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.

United Nations Declaration on the Rights of Indigenous Peoples Act

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

Mr. Speaker, I would like to thank the hon. member for Abitibi—Baie-James—Nunavik—Eeyou for bringing forward this private member's bill, Bill C-262. I would also like to acknowledge the important contribution to the discussion on the UN Declaration on the Rights of Indigenous Peoples.

Before addressing the private member's bill, I would like to echo the observation made by my colleague from Kamloops—Thompson—Cariboo. It is worth repeating today: “Section 35 of our Constitution and Canada's existing laws has in the past, and will in the future, ensure that indigenous rights are protected in Canada.” That is a profound statement.

Today, I want to add my voice to the debate on this important piece of legislation.

Bill C-262 is important to Canada as a whole, and it is vital that we get this right. My hesitation on this stems from the fact that it is a private member's bill and as such will not be subject to the same scrutiny and debate that a government-sponsored bill would be subject to.

I would like to read from the UN website a question and answer that will prove my point. Here is the question: “What is the Declaration on the Rights of Indigenous Peoples?” Here is the answer:

The Declaration is a comprehensive statement addressing the rights of indigenous peoples. It was drafted and formally debated for over twenty years prior to being adopted on 29 June 2006 during the inaugural session of the Human Rights Council. The document emphasizes the rights of indigenous peoples to maintain and strengthen their own institutions, cultures and traditions and to pursue their development in keeping with their own needs and aspirations.

It is obvious that the member states recognized that this was an important declaration to be made and debated for over 20 years. Here we are, in a country that is directly affected, and we cannot afford the time to question the minister herself on the legislation, not to mention the experts. As a member of the indigenous and northern affairs committee, I want the opportunity to ask questions and to get straightforward and complete answers to my questions.

Let me give the members an example. In her address to the UN Permanent Forum on Indigenous Issues, the Minister of Crown-Indigenous Relations and Northern Affairs stated:

Today, we are addressing Canada's position on the UN Declaration on the Rights of Indigenous Peoples. I'm here to announce, on behalf of Canada, that we are now a full supporter of the Declaration without qualification....

By adopting and implementing the Declaration...we are breathing life into Section 35 and recognizing it now as a full box of rights for Indigenous peoples in Canada.

I represent the riding of Saskatoon—Grasswood in Saskatchewan. Saskatchewan is home to a vast population of indigenous peoples, both on and off reserve. I want to know from the minister what this full box of rights would look like. I want to know if the indigenous community viewed the box at the same level of fullness as the minister did.

Here is another question. If it took over 20 years for the 193 United Nations member states to debate and finally adopt this declaration, is it not incumbent upon all of us 338 Canadian legislators to fully understand any and all possible outcomes of adopting the legislation that we are being asked to vote on?

Yet another question comes to mind. In her address to the Assembly of First Nations on July 12, 2016, the Minister of Justice and Attorney General of Canada called the adoption of UNDRIP into Canadian law “unworkable”.

She went on to say:

...a cut-and-paste approach to making UNDRIP compatible with domestic laws [is] an overly simplistic and untenable method of protecting indigenous rights in Canada.

However, the following year, on July 25, 2017, in my province of Saskatchewan, in the capital city of Regina, the minister addressed the same group and said:

as many of you know, over the years I have attended the AFN AGA [Annual General Assembly] in various capacities: with my father as his daughter, as a treaty commissioner, as an elected councillor of my Indian Act band, as the Regional Chief of British Columbia, and in the last couple of years as the Minister of Justice and Attorney General of Canada.

There is no doubt that the minister is very experienced, very well educated, and a very informed member of cabinet.

She went on to say:

Of course, if proper relations had occurred at the time of Canada’s founding, the first 150 years of Canada’s history would have been markedly different. So, the challenge now, knowing the past and learning from it, is to make sure that today, for the next 150 years and beyond, we give life to a new and transformed era of Indigenous-Crown relations.

Further on she states:

This is why in February our Prime Minister formed a working group of federal ministers to review 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 United Nations Declaration.

I was very pleased to have been asked to chair this working group. Never before has a federal government created a body of ministers with this unique flexibility and scope of action on a whole-of-government basis.

There we have the question. On July 12, 2016, the adoption of UNDRIP into Canadian law was simply “unworkable” for the minister. Then, a year later, on July 25, 2017, she was very pleased to be asked to chair the working group reviewing the laws, policies, and operational practices to ensure that we are fulfilling our UNDRIP commitments.

What monumental change took place in that year to make this workable? I would like a chance to ask her that. In fact, I am sure all of us in this place would like to ask her that.

When the minister appeared at the indigenous and northern affairs committee meeting on November 30, 2017, in her response to a question from my colleague, the member for Kamloops—Thompson—Cariboo, she said:

I think we have been very clear that free, prior, and informed consent is not a veto. It means you have to work very hard at the earliest part of a project to try to work together to find an outcome that is mutually acceptable. That is the way indigenous groups are seeing themselves in the project.

How do we know that? It may be that the current national chief does not see this as veto power, as she suggests. What about the next national chief? Is it our responsibility to have issues such as that debated and clarified before this becomes law?

Finally, in the midst of all these unanswered questions about UNDRIP, we have the dismantling of the very department responsible for indigenous affairs in this country and the so-called creation now of two departments, one to be responsible for indigenous services and another for relations with the aboriginal communities in Canada. I find it very disturbing that the government would go ahead and create this turmoil while supporting this legislation that could have far-reaching ramifications for the future of this country.

I have serious reservations about the many unanswered questions and the prospect that they will continue to be unanswered until it is too late and all Canadians, indigenous or not, are left with what the Liberals think is best for us, with absolutely no regard for input on this issue.

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

Mr. Speaker, since this is my first time to rise this session, I want to say how pleased I am to have the new role as deputy whip. It is an honour to continue my work on behalf of the great people of North Island—Powell River in this place.

In December, I was meant to be here to do my speech with the amazing member for Abitibi—Baie-James—Nunavik—Eeyou. Sadly, I had to rush home to be with my mother, who had a stroke. I apologize to the member for missing his important speech and thank him for his kindness during a very difficult time for me and my family. As my mother slowly heals, it makes me reflect on how often many of us are here, away from home, and I hope that we all take time to appreciate the people who love us most.

When I was four, I was adopted after two years of my mother and I being part of my father's family. I did not find out I was adopted until I was almost nine. This is important today, because this is how I am able to say that my family is from Stellat'en First Nation, and my aunt is my hereditary chief, Hatix-kuwa, which means “peace within the frame of a house”. I am very honoured to be a part of my family and all the great and courageous work they do.

My granny, Minnie Mould, went to residential school from the time she was four until she was 16. The impact on our family has been powerful due to the abuse she suffered there. She has been gone for many years, but I can promise members that this is not a place where she would ever have thought one of her granddaughters would be speaking. There are days when I feel her spirit sigh with relief. She told me many times, “No complaining, we are still here.”

The very reason we are speaking to this bill today is that indigenous people are still here after many attempts to assimilate them. Today, we speak about how important this bill is, 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.

This bill would provide clarity. Across my riding of North Island—Powell River, communities and businesses are asking for clarity. They want to know how to move forward. They continuously ask me about this bill and ask for a secure definition of what nation to nation means.

This bill would move Canada in that direction by providing a legislative framework that would begin to harmonize Canadian laws with the UN declaration. To repeal the Indian Act means that we need a new legislative framework.

On April 12, 2016, the Minister of Justice stated in the House of Commons:

It is not easy to remove the shackles of 140 years of life under the Indian Act....

[T]he Indian Act is not a suitable system of government. It is not consistent with the rights enshrined in our Constitution, the principles as set out in the UN Declaration on the Rights of Indigenous Peoples, or the calls to action in the Truth and Reconciliation Commission report.

As Canada moves toward repealing the Indian Act, we require a new framework. In my riding, Tla'amin recently signed a treaty. It was a difficult process with a very close vote that was hard on the community in many ways. However, there was a very clear celebration, where the community members burned the Indian Act because it no longer applies to them. In a supportive movement of reconciliation, the wider community was invited and attended the ceremony.

The reality is that reconciliation is happening on the ground in many communities across Canada. I know of many in my riding. It is well past time that the federal government get on this pathway by passing this bill.

There are concerns. The biggest one I have heard is about the idea of indigenous communities having the power of veto.

Grand Chief Ed John said it best:

The bad thing about the media and those who don't support the declaration is, “How could those Indians have a veto?”

I think there's a misconstruction of the concept of free, prior, and informed consent. The better interpretation of free, prior, and informed consent.... Consent at the end of the day is a decision that's made after a process, so governments go through a process to come to some decision. First nations' governments are in that same place. First nations' governments will look at information ahead of time. They should be free from any coercion. It should be prior to decisions being made. There should be extensive consideration. It may require an environmental assessment process or some other process that would help inform the decision-making process.

Free, prior, and informed consent essentially, at its core, is about governments making decisions. When the Province of British Columbia, the provinces, the national government, the territorial governments, or municipal governments are making decisions, that's what they're doing.

This bill is not about giving away power; it is about making sure that everyone is at the table. Currently, in my riding, a very long-term issue has been gaining momentum as several indigenous communities have begun occupying fish farms. This has been a very divisive issue for many years. I want to be clear. There are some indigenous communities that support fish farms and some that do not. Within the communities themselves, there are people working for fish farms and some who are occupying them. The concerned indigenous communities have been asking for a process of consultation. The federal government has not shown up. Just last week, there were discussions between indigenous communities and the provincial government. The federal government was invited, specifically the Minister of Fisheries and Oceans, but he did not show up. In fact, two DFO staff showed up, but no one from the minister's office.

My hope is that the government will take seriously the commitment of Bill C-262 and make sure everyone is at the table so the best decisions can be made. In my riding, workers and indigenous communities are filled with uncertainty, and this is not good for anyone. I hope to see the government respect the rights of indigenous leaders so that they have a voice on what happens in their territories and are part of the decision-making process.

Across my riding, the process of a nation-to-nation relationship is in action. A couple of summers ago, I went to Tahsis for a flag-raising ceremony. The communities of Gold River, Tahsis, and Mowachaht/Muchalaht signed an MOU on how to work together. The flag-raising was to add the Mowachaht/Muchalaht flag along with the Canadian, provincial, and town flags. The knowledge that they are all in this together has become a cornerstone of their economic and social decision-making.

These are not the only communities that have signed agreements. Tla'amin and Powell River, K'ómoks and the Town of Comox, the Village of Alert Bay and 'Namgis are but a few of the examples across the riding. They know that together they can work for the betterment of all of their people. Like my granny always said, “We are in this together”.

Last summer, I had the honour to participate in a discussion with a high school, the teachers and care people, in my riding on the issues of reconciliation. Many non-indigenous teachers asked how they can help when they are so worried they will cause harm without intending to, beautifully honest questions from people who really care. What we came to was simply this. We have to be honest about what we know and what we do not know. A safe place must be created for conversation and guidance from elders is a must. This is reconciliation in action.

A couple of weeks ago, a young indigenous man aged 19 committed suicide successfully in one of our communities. The impact has been painful, to say the least. We know in too many indigenous communities across Canada, we are losing our young people. Many of these communities are calling for help. This bill would increase the attention on the realities that too many indigenous communities face. These are the ongoing impacts of colonialism and with this bill, we would see a legislative framework that would begin to take into account the realities of intergenerational trauma, severe impoverishment, epidemics of suicide, impairment of mental and physical health, and the profound loss of hope, and they should receive the attention they so richly deserve. We are all in this together and it is time to face the history of Canada, to let go of blame and shame, and finally focus on working on healing. Our children deserve it and they can no longer wait.

Paulo Freire said, “Any situation in which some [individuals] prevent others from engaging in the process of inquiry is one of violence. The means used are not important; to alienate [human beings] from their own decision-making is to change them into objects.” For too long, indigenous communities across the country have been treated like objects that do not deserve the right to engage in the process of decision-making. This bill is a step toward reconciliation, a step in moving from words to action.

I must say that there is just so much that Canada and this place can learn from indigenous communities. In my riding, I have been approached my many people, indigenous and non-indigenous, asking if we could not work together here to change the culture of this place. Would it not be better if rather than yelling at one another, we spoke to one another, listened, and made decisions that were more balanced? I hope this bill leads us in that very direction.

I believe that reconciliation is also about learning from the first peoples of this land. There is much to learn.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, the United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, was adopted by the UN General Assembly more than a decade ago, on September 13, 2007. This declaration enshrines the rights that “constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.”

Passing and enacting Bill C-262 is a critical step for the government to take in order to fulfill its promise to implement all of the calls for action made by the Truth and Reconciliation Commission. The TRC refers to the UN declaration as “the framework for reconciliation”, and the declaration is included in 16 calls for action. Bill C-262 provides a legislative framework for implementing the UN declaration, and would affirm its central significance in the process of national reconciliation efforts. Its implementation would highlight the necessity of harmonizing federal laws so that they are consistent with the UN declaration. It would affirm that the declaration has legal application in Canada.

Bill C-262 calls for a national action plan to be created in collaboration with the federal government and indigenous representatives to set a pathway for matters of implementation. I would argue that, most importantly, it calls for a yearly report on how progress is being made.

At its heart, Bill C-262 would provide the foundation to move the UN declaration from an aspirational document to an actionable one with accountability measures. The importance of that simply cannot be understated. For far too long, successive governments have made aspirational statement after aspirational statement. However, as we know, there has been a long succession of promises made and promises broken by successive governments. We have all heard that the current government will be different, that it will treat indigenous people fairly, that it will stop the discrimination, that it will address the intergenerational impacts of trauma, and that it will restore the important nation-to-nation relationship. Tragically, too many times, these statements have rung hollow and have not been met with action.

As we know, there are numerous examples of systemic discrimination and inaction to address ongoing historical wrongdoings perpetrated against indigenous peoples. To be clear, as of October 31, 2017, there were still 100 long-term drinking water advisories for first nations communities. Just imagine that it is not safe for them to drink their water. There are an additional 47 communities with short-term advisories. A disproportionate number of indigenous people are homeless. We just heard from my colleague, who talked about teen suicide. This was a crisis in this House when we discussed this issue, yet the crisis continues.

Instead of providing funding for these incredibly important initiatives, the government instead did things like spend $110,000 in court fees fighting against a young first nation girl to block the payment of a $6,000 orthodontic treatment. It is these actions and inactions that highlight the systemic discrimination that is ongoing against indigenous peoples in Canada, and highlights the importance of passing Bill C-262 and taking further action to follow through on the TRC calls for action.

At the Standing Committee on Canadian Heritage, the hon. Senator Murray Sinclair, formerly Justice Murray Sinclair, the chair of the TRC, stated his support for Bill C-262. He also provided valuable insight into the systemic racism that indigenous peoples and others in Canada face when he stated:

...systemic racism is the racism that's left over after you get rid of the racists. Once you get rid of the racists within the justice system, for example, you will still have...rules, procedures, guidelines, precedents, and laws that are inherently discriminatory and racist because those laws, policies, procedures, processes, and beliefs—including beliefs that direct individuals on how and when to exercise their discretion—come from a history of the common law, which comes from a different culture, a different way of thinking.

Passing Bill C-262, alongside the UN declaration and the TRC's calls for action, will finally lead to real action being taken to address that leftover racism.

Another supporter of Bill C-262 who appeared at the committee was Dr. Cindy Blackstock. Dr. Blackstock is a fierce and unstoppable champion for the rights of first nations children in Canada. She spoke to the chronic and discriminatory underfunding of first nations child welfare in Canada. She noted that, not 10 years ago, not during the sixties scoop, not during the height of the residential school system, but today, there are more first nations children in care than at any other time in our history.

She further spoke to the chronic and simply unacceptable underfunding of first nations education. She made it quite clear when she said:

For those who say it's too expensive or too complicated, I ask you this: if we are so broke as a nation that the only way we can fund things like arenas or subway systems is through racial discrimination against children, then what are the children losing to? What does this country really stand for?

For those who ask what the adoption of Bill C-262 will look like, Bill C-262 lays the groundwork to fundamentally examine and act on our aspirations to end this systemic discrimination. It is not an end point, but it lays a path to reach one.

Let us get to work and stop asking why we have to do this.

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

Mr. Speaker, meegwetch.

[Member spoke in Cree]

[Translation]

I wanted to start by expressing my gratitude. I would like to thank all of the members who have spoken about this very important bill, even those who expressed concerns about it. I appreciate their comments. I am looking forward to taking a very close look at this bill in committee because I think some of the questions and concerns people raised are worth discussing.

I know I only have five minutes, but there are a couple of things that are important to talk about in reply.

It was said that the UN declaration is an aspirational document. I have heard that before and I heard it again today. I want to respond to that. I also heard that the UN declaration is going to create some uncertainty in this country. I want to respond to that as well. Let me remind members that Bill C-262 is the first piece of legislation in the country that explicitly rejects colonialism. If we are going to move on to reconciliation, then we have to reject colonialism. It cannot continue within that framework in this country.

This is what former UN Secretary-General Ban Ki-moon said about the declaration:

The Declaration is a visionary step towards addressing the human rights of indigenous peoples...and provides a momentous opportunity for States and indigenous peoples to strengthen their relationships, promote reconciliation and ensure that the past is not repeated.

The other thing I heard in this place today is that Bill C-262 might be incompatible with our Constitution as it stands today. Back in 2008, in response to that very same claim, over 100 experts, law professors, international human rights experts, and scholars said:

The Declaration provides a principled framework that promises a vision of justice and reconciliation. In our considered opinion, it is consistent with the Canadian Constitution and Charter and is profoundly important for fulfilling their promise.

It is important to remind people of that very fact. It is important to remind people that it is not appropriate to try to read provisions of the declaration in isolation. When we talk about prior and informed consent, we have to read those provisions alongside the other provisions. There are 46 provisions in the UN Declaration on the Rights of Indigenous Peoples, and we have to combine them.

Paragraph 3 of article 46 of the UN declaration states:

The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

I think one of the reasons that article was drafted in that way is that we need to balance the rights that are enshrined for indigenous peoples contained in the UN declaration with the rights of others. That is important to remember when considering the UN declaration.

I thank all the members who stood up to speak to the bill. I look forward to the work in committee on the bill.

[The Deputy Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Deputy Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Conservative, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, February 7, 2018, immediately before the time provided for private members' business.