action in favour of the rights of first nations peoples living within its borders, particularly through the Peace of the Braves and James Bay agreements.

It is high time Canada did the same and stopped considering aboriginal peoples as second class citizens who must live in conditions that are often comparable to those of third world countries.

Since this Conservative government was elected, the leadership and flexibility Canada had shown since the start of negotiations became things of the past.

In the last year, Canada has become one of the fiercest and most aggressive opponents of the declaration, and has pressured a number of countries to reopen negotiations and water down the current declaration.

The Conservative government uses more financial and human resources than any other country, and mainly targets countries that have a less than stellar human rights record.

The Standing Committee on Status of Women decided to look at this declaration because of the horrible situation facing aboriginal women in Canada, and the lack of consideration the Conservative government has shown for them since it was elected in January 2006.

Let us talk about aboriginal women, since in our roles as Bloc Québécois status of women critics, the member for Laval and I have heard all kinds of things at various meetings of the Standing Committee on Status of Women.

The testimonies, figures and statistics are appalling when it comes to describing the situation facing women on and off aboriginal reserves.

According to the organization Quebec Native Women:

Violence against women remains a very widespread problem within Indigenous communities in Quebec, as well as in the rest of Canada. Female victims of domestic violence and sexual assault are subject to a number of physical, psychological, economic and social prejudices. Guilt, shame and fear also come into play and have major repercussions on them. The consequences of this violence on the victims’ moral and financial autonomy, on their social participation and on their physical and psychological health as well as their families’ health and welfare, are very serious.

In addition, aboriginal women are more likely than any other group of women in Canada to be victims of domestic violence. A number of studies confirm that this population has a higher rate of domestic violence. Although very few statistics are available on the rate of violence against aboriginal women in communities in Quebec in particular, a 2006 Statistics Canada report entitled “Measuring Violence Against Women” shows that rates of spousal violence and homicide are higher among aboriginal women than among non-aboriginal women or aboriginal men. The severity and impacts of spousal violence are also greater for aboriginal women. According to this report, not only do aboriginal women report higher rates of spousal violence, but they are also significantly more likely than non-aboriginal women to report the most severe and potentially life-threatening forms of violence, including being beaten or choked, having had a gun or knife used against them, or being sexually assaulted (54% of aboriginal women compared with 37% of non-aboriginal women). Consequently, aboriginal women were more likely than their non-aboriginal counterparts to have suffered physical injury, received medical attention, taken time off daily activities as a consequence of the assaults and experienced 10 or more separate episodes of violence from the same perpetrator, and were more likely to fear their lives were in danger.

The same agency, in the document entitled “Indigenous Women and Violence”, added the following:

Thus Indigenous identity has been broken down for purposes of colonial and later federal policy into the categories of Métis, Inuit and Indian, with the latter further broken down into status and non-status Indians. ... These categories have little to do with culture, upbringing or identity and everything to do with administration, bureaucracy and an apparently continuing federal policy of assimilation that persists to this day. These inequalities breed violence, such as postcolonial structural inequalities, family violence, bloodism, racialized and sexualized violence, and gender violence. They also lead to poverty, lack of access to adequate housing, including the lack of access to matrimonial property rights, lack of access to justice, low education and employment rates, low health status and little or no political participation.

On June 22, 2007, the then Minister of Canadian Heritage and Status of Women announced new funding to help increase funding currently allocated to aboriginal women's shelters. However, that announcement was not publicized at all, which prevented a number of communities from filing applications to meet their critical needs in that area. Once again, the Conservative government managed to turn a good intention into an administrative catastrophe.

On behalf of the Bloc Québécois, I want to reiterate to all aboriginal peoples our support for the United Nations Declaration on the Rights of Indigenous Peoples. I also hope Canada's aboriginal women and Canada's aboriginal communities will one day receive the same respect from their government that Quebec's aboriginal communities receive.

Status of WomenCommittees of the HouseRoutine Proceedings

4:50 p.m.

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, the member finished her presentation on this matter with her party's position, which is that her party supports this declaration on indigenous rights.

In light of the fact that Quebec City is having a 400-year anniversary this year, is she suggesting that her province return to 400 years ago as a legal context in that province? Is she suggesting that Quebec should renegotiate with its first nations people?

Status of WomenCommittees of the HouseRoutine Proceedings

4:50 p.m.

Bloc

Johanne Deschamps Bloc Laurentides—Labelle, QC

Mr. Speaker, I would like to thank my Conservative colleague for his remark and comments. I will speak to him about the Peace of the Braves. I do not know if he has ever heard about this agreement. In Quebec I do not think that we have to go back 400 years to show what happened after it was signed. I quote the premier of Quebec at the time:

The signing of this agreement between our two peoples [the Quebec nation and the Cree community] paves the way for cooperation based on mutual respect, dialogue and trust. In many respects, our two nations are innovating and leading the way. Other countries are already watching us. This is an unique opportunity to show them our desire and determination to turn this partnership into an outstanding success.

I invite my colleague to do the same by signing this agreement that has been long awaited by our aboriginal communities.

Status of WomenCommittees of the HouseRoutine Proceedings

4:50 p.m.

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, it is an honour to rise in this House at any opportunity, especially in relation to aboriginal issues. These are the most important issues to me over the last two years that I have been in this House. As a parliamentarian of Métis descent, it is always a great honour to speak in relation to these issues.

Canada's decision to not support the UN Declaration on the Rights of Indigenous Peoples has resulted in some controversy and, of course, we have seen some of that today. In my opinion none of it is warranted.

By voting against the adoption of this declaration at the UN, Canada put on record its disappointment with both the substance and process. At the time of the vote, Canada indicated our understanding that this declaration was not a legally binding instrument. It has no legal effect in Canada and its provisions do not represent customary international law.

I would like to take this opportunity to reiterate this core message. The declaration is not a legally binding instrument. However, hearing the opposition parties speak about it, they would have us assume that in fact it should be implemented in Canada.

The opposition parties are calling upon our government to implement the standards in the declaration. Yet, United Nations declarations are statements only of political commitments and objectives. While they reflect the aspirations of states which support their adoption, they are not intended to be legally binding instruments.

Second, in the context of this particular declaration, let me remind everyone that Canada has voted against its adoption. This means that the concerns of Canada were such that it could not support the text as drafted. Therefore, calls to implement the standards of this declaration are misguided since Canada did not support the declaration internationally. It does not support it at home in light of many of the issues that I have been raising here in the House this afternoon.

For over 20 years Canada helped lead international efforts toward a declaration that would promote and protect the rights and freedoms of every indigenous person, as well as recognize the collective rights of indigenous people around the world.

In the final analysis, however, the declaration was seen to be a flawed instrument that lacked clear practical guidance for states and is subject to competing interpretations. As such, Canada could not support its adoption.

As a country committed to the protection of aboriginal rights, Canada takes the precise wording of this declaration very seriously. Canada is not willing to support this instrument simply because it is expedient to do so. Voting against adoption of the UN declaration was of course a gutsy, if not difficult move, one that put actions above rhetoric and principle above posturing.

I have already referenced how the previous Liberal government was quick to sign on to the Kyoto accord, but of course had no intention of following up any of its founding principles.

Our government takes international declarations seriously and as such we have chosen not to sign on or vote for this draft declaration.

Canada has taken numerous concrete actions to ensure that the rights of indigenous people are safeguarded both within Canada and around the world. On the domestic front we have introduced two key pieces of legislation that will extend legal protection to first nations people who currently do not have access to either the Canadian human rights tribunals or provincial and territorial courts that would protect their matrimonial real property rights.

The interesting thing about both of these initiatives is that they are being opposed by the very parties that are currently creating such a fuss about Canada's refusal to support the UN declaration. Without putting too fine a point on it, it strikes me as ironic, if not somewhat hypocritical, for certain aboriginal organizations and opposition parties to condemn the government for its principled stance on the UN declaration, while at the same time creating such enormous obstacles to the passage of both Bill C-21 and the Family Homes on Reserves and Matrimonial Interests or Rights Act.

In the last few years Canada has taken enormous strides in rectifying past wrongs and moving forward on initiatives that will ensure protection of the rights of indigenous people here in Canada. Indeed, aboriginal and treaty rights are protected in our Constitution and are safeguarded under numerous self-government and land claims agreements, federal legislation, and through judicial decisions going as high as the Supreme Court of Canada.

Recently, we introduced Bill C-30, legislation that was developed jointly with the Assembly of First Nations. This bill would establish an independent specific claims tribunal, thereby bringing greater fairness to the specific claims initiatives and would be handled in a way that would speed up the resolution process. This government is working with willing partners on a host of other key initiatives, including housing, water, child and family services, education and self-government.

Why did Canada vote against the UN declaration? As I have already said, it was a flawed document that, upon its final ratification, was not incorporating the key elements that we suggested, as a country, be brought into it.

Over the course of the past 20 years, Canada worked hard for a declaration that would promote partnerships and harmonious relations between indigenous people and member states that would strike an appropriate balance between the rights of indigenous people and the rights of others. The final text of the declaration did not meet these objectives.

For example, in relation to indigenous rights to lands, territories and resources, the provisions in the declaration are unclear and open to interpretation. The declaration states that:

Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

The member opposite from the Bloc just referenced how her province has a number of signed agreements since the founding of Quebec, but of course what is contemplated here sets that aside, though she did not mention that in her answer.

This statement could be used to support aboriginal claims to ownership rights over much of Canada, even where such rights have been dealt with lawfully and in good faith in the past.

Another problematic issue is that of self-government for aboriginal people. While the document expresses an ideal shared by many Canadians, it lacks the clarity and definition that would make the actual implementation of self-government feasible. For example, there is no effective guidance about how indigenous governments should interact with provinces, territories and municipalities and, of course, the Government of Canada. Nowhere does the document provide explicit direction on matters of jurisdiction and financing.

Yet again, this is an issue on which Canada is leading the way. Our country has amassed considerable experience in the area of aboriginal self-government and has developed an array of effective tools. Our aboriginal people travel around the world talking about the very successful aboriginal governments that they are engaging in Canada.

Canada's Constitution provides for the recognition and affirmation of existing aboriginal and treaty rights. Our courts interpret the content of this recognition and protection. In many ways, an endorsement of the UN declaration would represent a step backward for Canada. It could well negate much of the progress already made on self-government, reignite divisive debates, and ultimately erode popular support for aboriginal and treaty rights.

In spite of Canada's decision to vote against the UN declaration, we continue to embrace numerous human rights treaties, including the International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child and the International Convention on the Elimination of All Forms of Racial Discrimination. Canada continues to take action on the basis of such instruments and within our domestic legal framework.

One of the key, modern day challenges facing indigenous people around the world is equitable access to digital communications technologies. To ensure that aboriginal people in this country, particularly those living in remote communities, can access digital technologies, the Government of Canada established the SchoolNet program more than a decade ago. The program continues to provide Internet connections and supportive services to remote first nations schools. Another program, the Aboriginal Canada Portal, significantly improves access to a broad range of content relevant to aboriginal people.

Canada has also played a lead role in connectivity for indigenous people around the world. In 2002, when the United Nations endorsed a proposal for a world summit on the information society, Canada took action to ensure that indigenous people would participate.

Thanks to this country's diplomatic efforts and financial support, indigenous groups from around the world took part in the Geneva and Tunisia conferences. As a result, the final statement from the summit includes this article, which states:

In the evolution of the Information Society, particular attention must be given to the special situation of indigenous peoples, as well as to the preservation of their heritage and their cultural legacy.

The world summit process also led to the establishment of an international indigenous web portal. Owned and operated by indigenous people, the portal aims to foster links among indigenous communities around the world and that portal is an invaluable tool that will help indigenous people advance and protect their rights and interests.

Another fine illustration of Canada's commitment to international indigenous groups is a program funded by the Canadian International Development Agency. The indigenous people partnership program is a pilot program that links aboriginal groups in Canada with indigenous partners in Latin America and the Caribbean.

These cross-cultural projects generate valuable opportunities to forge new partnerships, exchange best practices and share knowledge, experience and expertise as a means of contributing to the improved well-being of indigenous people throughout this region. These projects enhance the capacity of local organizations and these indigenous communities to become self-sufficient.

Canada has also played a leading role in ensuring that aboriginal people are represented in international decision-making bodies. The Arctic Council, for example, was established through the Ottawa declaration in the early 1990s. The council was a high level intergovernmental forum that engaged inhabitants of our Arctic Region, including indigenous people, on these important issues, such as sustainable development and environmental protection.

Canada is also a leading supporter of the Inuit Circumpolar Council, a non-governmental organization that represents some 150,000 Inuit living in four countries. The council promotes Inuit unity, rights and interests.

Canada has worked tirelessly with the United Nations to advance the rights and interests of all people of the world, including indigenous people. This country has played an active role in creating the UN permanent forum on indigenous issues, arguably the most important mechanism to recognize and promote interests and rights of indigenous people.

Canada has also contributed to the creation of the expert mechanism on the rights of indigenous people and supports the renewal of the mandate of the special rapporteur on the situation of human rights and fundamental freedoms of indigenous people.

These actions clearly demonstrate Canada's determination to advance the rights and interests in indigenous people throughout the world, but especially in Canada.

Unlike these agreements, the UN draft declaration on the rights of indigenous people, as I have said, lacks clear, practical guidance for states. Canada, along with other key nations, did not participate in the negotiations that produced the final text.

I am convinced that once my hon. colleagues carefully consider the motion now before us, they will recognize its imprecise language, reject its faulty logic, and join me in voting against it.

The opposition parties have said that Canada's concerns are overstated, yet proponents of the adoption of this draft declaration are calling on aboriginal groups to use the declaration in their negotiations in Canadian courts and to demand that the federal government bring policies in line with the declaration itself.

In a country like Canada, with strong democratic institutions, it is easy to take the issue of human rights for granted. Here the rights of indigenous people are recognized and affirmed in our Constitution and in our legal system. Regardless of the declaration, Canada will continue to take effective action at home and abroad to promote and protect the rights of indigenous people across our country, and of course, we will also work on extending existing human rights obligations and commitments.

Such effective action, I must be clear, will not be undertaken on the basis, though, of this declaration.

Status of WomenCommittees of the HouseRoutine Proceedings

5:05 p.m.

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I listened with great interest to the parliamentary secretary's speech. I noticed that he mentioned that the Conservatives are claiming to be champions of human rights.

He mentioned specifically Bill C-21, the bill that would have repealed section 67 of the Canadian Human Rights Act. Of course, we know that after extensive hearings at the aboriginal affairs committee, the opposition parties submitted a number of amendments that were in line with the testimony.

One of the articles in the UN declaration talks about appropriate consultation. Arguably, what happened at the committee was not consultation, but at least we had an opportunity to hear from people about their concerns for the bill.

The opposition parties worked hard to put those amendments forward. That bill is now languishing somewhere. If the Conservatives are such supporters of human rights, when will they bring that bill back to the House for report stage, so we can debate it and get it into third reading?

Status of WomenCommittees of the HouseRoutine Proceedings

5:05 p.m.

Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, I find it quite ironic that the member uses the word “languishing”.

When this bill was first brought forward to extend the historic inadequacy of our current context in Canada which prevented first nations people from being able to utilize the Canadian Human Rights Act, this was first brought about by our government in December 2006.

It had been there for over a year in committee, yet she mentions that it is languishing, in light of the fact that there were a number of changes that were brought in by the opposition parties, changes that we felt, unfortunately, did water down much of what the Canadian Human Rights Act represents to Canadians and to all of our citizens.

However, we are currently working to bring this bill back before the House. It is being considered by our government and we look forward to working with the opposition parties to finally move forward and extend the Canadian Human Rights Act to first nations people.

Status of WomenCommittees of the HouseRoutine Proceedings

5:05 p.m.

Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, first, I want to put something on the record. The parliamentary secretary referred to the fact that the opposition was opposed to the government's two bills that it brought in, the repeal of section 67 and the matrimonial real property act.

Let me state for the House, and I think I have said it 17 times already, this party is not opposed to the repeal of section 67 and, in fact, supported it in committee. As to the matrimonial real property, I do not know why he is making up fables. I have no knowledge that this opposition party is opposed to the introduction of matrimonial real property on reserve.

The member opposite talked about the consultation between aboriginal peoples and the government. From February 2006 until the signing of the declaration on the rights of indigenous people in September 2007, there was absolutely no negotiation with indigenous peoples on the declaration.

Why did the government actively lobby other countries to oppose this declaration in spite of the fact that no consultation had gone on with our indigenous peoples? Why would he think first nations and indigenous peoples in our country would want to support a declaration that would give up all the treaties, policies and rights that he says have been in place for 100 years?

Status of WomenCommittees of the HouseRoutine Proceedings

5:10 p.m.

Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, the first part of the question by the member for Winnipeg South Centre suggested that Canada wanted to proceed with the declaration in the text that was negotiated. As we have said, we were not supportive of that declaration. We attempted to continue that negotiation previous to the ratification and that did not occur. The language of the declaration was not something we could support and was not modified to bring about our support.

The member and her party like to suggest they were always supportive of the declaration and that was not the case. The government's civil servants stated that the Government of Canada was not supportive of the declaration for many years, dating back to the previous Liberal government.

However, Liberal Party members like to try to represent that they are supportive of our indigenous peoples, but we can look to actions. Actions speak louder than words. They wanted to bring about some historic important changes through the previous Indian affairs minister, Robert Nault. That was set aside. They suggested some proposals in their dying days with the Kelowna accord. A government perhaps should have done at the beginning of its mandate if it believed that, but it left it right to the end.

We are proceeding with real changes, real important innovations for first nations people, such as the extension of the Canadian Human Rights Act, which I hope will happen. This was delayed for many years by previous governments.

I will address the member's comments in relation to the declaration's text, which contemplates bringing countries back to a pre-context state. This is in the declaration itself. Some groups would like see many of the treaties opened up. Groups in Quebec would like to see the province return to a pre-Cartier moment.

This is simply the case of the text. The text speaks for itself. As a government that is responsible for this negotiated history, we must stand up for what we believe is the most appropriate action for Canada.

Status of WomenCommittees of the HouseRoutine Proceedings

5:10 p.m.

Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, one of the people whom I have really enjoyed listening to in the House is the hon. Parliamentary Secretary to the Minister of Indian Affairs. He always speaks logically and very knowledgeably.

He brought up Robert Nault and he alluded to the Kelowna accord. What is his assessment of the government's courage in doing the right thing with reference to Robert Nault's suggested bill, which I thought was a pretty good bill, but it was not followed through, and with what I would call the mirage of the Kelowna accord?

Status of WomenCommittees of the HouseRoutine Proceedings

5:10 p.m.

Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, my colleague has referenced a few different initiatives by the previous Liberal government. There is no question that one of them was quite substantive. A lot of effort was put in to the First Nations Governance Act. Unfortunately, that was the first thing the member for LaSalle—Émard set aside when he was finally successful in his coup of that government.

In relation to what is called the Kelowna accord, this has been a debate among myself and the member opposite for some time. I will not deny that proposals were brought about by the previous government at a meeting in Kelowna. However, I cannot accept the fact that there was a signed agreement at Kelowna. It is simply not part of Canada's history. This is a deception, which is the only way that I can put it.

To add more credibility to that meeting by suggesting that there was a signed accord is something that I cannot accept. At every opportunity when it is raised, I will point out the truth of the matter, and that is what I am doing today.

Status of WomenCommittees of the HouseRoutine Proceedings

5:15 p.m.

Liberal

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I am proud to speak to the motion today. I thank the member for putting it forward. It is a very important debate on this issue.

I will start with a quote from the National Chief of the Assembly of First Nation. It is with regard to the legal questions around Canada's arguments against the UN declaration.

National Chief Phial Fontaine said:

We believe that Canadians are fair-minded people who care deeply about human rights and that they do not want their government to pick and choose when they will apply and respect human rights. Canada has made a commitment to uphold the highest human rights standards in international and domestic law.

We remind Canadians that it is not too late for the federal government to reverse its opposition to the UN Declaration, as Australia has promised to do. We expect the legal panel will agree with other legal advisors and international experts by reaffirming that the UN Declaration is consistent with the rights guaranteed under section 35 of Canada's constitution and all other domestic laws and international human rights laws.

I say that because we hear from the government repeatedly that it would not support the UN Declaration on the Rights of Indigenous People because it did not fall in line with domestic law.

Before I proceed any further, Mr. Speaker, I am splitting my time with the member for Don Valley East.

I will speak to this issue and the UN declaration in terms of women's issues, as put forward by the status of women critic for the NDP. I represent a riding which has numerous aboriginal communities, including first nations and Métis communities. Over the last two years and some months, I have had the great privilege to meet with women throughout my riding. I have had the opportunity to have forums on issues pertaining specifically to first nations women, in particular, as we move forward with the government's legislation, a government that claims to be concerned with human rights for aboriginal women and children. It has been unequivocal in the minds and hearts of aboriginal women in my riding that their priorities are their families and children.

We have had in this current Parliament, under the Conservative government, a rare opportunity to have a true dialogue, a true consultation. In fact, when we talk about legislation and when there is the possibility that we might infringe on aboriginal and treaty rights, there is a legal premise, as laid out in our Constitution, section 35, that the federal government has a duty to consult.

That all sounds very legalese and the UN Declaration on the Rights of Indigenous People often sounds legalese, but we are talking about the day to day issues. When it comes down to the day to day issues of life as it affects women, aboriginal women have been very explicit. They have said that their concerns are directly related to human rights.

For instance, a motion entitled “Jordan's Principle” was unanimously passed in the House. This would ensure that first nations children residing on reserve would receive health services for their complex medical needs. Hundreds of children in my riding are not receiving health services, a basic human right that the government has made no effort to ensure is provided, even though a motion was passed unanimously.

When we are talking about human rights, we are not talking about some concept that is not applicable in people's day to day lives. That is the very reason we have these laws and conventions. The work at the UN on the rights of indigenous peoples has been critical in terms of our domestic law and how we move forward.

Women were very concerned about the whole process of Bill C-21 where the government moved forward without true consultation by claiming that there were 30 years of consultation and that committee hearings fulfilled the duty to consult. We are talking about human rights and yet at the community level we see no new dollars for housing for the people residing on reserves. We have no new dollars for programs to address the issue of violence against women. No effort was made to ensure that the development of the legislation was done in partnership with the Native Women's Association of Canada or the Assembly of First Nations Women's Council.

The government claims that it has the issues and concerns of aboriginal women and children at the forefront and yet it participated in a process toward the development of the matrimonial real property legislation, one of the pieces of legislation in which it chose to participate, in a consultation process, with aboriginal people but when it came down to the actual development of the legislation it did so without the partnership of aboriginal women through the Native Women's Association of Canada or the Assembly of First Nations Women's Council.

I would like to read from a press release that the Native Women's Association of Canada issued. It was the day after the matrimonial real property legislation was tabled. The title of the press release is “'Consultative Partnership' a Sham”. The Native Women's Association of Canada said:

The Honourable Josée Verner, Minister of Canadian Heritage who--

Status of WomenCommittees of the HouseRoutine Proceedings

5:20 p.m.

Conservative

The Acting Speaker Conservative Royal Galipeau

I regret to interrupt the hon. member. We do not name members of the House. You cannot do indirectly what you cannot do directly.

Status of WomenCommittees of the HouseRoutine Proceedings

5:20 p.m.

Liberal

Tina Keeper Liberal Churchill, MB

I did not mean to do that. Thank you, Mr. Speaker.

The...[Minister of Canadian Heritage] who also has responsibility for the Status of Women, suggests that this is the deliverance of equality to women living on reserve as the solutions are now similar to those held by other women in Canada. As President Jacobs explains, this is another level of frustration that NWAC experiences. “Property on reserve is not held in the same way as it is held in the rest of the country. This is a reflection of the unique status of Aboriginal peoples in this country, which in 1982 was enshrined in Canada’s Constitution. Providing the same right as other Canadian women hold does not take account of our unique situation and actually creates inequality rather than protecting against it.”

I read that statement by the Native Women's Association of Canada because it speaks clearly and pointedly to the fact that the government has not, as it claims, moved forward in a process that assures the rights enshrined in the UN Convention on the Rights of Indigenous Peoples are held domestically. In fact, it does have horrible consequences in the day to day lives of people at the community level. What we have seen is a government that has often claimed to move forward in a process but that has been a sham.

Status of WomenCommittees of the HouseRoutine Proceedings

5:25 p.m.

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I appreciate the interjection by the member for Churchill, which is the riding where I was born.

My question for the member relates to much of the theme I have been talking about today, which is the contemplation of the declaration to revert legal status of lands and rights of lands to a pre-contact moment.

Does the member believe that the lands and the mineral rights in her riding should be handed back to the first nations inhabitants of her riding to the point they were previous to contact with Europeans?

Status of WomenCommittees of the HouseRoutine Proceedings

5:25 p.m.

Liberal

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I am a little surprised that the member needs to use the term “inhabitants” rather than “peoples”. I think that in itself speaks to his position around the Declaration on the Rights of Indigenous Peoples.

The parliamentary secretary is well aware that we are currently looking at Bill C-30, the specific claims tribunal act, in which we are moving forward in a process with first nations. It has been very clear that there are many issues in regard to the land, and we have heard from first nations repeatedly. We heard at committee today that first nations are very concerned that Bill C-30 would not deal with the issue of land and that many of the specific claims are around the illegal disposition of lands.

Through the enormous effort of all parties and all Canadians, we have moved forward. As national chief, Phil Fontaine, said, Canadians are fair-minded people and we want to move forward in a conciliatory process. What we are talking about here is relationship building. To use scaremongering tactics in which we talk about a legal premise, which is not even possible within the Constitution of Canada, is a little reckless.

Status of WomenCommittees of the HouseRoutine Proceedings

5:25 p.m.

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, my question is specifically with regard to article 18 in the declaration, which states:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights....

I was surprised to hear the parliamentary secretary earlier refer to what happened with Bill C-21 around the repeal of section 67. I would call what is happening now languishing with Bill C-21 but I was surprised to hear him refer to it as languishing when what we were doing was hearing from representatives from across the country because the government failed in its duty to consult. What happened at committee was not around consultation. It was around dialogue and discussion.

Could the member comment on the importance of consulting and the failure of the current government to fulfill its obligations around matrimonial and real property and Bill C-21?

Status of WomenCommittees of the HouseRoutine Proceedings

5:25 p.m.

Liberal

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I agree that the government has not been very clear about that duty to consult. It seems to think that it is a concept in which one may or may not choose to participate. The federal government has a duty to consult and cannot off-load that duty onto a third party.

What is really important to note is that in the process of Bill C-21 a far greater number than 90% of the witnesses had many suggested amendments for the bill.

The bill in its original form, as the government put forward, was not a context with which most of our witnesses were comfortable. In fact, the ongoing discussions, which were not at all languishing, nor was it irresponsibility on the part of the opposition members, were important discussions around the legal issues, such as a duty to consult, and ensuring that we move forward to not only meet our legal obligations but to develop a relationship with first nations that would truly be a hallmark of how we define ourselves as champions of human rights.

Status of WomenCommittees of the HouseRoutine Proceedings

5:30 p.m.

Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, I am pleased to speak to the motion that the government fully implement the UN Declaration on the Rights of Indigenous Peoples.

Canada was an active participant in the drafting of the UN Declaration on the Rights of Indigenous People over the course of many years. It was a long, overdue declaration that flowed from 20 years of deliberation. A working group of independent experts worked on it. It was debated and refined at the UN and was passed by the UN General Assembly by a vote of 144 in favour and 4 against.

It, therefore, came as a shock to the international community that Canada was one of the countries that voted against this important effort to advance the cause of human rights.

Canada used to be a leader at the United Nations. We were signatories to the UN Universal Declaration of Human Rights and the UN Convention on the Rights of the Child. We, therefore, call upon the Conservative government to respect the rights of indigenous people.

I would like to remind the House that one of the first acts of the Conservatives was to cancel the $5.1 billion Kelowna accord, which was an agreement reached under the former Liberal government.

This was an extraordinary agreement that included the leadership of the Assembly of First Nations, the Inuit Tapiriit Kanatami, the Métis National Council, the Congress of Aboriginal Peoples, the Native Women's Association of Canada and, ultimately, the first minister of each province and territory in Canada. It was a plan that was developed over 18 months by experts in 14 governments across Canada and in our aboriginal communities.

We in the Liberal Party consider it unacceptable that the incidence of infant mortality is almost 20% higher for first nations and that suicide can be anywhere from three to eleven times the national average.

Furthermore, teen pregnancies are nine times the national average.

The Kelowna accord would have doubled the number of aboriginal health professionals in 10 years from the current 150 physicians and 1,200 nurses today. Housing would have also been a national priority for first nations. Under the accord, a national effort would have closed the housing gap on reserves by 40% within five years and 80% within ten years.

The Premier of British Columbia, who was the chair of the Kelowna process, stated the following in the provincial legislature:

I characterize that agreement...as Canada's moment of truth. It was [our] time to do something that had eluded our...nation for 138 years. It was our chance to end the disparities in health, education, housing and economic opportunities.

Canadians are, therefore, dumbfounded as to why the Conservatives have chosen to abandon this historic opportunity to improve the quality of life of our aboriginal people.

Why has the finance minister blown off the surplus without any long term plan on behalf of the federal government to assist first nations? In a country as wealthy as ours, how is it that the Conservatives have no regard whatsoever for first nations? Why do they just pay lip service?

What is it about the UN declaration that they find so difficult to accept? The declaration talks about survival, about dignity and about health and education for aboriginal people. What is it that the Conservatives find so difficult to accept?

When we hear in the House that the Conservatives have done so much for the aboriginal people, it is all rhetoric, all talk, no action and no money.

I am not sure if any members on the government side have gone to the trouble of seeing what it is like to live with a constant boil water order that lasts for years.

I am not sure why the Conservative government is so insensitive to the basic needs of first nations or why it is opposed to an international Declaration on the Rights of Indigenous Peoples. What is so flawed about it that the minister claims he cannot support? What is it that the Conservatives really want for aboriginal communities?