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.

Natural Resources

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I would like to thank the member for her speech about our committee's report, which we tabled a couple of years ago.

Just moments ago in the House, we passed a private member's bill, Bill C-262, from the member for Abitibi—Baie-James—Nunavik—Eeyou. Everybody in the House voted for it except the Conservatives, who voted against it. It is unfortunate. That bill talked about making sure that the laws of Canada match up with the UN Declaration on the Rights of Indigenous Peoples.

In our committee, we have heard a lot about indigenous peoples, first nations, and their ability to take part in the natural resource extraction sector. We have heard that the mining sector has been very good at involving those communities, and the oil industry less so. Here we have a pipeline, Kinder Morgan. Some communities have signed agreements with Kinder Morgan, but the majority of first nations communities have come out against it. We have a government here that says it will listen to those people.

Could the member comment on that initiative, the reconciliation we are facing as a country, and how we have to include that in our extraction of resources for the future?

Extension of Sitting Hours

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I am pleased to resume my speech on Motion No. 22.

Part of my speech was deferred until later in the day so that we could debate a very important private member's bill, Bill C-262. The theme of my speech was the government's lack of respect for Parliament. I said that was evidenced by its approach to the committees' recommendations and the government House leader's attitude to debates on committee reports and recommendations.

Take, for example, Motion No. 6, which allowed the government to avoid addressing Parliament if it did not want to. The government was looking for ways around the Standing Orders of the House of Commons instead of learning how things work here and doing things in accordance with the procedures of the House.

I also spoke about the Special Committee on Electoral Reform and all of the work it accomplished. In the end, the government did not respect this committee's work either. I think that this year, vote 40 under Treasury Board in budgetary expenditures is another example of the schemes this government comes up with to avoid scrutiny.

Given all of this, I also said that we understand that the government's agenda is moving at a snail's pace and that it wants to make some progress by the end of June. We were and are prepared to consider a notice to extend the sitting hours, provided that opposition days and opposition motions get treated the same as government business. That is not the case in the motion as drafted.

A Conservative colleague moved an amendment. I think it is a good amendment, but it contains a clause that may not be acceptable to the government, because it has nothing to do with opposition days.

Consequently, in the spirit of co-operation, and in the hope of making an offer that will be acceptable to the government, we suggest that this other aspect, which is not related to opposition days, be deleted from the amendment so that the government can support it. We could all support the main motion then, once it becomes a fair motion that gives equal treatment to government business and opposition business.

It is in that spirit that I move, seconded by the member for Berthier—Maskinongé:

That the amendment be amended by deleting paragraph (a).

Motions in amendment

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Madam Speaker, I appreciate the chance to speak to this bill. It is very important that we strengthen sustainability legislation in this country. We have taken a few baby steps forward, but regrettably, this bill has not gone far enough. It is not enough for the government to simply say the word “indigenous”, say it cares about indigenous people, and then not take the step it promised, which is to actually incorporate that declaration into the law of the land.

It is important at the outset to recall that the Federal Sustainable Development Act was initiated in 2008 as a private member's bill with, frankly, much stronger measures. It was transformed by the then Liberal government into the law as it exists today. Second, it is important to recognize the earlier decision in 1995 to create of the office of the commissioner of the environment and sustainable development within the Office of the Auditor General. A requirement was also imposed on departments to prepare and table sustainable development strategies. The commissioner was mandated to audit and publicly report on the government's delivery on these responsibilities. During the 1990s, a cabinet directive was also issued requiring ministers to provide an environmental assessment of any policies, plans, or proposals submitted to cabinet. As my colleague mentioned, that would include pipeline approvals.

In 2015, Canada joined other nations in signing a United Nations resolution, “Transforming our world: the 2030 Agenda for Sustainable Development”. This agreement committed the signatories to take bold and transformative steps that are urgently needed to shift the world onto a sustainable and resilient path. Two months later, Canada also committed, in Paris, to deeper actions to address climate change.

Finally, Canada has declared its commitment to the United Nations Declaration on the Rights of Indigenous Peoples, which I will refer to as the UNDRIP from now on, much of which deals with the indigenous right to self-determination, including on resource development, environmental protection, and sustainability.

Over the past decades, consecutive audits by the commissioner have reported abject failure by departments and ministers alike in incorporating credible environmental or sustainable development assessments for decision-making. It is similarly noteworthy that as recently as this past spring, after the tabling of Bill C-57, the commissioner delivered a highly critical audit on the government's commitment to implementing the UN 2030 agenda for sustainable development goals, finding no federal governance structure, a narrow interpretation of sustainable development, limited national consultation and engagement, no national implementation plan, few national targets, and no system to measure, monitor, and report on national targets. It was a very scathing review.

It is important, then, in assessing Bill C-57, to determine if these proposed reforms to the act brought before us today are sufficient to update Canadian law to ensure delivery of our international and domestic commitment to ensuring sustainability.

A year before the bill was introduced, the Standing Committee on Environment and Sustainable Development led a study of a draft federal sustainable development strategy, as required by law. The result was a series of recommendations presented to Parliament to strengthen this very law and the process of applying it. Last fall, the Minister of Environment tabled Bill C-57 to amend the act. The bill was debated and then referred back to the committee, which again undertook a study and reported back a number of recommended amendments. On behalf of my party, I proposed a series of recommended amendments, for the most part based on recommendations from the commissioner, experts heard at committee in both of its reviews, and the committee itself. Regrettably, almost all of them were refused, despite having been put forward by the committee itself in its earlier study.

Among my proposed amendments was that the bill provide specific reference to a commitment to the UNDRIP. Why did I propose this? The Prime Minister has committed to deliver on all 94 of the calls for action issued by the Truth and Reconciliation Commission, including calls 43 and 44, which call on the federal government, in fact all orders of government, to fully adopt and implement the UNDRIP as the framework for reconciliation and to develop a national action plan, strategies, and other concrete measures to achieve those goals. Clearly, one of those measures would be to include the UNDRIP in this law.

In her address to a conference on implementing the UN declaration, in November of last year, the Minister of Justice stated:

With the direction and leadership of [the Prime Minister], our government will support Bill C-262. The bill acknowledges the application of the UN declaration in Canada and calls for the alignment of the laws of Canada with the UN declaration.

It could not be clearer. This address was made to the Assembly of First Nations, and it interprets that as meaning that the UN declaration will now be incorporated into every federal law going forward.

The government has publicly stated its support for Bill C-262, tabled by my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, which calls on the government to enact the UNDRIP in Canadian law.

This directive by the Prime Minister is clear: all Canadian laws must be written and applied to align with the UN declaration. The federal commissioner of the environment and sustainable development recommended to the Standing Committee on Environment and Sustainable Development that it seek amendments to Bill C-57 to specifically include the UNDRIP. Again, it came from our federal commissioner.

Any reasonable person would conclude, therefore, that failing to reference the UNDRIP in the bill was just an oversight. Perhaps no one advised the minister that her Prime Minister, her justice minister, and the commissioner had recommended exactly this action. Therefore, it appears well-founded that I table this exact amendment. After all, the government's intent was clear.

What was the response by the majority Liberal-led committee? It voted down this amendment. One wonders, of course, why the Minister of Environment had not made this reference herself in the bill, but there we are: no support for inclusion of the UNDRIP in our nation's sustainable development law, which is supposed to guide all decisions on policy, programs, and law going forward.

There is no commitment to entrenching indigenous rights, but what about the other recommended measures to strengthen the bill? In testifying before the committee, the commissioner expressed appreciation that the minister had heeded the advice of the committee to incorporate into the law at least some of the recommended guiding principles, such as intergenerational equity, the precautionary principle, and polluter pays. Other recommended principles, including environmental justice and the right to a healthy environment, were not included.

The commissioner expressed concern that additional international commitments critical to sustainability remain missing from the bill. These include, for logical reasons, the United Nations agenda 2030 on sustainable development goals and the Paris climate convention.

During its review in advance of Bill C-57, the standing committee sought advice from a number of leading Canadian and international experts on sustainable development on ways to strengthen the federal resolve to deliver on sustainable development. These included, as mentioned, the current commissioner of the environment and sustainable development and the head of the International Institute for Sustainable Development, who was also the former commissioner. It also included Welsh and German experts on sustainable development, Global International, and the World Future Council. Clearly, the committee heard advice from a wide array of expertise on sustainable development.

A widely supported recommendation was to shift to a whole of government approach in instituting sustainability considerations in government decision-making by incorporating into law measures to improve enforceability and accountability on the sustainable development targets, appointing more senior-level authorities to provide oversight, and entrenching the cabinet directive in the statute. The minister chose not to follow this sage advice

These recommendations were repeated by the federal commissioner when testifying before the committee. She reiterated her call to shift the oversight role from a junior-level officer in the environment department to a central agency. It is no surprise why she came to this conclusion. As mentioned earlier, audits delivered over the past several decades reported abject failure across authorities, including the departments of environment and Public Safety, to comply with the law. Her fall 2017 report found a mere 20% compliance rate by the five departments audited.

As recently as this spring, the commissioner reported that the government has no federal government structure, a limited interpretation of sustainable development, and no system to measure or monitor sustainable development.

I would welcome questions and just share that I am deeply disappointed. This was an opportunity to strengthen the resolve of the federal government--

Indigenous and Northern Affairs

[MaryAnn Mihychuk, Liberal, Kildonan—St. Paul, MB]

Mr. Speaker, I have the honour to present, in both official languages, the 13th report of the Standing Committee on Indigenous and Northern Affairs concerning 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.

The committee studied the bill and decided to report it to the House without amendment.

Historic Sites and Monuments Act

[John Aldag, Liberal, Cloverdale—Langley City, BC]

moved that Bill C-374, An Act to amend the Historic Sites and Monuments Act (composition of the Board), be read the third time and passed.

Madam Speaker, I rise today to speak to my private member's bill, Bill C-374, an act to amend the Historic Sites and Monuments Act, composition of the Board.

I would like to begin by recognizing that we are gathered here today on the traditional land of the Algonquin people. This recognition is a small but important way in which to advance reconciliation with indigenous peoples.

Bill C-374 shares the same objective of advancing reconciliation and to ensuring that the perspectives of indigenous peoples are incorporated in our decision-making processes federally. I am extremely privileged to have Bill C-374 make it to third reading in the House and thankful for cross-partisan support of this legislation.

Bill C-374 seeks to include a much-needed indigenous representation on the Historic Sites and Monuments Board of Canada. The board, which is responsible for advising the Government of Canada through the Minister of Environment on the designation of people, places, and events of national historic significance, currently lacks formal statutorily mandated representation of indigenous peoples on its board.

The fact is that we cannot hope to accurately commemorate issues of historical significance if we do not fully include the perspectives of the first peoples of this land.

My personal motivation to put forward Bill C-374 is rooted in a career spanning more than three decades with Parks Canada. I had the opportunity to live and work with indigenous communities in a variety of settings and it helped inform my opinions about the need to do things differently with indigenous communities. When I was elected, I came across the work of the Truth and Reconciliation Commission.

In the TRC's Summary of Final Report, there is a section on commemorations which spoke quite personally to me about the need in the commemorations field to do things differently. Drawn out of this section were calls to action to change and improve upon the ways in which we commemorate our past.

Bill C-374 is specifically intended to implement call to action 79(i), which states, “We call upon the federal government, in collaboration with Survivors, Aboriginal organizations, and the arts community, to develop a reconciliation framework for Canadian heritage and commemoration. This would include, but not be limited to”, and this is the section that is covered in Bill C-374, “Amending the Historic Sites and Monuments Act to include First Nations, Inuit, and Métis representation on the Historic Sites and Monuments Board of Canada and its Secretariat.”

The implementation of call to action 79 was also put forward by the Standing Committee on the Environment and Sustainable Development. In our report, “Preserving Canada's Heritage: the Foundation for Tomorrow”, the committee recommended the implementation of several of the TRC calls to action, including 79, as reflected in our committee's 17th recommendation of the report.

Our government has made clear our support for the Truth and Reconciliation calls to action. Implementation of over two-thirds of the calls to action under federal responsibility is ongoing, and Bill C-374 continues in this spirit.

We have endorsed the United Nations Declaration on the Rights of Indigenous Peoples, without qualification, and committed to its full implementation. This includes support for Bill C-262.

In February, the Prime Minister announced in this place the creation of a recognition and implementation of indigenous rights framework. This will ensure that the recognition and implementation of rights is the basis for all relations between indigenous peoples and the federal government going forward. To ensure the protection, preservation, and revitalization of indigenous languages in the country, we are working with first nations, Métis, and Inuit communities to co-develop an indigenous languages act.

In this spirit of indigenous language preservation, I have also worked with Senator Jaffer on a bill to designate February 21 as international mother language day. The bill has been tabled in the Senate and debate has already started on it, another small step toward reconciliation.

This week, we witnessed all-party support for a motion respecting TRC call to action 58, calling for a formal papal apology for the role of the Catholic Church in the establishment, operation, and abuses of residential schools.

These are important steps forward, but the work does not end here. Reconciliation is a complex and difficult journey that grapples with the relationship between indigenous and non-indigenous peoples. The TRC summary of the final report discussed this complexity:

To some people, reconciliation is the re-establishment of a conciliatory state. However, this is a state that many Aboriginal people assert never has existed between Aboriginal and non-Aboriginal people. To others, reconciliation, in the context of Indian residential schools, is similar to dealing with a situation of family violence. It's about coming to terms with events of the past in a manner that overcomes conflict and establishes a respectful and healthy relationship among people, going forward. It is in the latter context that the Truth and Reconciliation Commission of Canada has approached the question of reconciliation.

To the Commission, reconciliation is about establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country. In order for that to happen, there has to be awareness of the past, acknowledgement of the harm that has been inflicted, atonement for the causes, and action to change behaviour.

The report goes on, and this is important in the context of the Historic Sites and Monuments Board of Canada and the changes that Bill C-374 would make. It states:

Too many Canadians know little or nothing about the deep historical roots of these conflicts. This lack of historical knowledge has serious consequences for First Nations, Inuit, and Métis peoples, and for Canada as a whole. In government circles, it makes for poor public policy decisions. In the public realm, it reinforces racist attitudes and fuels civic distrust between Aboriginal peoples and other Canadians.

Too many Canadians still do not know the history of Aboriginal peoples' contributions to Canada, or understand that by virtue of the historical and modern Treaties negotiated by our government, we are all Treaty people. History plays an important role in reconciliation; to build for the future, Canadians must look to, and learn from, the past.

Bill C-374 would ensure that indigenous perspectives are fully incorporated into our commemorations process federally. Indigenous peoples' participation in our commemorations decision-making process will help us move beyond the colonialist and paternalistic approaches of the past and allow us to engage in a more frank and authentic manner.

This bill is not a criticism of the work of the Historic Sites and Monuments Board over the past 100 years of their existence but shows that there is a need to evolve by creating structural inclusion for indigenous perspectives in how we commemorate the persons, places, and events that are of national significance.

Our history is as messy and complex as the process of reconciliation itself. The legacy of our residential school system is a stark and tragic reminder of this. The Truth and Reconciliation Commission explored this complexity:

For Survivors who came forward at the TRC's National Events and Community Hearings, remembering their childhood often meant reliving horrific memories of abuse, hunger, and neglect. It meant dredging up painful feelings of loneliness, abandonment, and shame. Many still struggle to heal deep wounds of the past. Words fail to do justice to their courage in standing up and speaking out.

There were other memories too: of resilience; of lifetime friendships forged with classmates and teachers; of taking pride in art, music, or sports accomplishments; of becoming leaders in their communities and in the life of the nation. Survivors shared their memories with Canada and the world so that the truth could no longer be denied.Survivors also remembered so that other Canadians could learn from these hard lessons of the past. They want Canadians to know, to remember, to care, and to change.

During our heritage study at the environment committee, we heard the powerful testimony of Mr. Ry Moran, the director of the National Centre for Truth and Reconciliation, who discussed the intricate and delicate nature of commemorating residential schools. Our report stated:

Mr. Moran is particularly concerned about the state of conservation of the 17 remaining residential schools if nothing is done to preserve them. He explained to the Committee that some Indigenous communities want to preserve these residential schools as evidence of history. However, he said it is easier to obtain funding to demolish these schools. Mr. Moran noted that Indigenous communities wanted to be able to choose whether they preserve or demolish these buildings. Moreover, he emphasized the need to commemorate the places where demolished residential schools once stood, as the Truth and Reconciliation Commission recommended

That includes the burial locations of the missing children.

The committee heard that the inclusion of indigenous people was a priority and a necessity for the heritage community; that today's heritage organizations, departments, and agencies were ill-equipped to protect and preserve indigenous heritage; that indigenous people must be involved in defining, designating, commemorating, and preserving their heritage; and that indigenous communities, governments, and organizations wanted to have a voice and a place for their people to have a voice in heritage conservation.

During my 32-year career with Parks Canada working with heritage spaces, I similarly encountered the often difficult nature of commemorations. I witnessed both successful and unsuccessful approaches to commemorating people, places, and events of historical significance.

I have spoken about those in the House, including the great success of retelling the story of the place of Yuquot, originally commemorated as Friendly Cove and celebrated as the first point of European contact. That location was actually the birthplace of the Nuu-chah-nulth people. The repackaging and rethinking of that designation showed it as a place of welcome by the indigenous people, who had lived there since the beginning of time, and a place of welcome to the Europeans when they arrived in Canada. It was the indigenous people's voice that helped with the retelling and reframing of that story.

I am proud that Bill C-374 has made it to third reading with unanimous support at report stage. This is a proud reflection of the non-partisan nature of reconciliation. Reconciliation is not an indigenous issue. It is truly a Canadian issue.

The success of Bill C-374 and this opportunity to advance reconciliation would not have been possible without the support of the government and a royal recommendation to deal with remuneration provisions in the bill. I am grateful to the government for supporting Bill C-374 and for granting it a royal recommendation, which is the third of its kind since 1994, to the best of my knowledge. This support reflects our government's commitment to a renewed relationship with indigenous peoples based on a recognition of rights, mutual respect, co-operation, and partnership.

The road to reconciliation is a long and difficult one, but with Bill C-374 we have the opportunity to advance this objective by improving upon the ways in which we commemorate our past. I am hopeful that all members will join me in supporting this important legislation.

Bill C-374 is poised to move to the Senate, where I am proud to have the support of Senator Murray Sinclair, who has agreed to sponsor the bill in the Senate. Members will no doubt know that Senator Sinclair has a distinguished 25-year career in the justice system and served as the chief commissioner of the Truth and Reconciliation Commission. I hope members of the other place will recognize the importance of this legislation and work, as we have in this place, to continue advancing reconciliation.

I would like to thank all members for their consideration of this bill and ask for their support at third reading so this important piece of legislation can move one step closer to becoming law.

Opposition Motion--Papal Apology on Residential Schools

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Mr. Speaker, I want to begin by acknowledging that we are gathered here on the unceded lands of the Algonquin people.

I am very pleased to speak today on such an important topic. There are three issues that are outlined in the opposition motion brought to us by the NDP. I will focus on the one that relates to the apology from the Pope and the Catholic Church. Before I address that, I want to outline why this is important to me.

As a practising Hindu, I believe it is important that I acknowledge that I was raised in many ways in the Catholic school system. My first four years of schooling, both in Sri Lanka and Ireland, were in the Catholic school system. That is very important to me, because that faith taught me a great deal about life, about values, and about important rights and wrongs. I have nothing but good things to say about my education.

Unfortunately, that has not been the case in the history of Canada. The Charter of Rights and Freedoms gives us the right to believe what we believe in and the right not to believe. As such, I think it is important to say that the conversation today is really to focus on the issue of residential schools and to look at how we, as a country, can move forward with the issue of reconciliation.

Reconciliation is very difficult to talk about. It has been attempted by many countries. South Africa stands as one example, and I know other countries in Africa have undertaken it. Canada has also undertaken this process, and I think the Truth and Reconciliation Commission serves as a foundation for that discussion, that journey, as my friend said earlier.

That journey begins on a number of fronts. There are calls to action that require governments and different institutions to do their part in addressing and advancing the issue of reconciliation. I think we have made a number of different achievements on that front, one of them obviously being the current discussion and debate we had with respect to UNDRIP, the UN Declaration on the Rights of Indigenous Peoples, and Bill C-262, the private member's bill that was brought forward by the member for Abitibi—Baie-James—Nunavik—Eeyou. That is also very important to the concept of reconciliation.

With respect to institutions, there are a number that play a very important role, most notably the Catholic Church. Before I talk about what is being asked of the church, when I was preparing for this debate, I really took to heart that I have two young girls who are seven and nine. We live in a home where we speak Tamil, or broken Tamil to some extent because my kids and my wife are not fluent. However, we try to impart a sense of language, culture, and faith to our children. It is fundamental to me, my family, and my children. It is what grounds me on a day-to-day basis.

I really thought about what happened with the residential schools. Oftentimes, at the age my children are, or maybe even younger than that, the kids were taken away, placed in a residential school setting, and were prevented from speaking their language. As we know, language is so important to us. Our mother tongue is essential to us. Tamil people in my community lost over 100,000 lives defending their language, the right to speak their language, and the right to advocate and go to school in their language. It is very important. When those children went into the residential schools, they lost their mother tongue.

Then we have culture. Again, this valuable, important thing defines each and everyone of us. All of us in the chamber come from different backgrounds, many from very different backgrounds. That really takes away from our practices, our understanding of the world, the baseline concepts we take for granted because we are grounded in that culture. When kids are taken away, when that culture is taken away from them, it really does take away the heart of that child.

All religions, all indigenous communities have very rich traditions of spirituality that are so important. We try to do it oftentimes in a symbolic way. We try to do it in Parliament. We try to do it when we have events in our ridings or national events. We try to incorporate some of the spiritual practices of religions, but it is in many ways symbolism. We have lost the core of that spirituality, and young people who went into residential schools lost that.

I do not want to talk about the abuse, but imagine bringing that child back into the community eight to 12 years later. See if that child can have a relationship with their parents, their grandparents or their community or they with that child. It is disturbing and fundamentally wrong to do that, yet we did it with government sanction, with government-run programs to support residential schools. This did not happen because of a choice. It happened because of decisions that were made in the House and religious institutions were tasked to carry out those duties.

We now see 150,000 people who have gone through this and many generations of indigenous people have been affected by it, have been broken by it. We are here today to correct that.

A number of institutions have been involved and implicated in this, most notably the churches. I want to point out that a number of different churches have addressed this issue over the past several years. For example, in 1993, the Anglican Church made that apology. The Presbyterian Church made that apology in 1994. The United Church made two apologies, one in 1986 and one in 1998. The Missionary Oblates apologized in 2001. In 2008, the Government of Canada formally apologized.

In the indigenous affairs committee one of the studies that made me understand the effects of residential schools was the study on suicide, which was tabled in here about a year ago. That study essentially looked at some of the contributing factors. Well over 100 people talked about the effects of residential schools on their lives and on their relationship with families and communities.

Today we are here because all of these have contributed to the socio-economic factors about which we often talk, about the continuance of colonialism in our society. Standing here I always look at my friend across, the member for Abitibi—Baie-James—Nunavik—Eeyou, someone who I have the utmost respect for and look at as a teacher more than as a colleague. We have travelled together on a couple of occasions. At times, he would share his experiences, the effects on him, his family, and community. It always comes back to that.

Today, I would respectfully ask the church and the Pope to do the right thing. I hope the Pope visits Canada soon. At that time, I hope he gets to meet a number of the people who have been affected by this directly, including my friend from Abitibi—Baie-James—Nunavik—Eeyou. To me, the Catholic faith is about doing the right thing. I have no doubt this will happen. I call upon them, as do my colleagues across the way, to do the right thing.

Impact Assessment Act

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, yesterday, at the northern and aboriginal affairs committee, we had natural resources officials there. We are currently studying Bill C-262, on the implementation of UNDRIP and how all Canadian law is going to have to live within the framework of UNDRIP. We asked the natural resources officials if they had considered whether Bill C-69 lived within that framework, and they had not. That was their answer.

I am just wondering if free, prior, and informed consent is to be held at all levels, particularly legislative, but also if the member thinks that Bill C-69 meets that threshold of free, prior, and informed consent.

Indigenous Affairs

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, the second petition I wish to table today is from many people in my riding who support Bill C-262, which happily has passed the House. It is important to the people in my riding that the bill be fully implemented.

Indigenous Peoples and Canada's Justice System

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Chair, I welcome this opportunity tonight to discuss and learn about the experience of indigenous people within our justice system.

There is no question that indigenous people are grossly overrepresented in the system, and there are many varied opinions why this is. This evening's debate was precipitated by the unfortunate event in my home province of Saskatchewan, when a young aboriginal man by the name of Colten Boushie was killed. I am not going to go into any of the details, as I believe everyone knows about this court case.

I had the chance to meet Colten's mother and some of his family members today. I personally expressed my condolences to her, and in return, she said that I have a warm heart, and it is beating. I also learned of the racist attacks her friends and neighbours have faced over the last few days in Saskatchewan.

I believe Colten's mother, Ms. Baptiste, is watching the debate here tonight. It is my sincere wish that she can take some comfort in knowing that there are people here who are genuinely concerned about the well-being of the indigenous peoples of Canada.

As I said earlier, there are many options on the causes of the overrepresentation of indigenous people in our justice system. I believe one of the core elements is the educational system. Prior to entering politics, I was a school board trustee for many years, so I have first-hand knowledge of the educational barriers that face many first nation youth in my province and of the dismal graduation rates.

My wife Ann has over three decades of experience helping indigenous students reach their goals. She was a classroom and resource teacher. Now my daughter Courtney and my son Geoff have followed my wife's footsteps and are educators. They all have first-hand experience with first nation students in their classrooms. I believe the many hours of conversations, both at home and at board meetings, have given me a pretty good perspective on where we can improve in this area. In fact, as a member of the indigenous and northern affairs committee, I moved the following motion last November 28, 2017:

That, pursuant to Standing Order 108(2), the Committee undertake a comprehensive study of Indigenous education and graduation rates from secondary schools; that the scope of the study include standards for high school graduation, standard curricula, standard qualifications for educators and statistics for national graduation rates from reserve schools in comparison to Indigenous students off-reserve and also to non-Indigenous students; that the witness list include responsible Indigenous Services department officials, band councils, band members, Statistics Canada officials, First Nation organizations responsible for delivering education services such as First Nations Education Steering Committee, and community groups; and that the Committee report its findings to the House within twelve months of the adoption of this motion.

My motion has not been voted on yet, but I would like to take this opportunity to encourage all my committee colleagues to support this study. I would also say that I am encouraged by the Prime Minister's statement earlier today when he said, “Indigenous youth should not grow up surrounded by the things that place them at elevated risk for suicide, such as poverty, abuse, and limited access to a good education and good health care.”

I am a firm believer that an education is a powerful tool. It can open many doors, and I would like to see many more doors opening for Canadian indigenous children, not slamming shut behind them as they enter the justice system.

Just this afternoon, I had a conversation with Bobby Cameron, who is the chief of the Federation of Sovereign Indigenous Nations.

He explained that their intention with the inherent and treaty rights memorandum of understanding with the Saskatchewan Indigenous Cultural Centre, with the Office of the Treaty Commissioner, and the Saskatchewan School Boards Association is to educate and create more knowledge on the whole aspect of inherent and treaty rights as first nations people, to help curb some of the false attitudes and perceptions that some people have, and to make it mandatory for all high school students in Saskatchewan to take a hereditary treaty rights class in order to earn a grade 12 diploma.

He is absolutely right. Non-aboriginal peoples in this country also have to learn more about the rights of aboriginal peoples, which they are entitled to under our own Constitution. Anyone doubting this needs to only read section 35.

In the news release announcing the MOU, treaty commissioner Mary Culbertson said, “Education was the vehicle used to oppress first nations people”. Through education about the spirit, the intent, and the treaty relationship, “Reconciliation can be one day achieved (and) education will be the vehicle to take us there.”

Last week, I had the opportunity to speak at the second reading 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. During my comments, I noted that the Minister of Justice and Attorney General of Canada was chairing a cabinet committee reviewing Canada's laws, policies, and operational practices to ensure that the Government of Canada is fulfilling its constitutional obligations and implementing its international human rights commitments, including the UN Declaration on the Rights of Indigenous Peoples. The committee undertook this review a year ago, and to my knowledge, we have not yet seen a report. Let me just say it is a step in the right direction.

I am also encouraged by the comments made recently by Saskatchewan's new Premier Scott Moe and our justice minister, Don Morgan. They both agree that there are some serious and probably uncomfortable conversations that have to be had on racism, on rural crime, and on the justice system. Premier Moe stated:

We respect the decisions of the justice system and its independence.... But as we move forward it's incumbent on us as a government to have those very important, very challenging discussions with our aboriginal community in the province, and all of our communities in the province.

He went on to say:

I've been made aware of a number of comments that are racist. There's no place for that in the province of Saskatchewan.... This isn't an easy thing to talk about for anybody, but it's something we have to talk about.

Justice minister Don Morgan said:

...we want to hear from first nations leaders, but I think the comments that people are making, that they want to see more indigenous people involved in the system, is a fair comment.

He also said:

I think we're open to have those kinds of discussions with the federal government. ...we'd be willing participants....

As Conservatives, we are always interested in hearing from Canadians on ways in which we can improve Canada's justice system. We would welcome and carefully consider proposed legislation that would improve the justice system.

Finally, my remarks this evening have made reference to the province of Saskatchewan a number of times. I would like to assure everyone watching this take-note debate that these problems by all means are not limited to my home province. They are a national problem and they require a national plan to overcome them. It is the duty of all 338 of us, as representatives of the citizens of this country, in concert with the indigenous representatives, to work on these critical problems and find solutions.

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

Mr. Speaker, I think the basis of our work in all the things that we do, either from a policy perspective or a legislative perspective, needs to be based on the UN Declaration on the Rights of Indigenous Peoples. The norms contained in the UN declaration are the minimum standards for the survival of the dignity, well-being, and security of indigenous peoples in this place.

I am grateful that the government has supported Bill C-262, because that is the kind of basic framework we need in this country.

Rights of Indigenous Peoples

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, I would like to begin by recognizing that we are, as we are every day in the House, on the ancestral land of the Algonquin people.

Last September, I spoke before delegations from all over the world at the United Nations. I told them the harsh truths about the long and complex relationship that Canada has with first nations, the Inuit, and the Métis nation. I spoke about the colonial approach that led to the Indian Act, which is discriminatory and paternalistic.

It was a colonial approach that systematically ignored the history of the Métis nation and denied its people their rights and that in the name of Canadian sovereignty, forced the relocation of entire Inuit communities, starving individuals, uprooting families, and causing generations of harm.

I am sure that all members of the House are very familiar with these tragic events, but it is remarkable how much Canadians know about them.

I just finished a series of town hall visits in communities all across Canada. Everywhere I went, there was at least one person who wanted to know what our government is doing to combat racism, to help advance reconciliation, to improve the quality of life for indigenous peoples. There were questions about fishing rights, land claims, and pipeline approvals, questions about the national inquiry into missing and murdered indigenous women and girls, about clean water, and about the alarming number of indigenous children in foster care.

These were thoughtful questions, and it was immediately clear, every time these kinds of questions were asked, that the room leaned in to hear. This was, in part, a show of support for the people who stood up and asked some tough questions, but it was also a signal that these are questions that Canadians want answered, questions that strike right at the heart of who we are and what kind of country we want to be.

One of those questions is how we, as a government, recognize and implement the rights of indigenous peoples. We have seen those questions grow in number and intensity in just these past few days, as more and more Canadians come to grips with the fact that we have so much more work to do, more work to push back against the systemic racism that is the lived reality for so many indigenous peoples, more work to deal with the fact that too many feel and fear that our country and its institutions will never deliver the fairness, justice, and real reconciliation that indigenous peoples deserve.

There is also reason to be hopeful. Yesterday I had the honour of spending some time with Colten Boushie's family, with his mom, Debbie; cousin, Jade; and Uncle Alvin. Through all their grief and anger, and frustration, their focus was not on themselves and the tragedy they just endured, but on how we must work together to make the system and our institutions better, better for indigenous youth, for indigenous families, and for all Canadians.

We have a responsibility to do better, to be better, to do our best to make sure that no family has to endure what they went through.

The criminal justice system is just one place in which reforms are urgently needed. Reforms are needed to ensure that, among other things, indigenous peoples might once again have confidence in a system that has failed them all too often in the past. That is why we will bring forward broad-based concrete reforms to the criminal justice system, including changes to how juries are selected.

Obviously, indigenous peoples and all Canadians know that change is way overdue.

At the same time, some see our government's ambitious commitments with a certain degree of distrust. If we look at how things have been done in the past, it is difficult to honestly say that such distrust is not warranted.

After all, it is not as though we are the first government to recognize the need to make changes and to promise to do things differently.

Over 20 years have passed since the Royal Commission on Aboriginal Peoples called for the recognition of indigenous people as self-governing nations with a unique place in Canada. Over 30 years have passed since the Penner report and the first ministers’ conferences on the rights of aboriginal peoples.

Last year marked 35 years since aboriginal and treaty rights were recognized and affirmed through section 35 of the Constitution Act. The government of the day, led by my father, did not intend to include these rights at the outset. It was the outspoken advocacy of first nations, Inuit, and Métis peoples, supported by non-indigenous Canadians, that forced that government to reconsider.

Imagine what that must have felt like, to have fought so long, so hard, against colonialism, rallying their communities, reaching out to Canadians, riding the Constitution express, and in the end, to finally be recognized and included, to see their rights enshrined and protected in the foundational document upon which Canada's democracy rests.

Now, imagine the mounting disappointment, the all too unsurprising and familiar heartache, and the rising tide of anger when governments that had promised so much did so little to keep their word.

The challenge then, as now, is that while section 35 recognizes and affirms aboriginal and treaty rights, those rights have not been implemented by our governments. The work to give life to section 35 was supposed to be done together with first nations, Inuit, and Métis peoples, and while there has been some success, progress has not been sustained nor significant. Therefore, over time it too often fell to the courts to pick up the pieces and fill in the gaps. More precisely, instead of outright recognizing and affirming indigenous rights, as we promised we would, indigenous peoples were forced to prove time and time again, through costly and drawn out court challenges that their rights existed and must be recognized and implemented.

Indigenous peoples, like all Canadians, know that this must change, and we know this too. That is why we have been working hard for two years to renew our relationship with indigenous peoples, a relationship based on recognition of rights, respect, co-operation, and partnership. We are on the right track.

We endorsed the United Nations Declaration on the Rights of Indigenous Peoples without qualification and committed to its full implementation, including with government support for Bill C-262.

We engaged in new recognition of rights and self-determination negotiations, where the government and indigenous peoples work together on the priorities indigenous partners say are necessary to advance their vision of self-determination.

We signed agreements with first nations, Inuit, and the Métis nation, outlining how we will work together to identify each community's distinct priorities and how we will work together to develop solutions.

We established a working group of ministers to review our federal laws, policies, and operational practices to ensure the crown is meeting its constitutional obligations and adhering to international human rights standards, including the UN Declaration on the Rights of Indigenous Peoples.

To guide the work of decolonizing Canadian laws and policies, we adopted principles respecting Canada's relationship with indigenous peoples.

To preserve, protect, and revitalize indigenous languages, we are working jointly with indigenous partners to develop a First Nations, Inuit, and Métis languages act. We have made changes in order to recognize indigenous rights and traditional knowledge, as well as to make sure that indigenous peoples are more included when there are developments in their communities.

These efforts are an important start, but they are just a start. To truly renew the relationship between Canada and indigenous peoples, not just for today but for the next 150 years and beyond, we need a comprehensive and far-reaching approach. We need a government-wide shift in how we do things. We need to both recognize and implement indigenous rights, because the truth is, until we get this part right, we will not have lasting success on the concrete outcomes that we know mean so much to everyone.

Indigenous peoples in Canada should be able to drink the water that comes out of their taps. They should be able to go to sleep in homes that are safe and not overcrowded. Indigenous children should be able to stay with their families and communities where they are known and loved. Indigenous youth should not grow up surrounded by the things that place them at elevated risk for suicide, such as poverty, abuse, and limited access to a good education and good health care.

All of these things demand real, positive action, action that must include and be grounded in the full recognition and implementation of indigenous rights. We need to get to a place where indigenous peoples in Canada are in control of their own destinies and making their own decisions about their futures.

Today, I am pleased to announce that the government will develop, in full partnership with first nations, Inuit, and Métis people, a new recognition and implementation of indigenous rights framework that will include new ways to recognize and implement indigenous rights. This will include new recognition and implementation of rights legislation. Going forward, recognition of rights will guide all government interactions with indigenous peoples. The contents of the framework that we build together will be determined through a national engagement led by the Minister of Crown-Indigenous Relations and Northern Affairs with support from the Minister of Justice.

Earlier, I cited many reports and a number of previous studies and consultations. I can appreciate that some would see any future consultation as just another hindrance to the struggle for the self-determination of indigenous people. Let us be clear: no matter how responsible, well-intentioned, or thoughtful it is, a solution coming just straight out of Ottawa will not do much good.

We understand that indigenous peoples are looking forward to beginning the considerable work themselves to rebuild their nations and their institutions. As a government, our work is to support First Nations, Inuit, and Métis peoples and to work in partnership with them to establish the framework and provide them with the tools they need as they lead the way, together with all Canadians.

We will also be engaging the provinces and territories, non-indigenous Canadians, people from civil society, industry, and the business community, and the public at large, because all Canadians have a stake in getting this right. While the results of this engagement will guide what the final framework looks like, we believe that, as a starting point, it should include new legislation and policy that would make the recognition and implementation of rights the basis for all relations between indigenous peoples and the federal government moving forward.

This framework gives us the opportunity to build new mechanisms to recognize indigenous governments and ensure the rigorous, full, and meaningful implementation of treaties and other agreements. With this framework, we have a chance to develop new tools to support the rebuilding of indigenous communities, nations, and governments, and advance self-determination, including the inherent right of self-government.

This framework could establish new ways to resolve disputes so that collaboration becomes the new standard and conflict the exception rather than the rule. By including tools that oblige the federal government to be more transparent and accountable, we can build greater trust between indigenous peoples and government.

Lastly, with this new framework, we will be able to better align Canadian legislation and policies with the United Nations Declaration on the Rights of Indigenous Peoples, which the government wholeheartedly supports.

We believe that a framework that includes measures such as this one will finally act on many of the recommendations made by the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission of Canada and set out in countless other studies and reports over the years.

Some may worry that this ambitious approach may require reopening the Constitution. That is not true. In fact, we are finally fully embracing and giving life to the existing section 35 of the Constitution. We will replace policies like the comprehensive land claims policy and the inherent right to self-government policy with new and better approaches that respect the distinctions between first nations, Inuit, and Métis peoples. This will give greater confidence and certainty to everyone involved.

The federal government's absence over generations in recognizing and implementing indigenous rights has resulted in social and economic exclusion, uncertainty, and litigation, when our shared focus should have always been on creating prosperity and opportunity for everyone. Better opportunities for indigenous peoples and certainty for indigenous youth are precisely what we hope to achieve through this framework.

Engagement will continue throughout the spring, but it is our firm intention to have the framework introduced later this year and implemented before the next election.

This is work not only for the government, but for this Parliament as well. There will be committee work, witnesses, and vigorous debate in both chambers.

The history of Canada’s relationship with indigenous peoples transcends all governments. The Indian Act was passed in this House, as was section 35. Now, as a Parliament, we have the opportunity, and in fact the responsibility, to finally implement section 35.

We all know that we cannot erase the past. We cannot recover what was lost. What we can do, what we must do, is to commit to being better and doing better. As a start, let us do what the Constitution Act, 1982, has required us to do for almost 40 years.

We will work together to do away with legislation and policies built to serve colonial interests. We will work together as we follow through on our commitments to build a new and better relationship.

Indigenous Canadians and all Canadians are ready for change, ready for a new relationship based on recognition, rights, respect, co-operation, and partnership. With a recognition and implementation of rights framework, we can build that new relationship together. It will not be easy, nothing worth doing ever is, but it will be worth it. It will be worth it because we will have taken more steps toward righting historical wrongs. It will be worth it because we will have replaced apathy with action, ignorance with understanding, and conflict with respect. We will have laid the foundation for real and lasting change, the kind of change that can only come when we fully recognize and implement indigenous rights.

Together we will take concrete action to build a better future, a better Canada, for indigenous peoples and for all Canadians.

Indigenous Affairs

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, the Senate bill, Bill S-3amends the Indian Act to eliminate sex-based inequities in registration. Private member's billC-262 is an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. Truth and reconciliation is under way. Parliament is working in service of our aspirations for a revitalized Senate, the contributions of individual members of Parliament, and listening and acting with the indigenous voices of Canada.

In my riding we too are acting in this spirit. On the Sunshine Coast, John and Nancy Denham led 30 shíshálh Nation and non-indigenous peoples in a dialogue circle. Our time together was respectful and intense. The West Vancouver Memorial Library hosted “Honouring Reconciliation: Hearing the Truth” to a full house, led by the Squamish Nation.

These are important experiences for Canadians and shíshálh and Squamish nations, as truth and reconciliation enables us to reach our full potential.

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, I am pleased to rise today to table in the House a petition from Dublin Street United Church in Guelph, joining the United Church moderator Jordan Cantwell, in requesting the support of the House of Commons for Bill C-262.

Indian Act

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

Mr. Speaker, prior to Standing Order 31 being read, I was well engaged in talking about a very important issue for the Government of Canada as we try to advance Bill S-3 through the House of Commons. We continue to move forward in a very tangible way dealing with a nation-to-nation responsibility, as our Prime Minister has very clearly indicated, dealing with a new, genuine relationship between the national government and first nations, Métis, and Inuit.

In many ways, we are talking about the issue of gender equality and trying to see more of that within the legislation of the Indian Act. We have had many people provide comment on the act. I would be challenged to find members who stand in their place and say that the Indian Act is a good piece of law. The drive to change it, many would say to replace in its entirety or get rid of, is in order.

As the Parliamentary Secretary to the Minister of Crown-Indigenous Relations and Northern Affairs clearly indicated, we have to have something in its place. As we work toward that, there are many other things that we can do.

I want to pick up on what the Parliamentary Secretary for Status of Women said today in question period when he was asked a question in regard to empowering and advancing indigenous women through government programs. He made it very clear that the government is pleased to announce $5 million that will go toward projects to empower indigenous women to be leaders in their communities in order to address issues that affect them or that hinder their advancement.

I started my speech by saying how important it is to recognize and deal with indigenous issues, this legislation being one of them, but it goes beyond legislation. We need to look at financial ways or alternative ways. That talks about the whole concept of consultations, working with our partners, working at that nation-to-nation level and seeing what else we can come up with. This was a significant commitment.

In Winnipeg North, I have had opportunity to encourage at least one organization to look at this announcement and see if there is room in Winnipeg North and even beyond its borders where we could tap into some of that $5 million. There are many different impediments that prevent women, in particular indigenous women, from being able to access certain things that we might take for granted.

I am very happy to hear this announcement. It complements what the government is hoping to achieve. I want to highlight some important messaging the government is hoping to communicate to people with respect to the bill. We understand that it is all about ensuring that sex-based discrimination is eliminated from the registration under the Indian Act.

I always find it amazing that here we are in 2017, and with the support and encouragement of our courts, we have legislation recognizing that aspect, but we also have what many people refer to as a strong feminist Prime Minister with a very proactive minister responsible for indigenous affairs and the department that ultimately recognize that this is an issue that does need to be dealt with. I am very glad that within Bill S-3 we will be doing just that.

The bill would also remedy all known sex-based discrimination in the Indian Act. Again, these are things that, given it is 2017, we would not think would still be within the legislation. It needs to be moved forward, at least until we have that more comprehensive, holistic approach with respect to the Indian Act, or at least until we have been able to fill that void that would be created by getting rid of the Indian Act.

It would also seek to amend the legislation to remedy sex-based inequities that existed. It sets it just prior to Confederation, 1869 all the way up to 1951. The amendment, as passed by the Senate, would remove all sex-based inequities from the registration provisions in the act. My colleague from the New Democratic Party spoke at length on that issue. I agree with the member across the way at times, and this is one of those times.

It is hard to imagine how we could justify these inequities. We know we could never justify it in 2017, but there was a time there was gender discrimination to the degree that a male from a reserve could have a child with a non-native woman and there was never any question of the heritage or entitlements of that child. Contrast that with a female, and the heritage of the child would have been questioned if she had chosen to marry someone who was not indigenous. I think most Canadians would recognize just how unfair that is. Even back then, we had very strong feminists who no doubt would have recognized that sense of unjust legislation. I am surprised that it is still in legislation today. That is one of the reasons members should seriously look at the legislation. I understand that we will be voting the legislation through, hopefully before the end of next Monday.

We recognize the government amendment was passed by the Senate as the best way to achieve the stated goal of getting rid of the sex-based inequities. We will be launching consultations early next year that will look at a broader range of the Indian Act registration and membership issues. That is really important. I sat for many years in the opposition benches, and we had legislation that impacted our indigenous communities. I would often talk about the importance of consultations. There is always room for improvement. Even under our administration, we can always strive to be better at working with people to ensure we are consulting in a very thorough fashion.

I have found there is no shortage of ideas related to issues such as we are talking about today. I often have individuals come by my local restaurant, which I go to every Saturday from 10 to 2. I will not say which restaurant, but I am committed to going so constituents know they can visit me to share their thoughts and ideas.

In the last number of months I have had a half dozen or more individuals talk to me about the United Nations or Bill C-262, proposed by one of our NDP colleagues and has been advanced for debate in the chamber. I have received postcards on it. I have had phone call discussions. Even in group meetings, there is always a great detail of interest in having that dialogue. I can only imagine in the macro picture the degree to which we need to be sensitive to the need for consultations.

On that note, I would like to extend my recognition and congratulations to both the minister of indigenous affairs and the parliamentary secretary to indigenous affairs. They have done an outstanding job in working with indigenous community members and the leadership, ensuring the government is moving on what are some absolutely critical issues going forward.

As a general rule, we will see more legislation and budgetary measures. A good example of that was the recent announcement of the housing strategy. It was a historic announcement in the House by the minister responsible for housing.

It was commented that despite this wonderful plan to provide housing for literally hundreds of Canadians into the future, there was still a very important component that needed to be expanded upon, and that is the indigenous factor. We need to work with indigenous leaders to ensure housing and housing standards are also put on the table.

Today, many would see this as long overdue legislation. In a good part, they are right. It is long overdue, but it will pass through. I do not want people to think, whether it is from the remarks by the Prime Minister or others with respect to this important relationship, that this is all we will do. There is other legislation. There are budgetary measures. There is a very high sense of willingness to co-operate, to continue to develop, and promote that nation-to-nation relationship.

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

[Member spoke in Cree]

[Translation]

Mr. Speaker, first of all thank you for giving me the opportunity to speak to this issue, which has been very important to me for many years.

I would like to begin by talking about the context in which we are debating changes to the Indian Act, to eliminate all forms of discrimination, especially against indigenous women who have been treated unfairly for many years under this act.

Earlier, I mentioned just how racist, sexist, colonialist, and outdated I think the Indian Act is. That is why I agree with the member for Saanich—Gulf Islands, who suggested earlier that we should simply get rid of the Indian Act for all these reasons.

I find it rather strange to rise today to speak to an act that we should get rid of. Why? To paraphrase the Prime Minister: because it's 2017. We should have gotten a lot further by now, especially when it comes to policies affecting the first peoples of this country.

In December 2015, after the current government was elected, I was in the room when the Prime Minister promised several things to Canada's chiefs. There were five major items in his speech. One of the promises he made in the 2015 speech to all indigenous leaders in Canada was that the government would review every piece of legislation passed unilaterally by previous governments and get rid of them. I was very pleased with this promise made to Canada's indigenous leaders because it is something I have been thinking about for a very long time.

When I heard the Prime Minister making this promise to all of Canada's chiefs, the first act that sprung to mind was the Indian Act. I believe that it is possible to replace the Indian Act with something else, especially in this era of reconciliation in Canada.

One of the other important promises that this government made to indigenous people was that it would adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples. In my view, this is the most important promise. Why not accept this framework, which would allow us to move forward?

I will read Article 9 of the United Nations Declaration on the Rights of Indigenous Peoples.

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

This is the new framework that must guide our debates on these issues in the House.

I do want to mention that I was pleased to hear the Minister of Justice say last week that the current government would support Bill C-262, which has to do with the United Nations Declaration on the Rights of Indigenous Peoples. I am happy that the government is supporting this bill. This bill addresses the 43rd call to action by the Truth and Reconciliation Commission, which calls upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.

We should let this framework that is the UN declaration guide all of our debates involving the rights of indigenous peoples, whether on the Indian Act or other agreements. This is what Bill C-262 proposes, and I am happy to hear that the government will support it. We will see how these issues are debated next Tuesday, during the first hour of debate on Bill C-262.

However, as I pointed out in my question to my colleague, even if the bill is passed, it will not include the three lady warriors who fought against the discrimination perpetuated under the Indian Act for nearly 40 years. I think this is cause for concern.

One part of this bill aims to eliminate all discrimination committed under the authority of the Indian Act. As an indigenous person, I would have a hard time rising in the House to support a bill that does not fully eliminate discrimination. I will never rise in support of a bill that continues to discriminate against this country's first peoples. It will not happen.

As the bill currently stands, there remains entrenched sex-based discrimination in the bill. Ideally, the government would respect the wishes of the parties to the case, as well as stakeholders, in keeping with the current international human rights standards, specifically articles 3, 4, 7, 8, and 9, which I have just read, and article 33 of the UN Declaration on the Rights of Indigenous Peoples.

We want all gender discrimination to be eliminated from the bill before it is passed by the House of Commons. We also want the liability clause to be removed entirely. I will never take away the right of an individual to sue the government for past wrongs. I will never allow this place to pass legislation that eliminates that right. Therefore, I will be moving amendments to that effect shortly.

We must remain critical of a bill that does not entirely address all discrimination, and also critical of the slow pace of change and the failure by successive governments thus far to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples, since adhering to the declaration would provide a basis for Canada to address all systemic problems within the Indian Act. It is important to do so in this era of reconciliation.

I would like to address the insubstantial nature of what passed the Senate and is poised to be adopted by this chamber. I say this because the government is promising to do only what the courts have ordered. No one should be fooled by the rhetoric into thinking that this bill, as it stands, addresses paragraph 6(1)(a) registration rights for indigenous woman, who have been seeking that status for over 40 years of litigation, namely Jeannette Corbiere Lavell, Sharon McIvor and, most recently, Dr. Lynn Gehl. Beneath the rhetoric, the bill represents an insubstantial aspiration that leaves complete discretion to the government to extend 6(1)(a) to everyone because there is no mechanism for implementation or accountability. In fact, this bill leaves so much to be desired that Sharon McIvor and Dr. Pam Palmater are headed to Washington to make a submission to the Inter-American Commission on Human Rights to ask them to intervene regarding Bill S-3 to make sure this government addresses all gender discrimination.

Many indigenous women's groups have called attention to the provisions of proposed section 10. With this clause, the government is justifying past discrimination and past violations of human rights. If we truly believe in the rule of law in this place, then this cannot happen. With this clause the government is justifying past injustices, and this should not be tolerated.

The government would continue to discriminate with impunity until it chooses to address it or is forced to address it. In my view, this underscores the sense of colonial entitlement. It undermines the rule of law. The crown has a fiduciary responsibility to first nations. It owes fiduciary duties to the people. It cannot be given impunity for its conduct because that would essentially enable breaches of the law and breaches of potential fairness to many people. With this bill, we are giving it licence to do whatever it wants, without consequence.

I want to quote Lynn Gehl, who says:

Not addressing the 1951 cutoff because the court said that the issue was one of matrilineal lineage versus sex discrimination was wrong.

....I’m of the position that the hierarchy created in 1985 between Indian men and their descendants as they are registered as a 6(1)(a) and Indian women who are only registered as a 6(1)(c) must be abolished if you want to eliminate the sex discrimination and end this process of amending the Indian Act.

In their letter that I referenced earlier, Sharon McIvor, Jeannette Corbiere Lavell, and Lynn Gehl wrote to the ministers and said:

We are writing to request confirmation that when Bill S-3 passes in the House of Commons there will be no change to the current category of Indian status accorded to Sharon McIvor (6 (1)(c)), and Jeannette Corbiere-Lavell (6(1)(c)), and Dr. Lynn Gehl (6(2))....

They continued:

None of us is affected by the 1951 cut-off introduced by Bill C-3 in 2010. Our reading of the motion introduced by Senator Peter Harder in the Senate on November 8, 2017 is that we, and the many Indigenous women who are similarly situated, will not be accorded 6(1)(a) status when Bill S-3 passes.

Again, this is equality delayed and the consequence is equality denied.

I too share the concern about the consultation process. It seems that the government only consults when it is convenient. Yes, I agree with the minister that there is a constitutional obligation to consult indigenous peoples when their rights and interests are affected, but it has to be applied throughout. I do not recall if the indigenous nations affected by the Site C dam, for instance, were ever consulted. In fact, it was to the contrary. They were being intimidated by BC Hydro with lawsuits. That constitutional obligation to consult has to be applied throughout.

In the case of the bill before us, I reiterate that it falls short of settling everything. The bill continues to discriminate. The Indian Act, in fact, is archaic and we need to get rid of it. The no-liability clause, as I mentioned, is a major problem. If we recall, last June I proposed amendments to that effect, which were rejected. If the amendments introduced back in June had been accepted, we would not be here today. We would not be debating this issue anymore. Unfortunately, they were rejected.

Since my time is quickly running out, I will close by saying that it is essential that the House consider the suggestion I just made of getting rid of the Indian Act altogether and giving first nations, Inuit, and Métis the right to decide whether or not to recognize their own members.

I think that is one of the fundamental rights that we successfully negotiated in the United Nations declaration on the rights of indigenous peoples. It is up to indigenous communities to decide who their members are, something that the Indian Act still does not allow them to do.

I am therefore proposing amendments so that the motion would now read as follows:

That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill S-3, An Act to Amend the Indian Act (elimination of sex-based inequities in registration), the House:

1. agrees with amendments 1 to 6, 8 and 9(a) made by the Senate;

2. proposes that amendment 7 be amended by replacing the words “Replace line 3 with the following: 'ly before the day on which this section comes into'” with “Delete clause 10”;

3. proposes that clause 11 of Bill S-3 be amended by adding the following on page 9 after line 33:

“(3) The consultations must be completed within 18 months of the day on which this Act receives Royal Assent.”

4. proposes that amendment 9(b) be amended by replacing “on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (1)” with the words “18 months after the date that the order in subsection (1) is made”.

Those are the amendments that I am proposing, and I hope that the House will accept them this time.