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.

United Nations Declaration on the Rights of Indigenous Peoples Act

[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.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I am pleased to rise to speak to the bill introduced by my colleague from Abitibi—Baie-James—Nunavik—Eeyou, because not only do I share his opinion regarding the bill, but we are also lucky enough to share a territory in the Abitibi area of his riding, namely Algonquin territory in Quebec.

Earlier we heard from my colleague from Timmins—James Bay, with whom I also share an Algonquin territorial borders. I am so glad that the two members with whom I share territorial borders have both had a chance to speak here today.

Before I speak directly to the bill, I would like to paint a picture of the aboriginal people of my riding. I feel it is important to do so because for the people of Abitibi—Témiscamingue, their relationships with the aboriginal communities of this area are very important. The principle of partnerships should be applied in all of our relationships with aboriginal communities.

In the administrative region of Abitibi-Témiscamingue, as opposed to the federal electoral district, there are seven aboriginal communities. There is the Abitibiwinni First Nation of Pikogan, which is in my riding, in the area near Amos. There is also the Timiskaming First Nation, the Wolfe Lake First Nation, the Eagle Village First Nation and the Long Point First Nation. All of those communities are located in the Témiscamingue area and in the territory of my colleague from Abitibi—Baie-James—Nunavik—Eeyou. The Abitibi area has two aboriginal communities: the Kitcisakik First Nation and the Lac Simon First Nation.

These communities are unusual in that they are often very young compared to the general population of Abitibi—Témiscamingue. Unfortunately, the level of education is often lower too. People struggle with various health and social problem that still need a lot of work. Communities are becoming increasingly aware of these problems. Often solutions come from within the communities themselves.

One of the most important features that characterizes the Algonquin communities of Abitibi—Témiscamingue is demographic growth. From 2009 to 2013, their demographic growth was 13.6%, compared to 1.5% in the general population. The population in some sectors, such as the RCM of Témiscamingue, would be shrinking if not for those aboriginal communities. However, because of the high birth rate in those communities, these RCMs are maintaining stable populations.

I would also like to remind everyone that, unfortunately, over 20% of the aboriginal people in Abitibi—Témiscamingue live below the poverty line. That is shameful, particularly considering the economic boom that the Abitibi—Témiscamingue region has experienced in recent years.

That should give everyone a sense of the communities that I represent. It is also interesting to note that “Abitibi” is an Algonquin word. Every time people say “Abitibi—Témiscamingue”, they are practising their Algonquin.

Ensuring that our federal bills respect the United Nations Declaration on the Rights of Indigenous Peoples means, first and foremost, that we will be able to take action to enable first nations to become independent and emancipated. If we want to build a long-term and respectful relationship with first nations, the first thing we need to do is make sure we are relating as equals. I think we have some historical challenges to overcome after so many absolutely disastrous state interventions such as aboriginal residential schools. Many of the people I represent lived through that.

In the face of such examples, if we want to establish a real relationship with these communities and encourage their development, then we must respect their rights. That way they can become independent because they are not subjected to government decisions. They become involved in the decision-making. That is how to establish a relationship of equality.

Unfortunately, we have seen a lack of political will on the part of the Conservative government and the Prime Minister since they came to power. Just look at how the government turns a deaf ear to the issue of missing and murdered aboriginal women.

The problems in the communities can be resolved by taking the time to have an open discussion with them instead of focusing on meeting a deadline. Asking the first nations to help us find and develop solutions is the way to establish egalitarian and autonomous relationships and allow these communities to become independent.

These relationships will be established in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. It is extremely important to understand all this in order to understand the importance of this bill.

It is also important to note that this declaration was issued even before the current Conservative government took office. It is therefore high time to act. This Parliament is coming to an end and the government still has not done anything, when it could have done something a long time ago.

A great gift we could give Canadians for the 150th anniversary of Confederation would be to decide that from now on, we will maintain egalitarian relationships with aboriginal communities. That would be a very good goal, and we have time before the 150th anniversary of Confederation to build the egalitarian framework on which our future relationships would be based. This is a wonderful opportunity to show our willingness to learn from our mistakes in order to build a promising future for our aboriginal communities.

Another key element of this declaration is the nation-to-nation relationship. As it now stands, many aboriginal communities have never ceded their rights to their traditional lands. The Conservative government is not respecting the nation-to-nation relationship when it imposes laws without respecting the rights of aboriginal peoples and without consulting them. If we want to build the nation-to-nation relationship, we need to sit down with aboriginal governments and the organizations that represent aboriginal communities and build an egalitarian relationship.

Instead, the Conservative government spends its time challenging court decisions, often ones that are good for aboriginal people. We cannot build an egalitarian nation-to-nation relationship by behaving like that. We need to be prepared to show some humility and say that we can build a Canada that people will be proud of and happy to share.

By including aboriginal communities, we can also build a Canada where there will be sustainable development for everyone, with all the nations. In that way, aboriginal communities, other Canadians and new immigrants will be proud of the country that we build together.

[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.

[The Acting Speaker, Conservative, Bruce Stanton]

I now invite the hon. member for Abitibi—Baie-James—Nunavik—Eeyou for his right of reply. The hon. member has five minutes.

[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.

[The Acting Speaker, Conservative, Bruce Stanton]

It being 12:03 p.m., the time provided for debate has expired. Accordingly the question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Bruce Stanton]

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, May 6, immediately before the time provided for private members' business.