Bill C-641 (Historical)

United Nations Declaration on the Rights of Indigenous Peoples Act

An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples

This enactment requires the Government of Canada to take all measures necessary to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

[Dr. Sheryl Lightfoot, Canada Research Chair in Global Indigenous Rights and Politics, University of British Columbia, As an Individual]

Thank you very much, Mr. Chair.

Good morning to those on the west coast, and good afternoon to those of you further east.

I want to open by acknowledging the lands of the Algonquin people where the hearing is physically being held, then also the lands of the Musqueam people where I have the privilege to work and live and where I am currently sitting joining you virtually this morning.

I'm Anishinabe, from Lake Superior Band of Ojibwe. I am Canada research chair and professor of global indigenous rights and politics at the University of British Columbia.

I had the honour to appear before this committee three years ago, in April 2018, when Bill C-262 was being debated in Parliament. Along with many other first nations scholars, advocates and community members, I, of course, was deeply disappointed by the failure to pass that bill into law.

However, I'm very pleased to be with you here today in hopes that Parliament can soon correct this historic failure and pass Bill C-15. I want to thank you for the invitation to appear today.

International human rights instruments like the UN declaration are developed with the intention that they will be implemented in domestic contexts and in full. In legal human rights scholarship, there is often talk about rights ritualism. In short, this means that states say one thing in the international arena, the human rights arena, and then do something else at home.

In my own academic work as a political scientist, I've observed a pattern that I have referred to as “selective endorsement”. What this means is that some states have attempted to water down the rights in the UN declaration, accepting only some of them for implementation and then self-selecting out of other rights. This is simply not morally acceptable to pick and choose human rights that one will respect while others are left behind.

I want to point out that rights ritualism and selective endorsement, as phenomena, are not limited to any one government or any one political party. Governments of all political stripes have repeatedly broken their promises to indigenous peoples. Treaties have been violated and Supreme Court judgments are at times reinterpreted and occasionally ignored, all the while portraying Canada as a global model for democracy and human rights.

Of course, many out there wonder if Canada is really serious about reconciliation. I've heard some very frustrated indigenous people say, reconciliation is dead.

What are we to do? Do we give up, or do we continue to try to find better tools?

I'm strongly in favour of the implementation model that Romeo Saganash created when he first brought forward Bill C-641 and then Bill C-262 to Parliament. This model, which is the foundation for Bill C-15, has a number of elements that I think are crucial.

First of all, it requires collaboration with indigenous peoples. It also requires concrete action including legal reform and, as has been discussed, the creation of an action plan, and it requires public reporting and accountabilities.

A large part of my own scholarly work involves looking at the comparative experiences of indigenous peoples around the world. I feel that Bill C-15 is advancing the global conversation and setting a very positive example for other states.

When we look around the world, we can see that a number of states have undertaken legal and policy measures to implement the declaration. As was mentioned in the first hour, committee members have heard about the national action plan process being developed in New Zealand, for example.

In addition, several countries in Africa have also implemented national legislation and policies to operationalize their commitments to the declaration. Constitutional reforms have also been an essential step, and Latin America has been especially proactive in this area.

National courts, from Belize to Botswana, Canada, Chile, Colombia, Guatemala, Kenya, Mexico and the Russian Federation have all cited the declaration in legal decisions nationally.

National human rights institutions in countries like Indonesia, Malaysia, Namibia, the Russian Federation and the United States have used the declaration as a framework for monitoring the implementation of indigenous peoples' rights at the national level. The declaration is also being implemented regionally, and examples here include the European Union and the Organization of American States, the African Commission and the African Court on Human and Peoples' Rights. The Inter-American Court of Human Rights has also drawn substantially from the UN declaration.

For more than a decade now, the declaration has been used to set guidelines and standards on the international level. A number of organizations have developed policies and/or guidelines to align with it. For example, and my colleague Professor Gunn mentioned some of these as well, the UN Development Programme, the World Bank, the Inter-American and Asian development banks and UNESCO. Various UN agencies and programs have addressed indigenous peoples' rights as they relate to business practices and commercial activity as well. International treaty bodies for the conventions that were signed are also increasingly utilizing the UN declaration in their assessments of compliance, therefore making the declaration legally binding through those treaties.

Quite simply, Bill C-15 represents the best approach to human rights implementation that I have seen from around the world, bringing all of these various elements together. Passing Bill C-15 into law will set a genuinely positive example for the rest of the world community. I know that other governments and indigenous peoples in other regions of the world are watching this process very closely.

Last week my colleague, Joshua Nichols from the University of Alberta and I published an opinion piece about the unfinished business of reconciliation. The Supreme Court has recognized reconciliation as a constitutional imperative. As Professor Nichols and I wrote, the court meant something much more profound and challenging than simply trying to get along. Reconciliation is about putting inherent rights and title into meaningful practice. As we said in the article, “Up to now, federal, provincial and territorial governments have largely left this crucial work in the hands of the courts. This has been a mistake.”

[Romeo Saganash, As an Individual]

Thank you, Mr. Chair, and good morning.

Good morning to other committee members. Thank you for the invitation to appear at this committee and make some opening remarks before we go into questions.

To date, the United Nations Declaration on the Rights of Indigenous Peoples has been reaffirmed by the UN General Assembly at least 10 times by consensus. That means it was done without a vote. So we can say safely today that no state in the world presently opposes the United Nations Declaration of the Rights of Indigenous Peoples. That's what it means.

Last December the UN General Assembly highlighted that the declaration, “has positively influenced the drafting of several constitutions and statutes at the national and local levels and contributed to the progressive development of international and national legal frameworks and policies.”

The UN declaration affirms, as Professor Gunn mentioned, a wide range of economic, social, cultural, political, spiritual and environmental rights. These rights are inherent, or as we say, pre-existing. So it is urgent for Canada to finally respect and implement those rights in federal legislation.

I am pleased that Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act, is based on my own private member's bill, Bill C-262, and goes further, as a matter of fact, in certain instances. In my countless meetings and conferences across Canada, Bill C-262 received widespread support from indigenous peoples and the general public. It wasn't easy tabling a private member's bill. My first bill on the UN Declaration, Bill C-641 was tabled in December 2014. It was defeated on second reading in April of 2015. In April 2016, I tabled a new and stronger Bill C-262. The House of Commons passed the bill at third reading on May 30, 2018. However, a filibuster by a few senators killed the bill in June of 2019, just a couple of days before the passing of my mom.

Therefore, I fully support Bill C-15 being tabled by the federal government in the House in early December 2020. Government bills can proceed more efficiently, I believe, before the House and the Senate. Bill C-15 confirms the declaration as the minimum standards for the survival, dignity and well-being of indigenous peoples. I would add security to that list. The bill must be implemented in Canada, as preambular paragraph 2 says.

As a survivor of Indian residential schools, I'm especially pleased that Bill C-15 acknowledges in its preamble the calls to action of the Truth and Reconciliation Commission and the calls for justice by the National Inquiry into Missing and Murdered Indigenous Women and Girls, both of which call for the implementation of the UN declaration.

In reviewing Bill C-15, we see that it is important to underline that its 17 preambular paragraphs have significant legal effects. They add important content to the seven operative positions in the bill and they must be fully considered. For example, doctrines of superiority—preambular paragraph 9—which include discovery and terra nullius, are condemned as racist and legally invalid. All forms of colonialism—preambular paragraph 10—are also rejected, and the Government of Canada has committed to advancing relations based on such principles as justice, equality, non-discrimination and respect for human rights.

In the preamble, paragraph 11 emphasizes the urgent need to respect and promote the inherent rights of indigenous peoples. The Supreme Court of Canada has also affirmed our inherent and pre-existing rights in section 35 of the Constitution Act of 1982.

In the preamble, paragraph 12 of Bill C-15 asks that the Government of Canada recognize that all relations with indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the inherent right to self-government.

As indicated in the two international human rights covenants, Canada has an affirmative obligation to recognize and respect our right to self-determination. This obligation has existed, as you know, Mr. Chair, since 1976 when Canada ratified the two international covenants.

In my introductory remarks, I would also like to emphasize two current problems with the current text of Bill C-15. First, in some instances, the English and French versions are not compatible, and this is a problem that must be immediately redressed.

A second problem is in section 4 of the act. As currently drafted, it erroneously conflates two distinct and separate purposes as a single purpose that appears to solely relate to the actual plan. This is patently incorrect and would not be consistent with C-262.

Section 4 should therefore read:

The purposes of this Act are

Followed by (a) and (b).

I think my time is up.

I'm looking forward to the questions from the members of the committee.

Thank you, Mr. Chair.

[Dr. Dwight Newman]

I don't know whether it's difficult to reconcile our positions or not, because honestly, I don't think I disagreed with anything Mr. Richardson said. I have, however, a set of issues with respect to the particular text of the bill and the way in which it's cast.

You're asking a good question about how, specifically, it could improve in the spirit of reconciliation. The first thing I'd say is that this is not something I can easily answer, and there are two reasons for that.

One is that I think Parliament needs to decide what exactly it's trying to achieve through the bill. Is it more important to send various questions to the courts, as clause 3 of the bill would seem to do, or is it more important that Parliament face up to those questions? I think there's a tension between those two things. As you say, there will be a governmental treatment and a judicial treatment, but it's important to reflect on what judicial treatment will result from what choice is made there.

Mr. Saganash had a prior bill, Bill C-641 in a previous Parliament, that didn't have all of the same clauses as this bill, if I understand it correctly. The question would be whether there are issues that arise from having all of these same clauses that are in this bill, or is this exactly what Parliament's trying to achieve despite the uncertainties to which it may give rise?

The second reason I'm not the right one to answer that question in full is that some of the questions I raised are questions of legal interpretation, something I have to do quite regularly but that bear on legislative drafting, in which I'm not an expert. That is a very specialized expertise. There are legislative drafting experts in the justice department, and I think it's important to employ that expertise in getting the drafting questions just right.

Aboriginal Affairs

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, once again the current government refused to uphold the fundamental rights of indigenous peoples as every single member of the Conservative caucus voted against the bill put forward by my colleague, Bill C-641. This important bill would have enshrined the principles of the UN Declaration on the Rights of Indigenous Peoples into Canadian law. However, by rejecting this bill, the government missed another opportunity to engage in genuine partnership with first nations, Métis and Inuit.

Why is the current government yet again refusing to respect the rights of indigenous peoples in Canada?

United Nations Declaration on the Rights of Indigenous Peoples Act

[The Speaker, Conservative, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-641, under private members' business.

The House resumed from May 4 consideration of the motion that Bill C-641, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, be read the second time and referred to a committee.

Aboriginal Affairs

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, responsible economic development requires a more constructive relationship, not just with the provinces but with indigenous peoples. The government has refused to engage respectfully. It has refused to build partnerships and respect indigenous rights.

However, as Alberta premier-elect Rachel Notley noted yesterday, we can be better partners and we can learn from our mistakes. Will the Conservative government take Alberta's lead, implement Bill C-641, and respect indigenous rights in Canada?

United Nations Declaration on the Rights of Indigenous Peoples Act

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, meegwetch. Today I am proud to rise again to defend Bill C-641, an act to ensure that the laws of Canada respect the UN Declaration on the Rights of Indigenous Peoples. I would first like to thank the other opposition parties for their express support of this bill.

As a jurist, I have deep respect for integrity and the rule of law. Last month, I spoke here about the legal reasons why the Canadian government must pass this bill. However, the federal government once again demonstrated its contempt for the rule of law.

We have long passed the time in history when it was thought acceptable for the Canadian government to make paternalistic decisions on behalf of indigenous peoples. Multiple international and national legal decisions reflect the shift society is making back towards the original spirit, intent and letter of the first treaties between our nations.

It is time for this Chamber to move forward honourably by respecting the Constitution and its promises.

In his response to my bill, the parliamentary secretary followed the well-established pattern used by federal government spokespersons when they address the rights of indigenous peoples. His speaking notes were filled with inaccuracies, showed a misunderstanding of the law and highlighted the government's ignorance of the will of indigenous peoples and, may I add, of all Canadians.

On April 13, a detailed legal response to the parliamentary secretary's comments was published by a coalition of organizations. It is a long list, and I will spare the House. However, I would like to take this opportunity to raise some of their points in the defence of my bill.

Contrary to the member's understanding, implementation of the declaration is a political, moral and, yes, legal imperative, without qualification. This was confirmed by a former special rapporteur, James Anaya. Since 2006, the Government of Canada has not fundamentally changed its adverse strategies and positions in relation to indigenous peoples' rights. Consistent with its international and constitutional obligations, the government has a crucial opportunity here to embark together with indigenous peoples on a collaborative and principled process supporting and adopting Bill C-641.

Yet, and this is troubling, the Canadian government applies a different and lesser standard to democracy, human rights, security and the rule of law when addressing the rights of indigenous peoples. That is shameful. This double standard is highly discriminatory.

In opposing Bill C-641, the federal government claims it is upholding core values and principles, and defending Canada's Constitution in the interests of all Canadians. It also insists that it is devoted to safeguarding aboriginal rights. Such claims do not withstand careful scrutiny.

In reality, the government willfully ignores the rule of law. This includes crucial rulings of the Supreme Court of Canada, which affirms indigenous peoples' right to give or withhold consent.

The government appears to view the declaration as a threat to the government's ongoing colonial domination. However, as underlined by a former special rapporteur on the rights indigenous peoples, “...no country has ever been diminished by supporting an international human rights instrument.”

I am happy to say that my Bill C-641, if fairly implemented in close collaboration with indigenous peoples, could mark a new beginning. Canada could be tremendously strengthened for the benefit of all.

Again, as a country, we need to be consistent. We need to be consistent in our application of such principles and values as democracy, human rights, the rule of law and security. We cannot insist on upholding these principles in the face of terrorism while not doing so in the face of fundamental rights of indigenous people. There is a name for that, discrimination, and that is prohibited under international law and prohibited under our Constitution.

I urge all members of this House to support Bill C-641.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I want to begin by acknowledging the very good work of the member for Abitibi—Baie-James—Nunavik—Eeyou and how important it has been for the House to consider Bill C-641.

I have been around for a number of years now. When many countries throughout the world endorsed the UN Declaration on the Rights of Indigenous Peoples, Canada was a laggard. It was only through sustained public pressure and perhaps some international shaming that Canada finally came on board and agreed to endorse the declaration.

I want to put this a little bit in context. In the actual declaration itself there is a statement from the Chair of the UN Permanent Forum at the General Assembly on the occasion of the adoption, September 13, 2007. In this statement, the Chair said:

This Declaration has the distinction of being the only Declaration in the UN which was drafted with the rights-holders, themselves, the Indigenous Peoples. We see this is as a strong Declaration which embodies the most important rights we and our ancestors have long fought for; our right of self-determination, our right to own and control our lands, territories and resources, our right to free, prior and informed consent, among others.

Further on in the statement, the Chair went on to say:

Effective implementation of the Declaration will be the test of commitment of States and the whole international community to protect, respect and fulfill indigenous peoples collective and individual human rights.

That is the important statement in this opening of the UN Declaration of the Rights of Indigenous Peoples. I would argue quite strongly that the Conservative government has absolutely failed in terms of any efforts to work toward implementation when it initially endorsed what it promised was to take next steps, and we have seen virtually no activity.

I was not surprised, unfortunately, to hear the member for Wild Rose talk about the Conservative government issuing a clarification statement after it agreed to support the UN Declaration on the Rights of Indigenous Peoples. In their clarification statement, the Conservatives continue to claim, despite substantial legal analysis to the contrary, that the UN Declaration on the Rights of Indigenous Peoples continues to undermine Canadian law and Canadian sovereignty.

I would like to point them to article 46 in the UN Declaration on the Rights of Indigenous Peoples. Article 46 says:

Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair totally or in part, the territorial integrity or political unity of sovereign and independent States.

This UN Declaration on the Rights of Indigenous Peoples is so important for our country moving forward in the 21st century in a more mature relationship.

I would argue that the colonialist and patriarchal approach that successive governments, since Canada's inception and before, have undertaken in terms of relationship with first nations, Inuit and Métis should truly be a thing of the past in the 21st century. Unfortunately what we continue to see, in case after case, is the continued lack of respect for the founding peoples of this country and the way forward in terms of free, prior, informed consent.

There are numerous examples of why this is important, but in my very brief time I want to briefly mention the New Prosperity mine. In an article written by Bill Gallagher, he said, “Native Legal Win # 191”.

That highlights the fact that there is court case after court case largely to do with resource development or consultation and accommodation, which continue to reaffirm that first nations in this country do have the right to free, prior and informed consent, and do have to be included when decisions are made. In the New Prosperity mines, it was just one more example of how, if governments and business would come together and recognize that first nations have the right to determine what happens on their territories, then we would not have millions of dollars tied up in court cases where we continue to see industry not moving forward.

When we are speaking to leadership with first nations, Inuit and Métis, we find that the leaders and communities continue to say, “We are not opposed to development. We want to see our communities prosper. We want to see jobs created, but you need to include us.”

In the most recent Tsilhqot’in decision, it is not just about consultation and accommodation, it is actual consent.

A number of others have talked about some of the ongoing problems, and I want to talk briefly about Jordan's principle, and the latest Auditor General report 2015: access to health services for remote first nations communities. Jordan's principle was unanimously passed in this House many years ago. In 2015, we continue to have a complete and utter failure in terms of providing health care services to first nations communities, and rural, remote communities and many other communities.

It is just one more example of how we are failing to respect those very important relationships. I would encourage every member in this House to support Bill C-641.

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, I am thankful for this chance to speak today to Bill C-641. The bill provides us with an opportunity to reassure the House of our government's sincere desire to work co-operatively with willing partners to improve the well-being of aboriginal peoples across Canada. Our government's actions on this front demonstrate an impressive record of achievement.

In 2010, we endorsed the underlying principles of the UN Declaration on the Rights of Indigenous People. However, it is important to remember that under this government Canada has been working to advance these rights and improve the quality of life on reserve since we were elected. As we endorsed the declaration, we made sure to issue a statement of clarification, because beyond the principles that guide the United Nations Declaration on the Rights of Indigenous People, there is a far more serious concern regarding Bill C-641.

Fundamentally, certain provisions of the declaration are incompatible with existing Canadian law or our Canadian context. Certain sections of the declaration, depending on how they are interpreted, go beyond our country's laws. Therefore, while we endorse its guiding principles, Canada interprets these principles in a manner that is consistent with Canada's Constitution, legal framework and cultural realities. Our government's position on this issue is well-known and has not changed since our endorsement of the principles of the declaration in 2010.

More integral to today's discussion is the fact that the work we are carrying out in partnership with aboriginals is already achieving the intent of the declaration. There are numerous examples of our government's investments and initiatives to improve the quality of life and standard of living of aboriginal peoples in Canada. We have taken steps to ensure people have reliable access to safe drinking water with the passage of the Safe Drinking Water for First Nations Act. Our government is currently working with first nations to develop enforceable federal regulations, which will ensure residents on reserve have health and safety protections for drinking water that is the same as those enjoyed by other Canadians. We are matching this legislative step with the funding and the investments required to implement it. Since our government was elected, we have completed roughly 200 major water and waste water projects or upgrades in first nation communities across Canada.

In addition, our government's aboriginal entrepreneurship program and the procurement strategy for aboriginal business have proven to be effective and successful tools in helping aboriginal people participate in Canada's economy through entrepreneurial and business pursuits. Through the establishment and capitalization of the Aboriginal Financial Institutions network in the mid-1980s, over $2 billion has been loaned to aboriginal businesses. Since the launch of the procurement strategy for aboriginal business, contracts awarded to aboriginal businesses pursuant to the strategy have surpassed $1 billion. Over the last 5 years, Aboriginal Affairs and Northern Development Canada has also helped aboriginal women to develop their business capacity development through 21 projects totalling just under $3 million.

Just as vital, we are working in partnership with first nation communities and organizations, developing a range of initiatives to help young people lead more independent and self-sufficient lives by providing them with the skills and training they need to find and hold meaningful, sustainable employment. These initiatives include the income assistance reform. This will couple financial assistance to eligible on-reserve individuals, including pre-employment supports. These supports include life skills training, education upgrades, career counselling, apprenticeships, as well as wage subsidies aimed at encouraging employers to hire.

Our government understands that the best way to improve the quality of life on reserve is to give first nations people the tools they need to secure meaningful employment and fully participate in Canada's economy. Through this program, eligible first nation youth aged 18-24, through case management, develop individual action plans aimed at addressing existing barriers to employment. Youth can access a range of services and programs aimed at overcoming barriers to employment, increasing employability and providing support to transition into the workforce. Once job ready, first nations youth are referred to training programs that provide job coaching, skills assessments, personalized training and other activities geared to enable young men and women on reserve acquire good jobs and begin fulfilling careers.

Our government knows that a large portion of aboriginals in Canada live not on reserves but in urban centres.

To that end, on February 6, 2014, we announced the improved urban aboriginal strategy, investing $53 million in 2014-15 and in 2015-16 toward increased participation of urban aboriginal people in the economy. The improved strategy will support Canada's growing urban aboriginal population by ensuring that urban aboriginal people are provided with the training and skills they need to participate in the economy. This new, streamlined approach will result in savings by reducing the cost of administering and delivering the programs, resulting in more funding being available for aboriginal organizations, projects, initiatives and programs.

Over and above these measures, our government has strengthened legislation to strengthen economic development on first nations land. For example, the First Nations Commercial and Industrial Development Act enables communities to register reserve lands to make the most of their real estate. Meanwhile, the First Nations Fiscal Management Act empowers first nations to build stronger business environments to attract investment. These collective efforts and investments are focused on outcomes and results.

Economic development, access to training and supports, and urban investments are focused on the shared goal of achieving stable incomes. Stable incomes help to create stable families and, in turn, a better future.

Community infrastructure is an important element that allows individuals to be able to realize their potential. This is why our government has been investing in community infrastructure on reserve. For example, in November, 2014, the Prime Minister announced $5.6 billion in infrastructure funding across Canada. This included confirming the $500 million announced as part of budget 2014 for on-reserve schools. This investment builds upon the $1.9 billion invested between 2006 and 2014 to improve first nations school infrastructure.

Since being elected, our government has also provided $2.3 billion in on-reserve housing to first nations. Collectively, this funding contributed to the construction of almost 12,000 new units and approximately 22,000 renovations. These numbers translate into a higher quality of life for first nations people.

Especially promising is that we are working with aboriginal organizations, other governments, and industry engaged in the natural resources sector to identify the best ways to involve aboriginal communities in development projects. Over the next 10 years, more than $650 billion in new investments is planned for hundreds of major resource projects. Many of them are located within or close to aboriginal communities. Some 32,000 aboriginal people already work in energy, mining, and forestry jobs throughout Canada. With 400,000 aboriginal youth about to enter the labour force within the next decade, there will be unprecedented opportunities for aboriginal employment in the resource sector.

Speaking also to advancing economic development, our government is negotiating modern treaties and settling specific claims. Apart from creating certainty for investors, these settlements provide aboriginal communities with the lands, resources and authorities they need to determine their own destiny.

Taken together, these numerous and diverse actions hold the key to building a brighter future for aboriginal peoples in Canada.

Thus, while Bill C-641 is perhaps well intended, it is simply not necessary. Our government is already working with willing partners to improve the quality of life and prosperity of our aboriginal people in Canada, not because of the declaration but because of our government's commitment to the well-being of all Canadians. For this reason, I cannot support the proposed legislation.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, as always, it is a great honour to rise in the House representing the people of the Timmins—James Bay region. I am very proud to speak on the excellent work of my colleague from Abitibi—Baie-James—Nunavik—Eeyou on Bill C-641, an act that will ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

As I rise to speak today, 1,900 people from one of the communities that I represent, Kashechewan, are being put in evacuation centres across the province. Ten years ago I sat at the table with the federal government, senior representatives and all the key bureaucracies, and witnessed the signing of an agreement, a promise to move that community. When it came time for the chief to sign the piece of paper, we read the agreement, and none of the verbal promises that had been made were in writing. We were told that we could trust the honour of the Crown.

It shows the incredible power disconnect between the federal government, with all of its resources, and an impoverished community that had to trust the goodwill of the Crown. Well, we saw the goodwill and honour of the Crown. It ripped up the agreement. Ten years later, seven or eight evacuations later, the trauma continues in Kashechewan.

That is why we need to deal with this issue in the House of Commons. We are talking about the primary relationship on which this country is built, the primary relationship between the people who came here to settle and the indigenous people who lived here. In many areas, that was put in signed treaties. It was the agreement that told James Bay and Fort Albany, in 1905, that the agreement would last as long as the rivers run and the grass grows. The rivers are certainly running on the Albany River right now. However, the federal government has refused to recognize its obligations.

There is an unbroken line of abuse from those times until today, through successive Liberal and Conservative governments. It is to the point where bills are brought forward on which the justice department routinely does not bother to check if they are consistent with the basic treaty rights guaranteed under the Constitution. The response from the federal government, if it is challenged on this by any first nation community, is that it will take it to court. It has endless pockets and it knows that the communities that are standing up to this do not.

It is very interesting. In 2012-13, the legal costs in the Department of Indian Affairs were $106 million, while the government spent only $66 million for legal costs at Revenue Canada and $37 million for legal costs at the RCMP. Are we to understand that it spent double, maybe triple, the cost fighting indigenous rights than it did going after international tax fraud and criminals? That appears to be the issue.

It is not just issues of legal rights in terms of the obligation to consult. We see that every single time the government has gone to court, it has lost. There is an unbeaten string of victories recognizing the obligation to consult, the duty to consult, the need to recognize the constitutional land rights of first nation indigenous people in this country. Therefore, why do we have a Parliament that continues to pretend that those rights do not exist?

I want to talk a bit about how some of these legal rights are being undermined, not so much about the treaties and land rights, but the rights of children. Canada is one of the 193 signatories to the rights of the child convention. It is the most ratified human rights treaty in the world and provides obligations for each signatory state to guarantee the rights of children. Article 4 of the convention requires that signatories take “all appropriate legislative, administrative, and other measures” for the realization of the rights of children. This is something that the justice department under the current government is very proud of. It is certainly willing to lecture other nations that sign this agreement.

The justice department website I was reading said the following:

Children...deserve special protection because of their particular vulnerability. This is the modem concept of the child on which the Convention on the Rights of the Child...is based.

....the best interests of the child shall be a primary consideration in all actions concerning children.

In fact, the justice department says that signatories to this agreement cannot claim that domestic law supersedes the obligations of this international treaty.

It is very interesting that the government would take this position when it is talking about every other country in the world. However, when it comes to indigenous children in Canada, it has a bit of a different position.

I have a letter that was sent from civil litigation and advisory services of the Department of Justice to the Human Rights Tribunal that is dealing with the Conservative government's systematic discrimination against indigenous children. It talks particularly about the UN Declaration on the Rights of Indigenous Peoples. The letter says:

The declaration is not a legally binding instrument. It was adopted by a non-legally binding resolution of the United Nations General Assembly. As a result of the status, it does not impose any international or domestic legal obligations upon Canada.

Therefore, the government will stand up and tell other countries that they have to protect the rights of children, but when it comes to protecting the rights of indigenous children in this country, the government will fight in court, spy on Cindy Blackstock, spend millions of dollars, and do whatever it takes to deny children their most basic rights.

What rights are we talking about? I will talk about the House of Commons standing in this House— and I was there on December 7, 2007—on the rights in Jordan's principle because the current federal government continually refuses to pay for basic medical care for children who are in care. The government will put them into foster care in the provincial system, but it will not pay for the most basic support.

In 2011, Maurina Beadle of Pictou Landing First Nation, in Nova Scotia, went to court to try to force the current government to get home care for her badly disabled son, 16-year-old Jeremy Beadle. Jeremy suffers from cerebral palsy, hydrocephalus, and autism. He only responds to feeding from his mother, and he can become physically abusive when other adults try to intervene. Jeremy's mother is the only person he responds to; otherwise, he could die. However, she has had to fight the government in federal court for years. In fact, the Pictou Landing First Nation's budget was going broke because it was trying to support this woman and her child at home.

The government lost the case. The courts noted that the current federal government stood up for Jordan's principle, yet had the nerve to go to court to fight its implementation. The Beadle family and Pictou Landing First Nation won, but the Conservative government appealed. Not only did it appeal, but it wanted the court costs of the federal government paid for by the family for having the nerve to stand up to it.

When that information got out, the government was forced to beat a hasty retreat because of the shame, people realizing that the government would go to this extent, go after a child who has the most basic need for support, and a mother who asking for what any mother in any community in this country would take for granted: the right to be able to look after her child in dignity.

We are talking about a fundamental breach that has existed. The current government has been militant in ensuring that this breach continues, which is the refusal to recognize the basic rights of indigenous people in this country.

My colleague has done great work on this at the United Nations level, but it is also about recommitting ourselves to the relationship that goes back to the royal proclamation that people could live in peace in this country. If members read the book Champlain's Dream, they would find it is a beautiful book about Champlain leaving France because he was tired of the violence and civil wars. He thought perhaps in Canada that there may be a different way to build a nation. We have to restore that fundamental relationship, because it is the relationship and it will continue regardless.

For my colleagues in the Conservative Party who believe that they can continue to treat the people on reserve as some kind of hostage population who stand in the way of access to resources, they are making a fundamental mistake. We will never be the nation we were meant to be until we restore that relationship.

We have to stop wasting enormous dollars fighting the rights of people in court. We have to respect those rights. Those are the rights on which our nation is founded.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as has been indicated by the Liberal Party critic, we wholeheartedly support Bill C-641 moving forward. I think the vast majority of Canadians understand why it is important for us to deal with the issue of the UN Declaration on the Rights of Indigenous Peoples. This is something that I believe crosses the different party lines. In listening to debates on issues of this nature, at times they can become quite partisan. I want to reflect upon a couple of aspects, maybe something different from what the Liberal Party critic commented on, just to personalize it.

We heard from the last speaker about the importance of consultation and working with first nations leaders, leaders of our aboriginal communities, and so forth. Over the last number of years, different pieces of legislation have been brought forward and ultimately passed, through time allocation, with very little real consultation taking place. There has been an exclusion of individuals who could be providing fantastic leadership on the issues which the House has to deal with in one form or another, but they have been excluded from the process in particular in the development of the legislation.

Working hand in hand and enabling the first nations leadership to develop good national legislation to empower different communities in all regions of the country is something that has been lost in good part because of the government's attitude toward working with the first nations.

I like to refer to what Paul Martin, a former prime minister, was able to achieve in a relatively short time span. I am referring specifically to the Kelowna accord. I look at the Kelowna accord as a model that could be achieved if government was prepared to focus its attention on dealing with the issue which I believe many Canadians want us to deal with.

The Kelowna accord was worked on for literally hundreds, if not thousands, of hours, at all different levels. It incorporated discussions between the federal government and first nations chiefs and councils, directly and indirectly. It incorporated provincial jurisdictions and territorial jurisdictions. There was a phenomenal amount of feedback. Ultimately, this led to an agreement which was signed off on. I believe there was a general consensus that that was the way in which we needed to operate.

It is with great pride that I look at Paul Martin not only as the prime minister who ultimately ensured that we had a Kelowna accord, but as someone who, even since being prime minister, has made a sincere and genuine effort to maintain many of the contacts and to continue to encourage co-operation in trying to improve and work with and support those who are trying to improve the conditions and the lifestyle of many of the first nations in all regions of Canada.

We look at the types of things and issues that are out there. We often hear about land claims and issues of that nature, but the issues that I believe do need to get more attention are issues specifically dealing with such things as housing, the quality of education, and employment opportunities.

From my perspective, those are some of the critical issues that we have to work with. We have to ensure and follow leadership from the first nations, and empower that leadership so we can move further on those important files.

I have had the good fortune of working with some fantastic individuals in the past, one being Elijah Harper. Elijah Harper, from the province of Manitoba, has been an inspiration to many, including first nations and Canadians as a whole. The late Mr. Harper and I had the opportunity to meet in 1988. We were able to work through and have discussions on the Meech Lake accord, in 1990, and we would visit in the lobby while I was a Liberal member of Parliament. Unfortunately, due to his untimely passing, I am no longer able to consult or work with Mr. Harper. However, I believe he left a lasting impression among first nations in particular, as he did with me. Many will look at the leadership he was able to provide, especially during the late 1980s and 1990s and the turn of the century.

Phil Fontaine is someone who has been absolutely critical in terms of his commitment in providing knowledge on important files. It is important for politicians to have an appreciation of that knowledge. This includes the issue of residential schools and where we should be going from here. I know first-hand how influential Mr. Fontaine was, whether within the Liberal Party or with political leaders of all stripes. I believe people had a decent understanding of issues after meeting with someone like Phil Fontaine.

I cite those names in particular because I believe there are many like Elijah Harper, Phil Fontaine, and Paul Martin out there who have a burning desire to make a difference. Given the opportunity and the platform to to do so, I believe we would have an impact on issues such as improving employment opportunities and the quality of education and housing. These are very important issues. It behooves all of us to get a better understanding of them in order to enable our communities to provide the leadership necessary to tackle the many problems and issues that need to be resolved.

This is something that I myself am committed to. I look to the Prime Minister as an example. On many occasions, I have had the opportunity to raise the issue of murdered and missing aboriginal first nations women and girls and the call for a public inquiry. The public inquiry is something that my leader and the Liberal Party are committed to. We believe that this not only has to be done, but that the broader community would benefit by having it conducted.

There is so much that can be done. At the end of the day, I would like to see an enabling of first nations and aboriginal leadership from within, to make decisions and assist and educate the rest of us.

[John Barlow, Conservative, Macleod, AB]

Mr. Speaker, I would like to thank the hon. member for Abitibi—Baie-James—Nunavik—Eeyou for introducing this bill and prompting this important discussion. His passion on this issue was quite evident and I want to recognize him for that.

While I may oppose the passage of Bill C-641, I agree that issues related to aboriginal rights are an integral part of Canada's past and future. My southern Alberta riding of Macleod has a rich first nations history, and I am proud to represent them here today.

It is well known that our government has been working on reconciliation and the implementation of aboriginal rights across Canada. As a member of the aboriginal affairs and northern development committee, I am particularly pleased to have the opportunity to address this subject.

In 2010, it was this government that endorsed the United Nations Declaration on the Rights of Indigenous Peoples underscoring our commitment to reconciliation, to building a positive and productive relationship with first nations, Inuit and Métis peoples, and to improving the well-being of aboriginal Canadians. As we said when we endorsed the declaration, the government's vision is a future in which aboriginal families and communities are healthy, self-sufficient and prosperous. Just as much as that vision remains true today, it has guided the actions of this government from the beginning.

The Prime Minister's 2008 historic apology to former students of Indian residential schools, to their families and communities remains the most public manifestation of this government's, indeed of any Canadian government's, commitment to reconciliation. The Prime Minister's heartfelt words will echo for generations, for they marked not a conclusion but a beginning of a new era of aboriginal relations in this country.

The creation of the Truth and Reconciliation Commission as part of the Indian Residential Schools Settlement Agreement was another watershed moment. The commission's activities and outreach have been fundamental to the process of reconciliation. As hon. members are aware, our government has extended the commission's mandate by an additional 12 months, to June of this year. This will ensure it can report fully on this historic injustice and start Canadians on the path of reconciliation. The work of the commission will stand as a lasting reminder that there is no place in Canada for the attitudes that inspired the Indian residential schools system to ever prevail again.

Even more than this, our government has redoubled its efforts to work in partnership with aboriginal peoples to foster opportunities for a better future for aboriginal peoples throughout Canada.

It must be said that this work is achieving real results. Our government is delivering on economic development, on housing, and on child and family services. We are producing results with respect to education, access to safe drinking water, and especially governance. We are making concrete developments related to sharing benefits of natural resources development in traditional aboriginal territories, on the extension of human rights protection, and on matrimonial real property protection to first nations on reserve.

We are accelerating efforts to resolve the past grievances of first nations relating to Canada's obligations under historic treaties with tools such as the expedited specific claims process. This new process brought in under our government allowed the minister to clear away a backlog of specific claims left behind by the Liberal government.

Progress in areas such as the settlement of specific claims is essential to advancing reconciliation while establishing a more predictable climate for economic investment and increased prosperity for aboriginal communities, things that work to the benefit of all Canadians. These treaty agreements provide aboriginal communities with the lands, resources and the tools they need to determine their own destiny and take advantage of opportunities for economic development in ways that they could not have been able to before.

Our government has committed to reach specific claim settlements fairly and expeditiously through negotiation with first nations, and the results cannot be denied. Since 2007, 125 specific claims have been negotiated, representing some $2.2 billion in settlements for first nation communities across the country. We are equally committed to negotiating fair settlements to self-government and comprehensive land claims, and we are responding to aboriginal groups and others who have long called for reforms to the federal approach.

In July of last year, the minister announced a number of measures to address key impediments to concluding modern treaties. This included making important changes to Canada's own source revenue policy and resuming negotiations related to the fisheries in British Columbia.

In addition, the minister also announced important new measures to promote reconciliation in advance of and outside of treaty. Canada will now consider proposals to negotiate incremental treaty and non-treaty agreements. These are two important new tools to help strengthen partnerships with aboriginal groups and help address their section 35 rights.

Incremental agreements could address one or more elements of an eventual treaty, or could exist as stand-alone agreements in the event a treaty is not concluded.

Moreover, our government has clarified Canada's approach to the resolution of shared territory disputes in the context of resource development, and we continue to take seriously our duty to consult with aboriginal groups, particularly those in priority areas of high resource development.

We are engaging aboriginal groups and other stakeholders in the renewal of federal consultation guidelines, including new industry guidance and a public statement to clarify Canada's approach to aboriginal consultation.

Our government is also working toward developing a new framework for addressing section 35 aboriginal rights through dialogue with aboriginal groups and other stakeholders.

As a first step in the development of this new framework, the minister appointed Douglas Eyford as ministerial special representative to lead engagement with aboriginal groups and key stakeholders on renewal of the comprehensive land claims policy. Over the past six months, Mr. Eyford has met with representatives from more than 100 aboriginal groups, federal, provincial and territorial governments, and industry.

Mr. Eyford's report is now in hand. Over the coming months, we will engage with aboriginal groups as well as other stakeholders to seek their feedback on Mr. Eyford's recommendations. At the end of the process, we hope to have an improved comprehensive claim policy that will ensure collaboration between parties and enhance the B.C. treaty process.

This is the Canadian way, to address these matters not unilaterally, but through a process of respectful partnership, consultation and negotiation, a process that supports reconciliation and one that leads to shared solutions that work for aboriginal and non-aboriginal Canadians alike.

We believe that much of the work our government has done with first nations is actually compatible with the spirit of UNDRIP. However, our government has also been very clear. We continue to have serious concerns regarding certain clauses of the declaration that go well beyond Canadian laws. Canada has a constitutionally entrenched framework in place that ensures the recognition with, and when appropriate, accommodation of potential or established aboriginal and treaty rights with respect to crown activity.

This is important for good governance, sound policy development and decision-making. This framework balances the interests of aboriginal and non-aboriginal Canadians and has served as a model for nations around the world.

However well-intended the bill may be, it is the view of this government that supporting Bill C-641 would run the risk of hindering our ability to balance these interests and realize solutions that work for all Canadians.

For these reasons, I urge the House to join me in voting against it.

The House resumed from March 12 consideration of the motion that Bill C-641, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, be read the second time and referred to a committee.

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, I appreciate the opportunity to participate in the debate on Bill C-641, the United Nations Declaration on the Rights of Indigenous Peoples act. It is a bill that calls on the government to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

I am the member of Parliament for Yukon, and nearly 25% of my constituents are first nations people. Members can be assured that I understand how important it is that our government upholds aboriginal rights.

In my speech today, I will be outlining several of the key ways that our government is already setting the standard when it comes to honouring these rights.

To begin with, we take great assurance from the Canadian Charter of Rights and Freedoms, which guarantees the rights and freedoms of all individuals, including aboriginals. Moreover, section 35 of the Constitution Act, 1982, specifically recognizes and affirms existing aboriginal and treaty rights of first nations, Inuit, and Métis in Canada.

As encouraging as this may be, our Conservative government has not been content to leave aboriginal rights and protections here. It has done much more.

I remind my hon. colleagues that it was this government that finally rectified a long-standing injustice related to the Canadian Human Rights Act, a law dating back to 1977. Our government repealed section 67 of the act, a section that effectively exempted the Indian Act from its scrutiny. In doing so, it has given first nations people affected by the Indian Act full access to Canadian human rights law. Indeed, at no time in Canadian history have aboriginal rights been as strong as they are now, and that is largely thanks to this Conservative government.

This is not the only example of how our government's efforts have been maintained to protect and promote the rights of aboriginal people. For instance, in collaboration with first nations people and communities, we developed legislation to address an unacceptable and discriminatory practice. Of course I am referring to the legislative gap regarding matrimonial real property rights on reserves. The Family Homes on Reserves and Matrimonial Interests or Rights Act guarantees that individuals on reserves, especially women, have rights and protections comparable to other Canadians when it comes to matrimonial real property.

This is real, tangible work that not only protects aboriginal rights but also protects aboriginal people. This legislation remedied a gap in our country's legislative framework that led to many women on reserves being denied ownership of, and even access to, their homes when their conjugal relationships broke down. To assist first nations communities, we have established the arm's-length Centre of Excellence for Matrimonial Real Property.

At the request of first nations, our government also passed the First Nations Elections Act. The legislation provides, for the first time, a strong, open, and transparent first nations electoral system that is comparable to Canada's federal election system. Aside from upholding voters' rights to free and fair elections, the act supports the political stability necessary for first nations governments to make solid business investments, carry out long-term planning, and build relationships.

The First Nations Financial Transparency Act has further strengthened first nations residents' rights and freedoms. This legislation, which also came about at the request of first nations, is increasing transparency and accountability among first nations leaders, empowering community members, and making their governments more effective. Unsurprisingly, this bill, one that provides basic financial transparency on reserve, was opposed by both the NDP and the Liberal Party.

We have also initiated innovative processes to advance treaty negotiations and reconciliation. It is now possible to negotiate incremental treaty agreements, and there is a clear procedure for resolving disputes that stem from conflicts in treaty claims.

Of course, respectful negotiation is not anything new for our government. We have consistently negotiated with first nations to fulfill the fundamental rights of these communities over their traditional lands and waters and over resources on those lands and waters. Since 2007, more than 100 specific claims have been resolved through negotiated agreements. I know that the Minister of Aboriginal Affairs and Northern Development is particularly proud of this accomplishment. That is because much of the progress that we have made in resolving these claims was done to eliminate a backlog left behind by the previous Liberal governments.

As well, this government appointed a ministerial special representative to work with aboriginal groups, provinces, territories and key stakeholders to renew and reform the comprehensive land claims policy.

Our government has also taken steps to expedite the negotiation of treaties by making important changes to Canada's own source revenue policy, resuming treaty fisheries negotiations in British Columbia and employing an additional approach to achieving certainty that was developed in partnership with negotiation partners.

Since 2006, six comprehensive land claims agreements and one stand-alone self-government agreement have been signed between the Government of Canada and first nation and other aboriginal governments and groups.

Clearly, more than simply aspiring to realize the goals of the UN Declaration on the Rights of Indigenous Peoples, we are clearly advancing this agenda. We are making progress on multiple fronts, from human rights and matrimonial property rights, to free and fair elections, to increased financial accountability for first nation officials, to treaty and land claim negotiations.

Despite all of the work that has already been accomplished to advance aboriginal rights, I would be remiss if I did not join my colleague from Chilliwack—Fraser Canyon, the Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development, in discussing the potential danger of adopting the bill.

As he mentioned in his speech, the danger stems largely from article 19 of the UNDRIP. The threshold that the bill sets for aboriginal consultation to seek the free, prior and informed consent of aboriginal people is too high. Even the Supreme Court of Canada agrees. It has been clear that while there certainly exists a duty to consult and, where appropriate, accommodate, there is no duty for the government to secure consent before advancing legislation.

More shocking is that article 19 would give first nations an effective veto over any legislation that our government or any government at all would bring forward.

Our government has been working since we were elected to uphold aboriginal rights, but unlike the opposition parties, we believe in responsible government and understand that these rights have to be balanced against the rights and interests of all Canadians.

For these reasons, I urge all members of the House to support our government in defeating the bill.