Indian Act Amendment and Replacement Act

An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Rob Clarke  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Indian Act to require band councils to publish their by-laws and repeals certain outdated provisions of the Act.
It also requires the Minister of Indian Affairs and Northern Development to report annually to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations and other interested parties to develop new legislation to replace the Indian Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 20, 2013 Passed That the Bill be now read a third time and do pass.
Nov. 20, 2013 Passed That Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Nov. 20, 2013 Passed That Bill C-428, in clause 3, be amended by replacing line 14 on page 2 with the following: “25, 28, 37, 38, 42, 44, 46, 48 to 51 and 58 to 60 and the”
Dec. 5, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:15 p.m.
See context

Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

moved that Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, be read the second time and referred to a committee.

Mr. Speaker, it is with great pleasure today that I open the debate on my private member's bill, Bill C-428, Indian Act Amendment and Replacement Act. I am proud to be first nations and as a former member of the RCMP for over 18 years, just as proud to have achieved the rank of sergeant. During that time I was in charge of two detachments. All of my service involved policing on and off first nation reserves.

In 2008, I was elected to represent Desnethé—Missinippi—Churchill River, a constituency containing over 23 first nation communities and the second largest first nation population in Canada.

Having had to enforce the Indian Act across Saskatchewan, I am keenly aware of the challenges posed by the outdated, racist, colonial statute referred to as the Indian Act. The problems created by this archaic piece of legislation are far-reaching, extending to every aspect of the lives of every first nations person and the root cause of the Attawapiskats of our country.

During the Assembly of First Nations election speeches in July of this year, all the candidates stated that the Indian Act must go. Clearly, everyone agrees that changes must be made to the Indian Act in order to start a process of consultation, in order to start a dialogue and in order to amend the Indian Act. I hope in my lifetime to see the complete repeal of the Indian Act and see it replaced by a more modern set of laws that reflect today's values, but also respect the past.

I hope one day the amendments proposed in my private member's bill will help lead us to build a more modern, respectful relationship between federal government and first nations, and finally kick-start this larger process to repeal and replace the entire Indian Act. These amendments to the Indian Act can be an important stepping stone on the path of achieving self-sufficiency and prosperity in first nation communities. The acronym for this path would be ARRC: amend, repeal, replace, and most importantly, consult.

The bill would amend the bylaw section of the act; repeal and replace several outdated, unused and patronizing sections of the act; and create a process that would enable collaborative consultation with first nations. The goal is to replace the Indian Act with laws which would both describe and enshrine a more respectful and modern relationship between first nations and the Crown.

I would like to expand on the content of Bill C-428. The bill would enable first nations and band councils to publish their own bylaws without having to seek the permission of the Aboriginal Affairs or the signature of the minister. Empowering first nation communities to take control of their lives and the environment in which they live is a crucial step toward autonomy and self-reliance.

Under this amendment, a band would also be required to publish bylaws created by their council on one of a variety of forms of media, such as the band website, the First Nations Gazette, or in local newspapers or newsletters that have general circulation in their first nation communities and to their band membership.

By making plain the bylaws of each first nation, we create greater transparency and accountability for first nation residents and for those enforcing the bylaws. This will take the minister out of the equation and put the responsibility for the bylaws squarely where it belongs: with the band council and band members. It will provide first nations with the same rights and responsibilities that rural and urban municipalities have today.

I would like to stop here for a moment and talk about the everyday challenges that are faced by first nation governments. We are all aware of the crisis of alcohol, drug and solvent abuse that has led to the high rate of suicide in many of these first nation communities. It is with this in mind that I want to see first nations able to act on these problems expediently and to create legislation that would reflect their culture and communal standards without having to seek the permission of the minister to act.

The bill would replace section 85.1, which prohibits the sale of alcohol on first nations land and will place that option back into the hands of the band council. In fact, the decision to allow the sale of alcohol on reserve has been in the hands of some bands for some time, but the Indian Act is not up-to-date with the current policy.

First nations people also do not have the same rights as other Canadians in regard to wills and estates. The Indian Act gives extraordinary powers to the Minister of Aboriginal Affairs and Northern Development, including the ability to appoint executors of wills for first nations people and to appoint administrators.

What most Canadians and first nations do not know is that the minister also holds the ability to declare the will of a first nations person not valid. No will pertaining to a first nations resident is valid unless approved by the minister as dictated by the Indian Act. I call this a paternalistic approach. This does not belong in a free and democratic society. My bill would repeal the sections of the Indian Act that grant the minister these exceptional powers in the administration of the wills of all first nations residents.

Bill C-428 would also remove impediments to trade in the form of the repeal of section 92, which restricts certain members of society from engaging in trade with first nations individuals.

It is important to note that the bill would at last remove the archaic educational element of the Indian Act, which led to the formation of residential schools, and remove the term “residential school” from the act.

I am proud of the accomplishments of this government in regard to recognizing the tragedy of and apologizing for residential schools. I am proud as a first nations man, whose grandparents attended residential schools in Duck Lake, Saskatchewan, to be privileged to be a member of the House of Commons and to repeal this particularly shameful section and wording of the Indian Act. I fear that having this remain in the Indian Act will enable future governments to create residential schools on first nations reserves.

I am proud that our Prime Minister has apologized for the travesty of the residential schools, for the pain and destruction they brought to all first nations and for the shame they have brought to Canada.

I sat only two seats from the Prime Minister as he delivered this apology and personally witnessed the emotion with which he delivered the speech. The Prime Minister deservedly received praise not only for the sentiment of the statement but also for the eloquence and sincerity with which he expressed his remarks.

However, for me the most important part of the bill is the mandate that would be given to the Minister of Aboriginal Affairs to report annually on the progress being made toward the repeal and replacement of the Indian Act. This report would be specifically on the collaborative work being done by first nations and the Crown to get out of the Indian Act. This section of my bill requires a collaborative consultation process between first nations and the Minister of Aboriginal Affairs specifically on the Indian Act. A report must be published to the House of Commons committee on aboriginal affairs by January 31 of each year. This will ensure that first nations can hold the government accountable for moving forward toward the complete removal of the Indian Act in a meaningful and respectful way.

It should be clear to all that the substance of the bill provides no cause for alarm among first nations people. Nor is there any cause for false alarms to be raised by first nation leaders.

I have arrived at the current set of changes through consultation with other first nation members within my constituency as well as around the country. I have had four drafts in the past and I am open to the amendments that may come forward through this important dialogue.

There is no larger agenda at play. The repeal of sections of the Indian Act represent a step toward a modernized relationship between our government and the first nations of Canada, nothing more. It is plain for all to see that there is no suggestion that the Indian Act be repealed in its entirety with nothing left in its stead. Rather, my bill simply seeks to remove outdated concepts and language from the existing act.

I hope that individuals will be inspired to reflect upon and review the Indian Act and my private member's bill in this light. It is my hope that this debate will start a larger process to look at outdated language in the act.

When I started this journey four and a half years ago, I hoped this bill would open a discussion and meaningful dialogue and debate. I hoped that with the passage of this bill we could look forward to a better relationship and a true partnership between first nations and all Canadians, and I mean all Canadians.

Today as I stand here, I feel strong emotions about what I am doing. This is not a partisan effort. I am doing this as a proud Canadian who has served my country and also as a first nations man who wants to see a better life for first nations and all Canadians.

I am hoping that the opposition will support this bill because it is not a partisan issue. I encourage all members of the House to support my bill to modernize this outdated and colonial paternalistic legislation called the Indian Act.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:25 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I thank the member for outlining his intention behind the bill. My question for him has to do with consultation. Vice Chief Watson from the Federation of Saskatchewan Indian Nations states that his organization “has a consultation policy and the federal government needs to recognize our Inherent, Sovereign and Treaty Rights”.

Since this could have a wide impact, and under the United Nations Declaration on the Rights of Indigenous Peoples it is well recognized that there needs to be free, prior and informed consent, would the member tell the House exactly which nations he consulted with and what their approach was to this particular piece of legislation?

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:25 p.m.
See context

Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I have 23 first nations in my constituency. One of them is Pelican Lake First Nation. That is a start.

First of all, I am a first nations person. There are 633 first nations across Canada and in the process all 633, on four separate occasions, have received communications from me, asking for their input and their recommendations to amend my act if they saw anything that they would like to improve.

I stand here in bewilderment of the parliamentary process, of my being a first nations person and not being given the opportunity to bring a bill forward as a first nations person in the House of Commons, as every other member in the House has that right.

First nation leaders also have a responsibility to consult with their membership and make decisions. On many occasions, as a first nations leader, I am not consulted.

To reply, many first nations chiefs are afraid to come forward right now in fear of reprisal. They also have to face elections in the near future. It is a peer-pressure system that the Indian Act has created.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:30 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we all, as individual members, have the right to bring forward legislative ideas. We within the Liberal Party are disappointed in the fact that the current Prime Minister has not recognized how critically important it is to work with aboriginal and first nations leadership, in particular, from coast to coast to coast. When dealing with the many different issues, it is important to sit across the table in a comprehensive way, much like what Paul Martin did and ultimately came up with the Kelowna accord, which was something that would have had a very positive impact on our first nations.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:30 p.m.
See context

Some hon. members

Oh, oh!

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:30 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

I can see the Conservatives are a little sensitive, given that it was their government that ultimately burnt that particular accord.

Does the member not see that the Prime Minister of Canada needs to start talking with the stakeholders, in particular our first nations? He must sit at the table and treat the first nations as strong partners and try to come up with ways to resolve the many outstanding issues that exist.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:30 p.m.
See context

Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I recall the Prime Minister standing up at the first nations gathering in the January of this year. However, we also heard first nations come forward and ask government to remove the barriers or handcuffs of the Indian Act.

What I have heard in years past from the Liberal Party are all of these false promises. We have heard the Kelowna accord. We heard Robert Nault stand up to introduce a government bill to get rid of the Indian Act. We have heard about the white paper.

The Liberal members are over there squawking and a little upset because they did not get it done over 13 years. They had 13 years during which they introduced the Kelowna accord and the implementation act, but they did not get it done. They had the opportunity.

In talking to my colleague here on the consultation process, our government is working hard in consultation towards a new modern relationship to address the needs and crisis that is facing first nations today.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:30 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am rising today to address Bill C-428, an act to amend the Indian Act (publication of by-laws) and to provide for its replacement.

I want to begin by saying that New Democrats will be opposing the bill for a number of very good reasons.

The bill seeks to amend the Indian Act by deleting sections dealing with wills and estates, sale of produce, trade with certain people and the sections on residential schools. It also calls on the government to make an annual report to Parliament on its progress in dismantling the Indian Act.

New Democrats do not support the bill because the member did not consult with first nations before presenting the bill.

Although the bill would delete some archaic provisions, like the sale of produce, other deleted sections, like the provisions for wills and estates, could put first nation citizens living on reserve in legal limbo because there is no guarantee that provincial legislation would cover their situations.

Tribal councils may have to provide advice regarding the proposed new provisions on wills and estates, which would be increasingly difficult due to the funding cuts to tribal councils and aboriginal representative organizations announced on September 4, 2012 by the Minister of Aboriginal Affairs and Northern Development.

Also, the deletion of the provisions on residential schools was supposed to be government legislation, not hidden in a private member's bill. New Democrats would like to see those provisions dealt with by the minister, as promised to first nations at the Truth and Reconciliation Commission's national ceremony.

I heard the member opposite actually not answer my question about consultation. However, there have been a number of court cases that talked about what consultation involves. I can say that consultation does not entail receiving emails from people. It does not entail posting some information on one's website. That does not constitute consultation, nor is consultation constituted by having witnesses appear before a committee.

If the Conservatives are serious about a new relationship with first nations, they would withdraw the bill, go back to the drawing board and talk to first nations from coast to coast to coast with meaningful consultation. They have a duty to consult.

This piece of legislation could have very serious--

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:35 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

The hon. member for Edmonton—Strathcona is rising on a point of order.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:35 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I regret intervening, but I am right beside the hon. member and I cannot hear her because there is so much noise on the other side heckling her.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:35 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

I agree with the member for Edmonton—Strathcona that there is a lot of noise in the chamber. I would ask all hon. members to give their colleagues the respect they received when they were speaking.

The hon. member for Nanaimo—Cowichan has the floor.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:35 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I appreciate that. When the member was giving his speech, we allowed him the time and space to deliver it without the heckling and the noise.

I want to point out how serious this is. We have a private member's bill that is attempting to dismantle the Indian Act. I think there is agreement that the Indian Act is an archaic piece of legislation that needs to go, but the question is how it should go. Should it be through a private member's bill? Absolutely not. That does not recognize the nation-to-nation relationship that exists in this country.

There have been two other major attempts that ended in dismal failure, I might point out, and they were government bills, not private members' bills. There have been two major attempts at removing the Indian Act in the past. The first was a white paper authorized by Jean Chrétien in 1969 that sought to assimilate first nations into mainstream Canadian society by scrapping the Indian Act and reserves. We can see from the kinds of legislation that have been tabled in the House in the past that it is no wonder that first nations from coast to coast to coast are nervous about any attempt that does not involve meaningful consultation. People do not know what the end result of this is going to be because they are not involved and not at the table.

Harold Cardinal, another first nations leader, in response to the 1969 white paper, published a red paper titled “Citizens Plus” that outlined in reply:

It is neither possible nor desirable to eliminate the Indian Act. It is essential to review it, but not before the question of treaties is settled. Some sections can be altered, amended, or deleted readily. Other sections need more careful study, because the Indian Act provided for Indian people, the legal framework that is provided in many federal and provincial statutes for other Canadians. Thus the Indian Act is very complicated and cannot simply be burned.

In 2003, the Liberals introduced Bill C-7, the first nations governance act, which was widely panned by first nations who questioned if it was consistent with the rights, needs and priorities of Canadian first nations. Sadly, there was a news release on October 18 that indicates that the government would be supporting Bill C-428. The question then, of course, comes back to the new relationship that was promised at the Crown-first nations gathering back in January and how unilaterally introducing a private member's bill on some serious matters constitutes a new relationship in this country.

If the government were serious about a new relationship, it would go back to reports like that of the Royal Commission on Aboriginal Peoples. A couple of years ago, the Assembly of First Nations issued a report card and, essentially, it almost gave an F across the board for what had been implemented. The royal commission process was a comprehensive one that many people had some faith in, but most of the recommendations have been completely disregarded by various governments since 1996. If it were serious, the government would go back to that, and if it were serious about consultation, it would go back to the UN Declaration on the Rights of Indigenous Peoples and that very important clause about free, prior and informed consent. This bill does nothing to address any of that.

I want to go back to a paper that was published back in 1987 entitled, “Aboriginal People: History of Discriminatory Laws”. This paper states:

It is generally accepted that the often conflicting goals of “civilization,” assimilation, and protection of Indian peoples that have been pursued throughout the history of federal Indian legislation have their origin in (primarily British) colonialism. Throughout the colonial and post-Confederation periods, governments vacillated between two policies. The isolationist policy held that assimilation could be best achieved by isolating Indians on reserves, with Indian agents gradually preparing them for integration with the dominant society. (Alternatively, isolation was viewed by some simply as a protective measure until the Indian people should become extinct). The policy of immediate assimilation, on the other hand, favoured immediate placement of Indians among non-native people and removal of special protective measures and legal status. The isolationist policy has predominated but, as some observers have noted, it has had the unintended result of preserving Indian cultures and providing a means for the Indian people to resist assimilative pressures. Accordingly, Indians have fought to retain their reserves, treaty rights and special legal status as a way of maintaining distinct cultural or national identities.

While Indian people view reserve and treaty rights as a quid pro quo for giving up a good part of their traditional lands, federal and provincial governments have frequently taken the view that the Indians’ refusal to abandon their distinctive cultures, government and identities is a refusal to take up the ways of a more “advanced civilization” and accordingly, a refusal to take up the “responsibilities” of full citizenship. In the result, the history of native policy, particularly Indian policy, in Canada is replete with examples of legal bars to the exercise of fundamental civil, political and cultural rights.

That continues to this day and this bill does nothing to address the problems that first nations across this country are facing, whether it is human rights or the ridiculous number of aboriginal women who are in prison.

One-third of women in federal prison are aboriginal. We had the United Nations Convention on the Rights of the Child, which talks about the dismal failure of aboriginal policy to keep children out of prisons. We have the current government still fighting at the Canadian Human Rights Tribunal on child welfare.

If the Conservatives are serious about a new relationship they will withdraw this bill, go back to the drawing board and work with first nations to fully implement a consultative approach to eliminating the Indian Act.

I want to add that there was a man named Leo Baskatawang, who—

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:40 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Order. The hon. member for Westlock—St. Paul is rising on a point of order.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:40 p.m.
See context

Conservative

Brian Storseth Conservative Westlock—St. Paul, AB

Mr. Speaker, I would just like to direct your attention to the issue of relevance. The hon. member is calling upon the government to withdraw a bill that is a private member's bill and a private member has the right to put his or her own legislation forward.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:40 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

That is not a point of order. The member is speaking in debate and is certainly speaking about the matter before the House.

The hon. member for Nanaimo—Cowichan has one minute remaining.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:40 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I just want to mention that Leo Baskatawang marched to highlight indigenous rights and the Indian Act. I will not have time to do talk about all of the things he did, but he brought to the fore the point that most indigenous leaders agree that it is essential that legislation written by indigenous people for indigenous people is the way to go. There was a consensus on that. The government may choose to disregard it, but the reality is that if it plans to overhaul the Indian Act and change the provisions for wills, which could actually download more responsibilities onto the provinces, it needs to involve the people who would be directly affected by it. It cannot do it unilaterally as it is proposing to do.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:40 p.m.
See context

Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, the debate tonight is about a very serious matter. In January, the Prime Minister stated:

Our government has no grand scheme to repeal or to unilaterally rewrite the Indian Act: After 136 years, that tree has deep roots; blowing up the stump would just leave a big hole. However, there are ways, creative ways, collaborative ways, ways that involve consultation between our government, the provinces and First Nations leadership and communities, ways that provide options within the act, or outside of it, for practical, incremental and real change.

At that same meeting the National Chief of the Assembly of First Nations, Shawn Atleo, said this with respect to the Indian Act:

Like a rock that sits in the middle of the road, a boulder that blocks the path of collaboration, remains

—as we have been saying here—

the Indian Act, along with the age-old structures and policies that administer it and steadfastly resist change.

I am sorry that we have to raise this here tonight because it means that the government has not taken this solemn promise of the Prime Minister seriously. He said in January that the government would not repeal or unilaterally rewrite the Indian Act and indicated that any future changes would be developed in consultation with the government, the provinces and first nations communities. I am afraid that a backbencher's private member's bill is not an appropriate consultation for this very serious relationship with first nations in this country.

This kind of change must be undertaken by the Prime Minister in a government-to-government way. Now we have a member of Parliament moving legislation to unilaterally change the Indian Act with no prior consultation.

All private member's bills should include consultation before they are tabled, and when they are drafted and afterwards. None of this happened, which extremely egregious when dealing with an issue concerning first nations.

If the member had consulted, he would have heard loudly—

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:45 p.m.
See context

Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

You used the first nations for your own benefit.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:45 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Order. I would ask all hon. members who do not have the floor and wish to remain in the chamber to control themselves. If they cannot control themselves, maybe they should leave the chamber.

The hon. member for St. Paul's has the floor. I would ask that all hon. members listen to what she has to say.

The hon. member for St. Paul's.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:45 p.m.
See context

Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, if the member had consulted, he would have heard very loudly that first nations were not finding this appropriate. They want a formal discussion with the Prime Minister and the cabinet as to how to change the Indian Act. Even for the Kelowna accord, the Prime Minister and the cabinet met with first nations leadership and Inuit and Métis for 18 months before that accord was tabled.

First nations groups have clearly stated that the current bill is paternalistic and was not the subject of consultations.

If he had consulted, he would have been persuaded, I believe, to put his energies into something else that would have improved the quality of life of Canadians, especially first nations, if that was his choosing. Tinkering with the bill is not appropriate.

Let me be clear. The Indian Act is the embodiment of failed colonial and paternalistic policies that have denied first nations their rights and a fair share in resources, fostered mistrust and created systemic barriers to the self-determination and success of first nations.

However, the elimination of these barriers requires the government to initiate a formal process of direct engagement with first nations, on a nation-to-nation basis, which focuses on replacing the Indian Act with new agreements. These agreements must be based on the constitutional treaty and inherent rights of all first nations, the historical and fiduciary responsibility of the Crown to first nations.

The standards established in the UN Declaration on the Rights of Indigenous Peoples include the principle of free, prior and informed consent, respect, recognition, reconciliation and support for first nations, a partnership and mutual accountability for the Crown and first nations and the stability and safety of first nations.

The member for Desnethé—Missinippi—Churchill River spoke at a Federation of Saskatchewan Nations Assembly this summer, but did not even allow questions or seek input from the assembled leaders. This would have been an ideal time for him to consult and hopefully listen to what the people thought.

If the member had done even a basic consultation, he would understand that the issues he is dealing with in this bill are not what first nations leadership is calling for across the country.

These leaders are demanding the adoption of a process that would go beyond the Indian Act, a process rooted in nation-to-nation relationships and based on consultations and collaboration that respect historic and legal rights, a process that would require the federal government to respect its historic and fiduciary responsibilities towards the first nations.

The member has seriously missed the mark with this private member's bill, and I was extraordinarily surprised, like my colleague from the New Democratic party, today in question period to hear that the Minister of Aboriginal Affairs and Northern Development agreed. For him to say that the Conservatives will support the bill in principle and hope to see it pass into law is exactly the opposite of what the Prime Minister promised in January to the assembled leadership of the first nations.

I encourage the member to read carefully the motion put forward by the leader of our party, the member for Toronto Centre, whose motion will be debated on Monday. It puts in place a proper formal process to work with first nations to actually make this egregious wrong right. It says:

That, in the opinion of the House, the Indian Act is the embodiment of failed colonial and paternalistic policies which have denied First Nations their rights, fair share in resources; fostered mistrust and created systemic barriers to the self-determination and success of First Nations, and that elimination of these barriers requires the government to initiate a formal process of direct engagement with First Nations within three months of passage of this motion, on a nation-to-nation basis, which focuses on replacing the Indian Act with new agreements based on: (a) the constitutional, treaty, and inherent rights of all First Nations; (b) the historical and fiduciary responsibilities of the Crown to First Nations; (c) the standards established in the United Nations Declaration on the Rights of Indigenous Peoples, including the principle of free, prior, and informed consent; (d) respect, recognition, reconciliation and support for First Nations; (e) partnership and mutual accountability between the Crown and First Nations; and (f) stability and safety of First Nations; and that this process be completed within two years before reporting with a series of concrete deliverables for the government to act upon.

This has to be a step toward self-government. This is a process that has to be taken at the highest level of our government and its cabinet with the leaders of first nations and must be developed bottom up. This is about self-government. It is about allowing first nations to develop the process and then develop the concrete deliverables to which they will ask the Government of Canada to agree.

I am pleased the member presenting the bill has decided to be quiet now. The way the Conservatives heckled the member for Nanaimo—Cowichan was completely disrespectful. This is a very serious issue. We on this side of the House take it very seriously. I hope the member will be here for the debate on Monday night as a formal process will be described. I hope they will support the member for Toronto Centre's motion.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 5:50 p.m.
See context

Conservative

Chris Warkentin Conservative Peace River, AB

Mr. Speaker, it is a privilege for me to rise today to speak in support of this private member's bill brought forward by my friend and colleague from the Conservative Party.

The member who brought this forward is the right person to bring it forward. So far in this debate, he is the only one who has ever lived under the Indian Act. I and my colleagues from the other parties who have spoken do not know the life that is lived under the Indian Act like that member.

In fact, I did not agree with much that my friend from Nanaimo—Cowichan said in her speech today, but one quote she did give, which I fully agree with, was, “A bill wrote by indigenous people for indigenous people is the way to go”. That is exactly what we have happening in the House tonight. We have a bill that has been written by a person who has lived under this act, a bill that would rectify some of the most egregious portions of that act.

My colleague just recently suggested that my friend and colleague who brought the bill forward should be silent. I would suggest it is no longer appropriate for my friend to be silent. He has worked to become elected to the House of Commons. He has overcome the travesty that is this act and overcome past injustices to reach the House. He has every right to bring forward a private member's bill and to be heard in the House. I will defend every member's right to do the same thing, to bring legislation forward to change other legislation. I will continue to advocate for that right for my colleague.

Today we have before us this legislation. At the core of this proposed legislation is the acknowledgement that the Indian Act is holding first nations back from achieving their whole social and economic potential.

Bill C-428 is the Indian Act amendment and replacement act. It proposes a series of amendments to the Indian Act that will lead to healthier, more self-sufficient first nations across the country.

At the same time, the bill recognizes the change that must be made in a systematic and thoughtful manner that provides first nations with the tools and the time that they need to eventually transition completely out of the Indian Act. That is consistent with the government's approach, providing first nations with practical, incremental and real alternatives to the Indian Act.

I quote the Prime Minister's speech at the historical First Nations Gathering last January when he said:

The Indian Act cannot be replaced overnight, but through the use of existing tools and the development of new mechanisms, both parties can create the conditions to enable sustainable and successful First Nations.

The bill proposes concrete action that will provide greater autonomy for first nations, lessen the role of the ministerial involvement in the day-to-day lives of first nation citizens and give back the responsibility for several key areas, such as bylaw-making powers and the administration of wills and estates, to first nations where it rightfully belongs.

As my colleague as so appropriately described, quite simply, the bill proposes to do a number of things. First, it will require the Minister of Aboriginal Affairs and Northern Development to report annually to a parliamentary committee on the action taken in partnership with first nations and other interested parties to develop new legislation to replace the Indian Act. Second, it will remove the minister's role in the administration of wills and estates and the approval in voiding wills. Third, it will remove the minister's bylaw disallowance powers. Fourth, it will remove many of the outdated and archaic provisions of the act. Finally, it will repeal all references to residential schools and the removal of the outdated schools-related provisions.

These changes are consistent with the direction that our government has taken over the last six years. It is focused on bringing forward initiatives that will unlock the economic development potential by removing certain barriers to first nation governance that currently exist under the Indian Act.

Ultimately, this would lead to the development of strong, accountable and prosperous first nation communities, where first nation citizens would have access to the same rights as other Canadians.

The proposed amendment to repeal all provisions relating to residential schools is particularly symbolic and important for first nations people.

On June 11, 2008, the Prime Minister of Canada, in this House, made an impassioned and heartfelt apology to the first nations people of Canada for the treatment of children in residential schools, a sad and shameful chapter of our nation's history. Following this momentous apology, the government also announced its intent to repeal these sections of the Indian Act that allowed for the establishment of Indian residential schools and the removal of children from their homes and communities.

I believe, by removing this antiquated language and references to residential schools, we could take another step further down the path toward healing.

The bill would contribute to the larger effort underway to create these tools and mechanisms.

The government is proud to support this private member's bill. I urge my hon. colleagues from the other side to reconsider their position, to speak to first nations people within their own communities, as I have, as my colleagues have who have heard the devastating stories and the hope they find in this bill.

The government looks forward to studying this bill in committee, hearing from witnesses and always exploring opportunities to improve the bill, as may be required.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 6 p.m.
See context

NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, my speech in this House is consistent with my previously expressed positions on the Conservatives’ thinly veiled attempts to offload the Canadian government's responsibility toward the First Nations communities. When I use the term responsibility, I am referring to its social responsibility, but there is also an economic responsibility, one that is easily quantifiable.

Last year, I met the Toronto Six Nations. At the time I was meeting with them, they were demanding that the Canadian government pay a claim amounting to several billion dollars. In some ways, it is quantifiable.

My focus will be on creep in the spirit of the legislation rather than the actual letter of the amendments and modifications to the Indian Act being considered here.

My experience in this House, over the past year and a half, and the countless sessions of the aboriginal affairs committee, make it possible for me to say today that, all too often, the Conservatives' legislative initiatives and actions are meant to shift the burden and enable them to shirk their obligations toward the first nations peoples and communities throughout the country, to distance themselves from the fiduciary burden that the Canadian government has to the first nations.

I would not be able to comment on whether past governments have shown the same tendency, but this is a tendency that I have observed to date. They are trying to distance themselves and take a step back from the first nations.

Now I have some very bad news for them: these matters are entrenched in the Constitution and they are not going to be able to distance themselves and dissociate themselves from their obligations merely by passing a private member’s bill.

There is no doubt that the numerous international reports exposing the disparities in the government's treatment of aboriginal peoples in Canada contribute greatly to the malaise underlying the drafting of such unilateral legislative initiatives.

That international exposure is part of the reason we know that the government is stepping back and trying to distance itself.

Over the past year, I have met two United Nations representatives who were especially interested in the status of the first nations people and communities here in Canada because, even though the Conservatives keep hammering away about the economic boom and Canada's enviable economic situation, benefits have not trickled down to first nations communities, which are getting poorer as the rest of Canada gets richer. We know that, more often than not, resource development initiatives target these communities’ traditional territories. Communities here in the north are typically remote. The Canadian government has now been unmasked on the international stage. On two occasions, two UN rapporteurs have come to Canada in order to shed light on the living conditions in first nations communities and to find out why these communities live in third-world conditions even though Canada is experiencing an economic boom and we are cited as an example of economic development and progress.

This is probably the reason why the Canadian government is doing its best to create this gap between the communities and to distance itself from its obligations, but its efforts will be in vain.

It should be noted that the proposed innovation is overdue, particularly in sensitive areas, such as trade relations. When I refer to sensitive areas, I mean, for example, indianness. Such areas are also entrenched in the Constitution.

Now, I have noticed another trend here in the House of Commons. The Conservatives frequently try to use private members' bills in order to test the waters with the Canadian public, and to introduce policies that enjoy scant support among Canadians. These bills are intended, therefore, to take the pulse of Canadian public opinion. In my opinion, the objective of the bill before us today is, first and foremost, to assess and gauge how the communities will respond to this legislation. The Conservatives are checking to see whether the members of the first nations communities across Canada are going to look favourably upon this legislation, or be unsympathetic to the idea.

It is highly likely that the Conservatives are trying to see whether the first nations will be able to come up with legal arguments to oppose the proposed measures. The Conservatives are trying to test the waters and determine whether there will, in fact, be a court challenge.

As a lawyer, I can safely say that the matters relating to first nations funds that the bill addresses will be the subject of a court challenge and that there is a very strong likelihood that any such court challenge would be won by the communities since this is an attempt to substantially alter the fiduciary relationship between the communities and the Crown. I repeat that it is entrenched in the Constitution and, consequently, it is impossible to remove one brick, or the whole thing will come tumbling down.

It should be noted that the unilateral manner in which the proposed measures were introduced violates the spirit of the state's commitment to the self-determination of the first nations. I am of course referring to commitments made internationally to recognize the self-determination of the first nations. I am also referring to undertakings given and promises made.

Last January, a supposedly historic meeting took place here in Ottawa. The meeting was intended to be inclusive, but I was escorted to the exit. I was not able to attend because I was an outcast. I ended up on the sidewalk with other aboriginals who were also treated as outcasts. So, inclusive was perhaps not the best way to describe the meeting.

At the meeting, billed as historic, the focus was on the need to work closely, as a team, and show a real willingness to co-operate with the communities. It was all for show, if I may say so. It was a big media extravaganza. There is evidence of this today: there was no real desire to have the first nations contribute.

As my colleague stated earlier, what happened is none too clear since it is uncertain how many communities were actually consulted before the private member's bill was drafted. The bill smacks of other private members' bills that have been introduced in the past. Bills are being systematically foisted upon us.

Paternalistic is an adjective that comes to mind. There are copycats on the other side of the House. My colleagues opposite are being rather paternalistic to these communities by unilaterally foisting legislation on them. There is a problem here, and my colleague opposite mentioned it earlier. There has been little transparency regarding the authenticity of any efforts to consult the communities to determine whether the legislation was relevant to them and whether the communities wanted it.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 6:05 p.m.
See context

Conservative

Brian Storseth Conservative Westlock—St. Paul, AB

Mr. Speaker, I thank the member for Desnethé—Missinippi—Churchill River for the opportunity to have a discussion and participate in this debate today. I also congratulate him for not only having the vision but the courage to put the bill forward.

I have had the opportunity to move a private member's bill through this hallowed place and it is not something that is easy to do, especially when one is not talking about national tree day or something that everyone agrees with, but talking about something that is somewhat contentious. It actually takes courage and strength of character to be able to even put the motion forward.

At the end of the day, I sit back and wonder what gives the member this strength. We need to look at his history and the fact that he is a member of Parliament who grew up on a first nation reserve, who raised his children in a first nations community, who has lived under this act and who understands what it does to individuals.

I have first nations communities in my riding. I have taken the opportunity not only to talk to some of the leadership of those communities, but to average people on the ball diamond, people who are affected by this act day-in and day-out and do not get some of the benefits that the leadership gets when they deal with the act. I must say that this is troubling. There is no one on either side of the House that has not called the Indian Act a paternalistic piece of legislation that is a failed opportunity for us to move forward. I do not think anyone disagrees that this is a failed piece of legislation. I do not think Canadians as a whole disagree with that.

We as Canadians are sitting on the precipice waiting for direction from the leaders who are voted into this place and who should help guide us in that direction. I believe there is a role for private members in this place. I believe that the private members who have lived their life under a piece of legislation, which we all agree has failed, should have the ability to stand in this place and say that we need to go forward in a different direction, that we should have these discussions in the House of Commons, in the Canadian Parliament, and that no one on any side of this House should be attacking people for simply putting forward the discussion.

I would direct members to the summary of the legislation that we are talking about. It reads:

This enactment amends the Indian Act to require band councils to publish their by-laws and repeals certain outdated provisions of the Act.

It also requires the Minister of Indian and Northern Affairs to report annually to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations organizations and other interested parties....

That is each and every year. If that is not starting a dialogue, I do not know what is. That is what this legislation is about. We all agree that this is a paternalistic piece of legislation that has been a failure and that is rooted in 200-year-old language.

What the member for Desnethé—Missinippi—Churchill River is saying is that we need to start having the conversation about how we will take this to the next level. I would remind members of the history of our government. We did not come into this place six and a half years ago with a national strategy to deal with it. We came with a plan, a plan that included amending the Canadian Human Rights Act to ensure first nation communities would be represented under the Canadian Human Rights Act.

I sat on the aboriginal affairs committee when that came forward and listened to the NDP members fight for two years for the ability to bring first nations communities under the Human Rights Act. They would much rather run to the United Nations and look for condemnation of Canadians as a whole than sit down, roll up their sleeves and work with this side of the House to make positive changes. Who here does not think, including every person in Canada, having first nations communities under the Human Rights Act is not a positive change?

The family homes on reserves and matrimonial property act sounds like a positive to me. What about the first nations financial transparency act? I am not sure what the opposition members have against transparency, but when I talk members of first nations communities, as I will be doing tomorrow in my riding, they demand transparency of their leadership just as they demand transparency of the Prime Minister, his cabinet and every member of Parliament.

We have the safe drinking water for first nations act. Those are just examples of things that our government did. We did not come in with a national strategy. We came in with a plan to actually make a difference in people's lives on reserve. I think that is much more important than taking another five years to develop another strategy that no one ever actually looks at implementing.

I sit here and wonder why they would not be in favour of things for first nations communities. Why would they not be in favour of bringing human rights to these communities?

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 6:10 p.m.
See context

An hon. member

Politics.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 6:10 p.m.
See context

Conservative

Brian Storseth Conservative Westlock—St. Paul, AB

The member is right, it has to be politics. They like the system because they benefit from it. They would rather stick first nations communities in neutral and never see actual action taken. They would rather have another white paper to discuss racist comments from 30 years ago than actually look forward into the future, as my hon. colleague from Desnethé—Missinippi—Churchill River would have us do, and start having the discussion and debate. That is how we make changes in this great country. It is through rigorous debate. It is okay to bring positions forward and have first nations communities bring their positions forward and have this reported back to Parliament every year. I could not think of a more democratic, collaborative approach than what the member is actually proposing and I congratulate him for that.

I will make one other comment, a plea actually. I would like the members of the New Democratic Party of Canada to stand up for once and throw off the shackles of their whip. On this side of the House, we have proven that we have the courage to stand up for our constituents and vote their conscience. I would ask the New Democrats to do the same. We are talking about having a conversation with first nations communities and Canadians with political parties reporting it back to Parliament. The New Democrats will still get a chance to have their input but I urge them to vote their conscience for a change.

Indian Act Amendment and Replacement ActPrivate Members' Business

October 18th, 2012 / 6:15 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper. The hon. member for Westlock—St. Paul will have three minutes when this matter returns before the House.

The House resumed from October 18 consideration of the motion that Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, be read the second time and referred to a committee.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 6:50 p.m.
See context

NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I am very pleased to have the privilege of talking about an issue as important as the one addressed in Bill C-428. I believe that this bill is important because it tackles the horrible Indian Act of 1876. There can be no doubt that this bill is one of Canada's most archaic colonial legacies. That is why I commend the member for Desnethé—Missinippi—Churchill River on his initiative. However, it is not enough. It is too little, too late. The Conservative government should consider a much farther-reaching rewrite of the Indian Act and a much more open process.

As a New Democrat, I believe that a complete overhaul of this cursed bill should be led by aboriginals. If the changes are imposed unilaterally, then what, really, has changed? That is why Bill C-428 seems inappropriate.

I will explain why this bill is not likely to go down in history. I do not claim to have a plan to make up for 136 years of colonialism, but I can say that ideally, new legislation should be drafted in collaboration with aboriginals, be introduced by the government and honour the goals of the UN Declaration on the Rights of Indigenous Peoples. Because Bill C-428 does not satisfy any of these conditions, I cannot support it.

I want to begin by pointing out that the goal of the 1876 act was the assimilation of all aboriginals and their forced integration into what was then a fledgling Canadian society. When I visit Manawan, people there are still speaking Atikamekw in 2012. In that respect, the act failed. It also includes many provisions that make life difficult for aboriginals. The government will have to do better than a private member's bill to fix it.

In 1969, the Liberal Party tried to get rid of the act in order to integrate aboriginals into Canadian society. That was supposed to happen without compensation, without special status, and with no respect for treaties signed in the past. As one, aboriginals rejected the idea, but that does not mean they wanted to keep the Indian Act. Quite the contrary.

In their red paper, aboriginals stated that it was neither possible nor desirable to abolish the Indian Act. They said that a review of the act was critical, but that it should not happen until treaty issues were resolved. Some 45 years later, that issue is still outstanding.

Other attempts were explored in this House. In 1987, a list was made of discriminatory provisions in the Indian Act, and this led to a bill. Later, in 2003, the Liberals introduced Bill C-7, which, once again, was heavily criticized by first nations. The Conservatives are now bringing forward Bill C-428, a private member's bill, which seems just as irrelevant as other attempts.

In the words of Einstein, “Insanity: doing the same thing over and over again and expecting different results.” In my opinion, this quote points to what is clearly lacking in Bill C-428: a different approach. Perhaps this flaw is the reason why there is very little support for the bill outside the Conservative caucus. The chief of the Assembly of First Nations, Shawn Atleo, said that this bill is along the same lines as the policy espoused in the 1969 white paper.

Had the Conservatives listened to Mr. Atleo, they would have understood that what to do with aboriginals is no longer the question. In the 21st century, the question is: what do aboriginals want to do with us?

Bill C-428, which the Assembly of First Nations has said came out of nowhere, does not reflect the current reality. During the Crown–First Nations Gathering, the Conservative Prime Minister spoke at length about how his government would work with the first nations.

Aboriginal peoples were not consulted about Bill C-428, or about Bill C-27 or Bill S-8. When the government promises something—and especially something so important—it must follow through. It is shameful to see that this government is not keeping its own promises.

Speaking of broken promises, the government committed to removing the residential school provisions from the Indian Act. We can see that the government preferred to hide the clause in a private member's bill. The NDP thinks that something so important should come from the government, and with apologies, no less. The government must take responsibility and come up with a real, serious solution to replace the Indian Act.

Bill C-428 contains some clauses that seem to be chosen at random, when they are not downright negative. For example, the elimination of the provisions dealing with wills and estates could put aboriginal people in a very frustrating legal void. Does the bill's sponsor understand its implications?

Finally, we must recognize that the living conditions of aboriginal people are getting worse all the time. While the first nations communities are experiencing an ongoing demographic boom, their social services budgets are increasing by only 2% a year, thanks to the Liberals. The fact that the social services budgets for other Canadians are increasing by 6% a year does not seem to bother the government at all.

Malnutrition and education problems are hitting first nations communities hard. I am afraid that the Prime Minister will have to do more than give a medal to Justin Bieber to make young aboriginals forget about this sad reality. When the government decides to really tackle the problems resulting from the Indian Act, I will be there.

Furthermore, I expect that the proposed measure will be very much in line with the United Nations Declaration on the Rights of Indigenous Peoples. This declaration, which Canada ignorantly refused to support, recognizes the specific needs of aboriginal people. It recognizes their right to be consulted about the use of resources on their land. Do we not owe at least that to those who played key roles in our history and the development of our economy?

If the government does not change its attitude toward the first nations, they will understand that the NDP is the only party that can offer them a truly open consultation process. We want to help them to govern themselves. Other Canadians need to know that the excellent social services they receive must also be provided to aboriginal people, in a spirit of sharing and recognition.

The Indian Act needs to be revised, but not without real consultation, clear objectives and a detailed plan of steps to follow. Unfortunately, Bill C-428 does not meet any of these criteria.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7 p.m.
See context

Kenora Ontario

Conservative

Greg Rickford ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I am pleased to stand today to speak to the private member's bill from the member for Desnethé—Missinippi—Churchill River. I count him not just as a colleague but as one of my personal friends. I could not be more pleased for the hard work he does, not just on the standing committee but as a first nations person in this place, starting a process that is long overdue and is a great opportunity for us as parliamentarians to debate.

Tonight I will address a couple of elements in the private member's bill. First is the issue of first nation bylaw publication; second, outdated sections in the act; and finally, the repeal of the residential school references in the act.

Currently, first nation band councils do not have the same opportunities that municipalities and rural municipalities have to independently develop bylaws. There is also no requirement for first nations to make their bylaws publicly available to their members. As a result, for years confusion has reigned as first nation residents and law enforcement officials have often found themselves in the dark as to the specific nature of the bylaws of each individual first nation.

In addition, first nation band councils have had to go to the Minister of Aboriginal Affairs to request approval for each and every bylaw. This cumbersome process has caused many bands to wait for extended lengths of time for approval or even to have their bylaws declined. Others have chosen to completely bypass the minister and as a result do not openly inform their membership of the changes to band bylaws.

Bill C-428 would create a more transparent and accountable process for first nation band members wherein first nation councils would be required to publish their bylaws on their website or via some easily accessible communication channel, such as a band newsletter or widely read local newspapers, television, et cetera. The bill would also eliminate the need to request approval from the minister. The requirement to make each first nation bylaw publicly accessible would provide clarity for first nation residents, visitors and law enforcement officials seeking to understand their role in either abiding by or enforcing these rules. It would also place the responsibility for these bylaw-making powers squarely back in the hands of the first nation, where it belongs, and provide grassroots members of the bands with greater accountability from their band councils.

This change would benefit not only law enforcement officers who would more fully understand the expectations of the chief and council of each first nation for a given bylaw, but also those members of the council and band members eager to see the bylaws that they have enacted enforced in an efficient, effective and timely manner. Importantly, this change would also streamline the decision-making process by eliminating the unnecessary step of having to submit any and every new bylaw to the Minister of Aboriginal Affairs and Northern Development for approval. Currently, following the submission of new bylaws to the minister, there follows a 40-day period during which the law may be disallowed by the minister.

Bill C-428 would also repeal sections of the Indian Act that, while they remain in the law, are no longer enforced. This is equivalent to what we would call “legal underbrush”, which confuses the real issues facing the Crown and the first nations. We must clear this underbrush away, so that we can see the parts of the Indian Act that are substantively affecting the daily life of first nations. One of these is the removal of restrictions on the sale of produce from reserves. There are several other similar examples of sections of the Indian Act that are no longer enforced and that simply have no place in modern legislation.

Though there have been numerous amendments to the Indian Act over the years, the substance of the statute remains very much in the 19th century and that fact is reflected in the language of the document. The bill would seek to do bring the language and content of the statute into the modern era. Incremental changes such as these would pave the way for future legislation to be developed in collaboration with first nation members that would benefit all Canadians.

Some of the detractors of Bill C-428 have chosen to ridicule this set of changes. That is misguided. As a lawyer, I feel very strongly that it is important to take those steps to remove from the law things that are no longer relevant, or in the case of residential schools, institutions we no longer support. It is a dark chapter in Canada's history and we must move on from that.

By taking concrete steps to amend the language and remove outdated and irrelevant sections of the Indian Act, this bill addresses some of the challenges facing first nations communities in regard to their political, social and economic development.

Bill C-428 would also remove the provisions allowing for the establishment of residential schools.

On June 11, 2008, the Prime Minister of Canada made an impassioned and heartfelt apology to the first nations people of Canada for the treatment of children in residential schools, a sad and shameful chapter in our nation's history. The Prime Minister deservedly received praise, not only for the sentiment of the statement but also for the eloquence with which it was expressed and the sincerity of his remarks. Following this momentous apology, the government also announced its intent to repeal those sections of the Indian Act that allowed for the establishment of Indian residential schools and the removal of children from their homes and communities.

Bill C-428 would do exactly that. It would remove from the Indian Act, once and for all, any mention of residential schools as well as the outdated language dealing with the religion of first nations residents in relation to their schooling. This would ensure that no future government could open a residential school for first nations.

The pain arising from the legacy of residential schools continues to affect constituents in the great Kenora riding and across the country. By removing this antiquated language and all references to residential schools, we can take another collective step on the path toward healing as a nation.

While the horrors of the residential school situation cannot be erased or forgotten, removing the segments of the Indian Act, which still to this day refer to residential schools, can provide a path to better understanding and can reassure our first nations' communities of our commitment to never see this happen again.

The Indian Act has had the effect of robbing children of their goals and ambitions. By nourishing and encouraging the dreams of first nations youth, we help not only these children but our entire community. For generations the Indian Act has allowed the potential of first nations youth to wither. We cannot afford to allow this waste to continue.

The colonial and discriminatory nature of the Indian Act has led to decades of discrimination and cultural division. The residential schools were a vehicle for the social, cultural and spiritual destruction that was embedded in the act. Removing offensive and irrelevant sections from the Indian Act is symbolic and will help residential school survivors on their personal path to healing.

Bill C-428 has as its primary goal the empowerment of first nations people and their governments. I am proud to stand here today in support of the work my colleague from Desnethé—Missinippi—Churchill River is doing in this regard. I thank the residents of the great Kenora riding, particularly our first nations communities, more than 42 in our jurisdiction.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:05 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I am pleased to rise in the House to speak to this bill. It is very clear that the member for Desnethé—Missinippi—Churchill River has the best of intentions. With great regret, I have to join those who are opposed to this bill. For the most part, it is not because of the substantive changes the member has brought forward, which a number of members in his party have spoken for. The main problem with this bill is that it is breaking the constitutional obligation for advanced consultation, consideration and accommodation.

I would go to the preamble of the member's bill. My concern with the preamble is the reference to the commitment of the Government of Canada to exploring creative options for the development of new legislation “in collaboration with the First Nations organizations that have demonstrated an interest in this work”. Right off the bat, the member is narrowing the constitutional obligation to consult with all first nations. Perhaps this was unintentional. The member might want to reconsider that, because I think he has the best of intentions for his fellow first nations. It fails to reference first nations governments, and that will derogate from the overriding constitutional obligation.

The bill proposes, as a number of members and the member who tabled the bill have pointed out, a number of measures to rescind or amend provisions in the Indian Act. For example, there are specific provisions to do with residential schools, wills and estates, the duty to attend school, the process for enacting band bylaws and the sale of produce. Few would oppose the right of Canadian first nations to make these kinds of decisions for their own peoples. The problem is not the intention of passing over those powers. The problem is the way in which the member has gone about it.

Another measure I find problematic, which would be a good provision if the rest of the bill could stand and if it had been consulted on in advance, is that the bill would require the Minister of Aboriginal Affairs and Northern Development to report annually to the aboriginal affairs committee on actions taken to replace the Indian Act. What would have been preferable in such a bill, and I would think first nations would agree, is that the report should be to Parliament, which is normally what happens with a matter of interest to this place. Of course, there should be the duty of prior consultation.

The member suggested when he tabled the bill that clause 2 of the bill, on the minister reporting to the committee, also requires a collaborative consultation between first nations and the Minister of Aboriginal Affairs and Northern Development on the Indian Act. Regrettably, there is no such provision in the bill. It would have been a useful one and would certainly be supported by first nations.

The biggest problem with this bill is the duty to consult. As I mentioned, and as should be known to members in this place, there is an overriding constitutional duty to consult. That duty was upheld in the famous Mikisew Cree case, which originated in my province, with the Mikisew Cree First Nation. It has been repeated in numerous cases since. That duty is on the Government of Canada to advance consultation, consideration and accommodation of first nation peoples' interests before any decision is made by the Government of Canada.

That duty is reiterated in the United Nations Declaration on the Rights of Indigenous Peoples in both articles 18 and 19. Article 18 states:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19 states:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

At the Crown-first nation gathering, as a number of members have pointed out, including the member who tabled the bill, the Prime Minister made certain commitments regarding the Indian Act. He stated:

To be sure, our government has no grand scheme to repeal or unilaterally rewrite the Indian Act.

Thus he undertook to work in collaboration with first nations should any changes be made to the Indian Act.

The member for Desnethé—Missinippi—Churchill River has advised the House that he had consulted first nations in the development of the bill and had found support. I conferred with a number of first nations, particularly in the Prairies, to determine their views so that I could share them in the House and confirm if they had been expressed to the member. This is what I have been able to determine. In the first nations that I was able to reach in Alberta, I was advised that several presentations were made by the member to the Alberta first nations after the tabling of the bill. That is not a case of advance consultation. Moreover, both of the sessions that were brought to my attention were ticketed events at a cost of $575, including for students. The notice for the meetings clearly said that space was limited and that it was not a consultation.

Alberta Treaty 8 Chief, Rose Laboucan, the regional chief responsible for legislation, advised me today that neither she nor her first nation had been consulted in the drafting of the bill.

I also contacted Saskatchewan first nations. I was provided with the following information. The Assembly of Chiefs of Saskatchewan and the Federation of Chiefs of Indian Nations were so upset by the presentation made by the member that they issued a series of press releases, which I can share. They said:

First Nation leaders attending the Federation of Saskatchewan Indian Nations Legislative Assembly were outraged and insulted by Member of Parliament [for Desnethe-Missinippi-Churchill's] presentation on his proposed private members Bill C-428.

In particular, Vice Chief Morley Watson stated:

Mr. Clarke requested due to his ongoing work on this Bill that he wouldn't allow questions from the floor at our Legislative Assembly on his Bill C-428. Chiefs were not consulted nor do we view his attendance yesterday as a form of consultation on what Mr. Clarke is trying to undertake with his proposed amendments to the Indian Act. This is furthering the White Paper Policy of 1969.

The vice chief then stated:

If you read the bill as presented there is grave concerns. It is designed to bring into reality the steps to get rid of the Indian Act. [The member] is putting in place the steps needed to accomplish this task. There are many—

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:15 p.m.
See context

Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Mr. Speaker, I rise on a point of order.

I believe the member was referring to a member of the House by name, other than the name of the constituency, so I would ask that you ensure that members are referred to by the name of their district rather than by their first or last names.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:15 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I did not name the member, I said the member for the constituency.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:15 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

I did not hear that. Obviously, the member for Edmonton—Strathcona, having been here, knows that she is not to use an individual's name and only the riding designation. However, I did not hear her use the name.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:15 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, as you will probably confirm, I actually conferred with you in advance to find out if I could say the name of the member and you confirmed to me that I had to say the name of his riding. I apologize if I am having trouble with the pronunciation. I am doing my best.

Continuing on, Vice Chief Watson said:

There are many issues with the Indian Act and this private members bill will not go ahead with the full inclusion and support of all First Nations. FSIN has a consultation policy and the federal government needs to recognize our Inherent, Sovereign and Treaty Rights.

The second release states:

The Member of Parliament for Desnethe-Missinippi-Churchill River...addressed Chiefs-in-Assembly regarding his Private Members Bill C-428 to amend the Indian Act. The approach used by Mr. Clarke to not take any questions from the Chiefs-in-Assembly offended and disgusted—

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:15 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

Order, please. You just repeated the member's family name.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:15 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

I am sorry, Mr. Speaker. I should have said the approach used by the member to not take any questions from the chiefs and assembly offended and disgusted his audience. The federation has sent a formal response letter to the Prime Minister's Office regarding the bill.

There was a third release in October expressing strong concerns with the bill. I will not read that out again, but strong concerns with the process followed.

I will share the words of the national chief of the Assembly of First Nations. He e has expressed concern:

Federal attempts to repair the much-hated Indian Act are not going to work because First Nations have not been involved in designing the way forward.

He then said:

...Ottawa has taken a piecemeal approach to First Nations reform—fiddling with education here, clean drinking water there—without tackling the fundamental problem of aboriginal treaties and rights not being respected.

He was quoted on Friday saying, “You've got to do them at the same time. They are one piece”.

I commend the member for coming forward and trying to spur changes in this avenue but. regrettably, there does not appear to have been sufficient prior consultation and, therefore, we cannot support the bill.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:20 p.m.
See context

Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, it is truly an honour to rise and speak about a subject that is dear to my heart, which is the replacement and eventual repeal of the Indian Act.

I have to commend my colleague for Desnethé—Missinippi—Churchill River for the courage he has shown in taking on this important issue. This is an individual who, as a first nation man, has conducted his whole life living under the Indian Act. He is someone who has been able to interact with his fellow first nation brothers and sisters for his entire life. This is consultation. It is a degree of consultation that no one in the House currently has, in my opinion, in their past. He has been meeting with people across Canada on this important subject. However, I do know of some recent bills that have not been consulted on.

The member for Edmonton—Strathcona has referred to article 18 of the UN Declaration on the Rights of Indigenous Peoples. She is quite right, there is an obligation to consult with indigenous peoples. I wholly support that and I thank the member for bringing it up. However, there are cases where it has not happened.

Yesterday, I was at the justice committee. Currently, Bill C-279 is before the committee and we had witnesses from the Canadian Human Rights Commission. I asked the commission whether that bill had an impact on first nation people. Are first nation communities impacted by this act and does it have an impact on the lives of first nation people? Their answer was yes, that bill absolutely does affect first nation people.

My question then became whether there was consultation on the bill? In fact, there was not. The member for Esquimalt—Juan de Fuca did not indicate that there was any consultation. I spoke with the Assembly of First Nations, which the member for Edmonton—Strathcona referred to as an important entity with which we discuss these issues. They are the bona fide organization of first nation people. However, they were not contacted on that bill. Also, during those deliberations, the member for Gatineau, in a cavalier way, just set aside that there was any obligation to consult with first nation people on that bill.

Therefore, I take offence to what the member is suggesting. The member for Desnethé—Missinippi—Churchill River is truly a hero to me and others in the first nation community for the work that he is doing. To suggest that we are not reaching out to our aboriginal friends is, in my opinion, not reality. It is something that we are endeavouring to do.

I would ask the member to talk to some of her colleagues about some of the bills that they are proposing and the impact they have on first nation people. She shakes her head much like the member for Gatineau, who cavalierly set it aside that there was any obligation to consult with first nation people on a bill that would impact their communities.

As I said, this is an important day. The bill is timely and necessary. With each passing day, the Indian Act is revealed to be unfit for the times in which we live. When it was first enacted in 1876, it disenfranchised first nation people and it still disenfranchises everyone who lives under it today.

Just recently, we have seen a clear example of why the Indian Act must go in my home province. In fact, in Manitoba in Buffalo Point First Nation there are residents, women and children, living in that community who risk being put out on the street because of political disagreements with their chief. Because of these protests, they could have their homes taken away from them and be disenfranchised through the powers granted under the Indian Act.

Imagine if this were to happen off reserve. Imagine if someone disagreed with their city councillor and all of a sudden were evicted from their home and put out on the street. There would be mass outrage and nobody would stand for that. This is the exact point I would like to make about this community and unfortunately sometimes other communities as well.

Disenfranchisement is occurring. It violates not only any sense of justice or decency but all democratic principles, which is one reason and just one reason why the Indian Act needs to be replaced. It is an archaic, oppressive and unjust legislation. It denies aboriginal Canadians the rights they deserve. It denies individual rights. It denies matrimonial and property rights, leaving women in danger of losing everything due to disputes outside of their control.

Many people may not be aware, but the Indian Act denies first nations people the right to control their own wills and estates. The Minister of Aboriginal Affairs and Northern Development has the power to void the will of a first nations person if he or she so chooses. As my colleague has said, Bill C-428 would repeal the sections of the Indian Act that gives this paternalistic power to the minister. It would be a step toward true freedom and independence for first nations people.

Bill C-428 would also return the authority over the creation of bylaws on reserves where it belongs, with the leadership of that reserve. As it currently stands, the Minister of Aboriginal Affairs and Northern Development must sign off on bylaws made by leadership on reserves. First nations people can govern themselves. They do not need this pre-Confederation prison to remain. As with the wills and estates rules, this is a further denial of independence and decision making for first nations people.

The Indian Act has no place in the 20th century or the 21st century. It is time to replace this act.

The member for Kenora, who was here earlier, has done great work as the parliamentary secretary to aboriginal affairs and has been a great advocate for the Métis people in my community and first nations Inuit people as well. I think back to previous members from other parties in that riding who have also done great work. A former member of the Liberal Party, Mr. Robert Nault, who was the then minister of Indian Affairs, brought forward some very innovative solutions, namely the First Nations Governance Act, which I thought was a step in the right direction. Many first nations did not like that approach, but many did.

One of the aspects of that bill on which everyone agreed was the Indian Act needed to be repealed. The starting point that everyone in the House agrees on is the Indian Act must be replaced.

I have had the opportunity to work with first nations people from across Canada. I have had the opportunity to work with first nations chiefs, councillors and regular community members. There is no question that everyone believes it is time for this act to be replaced. I believe the Indian Act is nothing less than a prison that shackles aboriginal people in our country and prevents them from achieving economic actualization.

We need to proceed with the initiatives that the member has proposed before the House. He started a debate that I am glad we are having. There are opinions from all sides on this matter, but what we can all agree on is that the Indian Act must be replaced. I would hope that at some point in the near future we can get to that moment where first nations people will be enfranchised and have the autonomy they deserve.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:30 p.m.
See context

Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, it is an honour to stand here today and close debate on my Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.

As a member of Muskeg Lake First Nations and as a former RCMP officer who spent a large part of my 18 years on the force doing first nations policing, I have seen first-hand the cultural, societal and economic barriers that the Indian Act has built. It is an archaic and colonialist piece of legislation that institutionalizes racism and represses the self-determination of first nations.

The Indian Act is completely contrary to Canadian values and has kept first nations from taking advantage of the same rights and opportunities that have been available to all other Canadians for 136 years.

Clearly, something needs to change. All Canadians recognize the hardship the Indian Act has caused my people and we are all eager for positive, enduring change.

After engaging with many first nations organizations, leaders, band members and other interested stakeholders, I believe we have arrived at an important turning point. My private member's bill is the result of significant open discussion and represents the desire of first nations to be self-reliant and free from the shackles of the Indian Act.

Throughout this engagement process, I have always welcomed feedback on ways the bill could be improved. I recognize that there may be a need for amendments that will clarify certain aspects of the bill and I have indicated that I am open to that.

I look forward to hearing more from grassroots members and leaders of first nations and other interested parties before, during and after committee hearings. Their suggestions and concerns will certainly be valuable to this process and will be taken very seriously.

I have been heartened recently to hear that first nations leadership has acknowledged that the Indian Act and its bureaucracy must go. It is important that first nations take leadership and initiative in order to ensure success.

I am proud that my Bill C-428 has provided the opportunity for a frank discussion and debate, and has led to a recognition of the fact that the Indian Act is a blemish on Canadian society in a way that has never been done before. Until we can provide for its replacement, it hinders first nations' success and prosperity.

I believe that my bill is only the first step in doing away with the Indian Act entirely, and we must continue to focus our efforts on fulfilling that goal. That is why I believe one of the most crucial components of my bill is the Minister of Aboriginal Affairs and Northern Development's duty to report to the aboriginal affairs committee on all work undertaken by his or her department in collaboration with first nations organizations, leaders, band members and other interested parties to develop new legislation to replace the outdated Indian Act.

The introduction of such a process accepts the need for ongoing collaboration between the Crown and first nations. Other parts of the Indian Act, like the subsections on will and estates, and the bylaw publication, emphasize the need to move beyond the Indian Act.

It is hard to believe that, in 2012, first nations reserves must seek permission from the minister to sell their produce and that they are prohibited from doing business with anyone they choose. These paternalistic features stand in the way of first nations independence and perpetuate the paternalism. It is about time that first nations are afforded the same rights and opportunities that all Canadians expect and deserve.

We have a unique opportunity today to fulfill this vision. My bill transcends partisan politics and I urge strong multi-partisan support.

The opposition needs to understand that first nations are as rich in diversity and opinion as all Canadians are. To think otherwise is outdated and out of touch.

Bill C-428 is just the beginning of a long road of empowering first nations people and doing away with paternalistic and offensive policies. I am confident it will spur the necessary change we are all striving.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:35 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:35 p.m.
See context

Some hon. members

Agreed.

No.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:35 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

All those in favour of the motion will please say yea.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:35 p.m.
See context

Some hon. members

Yea.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:35 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

All those opposed will please say nay.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:35 p.m.
See context

Some hon. members

Nay.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 7:35 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the division stands deferred until Wednesday, December 5, 2012 immediately before the time provided for private members' business.

The hon. member for Cape Breton—Canso not being present to raise the matter for which adjournment has been given, the notice is deemed withdrawn.

It being 7:38 p.m., this House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 7:38 p.m.)