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 bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Romeo Saganash  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Third reading (Senate), as of June 11, 2019
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 30, 2018 Passed 3rd reading and adoption 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
Feb. 7, 2018 Passed 2nd 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

Impact Assessment ActGovernment Orders

June 6th, 2018 / 9:55 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I do not doubt at all the commitment of my fellow British Columbian across the way to indigenous rights. I have spoken to him privately about this.

What I am worried about, though, is the commitment of his government. I acknowledge that the Liberals did vote in favour of Bill C-262 last week, and I commend them for doing that.

Now we have an opportunity before us to put that vote into action with Bill C-69. The member will know that the member for Edmonton Strathcona has several report stage amendments on the bill. I will specifically reference Motions Nos. 12 and 13, which would insert language into Bill C-69 to recognize indigenous rights, and make specific reference to the Constitution of Canada and to the United Nations Declaration on the Rights of Indigenous Peoples.

Will the member be consistent with his vote last week and vote in support of these report stage amendments so we can make the bill come into compliance, as per the instructions of Bill C-262, that the laws of Canada be brought into harmony with the United Nations Declaration on the Rights of Indigenous Peoples? I would like to see the member's commitment, right here and now, to support these amendments.

Impact Assessment ActGovernment Orders

June 6th, 2018 / 9:40 p.m.
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Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Mr. Speaker, I appreciate the opportunity to speak tonight in support of Bill C-69. Before I begin, I would like to acknowledge that we are on the traditional territory of the Algonquin and Anishinaabe peoples.

This bill provides the framework for a modern assessment process that would protect the environment, attract investment, and ensure that good projects go ahead in a timely way to create new jobs and economic opportunities.

Today, I am going to focus specifically on how it supports our government's commitment to reconciliation and a renewed relationship with indigenous peoples. Meeting this commitment is challenging, but it is also necessary. I will discuss how Bill C-69 would advance reconciliation and partnership with indigenous peoples. I will also describe what the government has heard from indigenous peoples in recent months, and how their input has helped strengthen this bill.

From the very beginning, our government has been clear that no relationship is more important to Canada than its relationship with its indigenous peoples. We committed to a renewed relationship based on the recognition of rights, respect, co-operation, and partnership as the foundation for transformative change, and we have taken important steps to fulfill that commitment.

In 2016, Canada announced its full support of the United Nations Declaration on the Rights of Indigenous Peoples without qualification, with a commitment to its full and effective implementation. This February, the Prime Minister announced that we will work in partnership with indigenous peoples to develop a new recognition and implementation of rights framework to realign the relationship between the Government of Canada and indigenous peoples based on the UN declaration.

Development of the framework builds on steps we have already taken along this path. That includes launching a review of laws and policies to ensure that the crown is meeting its constitutional obligations with respect to aboriginal and treaty rights, guided by 10 principles rooted in section 35 of the Constitution Act, 1982, guided by the UN declaration, and informed by the report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission's calls to action.

We have begun to make institutional changes to support the renewed relationship. In particular, we have announced the dissolution of Indigenous and Northern Affairs Canada and the creation of two new departments: Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs. This will accelerate work already begun to renew the relationship with indigenous peoples and better enable them to build capacity that supports the implementation of their vision of self-determination.

We have announced our support for Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples act, as a strong first step in the process of implementation. More legislation will be needed in order to fully implement the declaration in Canada. Our government has also made historic investments in indigenous education, health, infrastructure, and communities, including to improve primary and secondary education on reserve, improve health facilities, build housing, and ensure access to clean and safe drinking water.

Finally, recognizing that indigenous peoples have long been stewards of the environment and have knowledge of the land that spans generations, we continue to work closely with them as we take action to protect and enhance Canada's environment and respond to the threat of climate change.

Meaningful participation of indigenous peoples informed the development of the pan-Canadian framework on clean growth and climate change, and our government is working in partnership with the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council to implement it. Given the indigenous coastal communities' deep ties to Canada's oceans, we are partnering with them to implement our $1.5-billion oceans protection plan, for example in developing training programs to increase the participation of indigenous community members and women in marine safety jobs.

Finally, the bill before us today is built on a foundation of engagement with indigenous peoples, along with industry, stakeholders, and a broad range of Canadians from coast to coast to coast.

This bill is an important step, which would advance reconciliation and produce better project decisions by recognizing indigenous rights and working in partnership from the start. It would make it mandatory to consider indigenous knowledge alongside science and other evidence, including when the assessment is led by another jurisdiction.

Under the new impact assessment act, indigenous jurisdictions would also have more opportunities to exercise powers and duties, including taking the lead on impact assessments through substitution. Through measures such as the new early planning and engagement phase, the bill would ensure that indigenous peoples have opportunities to participate from the very beginning and throughout the assessment process.

Finally, it would place consideration of impacts on indigenous peoples and their rights at the centre of the decision-making process by including this as one of the key factors that must be taken into account when making a decision following an impact assessment.

Going forward, we are committed to working with indigenous peoples to define processes aimed at securing consent and collaborating with them as we develop regulations under this legislation.

Since the introduction of Bill C-69, our government has continued to engage with indigenous peoples at every opportunity. The Standing Committee on Environment and Sustainable Development also heard testimony from a number of indigenous peoples and organizations during the study of the bill. In response to that testimony, the committee made several key amendments that enhanced the bill's potential to advance reconciliation and a renewed relationship.

Indigenous peoples have said that it is important that the bill fully reflect our government's commitment to implement the UN Declaration on the Rights of Indigenous Peoples. Through amendments, the standing committee has ensured this commitment is at the forefront of the bill and will guide its implementation.

The bill now references the UN declaration in the preamble to both the impact assessment act and the Canadian energy regulator act. The purposes clause of the IAA now specifies that the government, the minister, the agency, and federal authorities will need to exercise their powers in a manner that respects the government's commitments with respect to the rights of indigenous peoples. Similarly, the mandate of the Canadian energy regulator would include exercising its powers in performing its duties and functions in the same way.

We have heard about the importance of taking a distinctions-based approach, one of the 10 key principles guiding our review of laws and policies. This is needed to ensure that the unique rights, interests, and circumstances of first nations, Metis, and Inuit peoples are acknowledged, affirmed, and implemented. In response to this feedback, the committee has amended the bill to ensure that membership of key committees under the legislation reflect a distinctions-based approach.

Indigenous peoples have told us that considering indigenous knowledge in impact assessments is critical. At the same time, they have called for better protection of this knowledge. The standing committee's amendments would strengthen both its use and protection of indigenous knowledge.

The bill would now require that assessment reports clearly show how indigenous knowledge has been taken into account. It also provides more safeguards across all acts to ensure appropriate protection for indigenous knowledge, while also recognizing that proponents may, at times, need to have access to it. Consultation would be required before indigenous knowledge could be disclosed, and ministers would then be able to place conditions on the disclosure of this information in light of those consultations.

In line with feedback from indigenous organizations, the committee has also clarified that indigenous knowledge would be considered, that this would not be limited to “traditional” knowledge of indigenous peoples.

Finally, throughout the bill, the committee has taken steps to further emphasize the commitment to meaningful participation in assessment processes for indigenous peoples as well as the public.

I am pleased to see that many of the amendments made by the standing committee directly respond to issues raised by indigenous peoples and will further ensure the bill can support reconciliation.

As I have described, our government is committed to advancing reconciliation and a renewed relationship in all of our actions, including this bill.

I want to recognize the contributions made to Bill C-69 by indigenous peoples and organizations across Canada. It is truly a privilege to work with indigenous peoples and to hear their perspectives and priorities. Our government looks forward to working collaboratively with indigenous peoples to implement the legislation.

I would once again like to recognize the committee for listening and responding to the testimony of indigenous peoples and organizations. This is a challenging process but, ultimately, a rewarding one as we work together to protect the environment, create economic opportunities, and advance reconciliation.

On a personal note, I would like to mention that I am a member of the environment and sustainable development committee. It was a great honour to be part of the considerations and the amendments on this legislation.

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

June 6th, 2018 / 7:35 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, for the minister's recollection, I want to read a summary from 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. Notice that it does not say anything about a preamble.

The minister previously mentioned that the Liberals accepted an amendment to the preamble, which, as every member in the House knows, is non-binding. I again ask the Minister of Environment, given that the Liberals rejected every single amendment by the member for Edmonton Strathcona at committee to make sure that Bill C-69 would be in harmony with UNDRIP, will she revisit her position and at least be consistent with her vote last week and accept the member for Edmonton Strathcona's amendments to Bill C-69? I am talking about the bill before us now. Will she be consistent? Will all of the Liberals be consistent with the way they voted last week?

The first nations of Canada are watching the government.

Bill C-69—Time Allocation MotionImpact Assessment ActGovernment Orders

June 6th, 2018 / 7:15 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, here we go again with time allocation.

Now that I have the minister in the House, I have a question for her. Last week the minister and her government voted in support 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. The member for Edmonton Strathcona moved roughly 25 amendments at committee to make sure that this bill actually lives up to what the Liberals did last week, and every single amendment was voted down by the Liberals. She now has several motions at report stage that seek to bring this bill in harmony with the UNDRIP.

Will the minister be consistent with her vote last week and support these amendments to make sure that Bill C-69 lives up to the provisions of what she voted for in voting in favour of Bill C-262, yes or no?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:55 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, my fellow vice-chair of the Standing Committee on Agriculture and Agri-Food went through some of the trials and tribulations that the opposition parties had with the bill at committee. The member for Edmonton Strathcona moved many amendments. There was a situation where the amendment deadline passed before the committee could receive all the submissions. It was a really rushed process for such a very important bill. The theme of the bill is very important.

According to the way the Liberals voted last week, does the member think they will be consistent on Bill C-262 and support the report stage amendments that incorporated UNDRIP provisions into the bill?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:40 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, the member for Pontiac mentioned that the committee had agreed to make an amendment to Bill C-69 with regards to the United Nations Declaration on the Rights of Indigenous People. It amended the preamble, but that preamble is non-binding, so it was a meaningless gesture by the government.

I will bring to the attention of all members that the member for Edmonton Strathcona has brought forward report stage amendments, notably, Motions Nos. 4, 7, 9, 10, 12, and 13. Given that the member across the way voted last week in support of Bill C-262, which strives to bring the laws of Canada into harmony with UNDRIP, will he be consistent this week and support those amendments and live up to what he did last week?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 1:25 p.m.
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Liberal

William Amos Liberal Pontiac, QC

Mr. Speaker, I am pleased to speak to Bill C-69, which is very important.

Following the debate on the previous government's reform of the Canadian Environmental Assessment Act, I was very pleased to see that we are moving forward with this bill, which is the product of extensive consultation over the past two years.

I would like to recognize the hard work that the Standing Committee on Environment and Sustainable Development did on this file. The committee heard from more than 50 witnesses and received 150 briefs. Several hundred amendments were proposed, 130 of which were adopted. It is therefore clear that this was a very robust process, and I would like to commend my colleagues for the work they did in committee. I was very impressed by their willingness to consider possible improvements.

I would like to focus a bit on that aspect in particular. I note our chair and vice-chair are sitting opposite having a discussion, likely on topics related to the committee's work. This committee was charged with an important assignment, which was to ensure democracy functioned in the context of reviewing complex legislation.

If we rewind to 2012, the Canadian Environmental Assessment Act, 2012 was incorporated into the previous Conservative government's budget bill. It was an entire replacement of the previous Environmental Assessment Act. It was brought through the omnibus budget bill and there were no hearings specifically on the bill to reform the environmental assessment rules. That was criticized across the country, from indigenous communities to environmental groups. Even municipal actors were literally appalled at the anti-democratic approach taken to amend that law.

Therefore, the pendulum swings back a bit. We knew and committed in the previous campaign to reforming that legislation. Thankfully, pursuant to many months of consultation, a better starting point, which was Bill C-69, was achieved. However, when it went to committee, to the committee's great credit, all sorts of analysis was brought to bear from members opposite , from the New Democratic Party, the Green Party, and the Conservative Party. Every party that participated, with the possible exception of the Bloc, independent Bloc, and the CCF, brought forward an amendment that was voted upon and approved, which is a remarkable achievement.

It is also important to note that the government, in particular the Minister of Environment, the Minister of Transport, and the Minister of Natural Resources have commented positively on the amendments brought forward by the committee, on which we will subsequently be voting.

One hundred and fifty amendments were made. The government is responding positively to the fact that these changes are being brought in to ensure openness and transparency, improve public participation, better engage indigenous communities, and to provide greater predictability and certainty for our businesses and those who wish to bring good projects forward. The fact that agreement could be reached on 150 amendments is a tremendous statement and says a lot about the state of democracy right now. That is a really important thing.

I would like to first look at some of the amendments, particularly those related to reconciliation and navigable waters.

With regard to reconciliation, I was very proud to work with my colleagues, including opposition members, to propose amendments that would incorporate the United Nations Declaration on the Rights of Indigenous Peoples into the bill. That is very important and our government supports enshrining the declaration in law through Bill C-262, which will soon become law.

I would like to congratulate those who worked on Bill C-69, because including the declaration in future impact assessments across the country will be very good for reconciliation and for the development of nation-to-nation relationships.

I would also like to mention how the bill now provides for calling on indigenous peoples' knowledge and expertise when impact assessments are conducted. That will help to improve future project analyses. We need to improve our way of working with indigenous peoples on impact assessments.

Protection of waterways is another very important aspect, and we all know the former government scrapped several provisions protecting navigable waters. Since 2015, the government has been working very hard to improve those protections because waterways and navigation rights are protected not only by statute but also under common law.

The protections for navigable waters are of crucial importance to Canadians, and certainly to the constituents I represent in the Pontiac.

With respect to navigation, very important changes were brought by the committee to ensure water flows would be protected. That is a really crucial piece of the puzzle. Why? Because many Canadian communities, indigenous groups, and paddling groups were concerned that projects might move forward and would not receive the necessary scrutiny, that the law would not necessarily enable protection of the flows of water that would go down various waterways, whether that is the Ottawa River, the Gatineau River, the St. Lawrence Seaway, or other major waterways. That is a key point, and I am very proud our committee brought forward those amendments.

Overall, I would like to conclude by suggesting that beyond the hyperbole, beyond all of the easy, partisan criticism that has been lobbed from the other side, at the end of the day, Canadians are looking for a stronger process that builds trust when good projects come forward and ensures the independence of decision-makers in the context of evaluating projects. We need the public to not only know that a good analysis is being done, but that this analysis is being done independently, on the basis of solid, hard evidence, and on the basis of the engagement of Canada's indigenous peoples.

I am really proud of the work our government has done. Bill C-69 is a good starting point. The committee worked very hard to achieve improvements on it. I commend the government for its positive reaction to the changes brought forward by the standing committee.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 12:40 p.m.
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Liberal

Mike Bossio Liberal Hastings—Lennox and Addington, ON

Mr. Speaker, I was also on the indigenous committee that studied Bill C-262. I am a very strong supporter of UNDRIP.

I am proud to say that we are the government that for the first time has embedded UNDRIP into a bill, even before UNDRIP was put into effect in this House, by introducing it into Bill C-69 through amendments that the Liberal members of the committee had put forward. I strove to ensure that UNDRIP was included in Bill C-69 even before Bill C-262 has fully passed in this House.

I am very proud of what our government is doing in moving forward with Bill C-262 and I have tremendous respect for the member for the James Bay region and his work on that bill.

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 12:35 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, one of the gaps in Bill C-69 is that it only requires a consideration of indigenous knowledge in going ahead with these assessments.

The member for Edmonton Strathcona has moved some report stage amendments, specifically Motions Nos. 4, 7, 9, 10, 12, and 13, which seek to bring this bill in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. I checked the vote last week on May 30, and the member for Hastings—Lennox and Addington did vote in support of Bill C-262, which seeks to bring Canadian laws in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

Will the member be consistent with his vote last week and vote in support of these amendments when they come before the House?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 12:25 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I want to ask my Conservative colleague a question specifically in the context of the vote we had last week on Bill C-262. I know that the Conservatives did not vote for it, but the important fact is that the Liberals did.

My colleague, the member for Edmonton Strathcona, moved a series of amendments at report stage that seek to bring Bill C-69 in harmony with what the Liberals supported last week on Bill C-262. Does the member have a reasonable expectation that the Liberals would at least remain consistent and support those amendments from the member for Edmonton Strathcona, or are we going to see a flip-flop, where they say one thing and do something completely opposite?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 12:10 p.m.
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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, one of the criticisms of this bill is that it does not include a legal requirement for free, prior, and informed consent.

I know that my colleague, the member for Edmonton Strathcona, tried to have that inserted at committee stage, and of course we find ourselves here today, once again trying to get the government to honour the passage of Bill C-262 that the House passed last week.

Will my hon. colleague be supporting my colleague's amendment on that issue today?

Motions in AmendmentImpact Assessment ActGovernment Orders

June 5th, 2018 / 11:55 a.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, last week the parliamentary secretary, and indeed the entire Liberal government, voted to support Bill C-262, which would make sure that all the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. The member for Edmonton Strathcona has brought forward some report stage amendments to the bill, which seek to do just that.

In the context of Bill C-262 and the member's support for what that bill aims to do, will the Liberal government be consistent and, this week, vote in support of those amendments, which seek to do what the member voted for just last week?

Opposition Motion — United Nations Declaration on the Rights of Indigenous PeoplesBusiness of SupplyGovernment Orders

June 4th, 2018 / 1:55 p.m.
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Liberal

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

Madam Speaker, the Government of Canada believes indigenous people have the right to participate in decision-making in matters that affect their rights and that indigenous governments' laws and jurisdictions must be respected. That is why, as part of the Government of Canada's commitment to a renewed relationship with first nations, Inuit, and Métis nations, Canada will aim to secure free, prior, and informed consent when it proposes to take actions that impact the rights of indigenous peoples. This principle builds on, but goes beyond, the legal duty to consult.

While our government recently supported Bill C-262 as a good next step toward renewing Canada's relationship with indigenous peoples, a single legislative approach to implementing the United Nations Declaration on the Rights of Indigenous Peoples cannot achieve our twofold goal of transformed indigenous-crown relations and improved standards of living in indigenous communities.

In order to fully adopt and implement the declaration and meet the promise of section 35 of our Constitution, more must be done. To that end, on February 14, the Prime Minister announced that the Government of Canada would ensure that a rights-based approach would be the foundation of all crown-indigenous relations. We are doing this by developing a full partnership with first nations, Inuit, and Métis people, a new recognition and implementation of indigenous rights framework. While the contents are being determined through engagement, it is anticipated that the framework will include legislative and policy changes needed to operationalize the recognition and implementation of the rights of indigenous peoples.

Opposition Motion — United Nations Declaration on the Rights of Indigenous PeoplesBusiness of SupplyGovernment Orders

June 4th, 2018 / 12:30 p.m.
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Northumberland—Peterborough South Ontario

Liberal

Kim Rudd LiberalParliamentary Secretary to the Minister of Natural Resources

Madam Speaker, the sanctimony of the member for Skeena—Bulkley Valley is quite something.

Before I begin my remarks today and speak to the motion by the hon. member for Abitibi—Baie-James—Nunavik—Eeyou, I want to take a moment to congratulate him on the passage of his private member's bill in the House last week. Bill C-262 is a fitting tribute to, and a crowning achievement in, his lifetime of work promoting and defending the rights of indigenous peoples. It is a bill inspired in part by what he endured as a former student in the Indian residential school system, and by his determination to reconcile with those who had, as he says, put him away for 10 years. It is a bill that speaks to those without a voice, and it is a bill that reflects his own remarkable courage, perseverance, and selfless public service.

I know that the member opposite often says he was not alone in his pursuit of justice, but there is also no denying that his decades long journey exacted a heavy toll on him, not just in terms of his endless and exhausting hours of work, but in the personal sacrifices too, including precious time lost with loved ones. We are forever indebted to him for this, and all members on this side of the House are honoured to have supported his bill. In fact, our only regret about Bill C-262 is that it did not pass in the House unanimously. History will almost certainly question the bill's opponents harshly, but I will leave it to them to explain their position to Canadians.

Today, the hon. member opposite asked for our support again with a motion that builds on Bill C-262, a motion that among other things asks all members to reaffirm their support for the United Nations Declaration on the Rights of Indigenous Peoples, and to advance a nation-to-nation approach that respects the right of indigenous peoples to self-determination. Our government is readily willing to do both, as we have many times before. We share much in common with the hon. member, more perhaps than he may even realize, but I will get to more of that later.

Where we differ is on the Trans Mountain expansion pipeline. Our government's decision to approve the $7.4-billion project, as well as our announcement last week to secure the existing pipeline and ensure that its expansion proceeds, has never, ever been about choosing sides or putting one province ahead of another, or one indigenous community before another. Instead, it has always been about Canada's interest. That includes the rights of all Canadians and the rights of indigenous peoples. It is our responsibility and within our jurisdiction to work in close partnerships with provinces and indigenous peoples, to consult and engage as the crown, and to act in the national interest to ensure the stability and growth of the Canadians economy, and to get our resources to market sustainably and competitively.

The TMX pipeline is part of that. It is in Canada's national interest as a result of the most in-depth indigenous consultations ever done in this country on a project; as a result of a significant number of letters and submissions from the Canadian public; and also because of the thousands of good, well-paying jobs it will create, the better prices it will ensure for Canadian oil, and the increased government revenues at all levels that will follow. All the while, our government is making unprecedented investments to enhance environmental protection and support indigenous participation.

To understand all of this and how we have arrived at where we are today, it is helpful to look back at where we started. From the moment our government was sworn into office, we made it clear that there is no relationship more important to Canada than the one with indigenous peoples. We have heard the Prime Minister say that many times in the House and elsewhere. He wrote it in the mandate letters of every federal cabinet minister, and he made it a central pillar of our government's vision for this clean growth century, starting with the Speech from the Throne, which was delivered exactly two and a half years ago today.

I want to read an excerpt from the throne speech so that Canadians can appreciate how it has guided our every action over the past 30 months. It reads:

Because it is both the right thing to do and a certain path to economic growth, the Government will undertake to renew, nation-to-nation, the relationship between Canada and Indigenous peoples, one based on recognition of rights, respect, co-operation and partnership.

It is because of that perspective that we fully endorse the United Nations Declaration on the Rights of Indigenous Peoples, and why we are acting on the calls to action of the Truth and Reconciliation Commission, and why the Prime Minister appointed a working group of ministers last year to review all laws, policies, and operational practices related to indigenous peoples.

In short, our government's efforts are cut from the same cloth as the hon. member's Bill C-262, and they go even further in ensuring that the crown is meeting its constitutional obligations regarding aboriginal and treaty rights. We are adhering to international human rights standards, including the UN declaration. We are supporting the implementation of the Truth and Reconciliation Commission's calls to action and we are doing all of these things in collaboration with indigenous peoples.

The result is that this past February the Prime Minister announced a historic new approach for renewing the relationships between Canada and first nations, Inuit, and Métis people, one that underscores that true reconciliation must start with the recognition and implementation of indigenous rights. Our government is doing this by developing a new recognition and implementation of rights framework, a framework that is being co-developed through national engagement to rebuild indigenous governments and nations and to support a path toward self-determination.

One of our government's earliest expressions of this new approach was the introduction of Bill C-69, which transforms the way Canada reviews major new resource projects by co-developing with indigenous partners a direct and permanent role in impact assessment and regulatory process from beginning to end, which brings me back to the Trans Mountain expansion project.

One of the first things our government did in coming to office was to launch a new interim approach to environmental assessments and regulatory reviews in Canada, an approach based on five guiding principles that included more meaningful consultation with indigenous peoples and explicit inclusion of indigenous knowledge. Then, to enable even more voices to be heard, the Minister of Natural Resources appointed a special ministerial panel to travel up and down the length of the proposed pipeline's route, holding additional hearings beyond the National Energy Board's own regulatory review.

We heard through our engagements with indigenous peoples and non-indigenous Canadians in Alberta and British Columbia and across Canada that the project is in the national interest, that the jobs and revenue are needed, and that the risks can be mitigated. However, we also heard that we needed to manage the risks of the project very closely, which is another reason why we launched our country's single largest investment to protect Canada's oceans, marine life, and coastal communities, a $1.5 billion investment that will strengthen the eyes and ears of our coastlines, the longest in the world.

It will enhance our response capabilities in the unlikely event of a spill and ensure that coastal and indigenous communities are at the forefront of development and implementation of the plan.

It is also why we invested in and co-developed an indigenous advisory monitoring committee for the TMX pipeline, the first committee of its kind in Canada to help oversee the safety of a major energy project through its entire life cycle. Indigenous participation in this advisory and monitoring committee includes representatives that both support and oppose the project. This partnership and diversity of views is essential to advance our shared goals of safety and protection of the environment. As a result of these efforts, indigenous voices will be at the forefront, their counsel sought, their knowledge valued, and their rights protected. It is the beginning of a new way of managing resources.

As Chief Ernie Crey of the Cheam First Nation has said of the advisory and monitoring committee: “Indigenous people won't be on the outside looking in. We'll be at the table and on site, to protect our land and our water.” He is right.

The Prime Minister has said that the true measure of any relationship is not whether we all agree, but how we move forward when we do not agree. That is where our focus is.

When our government approved the TMX pipeline, we knew there would be Canadians who would disagree vocally and sometimes vehemently. That is the nature of a healthy and fully functioning democracy. Major energy projects can be controversial. They can divide political parties, as we have witnessed with the Alberta and British Columbia provincial governments who share the same political stripe. These projects can also divide indigenous communities that hold aboriginal and treaty rights protected under our Constitution. Look at those who support and those who oppose this project. There are Canadians who feel so deeply about these things that they will protest in the street and get themselves arrested, as two members of Parliament already have. This right to protest is a cherished Canadian liberty. We live under the rule of law.

I will now return to where I began in my remarks. I opened by commending the hon. member opposite for the passage of his bill, Bill C-262, and I suggested that he shares more common ground with our government than he may realize. There is a very good reason for believing that. It is because of something he said in February when he appeared before the Standing Committee on Indigenous and Northern Affairs to discuss his private member's bill. At that time, the member for Pontiac asked the hon. member opposite if he could articulate any distinction between free, prior, and informed consent, and a veto. I will quote the hon member for Abitibi—Baie-James—Nunavik—Eeyou at length because, as a lawyer, he displayed his great grasp of the law. The hon. member said:

I think the distinction is an important one and we need to understand that in this country. The right to free, prior, and informed consent, like all human rights, not just the human rights of indigenous peoples, is a relative right. You need to balance that right with the rights and interests of others, which veto does not do. Veto is an absolute thing, and I don't think our court system, constitutional or otherwise, would ever take that kind of view. That's not how our Canadian legal system works and that's not how the international law system works either.

The member's explanation is one of the best I have every heard. It is also consistent with one of the most frequently cited interpretations of what free, prior, and informed consent means, as developed by the former UN Special Rapporteur, James Anaya. Mr. Anaya said that consent “should not be regarded as according indigenous peoples a general 'veto power' over decisions that my affect them”. Instead, the overarching objective of free, prior, and informed consent is that all parties work together in good faith to make every effort toward mutually acceptable arrangements, thereby allowing indigenous people to “genuinely influence the decision-making process.”

This is the approach our government took in reaching its decision to approve the Trans Mountain expansion pipeline.

The member opposite is correct in noting that there are indigenous communities that oppose the project, including six indigenous groups that are exercising their rights in court. There are also 43 rights-bearing indigenous communities along the length of the proposed expansion route who have signed mutual benefit agreements that will create real opportunities in those communities, 32 of which have submitted letters of support. These signified partnership agreements reached between the company and communities go beyond the government's consultation and beyond the 157 conditions of the project that must be in place before operation.

In addition, the Minister of Finance has noted that since we announced our decision to purchase the existing Trans Mountain pipeline and proceed with its expansion, many investors have already expressed interest in the project, including indigenous groups.

Overriding the consent of those indigenous peoples who support the project or the majority of Canadians who are also in favour of its proceeding is not the solution here, but the contrary. It would go against the intent and spirit of the hon. member's motion.

The goal of free, prior, and informed consent is to ensure a holistic approach to interests through transparent processes aimed at building consensus.

It is the same goal at the heart of our current legislation to modernize Canada's environmental assessments and regulatory reviews. It highlights the importance of everyone in this House to support developing a recognition and implementation of indigenous rights framework that makes enshrining the United Nations Declaration on the Rights of Indigenous Peoples real and meaningful, and that will fully support indigenous peoples in their path to self-determination.

How we manage and develop our national resources speaks to who we are as Canadians and the values that define us. Decisions like these are not always easy, popular, or indeed straightforward. I know the member opposite understands that as well as anyone. He has dedicated his life to advancing reconciliation through inclusive and sustainable resource development. We share similar visions; we have the same goals.

While I cannot support the member's motion as it is worded today, I believe we are all well begun with better rules to build a better Canada, one that our children can inherit with pride and build with confidence.

Opposition Motion — United Nations Declaration on the Rights of Indigenous PeoplesBusiness of SupplyGovernment Orders

June 4th, 2018 / 12:10 p.m.
See context

NDP

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

Madam Speaker, I thank my colleague for that important question. I worked on this bill for over two years. When this new government promised to implement the United Nations Declaration on the Rights of Indigenous Peoples, a promise it made both during and after the election campaign, I hoped it would be easy to come to an agreement on the declaration and on my bill. After all, Bill C-262 simply implements that promise and the Truth and Reconciliation Commission's calls to action 43 and 44. I thought it was a no-brainer, but I was wrong. I think it is deplorable that we have had to work so hard to get to this point. Now that—