Bill C-262 (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.

Royal Canadian Mounted Police Act

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, my colleague is exactly right. The government has left this bill sitting there, even though it was one of the top priorities of communities, which called on the government to act. In fact, the minister promised that there would be action. Lo and behold, there are five weeks before this place adjourns before an election, and the government finally brings this bill forward.

The Senate is notorious. The unaccountable, unelected Senate has done its level best to block bills that have been passed in this House. One example is my colleague's bill, Bill C-262, regarding the United Nations Declaration on the Rights of Indigenous Peoples. We advanced that bill. It went through this House and on to the Senate, and it was just yesterday that it was finally referred to committee. We do not even know whether it will come back from committee in time for it to receive royal assent. It is absolutely atrocious.

When the government does not plan its legislative agenda carefully and thoughtfully, this is what can happen. It is absolutely outrageous. We should not stand for it.

Department of Justice—Main Estimates, 2019-20

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Infrastructure and Communities]

Madam Chair, I would like to begin by acknowledging that we are gathered on the traditional territory of the Algonquin people. I would also like to commend the minister for his hard work and his dedication to the portfolio, which has seen his shepherding of legislation dealing with criminal justice reforms; important justice reforms that will enhance access to justice; his and his team's work on ensuring that we have a very capable and high-calibre bench through the ongoing work of judicial appointments, and finally, the all-important and historic work with reconciliation as it relates to our indigenous peoples.

I am honoured to be here to contribute to this debate, to speak to some of the concrete steps we have taken towards recognizing and realizing the government's vision of reconciliation with indigenous peoples across Canada.

Our government has taken the time to meet with many indigenous leaders across this country. We heard about their priorities, their vision for the future, and the challenges and obstacles they still face in achieving this vision. Hearing these perspectives has served to reinforce our government's commitment to renewing its relationship with indigenous peoples. We have continued with our efforts to address the ongoing negative and adverse impacts of colonialism, discrimination and marginalization that have, for far too long, been part of this country's social fabric.

Contributing to renewed Crown-indigenous relationships based on rights, respect, co-operation and partnership remains a priority for the Government of Canada. This is especially true in relation to Canada's justice system. Over the past few years, the Department of Justice and the Government of Canada have introduced transformative laws and initiatives to help achieve reconciliation.

One such initiative that we are very proud of is the release of the principles respecting the Government of Canada's relationship with indigenous peoples. This document will ensure that the rights and needs of indigenous peoples are considered whenever new policy initiatives or laws are being introduced or considered.

Another key document that the Department of Justice has released is the Attorney General's directive on civil litigation involving indigenous peoples. This document will help guide litigation positions being developed. The Department of Justice also continues to work with other government departments to find alternatives to litigation with indigenous peoples wherever and whenever possible and appropriate.

These are both foundational documents that establish a modern legal framework and clearly identify the core values informing the department's day-to-day work. As the introduction to the principles notes, they are “rooted in section 35, guided by the UN Declaration, and informed by the Report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission's Calls to Action”.

In addition, they reflect a commitment to good faith, the rule of law, democracy, equality, non-discrimination and respect for human rights. Training that focuses on the history and context that underlie the principles has been provided to approximately 25% of the Department of Justice's employees. It also covers practical ways in which these important documents can inform all the legal and policy work the Department of Justice oversees.

The directive is also a testament to the government's desire to transform Canada's relationship with indigenous peoples and uphold the promises of section 35 of the Constitution.

The directive continues to guide the Government of Canada's legal approaches, positions and decisions in civil litigation over ancestral and treaty rights and the Crown's duty towards indigenous peoples.

The Department of Justice also continues its efforts to advance the implementation of the Truth and Reconciliation Commission's calls to action, including the call upon governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.

Canada has already stated its unqualified support for the UN declaration. Recently, in this session, the House of Commons restated its support for the passage of Bill C-262, an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

If passed, Bill C-262 will bring us even closer to implementing the United Nations Declaration on the Rights of Indigenous Peoples. It will require us to continue the work we have already started on regularly reviewing federal legislation to assess consistency with the standards set out in the declaration. In collaboration with our indigenous partners, we will also have to develop an action plan for the implementation of the declaration and release annual reports on our progress.

The Department of Justice continues to advance a number of additional and more specific measures that will contribute to reconciliation over the long term. A key priority for the department is Bill C-75, which is now in the other place. The bill proposes various measures meant to help to address court delays. It will also play a role in one of the most serious issues facing our criminal justice system: the overrepresentation of indigenous peoples in the justice system itself and in particular in our jails.

Bill C-75 tackles bail reform and also addresses administration of justice offences, such as breaching bail. These offences can unfortunately function as an entry point into the criminal justice system and significantly contribute to the overrepresentation of indigenous peoples in the criminal justice system.

The Department of Justice also continues to support and expand the use of restorative justice, which we know is a priority for many of our indigenous partners. It is also committed to supporting innovative approaches to the administration of justice in Canada. This means focusing not just on renewing the government's relationship with indigenous peoples, but building a partnership where indigenous perspectives, laws and legal traditions find voice in an indigenous justice system in harmonization with the justice system regimes and processes across Canada.

For this reason, our government has encouraged indigenous communities to share their views and perspectives on indigenous laws and legal traditions. We are actively working to promote more dialogue with indigenous peoples that will guide our collective efforts to recognize and implement indigenous justice systems in Canada. Not only does this work occur in the Department of Justice, but across many ministries so as to give effect to reconciliation.

The Minister of Justice and Attorney General of Canada is holding a symposium on the indigenous justice system today and tomorrow. This is an valuable opportunity to talk to indigenous partners, academics, students of indigenous law and public servants from across Canada about revitalizing indigenous law and national and international perspectives on interactions between indigenous and non-indigenous justice systems.

The government also recognizes the importance of revitalizing indigenous legal systems. We know that indigenous law institutes, in partnership with indigenous communities, can play crucial roles in understanding, developing and implementing indigenous laws.

Not only are we working on transforming and modernizing our laws and programs, but we also have a transparent, inclusive and accountable judicial appointment process.

This new process underlines our government's commitment to reshaping the bench to better reflect Canada as it is today and to make the courts more accessible. I mentioned this important work at the outset of my remarks.

Ultimately the goal of all of the measures and initiatives I have just mentioned is to transform both how the Department of Justice engages with indigenous peoples and how indigenous people experience the justice system. We believe that the efforts made by this government to improve its relationship with indigenous peoples has led to some very significant progress and improvements to the lives of indigenous peoples over the last few years. However, much more work remains to be done.

Working in tandem with indigenous communities, we believe we can continue to ensure the implementation of the necessary work and the shifts in mindset required to advance our shared goal of achieving true reconciliation. Our government is committed to promoting, protecting and implementing the rights of indigenous peoples.

We hope that the efforts and accomplishments of the Department of Justice will continue to reflect our government's shared commitment to achieving reconciliation and earnestly carrying out the work required to accomplish such an important goal.

Not only do I encourage the government to continue this work, but I certainly encourage my colleagues across the aisle to support this transformative and historical work when it comes to reconciliation.

I have a number of questions for the minister.

First, what are some of the ways the government is working to reduce the over-incarceration of our indigenous peoples in the criminal justice system?

Indigenous Languages Act

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I think the member and I chatted once after a speech about Diefenbaker. We were on the same side for a short period, and then we veered off.

The government members have said that they entertained amendments from the opposition regarding the UN Declaration on the Rights of Indigenous Peoples. I am not sure my colleague shares my view, but I would like to see the declaration in the text of the bill. I would like to hear his comments on that. The government has included it in the purpose of the bill, with language like “contribute to” and “facilitate”. It is not in the binding text of the bill, and for me, this means that it is not something the government has to adhere to.

I would also like him comment on the fact that we do not have to wait for a private member's bill, Bill C-262, to pass. The government has all the power it needs to include sections of the UN declaration immediately in the language bill.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as the member knows, whether in the Prairies or any other region of our country, indigenous issues are of the utmost importance. I know my colleague and friend gives a great deal of attention to this issue. I truly respect that.

The member points out what I would like to highlight as a very important issue. We can demonstrate, at the national level, implementing the calls to action where we can, but when we talk about the 94 calls, it is not just the national government that has a role to play. There are other levels of government, other groups, and indigenous leaders themselves who all have a role to play in the issue of reconciliation and the calls to action.

As an example, I appreciate some of the fine work that my local school division, the Seven Oaks School Division, is doing in Amber Trails, one of the schools promoting indigenous language. These are the types of initiatives that can really make a difference.

Our role here in Ottawa is to be able to lead and demonstrate leadership on the issue of reconciliation. That is something the government has taken very seriously since day one. Bill C-91 is an excellent example of that.

I have had the opportunity to speak on our foster care legislation, which is another excellent piece of legislation. We had a private member's bill, Bill C-262, another excellent piece of legislation. We have seen strong leadership coming from the House of Commons, and we need to be able to see that sense of co-operation and leadership being applied in all the different areas of Canadian society.

[Pierre Nantel, NDP, Longueuil—Saint-Hubert, QC]

Mr. Speaker, I will be sharing my time with my colleague from Edmonton Strathcona. I will try to stay constructive and positive, but I have to say that this government's holier-than-thou attitude annoys me to no end. It is exasperating. The Liberals seem to believe they are above all comments and constructive feedback. They think they know everything, and that is incredibly irritating. We can always sense it in their tone. I have never felt this way before. In the last Parliament, under the Conservatives, I never sensed this level of arrogance. “We know best”, the Liberals say. It is so infuriating.

I sit on the Standing Committee on Canadian Heritage, and this is an issue that is close to my heart. I have here 17 NDP amendments, which obviously were not adopted, and I can confirm that the amendment my colleague mentioned earlier was extremely constructive and opened up doors. Unfortunately, the Liberals think they have all the answers when it comes to drafting bills. They were like that with the SNC-Lavalin affair as well, when they added that little line to the omnibus bill. That was an inspired move. The Liberals must be kicking themselves, because all of Quebec is now complaining about it.

I cannot talk about Bill C-91 without talking about my experience as a member of this House. I represent the people of Longueuil—Saint-Hubert, so of course I want to stand up for the interests of my constituents, for aerospace and for our social fabric. More importantly, I want to find solutions to address the fact that one-third of the children in Longueuil—Saint-Hubert are living in poverty. It is a shocking figure, and no one ever talks about it.

I want to talk about my election in 2011. When I was elected, I was an ordinary citizen from Longueuil who did not have a clear understanding of the issues facing first nations. When I arrived here, my main concerns were defending Quebec's distinct culture and fighting climate change. Quite frankly, first nations were not on my list of priorities. On top of that, I did not know very much about the topic.

Many will recall the leadership race that happened so quickly following Jack Layton's death, and my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, was one of the candidates. At that point, many people in Longueuil—Saint-Hubert, including myself, discovered an ambassador for the Cree Nation. Today that member is one of the people scratching their heads, wondering whether this bill on indigenous languages lives up to the expectations.

When I became acquainted with the member for Abitibi—Baie-James—Nunavik—Eeyou, I saw how hard he had worked, especially on the peace of the braves agreement and the United Nations Declaration on the Rights of Indigenous Peoples. I saw how diligently he had to work to solve such issues. I also realized that what was needed was a compassionate approach, not a theoretical one.

This man, whom I consider a friend, taught me that this privileged relationship, as the Liberal Party often calls it, needs to be cultivated. Every time we deal with indigenous languages in committee, I am struck by the heart-wrenching testimony that shows this goes well beyond a theory that language is important. We saw people who were suffering because their past and their roots had been erased, and their personalities and cultures had been bleached white by a centralizing government.

As the representative for the people of Longueuil—Saint-Hubert, I was shocked to see just how many open wounds the Truth and Reconciliation Commission was trying to heal. The commission attempted to set out a path for reconciliation.

We came to committee with this in mind, with the goal of working together congenially and collaboratively.

I mentioned the member for Abitibi—Baie-James—Nunavik—Eeyou today because his outstanding bill seeking to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, Bill C-262, has stalled in the Senate. This is a very important bill because it would redefine our relationship with indigenous peoples, with those who are at the very core of this country, but partisan politics are holding it up in the Senate.

I will not call out those involved in the Senate, but it is quite shameful. Things need to get moving. They could use a little nudge to get things going and see them through. This bill would ensure that the government respects the rights of our indigenous peoples and that these rights would be enshrined in all of our bills.

Bill C-91 is by all accounts fundamental and extremely important to the reconciliation process. I understand perfectly just how valuable language is, and how culture is primarily carried through language. It is essential to everything. The situation looks precarious. During one of my visits to Kahnawake, Mr. Norton told me that the Mohawk language is in jeopardy. He said that he was committed to supporting the process. He wants to encourage people to take interest in this issue. Teaching people who are interested in learning these languages again will take several months or years. I therefore understand how important this is.

Also, I was very pleased that my colleagues from Abitibi—Baie-James—Nunavik—Eeyou and Desnethé—Missinippi—Churchill River supported me during the work on this bill and the study in committee. It is a sensitive topic that requires careful consideration. These are not routine laws. These laws have emotional consequences and will shape our relationship with these nations and the preservation of their culture.

People on the ground obviously saw and grasped the importance of this bill. They understood that public officials had tried to draft legislation that would meet their needs. I will try not to use provocative language. I will try not to make us out to be saintly know-it-alls. I just did it, but I apologize. I will try to put this delicately. If this bill is so important to the Liberal government, why are we only talking about it with five weeks left in the parliamentary session? Why is that? Is there a valid reason to explain why this bill was delayed until the very end of the parliamentary session?

The Standing Committee on Canadian Heritage is busy. The committee constantly deals with issues related to the cultural resilience of Quebec, first nations or the Innu people. Let me use a metaphor to describe what is going on here. The Liberals were thinking about where they stood. They realized that the parliamentary session was drawing to a close, and they decided that, given their meagre legislative agenda, they were not too busy to introduce some new bills. They figured it would be nice to do something about this issue. They thought they would look really stupid if they went four years without doing anything about it, so they threw a bill together at the last minute.

As my colleague rightly said, a major player, the Inuit Tapiriit Kanatami, says it is not satisfied and was not consulted. This bill is being shoved down their throats. It is tragic to see this holier-than-thou government pretending it has not just been sitting on its hands this whole time. Sadly, that is what happened.

This is critically important bill. It is unfortunate that it had to be rammed through since it still has many flaws and is far from perfect.

First Nations, Inuit and Métis Children, Youth and Families Act

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, I congratulate my colleague for his work as parliamentary secretary and for his leadership with the Métis community. The notion of inherent jurisdiction is fundamental. It is fundamental toward a renewed relationship with indigenous peoples, which informs everything we are attempting to do as a government. It is also fundamental to something that an NDP member raised in the House and we rightfully supported it, which is UNDRIP. I believe it was Bill C-262 on inherent jurisdiction, governance and control over the services delivered to indigenous people.

To round out the position that was raised in the previous part of this debate, an additional reason funding allocations have not been prematurely allocated in the legislation is simply because we need to ensure we are listening to indigenous communities on a community-by-community basis as to what their needs are. To presuppose at this stage that we now have some sort of crystal ball we can look into to verify exactly which community needs what level of funding would put the cart before the horse and not empower indigenous communities to make that determination for themselves.

Indigenous Languages Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, this legislation encourages us to recognize the importance of language. Over the last few years, we have consistently talked about reconciliation. There are 94 recommendations or calls to action by the Truth and Reconciliation Commission, and this is one of those calls to action, just like the foster care legislation, of which I am a very strong supporter, and Bill C-262. There are many calls to action by parliamentarians and it goes far beyond that. We all have a role to play when it comes to reconciliation. Whether it is someone walking down Selkirk Avenue or living in Amber Trails, someone sitting in this chamber, or leaders of indigenous communities and leaders outside of indigenous communities, we all have a role to play, and this piece of legislation is important for many different reasons.

I wonder if my colleague could provide her thoughts on the importance of this being part of the 94 calls to action in the reconciliation.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism)]

Mr. Speaker, I am pleased to rise today in support of Bill C-91, an act respecting indigenous languages.

I would like to acknowledge that we are gathered on the unceded ancestral lands of the Algonquin people.

Before getting into the details of the bill, I would like thank our colleagues, particularly the members of the heritage committee, who worked very diligently to get this bill through the committee stage, as well as those who are not committee members, such as our friends from Kamloops—Thompson—Cariboo, Abitibi—Baie-James—Nunavik—Eeyou and Desnethé—Missinippi—Churchill River, for their dedication and hard work in supporting this bill.

I am also pleased to speak about the need for Bill C-91. As members are aware, Bill C-91 has been co-developed by three national indigenous organizations, namely the ITK, the AFN and the Métis National Council. It is in direct response to a number of very important things that have happened both in Canada and internationally.

First and foremost, it is in direct response to the Truth and Reconciliation Commission report's calls to action 13, 14 and 15. I will elaborate on that later.

It is also a direct result of our commitments to the United Nations Declaration on the Rights of Indigenous Peoples. As members are aware, Bill C-262 is now in front of the other House. It was adopted by this House and is something our government and the Prime Minister have committed to implementing.

There are many ways to look at languages, but however we look at them, they are one of the most important elements of our lives, one of the most important aspects of connection to the people, the land and their way of life.

In Canada, there are currently 90 indigenous languages. As we mark UNESCO's International Year of Indigenous Languages, we have to understand that, sadly, 75% of those 90 languages are on the verge of extinction. That is quite shocking. For some languages only one or two speakers are alive. I was recently in London, Ontario, and met with some elders from the Oneida Nation. They have 48 speakers of their language. Sadly, those 48 speakers are all over the age of 65. Not a lot of young people are speaking the Oneida language. That language is probably at risk of becoming extinct within the next generation. It is something that is quite urgent. Given the history of failure on the part of successive governments to protect languages, I think it is long overdue that we entrench this into law once and for all.

When we speak about how we got here, it was through a process of colonization on the part of the government in the last 152 years formally as a country, but since settlers first came to North America. We know that over the decades, languages were eroded, primarily I would argue because of programs put together by the government. Of course, one of the most important aspects of it is the effects of residential schools on generation after generation of indigenous people who have lost their language. We know that residential schools played such an important role in that.

I want to quote from the Prime Minister's speech at the Assembly of First Nations Special Chiefs Assembly on December 6, 2016, where he stated:

We know all too well how residential schools and other decisions by governments were used as a deliberate tool to eliminate Indigenous languages and cultures. If we are to truly advance reconciliation, we must undo the lasting damage that resulted.

I just want to walk colleagues through an experience I had this past month.

I went to Moosonee and met with Tony, who is a residential school survivor. He is in his sixties and is originally from the Moosonee area. When he was about five, he was taken to the St. Anne's Indian Residential School, along with his siblings. They were there for about 10 years. During that time, the entire way of life he was used to was taken away from him. He basically lost his language and lost his spiritual connection to his people. He was unable to reconnect with his family, because his sisters and brothers were separated in separate dorms. He was simply unable to connect with his family when he got back. He went through a very difficult process in establishing himself. He is now a very successful businessman. He has four children. He was trying to tell us how important language is to him, but sadly, he is unable to speak the language and pass it on to the next generation. I think that is the critical moment we are facing today.

Another comment was from a Tlicho elder and language specialist, Mary Siemens. She talked about the connection between indigenous languages and cultural identity. She said:

Our culture depends on our language, because it contains the unique words that describe our way of life. It describes name-places for every part of our land that our ancestors traveled on. We have specific words to describe the seasonal activities, the social gatherings, and kin relations.

That is a profound quote that describes the connection she has to the language and culture.

I want to walk through some of the major elements of this legislation. First and foremost, this would be a framework. It would be a living document. We have been putting together a framework that would look at indigenous languages in a holistic way. It would be dynamic and would allow for a distinctions-based approach to the protection of indigenous languages. It would not be an Ottawa-based solution to the challenges of indigenous languages. It would be a framework that would allow indigenous communities, based on the notion of self-determination and respect for each of the nations and language groups, to define what was important to them and define how those languages would be protected. The bill would be required to be reviewed every five years in this House as well as outside. It would adapt as languages grew and as situations changed so that support would continue as we continue the reconciliation journey together with indigenous peoples.

Just to put it in context, when we have a language like Oneida, where we have only 48 language speakers, and we have languages like Cree, which has many more speakers, the needs and the ways to protect these languages are different. What may be important for one group may not be the same for others. I think the framework we have put together really contemplates that. It would allow for this level of flexibility to ensure that it was distinction-based and that it enabled each and every community to establish an action plan for themselves.

I want to talk about one of the other major aspects of this bill. That is the establishment of a national commissioner of indigenous languages. This is something that is very important.

For the first time, we would entrench in legislation a commissioner who would oversee indigenous languages. The commissioner would be supported by three directors, and together they would work with indigenous communities and nations to develop programs and processes that would allow communities to advance their requirements.

When we look at the framework for the indigenous languages commissioner, we have a concrete plan that would be a starting point. It would not be an end point; it would be a starting point that would turn the tide on the loss of these languages.

From that, there would be support from the federal government, which, as we can see in budget 2019, would be a significant investment in the right direction. We would invest $333 million over the next five years to support this initiative. This is currently being debated as part of the budget implementation act. As we know, it would be a significant change from the $89 million over three years we currently have, which is roughly $30 million a year, for the aboriginal languages initiative. This significant change in funding would accelerate the protection of indigenous languages.

It is very important that we protect indigenous languages. I bring it back to my personal experience, which I have spoken about previously in the House. I know that the Minister of Canadian Heritage has also spoken many times about languages. For both of us, the primary language we speak at home is neither English nor French. We both came to Canada at a relatively young age. My family speaks Tamil. At home, it is the primary language. Over the last 35 years, there has been a serious conflict in Sri Lanka over one language and the ability of people to use that language and access services in that language. Over 100,000 people have died as a result of it.

The language I speak at home is foundational to my life. It has defined virtually every aspect of who I am, how I live my life and what I do and do not do. If I did not have that connection to the language, I would be a different person today. The struggle I have is that I have two young daughters, who are eight and 10, and I struggle with how to pass it on to them and make sure they speak the language fluently and have the opportunity to learn and understand the culture and the context the way I was able to understand. Regrettably, I actually do not read or write the language, but even then, I am able to understand it and live in that world. It is a struggle I face.

Relatively speaking, this is a language that has incredible international support. It is institutionalized in many universities. It is the official language in countries like Singapore, Malaysia and elsewhere, so it is protected. When we compare that language with indigenous languages, it is a completely different situation. We have failed to support, revitalize, protect and expand indigenous languages, and that is why time is so critical. That is one of the reasons our friends opposite, in both the Conservative Party and the NDP, worked very closely with us in getting this legislation through the committee process as well as through this House.

The urgency of implementing this legislation now cannot be understated. I have visited communities in the last several months that have gone from having six language speakers to five. There are many like that around the country. My colleagues probably have a good sense of that as well.

This cannot wait until the next Parliament. We cannot defer this to the next generation, because sadly, there will not be a next generation that can speak the language or protect and preserve it.

A couple of months ago, I was in Victoria at the Royal British Columbia Museum. It has an indigenous languages exhibit that really speaks to how languages are looked at right now. We are at a point where certain languages are only available in museums. The last speakers were recorded by academics, and they are preserved, but there is really no process or plan to revive and revitalize those languages. That is the primary reason for the urgency of the legislation before us.

Finally, on the overall aspect of reconciliation, Canada has played an important role in keeping these languages in the state they are in today. This did not happen because of indigenous people. This happened because of government policies. Government policies need to change to support this process of revitalization, and that is a major responsibility of the federal government. It is the other impetus for us to support the bill and push it forward.

Our commitment to the United Nations Declaration on the Rights of Indigenous Peoples is critical. It is something that the government and the Prime Minister have accepted, and we are in the process of implementing it. Implementing this legislation is an important step and milestone as we look at actually entrenching the principles of UNDRIP in law.

This loss of languages is dire. It is critical that we revive them and support them through revitalization. It is also important to recognize that over the years, language has been a form of resistance. Even though they lost these languages, we know that some people, late in their lives, even with their last breath, were speaking their language, were speaking their mother tongue, and that was important, because it was a form of resistance.

We need to acknowledge all the language keepers, all the people over the years who have struggled to keep these languages alive: the languages nests, the elders, the communities and the schools where languages are taught. We need to thank them for the enormous amount of work they have done to support these languages to keep them alive. It is an appropriate way to close, because it is their strength and their commitment that will allow indigenous languages to be revived and revitalized and used in daily life. I hope that one day we can celebrate the survival of all these indigenous languages.

Indigenous Affairs

[Marc Miller, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Mr. Speaker, Bill C-262 is a key step in implementing the United Nations Declaration on the Rights of Indigenous Peoples. Passed by the House last spring, the bill is now stalled in the other place as a result of Conservative procedural delay tactics.

While we have enormous respect for the independence and work of the other place, reconciliation with indigenous peoples and particularly this piece of legislation cannot be subject to partisan and procedural games. I urge the Conservative members of the other place and the members of this House who are in their caucus to heed the unanimous motion passed by the House this week and stop their inexcusable delay tactics.

[Don Rusnak, Liberal, Thunder Bay—Rainy River, ON]

Mr. Speaker, the United Nations Declaration on the Rights of Indigenous Peoples is a cornerstone of our government's relationship with indigenous peoples. In 2016, our government became a full supporter of the declaration, without qualification.

Our government is moving forward on key legislative initiatives that support the implementation of the declaration. We have also supported Bill C-262 as an important next step. Can the parliamentary secretary update the House on the status of this important legislative measure?

Legislation before the Senate

[Jagmeet Singh, NDP, Burnaby South, BC]

Mr. Speaker, in a moment I will be asking the House for unanimous consent on a motion.

Legislative delays in the Senate have meant that time is running out on important bills that have been passed by the elected members of the House of Commons. That includes the watershed bill to enshrine the UN Declaration on the Rights of Indigenous Peoples into Canadian law; as well as a desperately needed bill to require better training for judges in the country to deal with sexual assault cases.

The time is now to get these bills passed. Therefore, I hope that if you seek it, you will find unanimous consent for the following motion:

That, in the opinion of the House, Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, as well as Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault), are both critical pieces of legislation that have been duly passed by the House of Commons, and have been in possession of the honourable Senators for many months; that both bills should be passed into law at the earliest opportunity; and that a message be sent to the Senate to acquaint that House accordingly.

Second Reading

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker, I disagree with the hon. member.

This is giving life to UNDRIP in an actual bill before Parliament, Bill C-88. It ensures that UNDRIP is fully respected. UNDRIP, in Bill C-262, is a document that governs all of the Canadian government, ensuring all policies and laws come into accordance with the UN Declaration on the Rights of Indigenous Peoples, and also with an annual report. I remember putting forward a private member's bill of my own that would require reporting to the House of Commons on an annual basis.

Nonetheless, I still believe that the bill is a good way forward. It was negotiated in full accordance with all the indigenous peoples concerned by the bill. That is what we call respect. That is what we call self-determination: sitting down, having a conversation, talking. That is how we make treaties.

The difficult part will come in the future when we need to make sure that these treaties are respected. That involves the government of the day and making sure that we have a good government that will respect those rights into the future.

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker, I was very proud to have the opportunity of trying to get Bill C-262 passed in the House of Commons. It was a great opportunity. I remember speaking with many of my colleagues, the indigenous caucus, and trying to work with the member for Thunder Bay—Rainy River, to ensure that UNDRIP passed in the House of Commons. I know it is before the Senate and the document is not yet law. The senators in the other place have to decide on what will actually occur with that bill and I hope they are able to come to a final conclusion on that.

For me, I think the bill already does incorporate the United Nations Declaration on the Rights of Indigenous Peoples in the law. It ensures that there is respect and self-determination of government. I talked about principles 1 and 5, which recognize self-determination and the right to self-government, which I think is central to the UN Declaration on the Rights of Indigenous Peoples. This goes, part and parcel, with all the other policies we have been doing in the budget, for instance, with water, health, education, economic prosperity, a new fiscal relationship with urban indigenous peoples, and even with emergency management. All of these things are about ensuring that we have an implemented UN Declaration on the Rights of Indigenous Peoples, human rights for all peoples across Canada.

Bills of Exchange Act

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I will begin my remarks by recognizing that we meet today on the traditional and unceded territory of the Algonquin Anishinabe people. I hope that one day we will begin all of our daily proceedings in this place with this acknowledgement. I also wish to acknowledge the land on which my riding is situated. It is Treaty 6 territory and the ancestral homeland of the Métis people.

I am extremely proud to rise in support of my colleague from Desnethé—Missinippi—Churchill River. I wish to recognize her connectedness to community, her hard work, her humbleness and her humility, which are all qualities of a true leader. It is these qualities that have helped the House to soon realize the passing of her private member's bill, a bill that signals a step, one among many, that we must take. It is one important step on our collective and individual journeys towards reconciliation with indigenous people. The bill provides the House with an opportunity to acknowledge and, most importantly, own its settler history.

What is this history? In the summary report of the Truth and Reconciliation Commission of Canada, members will find these introductory words, which is a reminder of why we are where we are today as a country and why our support of the efforts and leadership of my hon. colleague are so important:

For over a century, the central goals of Canada’s Aboriginal policy were to eliminate Aboriginal governments; ignore Aboriginal rights; terminate the Treaties; and, through a process of assimilation, cause Aboriginal peoples to cease to exist as distinct legal, social, cultural, religious, and racial entities in Canada. The establishment and operation of residential schools were a central element of this policy, which can best be described as “cultural genocide.”

We are in an era where politicians talk about how important it is that the rights of first nations, Métis and Inuit peoples are recognized, protected and most importantly enshrined explicitly into Canadian law. Some of us are actually acting on that talk. I speak of the work of my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou to implement the United Nations Declaration on the Rights of Indigenous Peoples into Canadian law with his bill, Bill C-262, and the work of my colleague from Edmonton Strathcona who tried so hard to insert into Canadian environmental law the rights of indigenous peoples as stated in Bill C-262. Today, I am able to add my colleague's efforts to this list of efforts in the House for reconciliation and justice for indigenous peoples in Canada.

The bill before us today is amended from the original bill tabled by my hon. colleague. The original bill was to make June 21, National Indigenous Peoples Day, a statutory holiday. Both in the House and in my community, my colleague, the member for Desnethé—Missinippi—Churchill River, articulated the many reasons for the proposal to designate June 21 a national statutory holiday. She spoke of her work as the mayor of La Loche on this issue. She listed the history of indigenous organizations calling for June 21 to be recognized as a national holiday. She told us of the spiritual significance of June 21, the summer solstice, for first nations, Métis and Inuit peoples, and she acknowledged the history for many communities of celebrations and special commemorative ceremonies on June 21.

My community of Saskatoon is one of those communities that has focused its efforts on June 21. In recent years, Saskatoon has grown, the community has expanded and we acknowledge reconciliation and the TRC's calls to action on this day.

For over 20 years, the Saskatoon Indian and Metis Friendship Centre has hosted National Aboriginal Day, now National Indigenous Peoples Day, on Treaty 6 territory, the homeland of the Métis people, and in my riding of Saskatoon West. Every year, thousands gather in my community, joined by indigenous leaders, elders, non-indigenous leaders, survivors of residential schools, provincial schools and day schools, survivors of the sixties scoop, and indigenous veterans, for activities and ceremonies to mark the day.

In recent years, the city of Saskatoon has marked the day with important ceremonies and commemorations honouring indigenous peoples.

Last year, the new name for the north commuter Parkway Bridge was announced at the Indigenous Peoples' Day event in Saskatoon. The new name, Chief Mistawasis Bridge, honours Chief Mistawasis, also known as Pierre Belanger, who was the head of the Prairie Tribe and signed Treaty 6 in 1876.

At the unveiling, Mistiawasis Nêhiyawak Chief Daryl Watson said:

Today is a very momentous occasion for my nation. It's part of the whole process of reconciliation. Chief Mistawasis, 140 years ago, began that process when he acknowledged the territory by welcoming newcomers to share the land. Reconciliation began for us when treaty was signed.

In 2016, one of the national closing events of the TRC was held in Saskatoon on June 21. This event galvanized community members and indigenous and non-indigenous community leaders in Saskatoon to begin to formalize our reconciliation efforts and to respond to the TRC's calls to action as a community. Reconciliation Saskatoon, with organizational support from the Office of the Treaty Commissioner, is that community-wide response.

Reconciliation Saskatoon is a community of over 98 organizations, non-profits, businesses, faith communities and partners. They have come together to initiate a city-wide conversation about reconciliation and to provide opportunities for everyone to engage in calls to action.

The path to reconciliation in my riding, in my community, has embraced June 21 National Indigenous Peoples' Day as the day. We worked hard to make that day inclusive of all peoples, a day where we work, celebrate and remember and in so doing, help to build relationships and ultimately to build a better community for all.

Three years ago, we added a new event, a walk in my riding, called “Rock your Roots for Reconciliation”, spearheaded by Reconciliation Saskatoon. Last year, over 4,000 people participated in that walk.

Today, the bill before us has a different day, September 30, to be designated as a statutory holiday, a day that honours the survivors of residential schools. This day is also observed in my community. I acknowledge creating a national day to honour residential school survivors is call to action 80 of the Truth and Reconciliation Commission.

Although this legislation started in a different place, it is here today after a parliamentary process that built support across political parties, and so it is a good day.

We are here today in this good way of co-operation because of the work of a Dene woman leader who kept us focused on something much bigger than partisan politics: a goal to build a better Canada for future generations. Today, I am very proud to be her colleague, to belong to a party and to sit in a caucus that backs words with action. As a caucus, we must work every day to honour her voice and leadership, a Dene woman from Northern Saskatchewan, the member for Desnethé—Missinippi—Churchill River.

Today, I remind all my hon. colleagues on both sides of the House that we all have to work together. We all have work to do to truly honour and respect the authentic voices of indigenous women in the House and in our communities.

Aboriginal Cultural Property Repatriation Act

[François Choquette, NDP, Drummond, QC]

Madam Speaker, I am honoured to rise in the House to speak to Bill C-391, an act respecting a national strategy for the repatriation of Aboriginal cultural property.

While I am on my feet, I would like to begin by acknowledging that the lands on which we are gathered here in Ottawa are part of the unceded traditional territory of the Algonquin people.

According to current knowledge, the lands of the greater Drummond area were transit points where the Abenaki, Mohican, Huron, Algonquin and even Iroquois peoples stopped to portage, camp or fish.

Yolande Allard of the Drummond historical society has prepared a map that very clearly indicates the various sites that were used and their Abenaki names all along the Saint-François River transportation network. She and the Drummond historical society have done an excellent job of helping us better understand how indigenous peoples used these lands.

This bill refers to a very important issue. We are finally beginning to recognize the historical events that led to the erosion of indigenous cultural heritage. That is why the return of seized objects is an important part of the healing process for communities and for reconciliation between the colonial state and indigenous peoples.

The connection between returning objects and healing and reconciliation is extremely important. We have been working on this issue for years, and it is very important to us.

The NDP will support this bill at second reading, but we do have some questions. For example, we would like to know who was consulted about this bill.

Any time a bill affects indigenous peoples, they must be the first to be consulted so they can provide guidance. We do not know exactly who was consulted as this bill was being drafted.

As I said, it is extremely important to enable indigenous peoples to preserve and protect their ancestral, religious and cultural property and to have access to that property.

The Government of Canada and foreign governments must respect the collective rights of indigenous peoples with respect to the return of ancestral remains and sacred, funerary and culturally important objects.

The United Nations Declaration on the Rights of Indigenous Peoples affirms this right, and the Government of Canada fully and unconditionally supported this declaration and plans on supporting Bill C-262. That bill was introduced by my New Democrat colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou. During the 41st Parliament, he also introduced Bill C-469, an act to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

That bill set out the fundamental restitution rights in international law and then became Bill C-262 when it was introduced in 2016. The bill is now at committee stage, and we are confident that it will be improved and strengthened.

My colleague from Abitibi—Baie-James—Nunavik—Eeyou is working with the government to make sure that the bill truly reflects the objective of the United Nations Declaration on the Rights of Indigenous Peoples.

Radio-Canada recently published an article online about the repatriation of indigenous property and how it keeps a culture alive. It was interesting to see how Sandy Raphaël, an indigenous woman who is the heritage and culture director of the Mashteuiatsh band council, felt when she was able to repatriate some cultural property.

I will read a few excerpts from the article.

Why repatriate?

Sandy Raphaël remembers exactly how she felt when she saw some objects that belonged to her nation, such as drums, tumplines and a moosehide coat, at the National Museum of the American Indian, or NMAI, in Washington.

This is what Ms. Raphaël said:

It is quite moving to see the beauty of these objects, their life, their history, because they were made by our people. If they could speak, I would want them to tell me their story. I already had a sense of attachment to them.

A little further on, Sandy Raphaël states the following:

Seven grade nine students from the community, accompanied by Sandy Raphaël, went to the museum in June 2013. The young people returned with shining eyes, feeling even prouder of their identity.

I am reading out these excerpts to show why it is important to repatriate the cultural objects of indigenous peoples. It will give them back their identity, their culture and their history. That is extremely rewarding.

Studies have shown that young people who have access to strong cultural components, such as their language, ceremonies, ancestral property and education, are less likely to commit suicide, drop out of school, become addicts or engage in other harmful behaviour. It is clear that these elements and the repatriation of cultural property are important.

Bill C-391 is a step in the right direction. There is currently no federal legislation designed to facilitate the return of property stolen from indigenous communities. That is why it is important to pass this bill. As I already mentioned, Bill C-391 will have a positive impact on many members of Canada's indigenous communities.

A law to facilitate the repatriation of property will help indigenous youth connect with their culture and their language. Young people are the leaders of tomorrow. It is important that they are familiar with this identity and culture, so it is in our interest to give them the tools they need to thrive. In the case of indigenous youth, we also need to make sure that they connect with their culture by facilitating the repatriation of property.

The return of stolen cultural artifacts will also empower women and help restore the traditional balance between men and women. These artifacts teach about identity, the cultural nature of gender, roles in the community and the personal behaviours that enable individuals to define themselves. That is also a very important benefit.

The repatriation of property will also enable two-spirit people to reclaim their heritage.

However, I have some concerns about the bill. First, the bill does not contain any enforcement measures. It talks only about promoting and encouraging, and that is problem. Second, the implementation is not cohesive enough. There are so many stakeholders that there could be inconsistences and contradictions. Fourth, some communities are unable to conserve their artifacts even if they want to and will be forced to give them to museums because of budgetary constraints. There are no financial resources allocated to help preserve these precious and sometimes fragile artifacts. Fifth, the bill does not take into account the complexity of the repatriation of cultural heritage. Furthermore, the bill does not propose any concrete solutions in cases where organizations refuse to return legitimate property. Finally, indigenous peoples were not consulted enough during the drafting of this bill, and something needs to be done about that.

I am sure that the corrections needed to improve this bill can be made when it is examined in committee.