Bill C-44 (Historical)

An Act to amend the Canadian Human Rights Act

This enactment repeals section 67 of the Canadian Human Rights Act and provides for a statutory review, within five years after the enactment receives royal assent, of the effects of the repeal by any parliamentary committee that may be designated or established for that purpose. It also contains a transitional provision with respect to aboriginal authorities.

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, I am so glad that the parliamentary secretary mentioned the $65 million commitment that the past Liberal government made to aboriginal youth suicide. Indeed, on the issue of suicide, if we look at international studies, the single most key factor in terms of health and well-being for any people is self-determination.

Self-determination is the key. As the government moves forward, it has refused to work in a conciliatory fashion. This was reflected in the Kelowna accord, which it has absolutely dismissed, and also reflected in the past government's commitment to first nations in the first nations-federal Crown political accord. Recognition and implementation of first nations governance is the key.

In fact, when we speak about matrimonial real property, there is no consultation. First nations women have voiced emphatically that they are against this. Bill C-44 does not include consultation. We know there is a duty to consult.

Regarding the $6 million family violence strategy that he talks about, I would like to say that I have one shelter for first nation women in my riding which has not received one phone call, not one response regarding this money. It receives about 27% of the funding that the provincial program would receive, so--

[Rod Bruinooge, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

Mr. Speaker, I find it remarkable, coming from the hon. member opposite, to hear her speak about the current government's ways and means for dealing with first nations people when really, truly, she knows that we inherited the shameful situation from the party that she represents.

I have to speak proudly of our record on aboriginal affairs. We are very much committed to moving forward where her party did not.

As recently as April 27, the Minister of Indian Affairs and Northern Development announced a new partnership approach involving the province of Alberta and Alberta first nations, with the implementation of the Alberta response model.

This approach will explore healthier alternatives such as enhanced prevention services to addressing child and family services in first nation communities in Alberta, children holding such tremendous potential for the future of first nations communities. It is essential that we continue to work together to ensure that children enjoy a safe, secure home environment.

On the national stage, we are working with first nations organizations, first nations child and family services agencies, and provincial and territorial leaders to design the first nations child and family services program.

Furthermore, last fall we provided an additional $6 million to the family violence protection program to help ensure that the network of shelters, primarily for women and children who are trying to escape family violence, are better equipped to serve women and children on reserve.

Among our various initiatives on childhood well-being, Canada's new government has committed $65 million to the aboriginal youth suicide prevention strategy.

In the area of first nation education, we have made major progress. In December of last year, this House passed historic legislation, at the centre of which is the agreement signed in July 2006 by Canada, the province of British Columbia and the first nations education steering committee.

This agreement is truly groundbreaking, since it will not only create better learning opportunities for first nations students in British Columbia, but will also offer a model for improvements to first nation education in other provinces.

We know that education is the foundation for social and economic progress. It is in this area that first nations communities and new investments can truly make a real difference. We recently announced the investment of more than $50 million in school infrastructure projects in first nation communities across Canada.

There are some initiatives and systemic reforms that directly benefit first nations children, but this government recognizes that children are also affected in one way or another by the pressures that are facing their families and their communities.

It is for this reason Canada's new government recognizes that the need to act on wider issues can have a real impact on day to day life, so we have taken action to advance legislative solutions to two important issues: discrimination permitted under section 67 of the Canadian Human Rights Act and on reserve matrimonial real property, or MRP.

Bill C-44, introduced last December, proposes to repeal section 67. The Minister of Indian Affairs and Northern Development intends to bring forward legislation to resolve the difficult question of matrimonial real property.

Where the Liberals delayed and dithered, making empty promise after empty promise, there can be no question that this government is acting vigorously and in partnership with first nations, Inuit and Métis to build a better today and a brighter tomorrow for aboriginal children in Canada.

[The Chair, Conservative, Colin Mayes]

That's great.

We have finished the round of questioning. I want to thank the witnesses very much for being here today, for informing the committee on your views and for giving us some insights into other areas having to do with Bill C-44. Thank you very much.

The meeting is adjourned.

[Todd Russell, Liberal, Labrador, NL]

So that's two years after a Supreme Court decision came down. I use it as a point, when people say sometimes the transition period is too short or...well, some people say it's too long if we go to 36 months. You know, it takes time for communities to adjust, once you repeal a law or bring in a law. I simply use that as a point, that the government itself doesn't even have its own vision of consultation down, but then it demands of aboriginal people to define what their vision of adequate consultation is.

I think there needs to be some coming together of that.

I would like to ask Mr. Schulze a question. The government has said, “Well, we don't need this sort of non-derogation clause, or we may not even need this interpretive clause, because people can always appeal to section 35 of the Constitution.” They're referring to the existing aboriginal treaty rights and that type of thing, subsections 35(1) and 35(2), but the government has fought every single one of those in court. Every time an aboriginal group or individual has brought an action based on section 35 rights, the government has fought that. It has usually taken 10 years, on average, at the cost of millions of dollars.

How do you see section 35 as part of this whole debate around Bill C-44?

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

I will wait until Ms. Archibald comes back before asking my next question. I will give her time to get her coffee. I feel that I ought to wait, because I have an excellent question for her, and for you, Chief Beaucage. Take the time you need, Ms. Archibald. It's an important question.

I have two very specific questions for the two chiefs that are here with us today. Our committee also feels that a minimum transition period is required. In my opinion, the time frame needs to be extended to 36 months. We should have both an interpretive clause and a non-derogation clause.

That being said, would you be prepared to ask us to suspend our study of Bill C-44 until your communities have been directly consulted?

Secondly, could you explain in your own words what you understand by satisfactory consultation with your communities?

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

As a representative of the Quebec Bar, would you be prepared to recommend that we suspend our study on Bill C-44 and come back to it later after having evaluated how it would impact first nations, or would you prefer that we continue our study, but introduce your amendments?

[Grand Council Chief John Beaucage]

Thank you very much.

The thoughts on that are quite complex and probably go back many years, as to what band councils have to do to set policies and procedures in their communities for housing, post-secondary education, and any of the services that are provided to their members. All of these policies have been developed over the years to look after traditional customs and processes, and not to take into account the specific aspects of human rights legislation. They look at a local community dispute resolution process.

If there were opportunities for band members to dispute decisions made by the band council, say for housing, where there are not enough resources to look after all of the housing that most communities require.... You may have a situation where a band council chooses one family over another, for whatever reason. The family that doesn't get a house says their human rights are being violated. It might occur dozens of times in many communities. Maybe there is a good reason for the decision, but the basic thing is that we don't have the resources and a decision has to be made.

The same could be said for post-secondary education. There isn't enough money for post-secondary education, so band councils have to decide who gets it and who doesn't. The people who don't get it say their human rights to education are being violated. This can be multiplied in community after community.

I mentioned having our own human rights legislation. If we have our own local dispute resolution process, rather than going to a human rights commission or a court of law outside of the communities, these disputes can be looked after within the community context and at the local level where there's understanding by elders, by community people. These disputes can be worked on in a community milieu where everybody understands what's going on.

As we look at communities that have too few resources and too much demand on community services, there could be concepts of human rights violations in many different aspects. I think our community members, our community administration people, need to understand what a human rights violation is and what it isn't in the context of Bill C-44. We also need to have the resources to make sure we can look after it.

[Anita Neville, Liberal, Winnipeg South Centre, MB]

Thank you.

Grand Chief Beaucage, I wonder if you can also give us your thoughts on the impact of Bill C-44 in your communities.

My other question is to the Quebec Bar Association. When members of the Indigenous Bar Association were here they raised a number of concerns. One overriding concern was that this piece of legislation was the beginning of the dismantling of the Indian Act by chipping away at it. I welcome your comments on that.

On the occupational requirements provision of the Human Rights Act, sections 15 and 16, the special programs provision, one member said:

I think there's some doubt that those provisions would be adequate to address the kinds of balancing that would be required to recognize the specific historical and constitutional place that first nations occupy within the Canadian legal framework.

I wonder if you can comment on that as well.

[Anita Neville, Liberal, Winnipeg South Centre, MB]

Thank you very much.

I have questions for everybody, but I'll start with you, Deputy Chief Archibald.

When you outlined the seven teachings, you talked about respect. You talked about being given the opportunity and the forum to explore how it will affect your lives.

We heard when the department was here that no impact analysis had been done on it. I wonder if you could elaborate on how you anticipate Bill C-44 might affect your lives, or the lives of your communities.

[David Schulze]

Thank you, Ms. Dufour.

I will give my presentation in French, but I will be pleased to answer your answers in either English or French, depending on the language of the question. You should all have received the letter on Bill C-44 signed by the President of the Quebec Bar.

Before I start, I simply want to make it clear that I will be speaking on behalf of the Bar and not any clients I represent in my law practice.

[Deputy Grand Chief RoseAnne Archibald, Nishnawbe Aski Nation]

Thank you, committee members, for the opportunity to make this presentation today. I'd like to say some of my introductory remarks in my own language.

[Witness speaks in Cree]

What I said in Cree was greetings to all of you. My name is RoseAnne Archibald. I'm from a community called Taykwa Tagamou, formerly known as New Post. I'm here to say a few words because our Grand Chief, Stan Beardy, was unable to make it to the committee today.

I feel it is important to speak some words in my own language, ininimoyan, as my presentation has more to do with linking the human rights issue with the natural laws and teachings of our people.

First let me reiterate that the 49-member first nations that belong to Nishnawbe Aski Nation honour the human rights of every citizen and have continually fought for social justice, individual rights, and the collective rights of our first nations citizens.

This standing committee has undoubtedly heard many presentations on Bill C-44 that have highlighted the need for proper consultation, or how we must balance individual and collective rights, or the need to protect women's rights, or the impact of this proposed legislation on first nations jurisdiction and self-government.

At Nishnawbe Aski Nation, we concur with other first nations and aboriginal organizations on these matters. Further, Grand Chief Stan Beardy has expressed support in principle for the repeal of section 67, as long as it becomes a means to gain access to universal rights that will in turn vastly improve the socio-economic conditions of our first nations.

So why aren't all first nations embracing the proposed legislation? The introduction of Bill C-44 insinuates that an external law is required to force first nations to honour the human rights of its own citizens. No such force is required because, first, we have a deep desire to improve the circumstances of our communities, and second, we have our own teachings to guide us in relation to human rights.

I want to talk briefly about the seven grandfather teachings, or the seven sacred teachings, as they relate specifically to Bill C-44. The seven sacred teachings form the principles upon what could be described as our own human rights code. The seven sacred teachings are: wisdom, truth, humility, bravery, honesty, love, and respect. Healthy and harmonious individuals, families, and communities are a natural result when individuals and groups follow the standards of behaviour as outlined in the seven sacred teachings.

Due to the limited time given for my presentation, I will highlight three main teachings as they relate to Bill C-44: wisdom, honesty, and respect.

Wisdom is about more than only acquiring knowledge. It is the proper use of knowledge to gain deeper insight and understanding of the world around us. Through our own wisdom, we can pass these teachings on to the next generations so that they can survive and thrive. One measure of wisdom is to reach your highest human potential by living a good life. When there is a proper consultation with first nations, we will have shared knowledge to make wise decisions on Bill C-44. To have real insight into human rights issues for first nations people, we must ask ourselves, “What are the real barriers to achieving justice and human rights for first nations people in Canada?” The answers will reveal more complex solutions than simply repealing one section of the Canadian Human Rights Act. Wisdom and insight can only be achieved through the thorough examination of Bill C-44. Moreover, rushing first nations through a six-month consultation/implementation process is not only unwise, it is unfair.

Honesty is more than simply speaking truth. It is embracing each person based on their true nature rather than projecting our own expectations onto them. It is a test of vulnerability that is achieved through our forthright acceptance of self and others. To honestly embrace who you truly are leads to a life of integrity.

For our people, we must honestly tell you that we will never be like everybody else in Canada. Our core values as nations, as Mushkegowuk, Ininew, or Anishinabe, are built around themes of collaboration and the balance between collective and individual rights. Despite your efforts to colonize and assimilate our people, we remain a society that, at our very best moments, understands our spiritual connection to everything; therefore, we will always place the well being of others equally to individuals. We must respectfully move forward with coexisting beliefs, which may mean modifying the current trajectory of your government in relation to Bill C-44.

The third sacred teaching I want to touch on is respect. Respect comes from within and it is always earned. When we conduct ourselves with dignity, we earn respect and goodwill in all of our relationships. Actively listening to others leads to respect. Respect and the golden rule are linked: treat others as you want them to treat you. In order to gain the respect of first nations peoples, we must be given the opportunity and forum to explore how Bill C-44 may affect our lives and our future generations.

Goodwill can be achieved between first nations and your government by actively listening to each other's concerns. As previously mentioned, social justice and human rights for our people are equally high priorities for our leadership. Let's be productive by cooperating to find comprehensive solutions to human rights issues. Through respect we can create an environment of trust where we can find common ground on our shared goal of a just society for first nations.

In conclusion, I respectfully request and recommend that we use the seven sacred teachings as the basis for future discussions on Bill C-44 and for all matters related to human rights.

Gitchi-Meegwetch. Thank you.

[Grand Council Chief John Beaucage, Anishinabek Nation - Union of Ontario Indians]

Thank you very much. It's a pleasure to be here.

I'd like to start out first by saying that the Union of Ontario Indians, the Anishinabek Nation, supports the repeal of section 67 of the Canadian Human Rights Act. There is a process that we must follow. Overall, we don't support the timeframe or some of the aspects of Bill C-44, in that it doesn't protect some of the aboriginal and treaty rights in a way that we would like to see done, in terms of the collective and individual interests of first nations. It fails to provide first nations with the capacity and training dollars to make sure that the implementation of Bill C-44 is carried out in a way that looks after some of our traditional and customary aspects of community life. We would also look at having a non-abrogation and a non-derogation clause included in Bill C-44. That would actually provide greater certainty for aboriginal and treaty rights, but then we would want an interpretive clause as well on the individual and collective rights of first nations.

Overall, we would look into perhaps going further than what Bill C-44 is purporting in terms of a first nations human rights act, which goes even beyond what we have in Bill C-44, and something that we can call our own. It's something that we can go further with in terms of looking after customary and traditional aspects of our communities right across the country. We would look at taking Bill C-44 and maybe stretching it out beyond the six months, looking at maybe a 30-month phase-in. Part of the phase-in would be the development—and a consultation process to create our own first nations human rights act, which would be enforced or worked for by our own process within our own community context on a region-by-region basis.

I think that's something the committee probably has not heard yet, but I haven't seen all of the information you've had. I think it's something new, but it's also something that is somewhat exciting: having first nations jurisdiction and first nations buy-in to the entire process of making sure that human rights take a very high place within the context of law in Canada, aboriginal law, and first nations traditions and laws.

We would look at having this process ongoing after a three-year period. That's one of the other things I wanted to talk about as well: the six-month timeframe that's currently within Bill C-44 does not give us enough time to institute and train our people for the human rights legislation, nor are there any resources there to make sure we have the appropriate capacity to look after this change that is encompassed within Bill C-44. So we do need to have those resources available to us. We do need a little bit of extra time.

I think eventually we will need to move on towards a first nations human rights act and a first nations human rights commission. There will be a written presentation that will have a summary of a number of recommendations on Bill C-44, and also recommendations on a first nations human rights act in summary. That will be provided to the committee as soon as the document is translated.

I don't think I've taken my full five minutes, but I'd like to thank you all for listening.

Gitchi-Meegwetch.

[The Chair, Conservative, Colin Mayes]

Welcome to this meeting of Tuesday, May 8, 2007, of the Standing Committee on Aboriginal Affairs and Northern Development. Committee members, you have the mandate in front of you. We're continuing our study of C-44, An Act to amend the Canadian Human Rights Act.

Today as witnesses we have, from the Anishinabek Nation--Union of Ontario Indians, John Beaucage, grand council chief; from Barreau du Québec, we have David Schulze, a lawyer with Hutchins, Caron & Associés, and Nicole Dufour, a lawyer in the research and legislation service; and from the Nishnawbe Aski Nation, we have Deputy Grand Chief RoseAnne Archibald.

Welcome, witnesses.

We will begin with the presentation by Mr. Beaucage.

Aboriginal Affairs

[Rod Bruinooge, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

Mr. Speaker, just last week the Minister of Indian Affairs made an important announcement in Alberta. It actually was about the Alberta model for child and family services, which looks into bringing about measures that go right to the heart of the problem in terms of prevention. It is a method that has been proven time and time again.

I would like to ask the member if perhaps she could get behind our efforts to actually bring human rights to first nations people on reserve through our Bill C-44.

[Chief Lawrence Paul]

I'm quite worried about the whole effect of this Bill C-44. I think it's going to have drastic effects on the community life of our first nations and our local governments.

Thank you, Mr. Chair.