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.

[Paul-Matthieu Grondin, President of the Quebec Bar, Barreau du Québec]

Madam Chair, I'll be doing this in French, if anyone needs the earpiece.

Members of the committee, I am joined today by Francis Walsh, a member of our committee on the law and indigenous peoples, as well as Julien Pelletier-David, our special adviser on access to justice.

We are very grateful for the opportunity to share our views on Bill C-262 with the committee.

The Barreau du Québec supports this important bill, which seeks to harmonize Canada's laws with the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly on September 13, 2007 and signed by Canada on November 12, 2010.

This international instrument is the result of a lengthy process that began in the 1970s. It provides guidelines to states, the UN, and other international organizations on how to build harmonious relations with indigenous peoples based on the principles of equality, partnership, good faith, and mutual respect.

However, it merely represents a political commitment on the part of the states who voted in its favour.

Given that the declaration, itself, is not legally binding, provisions outside the realm of customary international law must be incorporated into domestic law in order to take full effect. This requires legislative measures. What's more, given that we have two levels of government, each must implement the declaration in accordance with its constitutional authority. Co-operation is therefore essential to the declaration's successful implementation. Keep in mind that full implementation hinges not only on good faith and legislative measures, but also, and above all, on funding.

The Barreau du Québec has repeatedly expressed its support for the adoption of the UN Declaration on the Rights of Indigenous Peoples, and we are here today to reiterate that support. Bill C-262 is hugely important to the advancement of the rights of indigenous peoples in Canada and should provide the normative framework for the policies that the Canadian government needs to adopt swiftly in its efforts towards reconciliation.

We believe that respect for the fundamental rights of indigenous peoples is a priority. Crime, victimization, and incarceration rates among indigenous peoples are appalling; in Quebec, the communities in Nunavik are especially affected. When the number of criminal records in a community nears or exceeds the size of its population, the question we need to be asking is where and how has the justice system failed to bring that number down. The question is not how many additional resources the system needs to handle the cases.

The Barreau du Québec is of the view that the way in which the justice system treats indigenous peoples is untenable. Back in 2013, the Barreau was criticizing the glaring lack of resources in northern Quebec. Working in the region, the Barreau came to the unequivocal realization that the gap between the justice apparatus and the indigenous communities it was supposed to serve was ever-growing. We are fully aware that the problem is not limited to Quebec, with all provinces plagued by the same issues. Too little has changed thus far.

All too often, the justice system is used to deliver a front-line response, taking the place of basic services. The significant lack of social, medical, and prevention-based resources creates a void that is filled by the justice system. Courts are frequently called upon to address the socio-economic failings. What's more, all of these services must make up for decades of trauma inflicted on communities.

The Barreau du Québec recently appeared before Quebec's public inquiry commission on relations between indigenous peoples and certain public services, in Val-d'Or, and made 36 recommendations to improve the situation. One of those recommendations was that Quebec adopt the UN Declaration on the Rights of Indigenous Peoples, as Canada is currently doing. We also proposed ways that the justice system could meet the needs of indigenous people.

Daunting though the challenge may be, it is nevertheless clear that every effort must be made to give Canada's indigenous communities maximal autonomy over their system of justice. Part of that is creating indigenous law institutes, as the Royal Commission on Aboriginal Peoples recommended in its report more than 20 years ago.

This endeavour requires far more than just cosmetic changes. A comprehensive reform is needed, and we are well aware that such a reform hinges on the clear political will of all stakeholders, not to mention adequate financial and human resources.

The Canadian government signed the UN Declaration on the Rights of Indigenous Peoples, committing to its full implementation in Canadian law. To that end, it is time for the government to turn its attention to the urgently needed changes that the country's indigenous people are owed. The declaration requires states to recognize the right of indigenous peoples to maintain their traditions, their legal customs and, where they exist, their systems of justice. Every level of government must exercise their constitutional authority and take appropriate action.

Openness, vision, creativity, and humanity must guide the eventual process of establishing legal systems that are truly tailored to the needs of indigenous peoples.

Simply passing Bill C-262 is not enough. In order to implement the UN Declaration on the Rights of Indigenous Peoples, the government needs to undertake a comprehensive review of Canadian laws and amend them accordingly. The Barreau du Québec applauds the creation of the working group of ministers on the review of laws and policies related to indigenous peoples and hopes that this long-awaited endeavour will bring real change. Still, there is no doubt that this bill is highly symbolic and meaningful, illustrating the government's commitment to implementing the declaration. Not only is it the first step towards implementation of the declaration, but it is also a step towards reconciliation.

In short, we urge the government to put the necessary measures in place to ensure harmony between Canada's laws and the UN Declaration on the Rights of Indigenous Peoples. This endeavour could ultimately lead to a more effective and equitable justice system for all Canadians. Bill C-262 is but the first step in the long road ahead.

I want to conclude by saying that the Barreau du Québec realizes just how much work lies ahead and extends its full co-operation in this essential effort towards reconciliation.

It is now my pleasure to turn the floor over to Mr. Walsh.

[Francyne Joe, President, Native Women's Association of Canada]

Weyt-k, bonjour, and good afternoon, Madam Chair and members of the committee.

I would like to begin by acknowledging the Algonquin and the Anishinaabeg peoples and thank them for allowing us on their unceded traditional territory, with special acknowledgement to the indigenous women and their families for whom NWAC exists.

Thank you for the invitation to share the Native Women's Association of Canada's perspectives on Bill C-262, which proposes an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. NWAC is in full support of this bill and all the implications that come with it.

The United Nations Declaration on the Rights of Indigenous Peoples does not create new laws or rights. It enhances the existing rights of indigenous peoples and holds the Government of Canada accountable for ensuring respect to first nations, Inuit, and Métis communities. It also emphasizes that indigenous peoples have the right to self-determination. What this bill sets out to do is implement the inherent human rights that indigenous peoples have and to enforce those rights within the Canadian legal system. Indigenous people should not only be consultants of the government but also participating members of all decision-making. This is not about saying yes or no; it's about creating equal and inclusionary negotiations.

At the end of my remarks, I will be making recommendations specific to the needs and issues of indigenous women, but overall, Bill C-262 is a good first step towards a better and stronger partnership between the federal government and indigenous authorities.

Indigenous women exist at the intersection of multiple forms of discrimination tied to gender, race, and colonialism. As a result, indigenous women face many barriers and obstacles to accessing their basic human rights. A fundamental human right is the right to education. We are seeing indigenous women and girls with lower levels of education than the rest of the Canadian population as well as with less access to adequate education. Often this can be attributed to poverty and discrimination based on geographic location.

There is a growing number of the indigenous population who identify as having a disability or functional limitation, especially first nations women living on reserves. As a triply marginalized group, indigenous women with disabilities face systemic and structural barriers that are not typically faced by non-indigenous and able-bodied Canadians.

There's a lack of culturally appropriate services available to indigenous women, whether they are health services or social services. Health care is a human right, and being culturally sensitive and trauma informed is crucial to delivering those services in a way that doesn't re-traumatize or cause further harm to our communities.

Social, political, and economic marginalization of indigenous women limits access to necessary and appropriate supports and services that reduce the impacts of poverty. Housing is a necessity, and indigenous women are more susceptible to homelessness, poverty, and violence. The most successful method of combatting poverty is empowering women through increased employment, access to education, access to health care, protection of cultural practices, and fostering socio-economic autonomy.

As activists and grassroots women have highlighted for decades, indigenous women and girls and gender-diverse people continue to experience discrimination on multiple grounds and in various forms. In terms of violence, indigenous women and girls 15 years and older are three to five times more likely to experience violence. Indigenous women have reported fearing for their lives over the last few decades at a much higher percentage than non-indigenous women and are also more likely to be murdered by strangers than non-indigenous women.

Canada's national inquiry into missing and murdered indigenous women and girls is currently hearing first-hand accounts that provide a heartbreaking foundation to these statistics through the stories told by the families and loved ones of our murdered and missing sisters. I mention this to highlight that everyone in Canada has a charter-guaranteed right to life, liberty, and security of person, and we must do everything we can to ensure that this becomes a reality in the lives of indigenous women rather than remaining a mere paragraph in a government document.

In Canada, indigenous peoples continue to be overrepresented in the correctional system. According to Correctional Services Canada, indigenous women, who represent only 4% of the female population in Canada, make up to 41% of women in sentenced custody. This is a clear link to systemic discrimination based on racial, cultural, and colonial prejudices that need to be identified and scrubbed from our legal and judicial system. Everyone has the right to a fair trial and equal treatment under the law.

The correctional system isn't the only one that sees staggeringly high percentages of indigenous peoples. Child and family services is the other. Over 50% of children within the child welfare system are indigenous. Currently there are more indigenous children in care than at the height of residential schools.

As per article 2 of UNDRIP, indigenous women will be recognized as equal to all men and women. Article 22 builds on this, cementing that the government must ensure that all indigenous women and girls can access their human rights and fundamental freedoms in all political, social, economic, and cultural contexts.

Article 18 ensures that indigenous women have the freedom and right to participate in all decision-making matters that would affect their rights. As you can imagine, this is a particularly important article for NWAC because it reflects what we have been fighting for since our inception in 1974.

Articles 6 and 9 refer to the right to a nationality and the right to belong to an indigenous community or nation in accordance with their traditions and customs. As countless studies have found, and as indigenous peoples have been saying for as long as colonialism has existed, self-determination is a key part of empowering indigenous communities.

Finally, to ensure that Bill C-262 leads to the full and effective harmonization of Canadian law with UNDRIP, we recommend the following: one, development of a mechanism that will ensure accountability and consistency; two, a commitment to ensure that language is inclusive and will reflect the rights, respect, and co-operation of indigenous women and LGBTQ2S; three, the recognition of the intersection of multiple forms of discrimination tied to gender, race, and colonialism; four, going beyond UNDRIP by including the specific needs and issues of the diverse indigenous communities in Canada—this includes a specific distinctions-based approach that recognizes the diversity amongst and between first nations, Inuit, and Métis communities.

Thank you for your time. Kukwstsétsemc. Meegwetch.

[Michael Fox, President of Indigenous Community Engagement Inc., Co-Chair, Aboriginal Affairs Committee, Prospectors and Developers Association of Canada]

Meegwetch. Wachay.

Good afternoon, Chair and committee members.

I'd like to acknowledge that we are on the territory of the Algonquin Nation.

My name is Michael Fox. I'm from the Mushkegowuk Territory, from a community called Weenusk First Nation on Hudson Bay coast. I'm also an elected board member of the Prospectors and Developers Association of Canada, PDAC.

I'm joined by my colleague Lesley Williams, the director of policy and programs of the PDAC.

The PDAC is a national voice of Canada's mineral exploration and development industry, representing over 7,500 members. We work to sustain a vibrant and responsible mineral industry and ensure that Canada is the top destination for mineral investment so we can continue to make new discoveries that will become tomorrow's mines and generate significant economic opportunities for Canadians.

Thank you for the opportunity for me to be here today to provide input on behalf of the mineral industry in relation to aspects of Bill C-262. Our comments will focus mainly on the evolution of the partnerships between the mineral industry and indigenous people in Canada. I particularly want to share the ways in which the on-the-ground activities of our sector demonstrate our leadership in indigenous engagement, which in our view are consistent with the spirit and principles of UNDRIP.

The mineral industry strongly supports the government's commitment to a renewed relationship with indigenous peoples. However, discussion of the process around UNDRIP proposed by Bill C-262 cannot be separated from the broader questions, such as what mechanisms would be used to achieve UNDRIP implementation in Canada and what it would look like in practice. While we do not have amendments to propose to the bill, we hope that sharing the story of our industry will provide a practical example of the indigenous community partnerships that exist in practice and in parallel to frameworks such as UNDRIP.

The value of Canada's mineral industry cannot be overstated. The mineral exploration and mining industry makes vast contributions to our country from remote indigenous communities to rural areas to large cities. It generates significant economic and social benefits for Canadians.

The relationship between indigenous communities and businesses in the mineral industry in Canada is a shared success story to be proud of. Our industry has made many advancements in all areas, in health and safety, the environment, and community participation, but we are especially proud of our leadership working with indigenous partners on engagement and participation. For all parties involved this has not necessarily been an easy journey. It remains a work in progress.

In recent decades the relationship has gone through a significant transformation, particularly as the landscape has evolved. Some might argue that the legal framework in Canada was the sole catalyst for creating an environment for companies to engage with indigenous communities. However regulations do not create relationships. I'll say that again. Regulations do not create relationships.

Companies are, of course, responsible for abiding by what is legally required, but it is increasingly understood and accepted industry practice that regulatory requirements are the minimum standards for operation. While they are necessary, they do not exactly translate into the development of meaningful partnerships. Mineral industry leaders realize that building partnerships with communities is critical to the success of their project, not because it's the right thing to do or because the law requires something, but because good partners lead to successful projects that benefit everyone.

The evolution we have seen in the mineral industry is unparalleled. More so than any other Canadian industrial sector the mineral sector has a proven track record of effectively working toward maintaining a positive and respectful relationship with indigenous communities. More importantly the result has been positive mutual benefits.

Proportionally the mineral industry is the largest private sector employer of indigenous people in Canada. We have seen over the last couple of decades markedly increased community participation in projects on a number of different levels, from project design, environmental assessment, employment, etc. We have witnessed increased industry awareness about indigenous people in Canada, specifically the history and unique cultures of local communities.

Mineral exploration and mining companies are also embracing indigenous traditional knowledge and are incorporating it while they seek input on their projects. In addition to the benefits of direct involvement in the exploration and mining companies, there has also been a proliferation of indigenous businesses that provide an expanding number of services to the sector, such as drilling, heavy equipment, camp catering, to name a few. Economic opportunities generated by mineral development have contributed improvements to the socioeconomic conditions of a number of communities, including investments in training initiatives and community development.

A key mechanism through which relationships and economic opportunities have been formalized in Canada is through community-company agreements. These voluntary agreements are increasingly recognized internationally as a leading practice. A significant number of agreements have been signed between companies and indigenous communities, with over 500 agreements signed since 1974, the majority within the last decade.

These agreements include various commitments, such as training and skills development, employment targets, contracting, joint venture provisions, community investments and development, environmental monitoring, and financial considerations. These agreements are a testament to the strength of commitment by the industry in developing mutually beneficial partnerships and to the interests of many indigenous communities and the economic development opportunities generated by the minerals sector.

Overall, a long-lasting, trusting partnership has been developed between the minerals industry and indigenous communities all across Canada, from early exploration to mine developments enclosure. These are positive, mutually beneficial relationships. You need to look no further than the Éléonore project in Quebec, Ekati in the Northwest Territories, or New Afton in British Columbia.

Despite the significant positive outcomes of company-community partnerships, the narrative that is, unfortunately, most prevalent is that there is widespread discord, which generates the perception that the nature of company-community interactions is adversarial. As I have demonstrated, this is not typically the case.

Relationships are complex, comprehensive, and constantly evolving. Naturally, challenges will arise, but these are not insurmountable. That said, there are larger public policy issues that have an impact on industry-community relations.

Numerous unresolved issues exist across Canada related to jurisdiction and land claims. While matters of jurisdiction are strictly negotiated between the crown and indigenous people, these challenges can generate a sense of uncertainty. Often industry can be caught in the middle of jurisdictional issues that are not within its control.

Ongoing socio-economic conditions for many indigenous communities remain dire and we can all agree require immediate action. Foundational investments that contribute to the improved quality of life for communities are needed. Challenges related to health, education, housing, etc., can impact the ability of indigenous people to participate in mineral projects and to fully realize opportunities generated by the industry. Furthermore, ambiguity and complexity related to the crown's duty-to-consult processes has resulted in delayed projects, increased costs, investor uncertainty, and negative impacts on company-community relationships.

PDAC's cross-country research identified some key, overarching challenges with the way in which federal, provincial, and territorial governments implemented the duty to consult. Some of these include the trigger for consultation in its scope; the process for identifying impacted communities; roles and responsibilities, including delegation to proponents; the crown's role in consultation costs; the timeline for the process; and defining accommodation.

Government has committed to renewed relationship with indigenous people. This has encompassed a commitment to implement the calls to action of the Truth and Reconciliation Commission, a review of laws and policies, and the creation of a recognition and implementation of the rights framework. These actions are a positive step towards addressing some of the policy challenges I have raised.

These are not small tasks. There is a lot of work to be done. We applaud these efforts by the government in taking interest in how crown and indigenous relations will evolve. Meanwhile, the minerals industry will continue to be a leader. It will put into practice principles of engagement, and will reflect respect for indigenous rights, relationship building, and partnership development on the ground at exploration mining sites across Canada.

A strong, global, comparative Canadian exploration mining sector will be well positioned to deliver local, regional, and national benefits. As I have outlined here, it is the cornerstone of this strong, trusting relationship between companies and indigenous communities that results in mutual benefits.

Thank you. Meegwetch.

[The Chair, Liberal, MaryAnn Mihychuk]

I will start the meeting.

I want to recognize officially that we're on the unceded territory of the Algonquin people, an important fact and one that we try to remember and reflect on daily, as we're beginning a process of understanding the truth of our history of colonialism—apartheid here in Canada—and how we resolve the history through reconciliation.

We have a full agenda with two panels. We are talking about UNDRIP, the United Nations declaration and, of course, the provisions within it. It is a time for change in Canada, and I think that we're all privileged to be part of that positive change.

We are here pursuant to order of reference of Wednesday, February 7, 2018, studying Bill C-262, an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples.

As presenters, you'll have up to 10 minutes, and after all the presentations are done we'll go into a series of questions from the MPs.

It looks as though my friends from the Prospectors and Developers Association of Canada are first on the agenda.

Welcome, and we look forward to your presentation.

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

Thank you very much.

Mr. Amos and I both sit on the indigenous committee as well, and right now we're studying Bill C-262 around UNDRIP—the implementation of UNDRIP and the framework around it. Of course, FPIC is a constant point of discussion around that. There seem to be three definitions of free, prior, and informed consent: good faith, without necessarily obtaining it; a type of process, a consensus-oriented process that is sometimes referred to as collaborative consent; or a veto.

I know Mr. Gustafson mentioned earlier that they had made a submission around Bill C-68, for example, and within Bill C-68 they actually have quite an extensive overview of recognizing indigenous rights without actually spelling out UNDRIP itself.

What is your view of FPIC, and what is your view of C-68 in how they've defined indigenous rights and consultation?

[Chief Sharon Stinson Henry]

Bill C-262 does provide the legislative framework to implement the declaration, and it sets out the principles. UNDRIP is such a great document, and the bill supports it. Our board supports both, of course.

I don't know if that answers your question, but the framework is there and the work has to be done. In my view, if you try to mix two bills—Bill C-69, and I think there's a Bill C-332 out there, speaking to the finance side of things and amending the corporations act—and start to mix these things up, we'll just be spinning our wheels and won't get Bill C-262 through.

[Chief Sharon Stinson Henry]

Thank you, Mr. Saganash.

As I understand it, the bill is not creating new laws but perhaps strengthening existing laws. With regard to the working group of ministers the Prime Minister has formed, headed up by the Minister of Justice, the work they will do will examine all of the federal implications, laws, policies and operational practices, and that will help the crown establish a proper framework moving forward.

It's important, in our view, that Bill C-262 get the support, be passed, and allow that working group to do its work. It's about time. We've had enough indigenous people going to courts all the time, and all we do is spend money. The lawyers, with all due respect to lawyers—I know you're one yourself, Mr. Saganash—just continue to get rich, and the first nations, Inuit, and Métis people just wait. I think the group has to do their work.

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

Now, all of you expressed the idea that Bill C-262 is the first step in the right direction. I'd like to hear from all three of you on what you think the next steps are after Bill C-262 is adopted. You talked about sharing a meal, and I like that idea, but beyond that, what are some of the things you would like to see after this bill is adopted?

Maybe I'll start with you, Jessica.

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

Thank you, Madam Chair, and to our guests this afternoon.

I'm sorry, Kevin, that we shocked you. It wasn't intended, really.

Thank you for those presentations. I think all three testimonies were incredibly well expressed. I think it will help this committee in understanding what they're trying to do through this study and through Bill C-262.

First of all, I want to start by asking you a question, Sheryl.

In the Edwards case at the Supreme Court of Canada, in I believe 1984, I think it was one of the first occasions when the Supreme Court talked about the Constitution as “a living tree”. One of the reasons they said that back then was that for the framers of the Constitution, in particular with respect to section 35, not everything could have been predicted at that time. Not everything could have been imagined by the framers of the Constitution at that time. We have seen over the years with the rulings from the Supreme Court that our Constitution has grown, developed, and evolved, in particular with respect to the recognition and respect of indigenous peoples' rights.

Do you think the living tree doctrine applies also to the UN Declaration on the Rights of Indigenous Peoples?

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

Do you think it's necessary to have that defined in the black letter of the law within Bill C-262 before you even move forward with it?

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

Thank you, Chair.

Thank you so much for being here today to provide this witness testimony.

Through this whole process I'm trying to wrap my head around how we can.... Some individuals are saying that we have these three different ways we can deal with FPIC. Until we define that, we can't go ahead with Bill C-262 in a sense, or we can't go ahead with UNDRIP, because it's going to blow up the legal framework that we've developed in filling the box around section 35. It will have a direct impact on that. We have to have the black letter of the law first before we can have the nation-to-nation relationship. My whole view is why do they have to be mutually exclusive? Why can't they happen concurrently?

Of the three definitions that we've had around FPIC—acting in good faith without really obtaining it; or the type of process required through a consensus-oriented product, which the previous speaker called “collaborative consent”; or as a veto—how would you interpret this?

[Jessica Bolduc, Executive Director, 4Rs Youth Movement]

[Witness speaks in Ojibwe]

My name is Jessica Bolduc, and I am Anishinabe, from the Bear Clan of the Batchewana First Nation. I'm grateful to be here as a guest on unceded Algonquin territory, and I want to begin by giving thanks to the Algonquin people for their continued presence and stewardship of this land.

Madam Chair, members of the committee, meegwetch for inviting me to be here today to share on behalf of the 4Rs Youth Movement. I send my gratitude to Mr. Saganash for his leadership, alongside many others, in putting this bill forward. I had the pleasure of meeting Maïtée, who is doing work around indigenous youth voices. She has a beautiful fierceness that I'm sure she gets from you.

The 4Rs Youth Movement has evolved over the past four years as a youth-led collaborative seeking to change the country now known as Canada by changing the relationships between indigenous and non-indigenous youth. 4Rs started with honest conversation about Canadian identity. It shaped our vision and our mission, and was followed by a reflection of the values that were necessary to do this change-making work with integrity, via respect, reciprocity, reconciliation, and relevance—the 4Rs. We believe that a relationship-based approach to social change will enable youth to formulate strategies for reconciliation that rebuilds Canada for both present and future generations. Thinking about reconciliation broadly, this means confronting an incredibly difficult history, one that continues to be lived daily and impacts our individual and collective experiences as indigenous peoples.

For 4Rs, adopting UNDRIP is about putting in motion the Canadian framework for reconciliation that must centre the needs, voices, and perspectives of indigenous peoples, communities, and nations in the process of talking about and working toward reconciliation.

As young people in this moment of our history, I understand that we'll be the generation leading the implementation of the TRC calls to action. I, and the young people I work with, are taking this responsibility seriously. Reconciliation to 4Rs is first about developing deep, authentic relationships across individuals, cultures, and geographies as a foundation from which systems change and new paradigms and actions will emerge.

Truthfully, though, these past few months have eroded my belief in Canada's reconciliation process. I'm not alone in this sentiment. Indigenous young people are speaking out about the reconciliation rhetoric that lulls us into a false sense of progress, but does little to enact real change. How is reconciliation possible when indigenous youth like Colten Boushie are treated without human dignity and decisions are made that tell our people that justice in Canada is not for us?

Last week, Jade Tootoosis, Colten's cousin, spoke powerfully at the international table calling for the United Nations to undertake a study of systemic racism against indigenous people in Canada's judicial and legal systems. She said:

The Canadian justice system has failed Colten, our community, and indigenous people in ways that impede our human rights. We deserve better. My brother Colten deserves better.

We do deserve better.

4Rs is led by indigenous young people, young people who are not unlike Colten, from our staff to our governance. We are supported by a network of settler youth and adult allies, because change requires working across cultures and across generations. When it comes to reconciliation, investments are needed in indigenous youth and communities so we can enter reconciliation processes in wholeness and on our own terms. This involves investing in indigenous youth to find strength and pride and identity. It requires centring and restoring indigenous languages and knowledge before, and at the same time as, we seed reconciliation. It requires that we look to break the cycle of systemic racism that Canada's social, political, and legal systems uphold. When lands and waters are under threat from development and pollution, we don't have a healthy environment for our shared work. Any consideration of reconciliation must also take into account the well-being of the earth.

Where Bill C-262 has the potential to impact 4Rs' work the most is in the interconnected pieces of UNDRIP that relate to the reclamation of indigenous identity through language, culture, and connection to land—articles 13, 24, and 31—helping to transform intergenerational trauma into intergenerational resilience and healing.

On January 21 and January 22, 2018, 70 first nations, Métis, and Inuit youth between the ages of 13 and 26 from every province and territory across the country gathered in Ottawa for the Hope Forum, a national gathering of indigenous youth leaders on healing and life promotion hosted by the organization We Matter.

I attended day two of the forum, a national round table discussion organized in response to the current mental health and suicide realities of indigenous youth in communities. The live broadcast of the round table was seen by 16,000 people, and the recorded video by 58,000 people. From there, a number of calls to action were put forward calling on all sectors of government and key influencers in the community to take action. All of the calls these young people put forward fit within the guidelines of the United Nations Declaration on the Rights of Indigenous Peoples, specifically relating to article 24, implementation of which is very important for indigenous youth.

Bill C-262 will make the recommendations of these indigenous youth undeniable. Recognizing on-the-land and cultural activities is a key aspect of indigenous mental health, wellness, and suicide prevention. Bill C-262, to me, is about furthering healing. It is about equity and restoration, as well as the preservation and survival of indigeneity, which is unique to the experiences and diversity of first nations, Métis, and Inuit youth.

Interpreting Canada's constitution, consistent with the declaration as proposed through Bill C-262, is a crucial step in implementing this reconciliation framework. It restores my hope that we can return to a process of reconciliation with integrity and mutual accountability. But in order to have integrity and be accountable, Bill C-262 requires Canada to build readiness, to do your work first to understand your role and responsibilities, and to work with respect, care, and collaboration with indigenous people, and then to set in motion a national plan of action.

This means that we all have a part to play, as individuals, families, leaders, organizations, institutions, communities, and all levels of government. I once heard an Anishinabe elder, Jim Dumont, say that language is the voice of the culture and culture is the strength of the language. This resonates with me because it demonstrates that the rights contained in UNDRIP are interconnected and interrelated, and therefore must be interpreted with the same holistic understanding and not be impacted by the constitutional division of powers between levels of federal and provincial governments, which tempt us to look at implementation in isolation.

However, implementation is not going to be easy, not because of the complexity of what is ahead of us, but because of fear. It's fear of the unknown; of getting things wrong; of having to share power, privilege, and resources; of hurting more people; and fears that limit Canada's ability to imagine a future with UNDRIP fully implemented. If we lead with fear, it will no doubt become embedded in the implementation of UNDRIP, eroding what is possible; destroying what is being borne; seeing history, yet again, repeat itself when it comes to upholding indigenous rights. Canada has to believe that UNDRIP is possible and embrace the discomfort and uncertainty that goes along with being in a relationship with indigenous peoples that is fundamentally different. It's not what we do that matters, but how we do it that will create the most change.

In that spirit I will begin to wrap up with some recommendations on the “how” for those of you who will be taking the next steps on Bill C-262.

Share a meal together. Get to know each other's stories, your hopes and dreams, but do it in the company of food.

Impart a relationship-based approach to implementation, not a top-down, isolated process that is removed from purpose and community.

Make this personal, if it isn't already.

Lead from a place of respect and caring and name your fears so that they can be worked on together and not left to fester.

Don't build fear and limiting beliefs into your implementation plan, making this inherently adversarial. Instead, lead with intention, hope, and possibility.

Acknowledge what you don't know. Reconciliation is a process of learning and unlearning. Ensure that all public servants working on Bill C-262 are educated in indigenous issues and policy, have undergone cultural competency training, and better yet, have lived experience—meaning, hire indigenous people.

Nothing about us, without us. Co-create with indigenous youth. Hire them as researchers, policy developers, negotiators, or lawyers. A whole mass of visionaries is waiting to be invited to be a part of the process and hold the solutions to the challenges that await you.

Be intentional about the inclusion of two-spirited, LGBTQ+ indigenous people. Explicitly state this in Bill C-262 and ensure that resources are allocated toward ensuring that their voices are heard and acted on.

Think and work in systems.

I have two more.

Take an ecosystem approach to implementing the national action plan. Bring systems change leaders into the conversation to help break down silos. Make your process transparent, inclusive, and accessible.

If my grandma, as an individual rights holder, cannot activate UNDRIP, then Bill C-262 is not adequate.

Take careful steps, but don't waste time. Individual rights holders must feel the impacts of implementation alongside the systemic and legal changes that are required. We cannot afford to lose any more indigenous lives.

Meegwetch.

[Chief Sharon Stinson Henry, Member, National Indigenous Economic Development Board]

Thank you, Madam Chair.

Aaniin kina weya. Good afternoon, everyone. Thank you for the invitation to speak with you today.

I would like to start by acknowledging that we are on the unceded traditional territory of the Algonquin and Anishinabe people.

My name is Sharon Stinson Henry. I'm a former chief of the Chippewas of Rama First Nation in Ontario. I'm here on behalf of the National Indigenous Economic Development Board.

Our board is made up of first nations, Inuit, and Métis business and community leaders from across Canada, whose mandate is to advise the whole of the federal government on indigenous economic development issues. On behalf of the board, I'm pleased to offer information that may assist the committee in your study of Bill C-262.

The board supports the principle set out in the United Nations Declaration on the Rights of Indigenous Peoples, and believes it should be enshrined in the laws of Canada. As such, the board supports Bill C-262 and its recommendation for the full adoption of the declaration into Canadian law. The board commends Mr. Saganash's initiative for introducing this important bill.

The declaration describes 46 articles by which the international community and Canada, as a signatory, can work to achieve socio-economic equality and end the systemic racism which has limited the development of indigenous peoples for far too long. In January 2017, our board released a statement welcoming Canada's decision to fully support the declaration without qualification. In this statement, we noted that “by taking actions that are meaningful, measurable, and concrete, Canada can demonstrate its commitment to the [declaration] and improve economic outcomes for all Canadians.”

The board has also commended the TRC's recommendation that Canada adopt and implement the declaration as the framework for reconciliation, including the development of a national action plan, as well as strategies and concrete measures to achieve the declaration's goals.

To date, your government has made bold and inspirational statements describing the Government of Canada's commitment to renewing the relationship between Canada and its indigenous peoples, and to moving forward with reconciliation based on recognition of rights, respect, and partnership. In fact, Prime Minister Trudeau has stated that “No relationship is more important to Canada than the relationship with Indigenous Peoples.”

Furthermore, in their mandate letters, Minister Bennett and Minister Philpott were directed to be part of the working group of ministers on the review of laws and policies related to indigenous peoples. The working group was tasked, among other things, with ensuring that the crown is fully executing its legal, constitutional, and international human rights obligations and commitments. Minister Bennett was specifically directed to work with the Minister of Justice to implement the declaration in full partnership with indigenous peoples.

Although we acknowledge recent steps taken by the government to implement the declaration, recent and upcoming reports released by our board show that there are still significant gaps between indigenous and non-indigenous Canadians in terms of completion of high school, university completion, labour force participation, employment, average annual income, and overall quality of life. Therefore, our board strongly believes that Bill C-262 would allow Canada to take concrete action towards achieving true reconciliation with indigenous peoples.

Implementing Bill C-262 would enshrine the declaration in law today and for future generations, require the review of federal laws to ensure consistency with the standards set out in the declaration, require the federal government to work with indigenous peoples to develop a national action plan to implement the declaration, and require annual reporting to Parliament on progress made toward the implementation of the declaration. Our board believes that these requirements would promote and strengthen the spirit of partnership and mutual respect that marks Canada's stated commitment to reconciliation.

Among the declaration's articles, and of particular interest to our board, is article 3, which states that, “Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” Article 4 states, “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.”

Indigenous self-determination is foundational to the board's vision of vibrant indigenous economies, characterized by economic self-sufficiency and socio-economic equality with the rest of Canada. To achieve self-determination, however, the right conditions for success are essential. In this sense, article 21 of the declaration states:

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions....

States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions.

The board also believes that implementing the declaration would ensure the protection of reserve lands and traditional territories, and would allow for reserve sizes to go back to what they originally were. In this sense, article 8 calls upon states to “provide effective mechanisms for prevention of, and redress for any action which has the aim or effect of dispossessing them of their lands, territories or resources.”

Article 10 further underlines this protection by stating:

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

Article 26 is also relevant in this regard, as it calls upon states to give legal recognition and protection to the lands, territories, and resources which indigenous peoples have traditionally owned, occupied, or otherwise used or acquired.

In the past, our board has recommended that the Government of Canada take necessary steps to ensure that the standards set out in the declaration are met, and that it report annually on its progress toward these goals.

Specifically, we recommend that Canada ensure that indigenous peoples have equal economic opportunities in community development, education, employment, and access to capital; that indigenous communities have equal access to health care, clean water, safe and reliable housing, and healthy affordable food; and that Canada work in mutual partnership with indigenous people to develop legislative and policy alternatives to the Indian Act that would give further expression to the governance powers of indigenous peoples, and how they co-exist with the powers of the federal, provincial, and territorial governments.

Our board was, therefore, pleased to see that Bill C-262 aligns with our recommendations. We strongly believe that Bill C-262 will actively contribute to the reconciliation process in our country.

In closing, we believe that moving forward in the spirit of reconciliation, and rewriting laws and policies requires that we always work together to make sure that policies are not punitive or regressive, but that they are modern, innovative, progressive and, above all, fair.

As indicated in the declaration, “States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.”

Meegwetch. Thank you, Madam chair.

[Merrell-Ann Phare]

In my comments, I think I said that collaborative consent is a nation-to-nation approach to getting to the UN declaration. You have a couple of sets of commitments that are all around this, including this government's commitment to building nation-to-nation relationships. I think looking at them independently is one of the problems. You want to look at the specific requirements that are being set out in Bill C-262, which are about making laws and ensuring that they don't conflict. It's about an action plan of working together. My suggestion to you is that that's not as hard a job as it looks if you have the other structures, the governance reform that I talked about and consent-based governance relationships. If you have them in place, I think—

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

Mr. Isaac, I know you're suggesting we don't adopt Bill C-262 as is, right?