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.

Bill C-15—Time Allocation Motion

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Madam Speaker, I thank my hon. colleague for her comments.

Obviously, I disagree. As she might well recall, we debated Bill C-262 in the previous Parliament, and it received significant support in the House. The foundations of this bill had already been laid and were well known before the debate began.

We are moving forward like this because it is a priority for indigenous people across Canada and it is important to our reconciliation process.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Madam Speaker, I thank my hon. colleague for the question. It is true that she was not here in the last Parliament when we fully debated Bill C-262, which is the foundation for the current Bill C-15. The House even passed Bill C-262, but it died on the Order Paper in the Senate because of the Conservative senators' political games.

This is therefore the second time the House is studying this issue, so much of it is very familiar. Everyone is indeed aware of the content of the bill and we are proceeding in this way because it is a priority for the country.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Madam Speaker, I thank my hon. colleague for her question.

The answer is no. This is a priority for the government, for indigenous peoples, and for indigenous leaders across the country.

The fact is, we have already covered this. We have already debated the substance of Bill C-15 because we debated its previous iteration, Bill C-262, which was introduced by our former colleague, Romeo Saganash. The previous Parliament passed that bill after a debate to which the Bloc Québécois contributed its opinion.

The United Nations Declaration on the Rights of Indigenous Peoples itself has been around for 15 years, so it is not new.

United Nations Declaration on the Rights of Indigenous Peoples Act

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Madam Speaker, I listened attentively to my friend's comments. I know she has been working diligently over the last several years, not only on Bill C-262, but also on Bill C-15.

Much discussion has taken place with respect to FPIC. I would like to get a sense from my friend opposite of her views on it, and whether it constitutes a veto, or whether that is a strategy being used to deflect the real aspects of Bill C-15. I would ask her to comment with respect to her experience in engaging with other indigenous leaders and communities on the perspective of FPIC.

[Marilène Gill, Bloc, Manicouagan, QC]

Mr. Speaker, I am pleased to have the opportunity to speak again on Bill C-15, which seeks to implement the United Nations Declaration on the Rights of Indigenous Peoples.

At this point, we are cautiously confident that it will finally pass. I say “finally” because we have been waiting for this bill for a very long time. We hope it will pass quickly, although it is still not a done deal.

The United Nations Declaration on the Rights of Indigenous Peoples was adopted on September 13, 2007. It is now May 2021, almost 15 years later, and it still has not been enshrined in Canadian law. It has been 15 years. Fifteen years is a long time. Fifteen years is the length of four Parliaments. Fifteen years is also slightly less than the difference in life expectancy between Inuit people and the rest of the Canadian population. Among men, the gap was 15 years in 2017. Fifteen years is half a generation, one-sixth of a century. That is a long time within a human lifetime.

Time passes, the world changes, but not for indigenous rights. Nothing moves, nothing changes, because Canada is the land of stalling. It is time for things to change. Despite a few flaws, we believe, as does the Assembly of First Nations, that we must move forward and pass Bill C-15 as quickly as possible, even if that means amending it later.

Today I would like to first talk about the history of our party as it relates to the Declaration and then dispel some persistent myths that are often associated with this bill.

Today I would like to reiterate that the Bloc Québécois is in favour of this bill even though the amendments we wanted to make to clarify the scope of the bill were not incorporated. We have long been convinced that implementing the UNDRIP is essential for reconciliation with indigenous peoples, and we still believe that.

The Bloc was there well before the declaration was signed. When the working group on the draft declaration on the rights of indigenous peoples met in Geneva in September 2004, the Bloc was there to advocate for their right to self-determination. The Bloc was there again in 2006 during the final sprint to adoption, when we had to redouble our efforts alongside indigenous peoples and the international community. The Bloc was there in 2007, condemning Canada for voting against the declaration at the United Nations general assembly. The Bloc was there in the years that followed to put pressure on Harper's Conservative government to sign the declaration.

The Bloc was there, the Bloc is there, and the Bloc will always be there to promote the declaration. Parliament's ratification will not only recognize the inherent rights, emphasis on “inherent”, of indigenous peoples, but also clarify them for everyone because, let me remind the House, indigenous peoples' rights are not a privilege. Indigenous rights are legitimate and, as I said, inherent.

The Bloc Québécois believes that implementing the UN declaration will not only improve social and economic conditions for indigenous communities, but also guarantee greater predictability for companies operating in the primary sector, while ensuring sustainable and responsible resource development.

In that sense, if only in that sense, it will be a win for everyone, including the economy and first nations.

I stated earlier that time is standing absolutely still for indigenous rights. I am therefore appealing to my colleagues from the other parties and those in the upper chamber. It is now up to them to get the clock going again.

I have to admit that I have never understood the Conservative Party's visceral opposition to the declaration. Last August, in an interview with Perry Bellegarde, the Leader of the Opposition justified his objections to the declaration by saying that, in his view, case law already creates a duty to consult, so there is no value added in the declaration. If it changes nothing, why be afraid of adopting it?

At the same time, the Conservatives are trying to scare us. We saw this during the debates and in the last few minutes. They say that adopting the declaration will block projects because it creates new duties to consult.

They cannot, on the one hand, say that it will not change anything and, on the other, fear that it might change something. The Leader of the Opposition should clarify his thoughts. Is he against the change because it will change something, or is he against it because it will not change anything? He will have to explain this to us because his argument is self-contradictory and sounds to me more like an excuse.

Now is the time to dispel myths like this one. I cannot remain silent about the notion of free, prior and informed consent, or FPIC, which is much more controversial than it should be. It has been at the centre of these debates, and it haunts the nightmares of my colleagues in the official opposition.

Opponents to the declaration have said over and over that free, prior and informed consent is tantamount to a veto. Nothing could be further from the truth. This time, the legislator's intention is evident, as it was in Bill C-262 introduced by my predecessor Roméo Saganash, to whom we owe a lot in this fight and whom I salute with respect and friendship. The legislator in no way sees FPIC as a veto. The Minister of Justice has said so many times. The courts cannot ignore that fact.

The declaration is absolutely clear on this issue. It states, and I quote:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent....

That is a requirement to consult in good faith. There is no mention at all of a veto in the declaration. It cannot be repeated often enough, or perhaps it bears repeating until it is understood, that this argument falls in on itself.

For me, the legislator's intent also seems very clear with regard to the scope of the bill. It applies only to areas under this Parliament's jurisdiction. Even though that is something that stands to reason and that just seems to make sense, the sponsor of the bill still went to the effort of reiterating that Bill C-15 will not impose any obligations on any other levels of government. That could not be more clear. In fact, it is crystal clear. We need to keep in mind that, if the members of the Bloc Québécois support this bill, as I am sure the government members do, it is because they understand and believe that the incorporation of the declaration into our laws should be done in partnership with the provinces and with complete respect for their areas of jurisdiction.

I must insist on this point.

In an article in the most recent issue of Recherches amérindiennes au Québec, lawyer Camille Fréchette wrote, “In light of the sharing of jurisdictions within the Canadian federal government system, the implementation of the right to [free, prior and informed consent] directly concerns the provinces, which have exclusive jurisdiction over public lands and natural resource development”.

We believe that the different levels of government must work together if the act is to be properly implemented. The provinces will have to be consulted and participate in the implementation process to ensure consistency. In our humble opinion, this bill will only help with reconciliation, provided that everyone acts in good faith and strives to maintain a dialogue.

On that note, I want to make a little aside to clarify something, because we must be thorough and there is a lot of disinformation about Bill C-15. Some people have tried to claim that the Bloc Québécois was jeopardizing Quebec's sovereignty. That is an absurd idea, but I can refute that claim with the example of territory.

The Constitution Act, 1867, makes it clear that the provinces own and are the guardians of their territory. To paraphrase constitutional expert André Binette, if that were not the case, then Hydro-Québec would not exist. Quebec's inalienable sovereignty over its territory just reinforces the need for a collaborative approach to ensure that the declaration is implemented consistently and seamlessly.

In 1985, led by René Lévesque's government, the Quebec National Assembly recognized 10 and later 11 indigenous nations on Quebec territory. In 2006, the House of Commons recognized Quebec as a nation. The Bloc Québécois has said and will say again that nation-to-nation dialogue is the only way to achieve peace and harmony, among other things.

That said, at this point, I think we have debated the implementation of the declaration long enough and should move on to the next step. Let me point out that indigenous nations have been waiting almost 15 years — 163 months or 4,990 days, to be exact — for us as legislators to take decisive action. Indigenous peoples have waited long enough. I would venture to say that they have waited too long. Their eyes are fixed on us, and the clock is ticking. It is up to us to take action now, because their inherent rights are at stake.

Tshi nashkumitin. Thank you.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I would like to thank my friend and colleague across the way for his tireless work in the previous Parliament to see this almost realized.

I was really pleased to see Bill C-15 amended to include paragraph 18, to include the constitutional principle of the living tree doctrine, which confirms that aboriginal and treaty rights evolve and grow over time. As I mentioned at committee, I would have preferred that this amendment be included in the operative articles of the bill as proposed by, for example, the Assembly of First Nations and the original drafter of Bill C-262.

Would my hon. friend have preferred the same, that this amendment be included in the operative articles of Bill C-15?

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

Madam Speaker, it has been more than 13 years since the United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly. It is five years this week since the Minister of Crown-Indigenous Relations attended the United Nations to announce that Canada was a full supporter, without qualification, of the declaration. She also affirmed Canada's commitment to adopt and implement this international human rights document in accordance with the Canadian Constitution.

The introduction of Bill C-15 last December fulfilled our government's commitment to introduce legislation by the end of 2020 to implement the declaration, and it established the former private member's bill, Bill C-262, as the floor, rather than the ceiling.

I would like to take this opportunity to recognize the leadership of a former member of Parliament, my dear friend Romeo Saganash. I would like to take this opportunity to thank him for his work in Parliament and across the country with indigenous peoples and communities to advance his private member's bill, Bill C-262, to implement the declaration here in Canada. It was very disappointing that Bill C-262 died on the Order Paper, unable to make it through the Senate process before the last federal election. I therefore urge all parliamentarians today to ensure that this does not happen to Bill C-15.

The declaration is a result of decades of tireless efforts, negotiations and sustained advocacy at the United Nations by inspiring indigenous leaders from around the world, including many from Canada. From Dr. Willie Littlechild to former NDP MP Romeo Saganash to Sákéj Henderson and so many others, Canadian indigenous leaders played an instrumental role in the development of this historic international human rights document.

The Truth and Reconciliation Commission stated that the declaration charts a path for reconciliation to flourish in 21st century Canada, and the TRC call to action 43 calls on all levels of government to fully adopt and implement this declaration. The National Inquiry into Missing and Murdered Indigenous Women and Girls called on governments to immediately implement and fully comply with the declaration.

The declaration is of critical importance to indigenous peoples across Canada, and its implementation is essential to a shared journey toward reconciliation. It is long past time for the Parliament of Canada to pass legislation to implement the principles set out in the declaration. Once passed, Bill C-15 would affirm the declaration as a universal international human rights instrument with application in Canadian law. It would also provide a framework for the Government of Canada's implementation of the declaration.

This framework would establish new accountability for the Government of Canada to work with first nations, Inuit and Métis peoples to find new ways to protect, promote and uphold the human rights of indigenous peoples across Canada. This legislative framework would further demonstrate Canada's continued commitment to uphold the rights of indigenous peoples now and in the future. It would also bring further clarity to the path forward for indigenous peoples, communities, industry and all Canadians.

Once passed by Parliament, the legislation would create new requirements for the Government of Canada, in consultation and co-operation with indigenous peoples, to take all necessary measures to ensure that the laws of Canada are consistent with the declaration and prepare, and to implement an action plan to achieve the objectives of the declaration.

Moving forward, the laws of Canada would be required to reflect the standards set out in the declaration, while also respecting aboriginal and treaty rights recognized and affirmed in the Constitution. The legislation would require the Government of Canada to report annually to Parliament on progress made to align the laws of Canada with the declaration and on the development and implementation of the action plan. This approach is consistent with the declaration itself, which in article 38 calls on states to collaborate with indigenous peoples on appropriate measures, including legislative measures to achieve the goals set out in the declaration.

We acknowledge that some have expressed concern with the length of time for consultation on Bill C-15. It is important to recognize that private member's bill, Bill C-262, the foundation of this legislation, was also the subject of extensive parliamentary debate and study in the previous Parliament. Despite an accelerated engagement process for Bill C-15, even during the pandemic, the bill's additions to the foundation of Bill C-262 reflect the content requested by a wide cross-section of first nation, Inuit and Métis partners from coast to coast to coast.

In total, over 70 virtual sessions took place, which allowed us to hear the views of over 462 participants about potential enhancements to a consultation draft of legislative text, based on former private member's bill, Bill C-262. Before June and November 2020, the government held 33 bilateral sessions with the AFN, ITK and MNC, involving extensive technical discussions on the content of Bill C-15.

Natan Obed, President of the Inuit Tapiriit Kanatami, a national indigenous representative organization for Inuit in Canada, spoke at the Senate Committee on Aboriginal Peoples last Friday. I am quoting from the blues, but while there he said, “We have worked positively and constructively with the federal government on the development of Bill C-15 within a relatively short timeframe. I want to thank the Department of Justice and the Minister of Justice for ensuring the co-development happened within this particular piece of legislation and also the government's willingness to be flexible and consider amendments throughout the process.”

Last fall, through a series of virtual sessions, the government also undertook an extensive six-week session of broader engagement with a wide cross-section of indigenous partners on the development of the draft legislation. This engagement included modern treaty and self-governing first nations, Inuit regions, other rights holders, national and regional women's organizations, youth, LGBTQ representatives, as well as some non-indigenous stakeholders.

More specifically, 28 engagement sessions were held with rights holders, modern treaty partners and other national and regional organizations, including women's organizations. Four industry-specific round tables were held with the key sectors of minerals and metals, clean energy, forestry, and petroleum sectors. These also including indigenous participation.

Five sessions were held with provinces and territories, including two ministerial meetings, and some of these meetings also included indigenous experts and leaders. There was also a round table with indigenous youth from the Assembly of First Nations, Inuit Tapiriit Kanatami, Métis National Council and Canadian Roots Exchange, and with university law students.

In addition, we received over 50 written submissions that provided feedback and proposed text changes, including views and recommendations on the development of an action plan. An extensive “What We Learned” report is available on the Department of Justice website, which outlines the extensive framework feedback the government received throughout the engagement process.

The extensive engagement with indigenous partners and others led to key enhancements from former private member's bill, Bill C-262, to be included in Bill C-15. Bill C-15 has new language in the preamble, including the highlighting the positive contributions the declaration can make to reconciliation, and healing and peace, as well as harmonious and co-operative relations in Canada.

It recognizes the inherent rights of indigenous peoples. It reflects on the importance of respecting treaties and agreements. It highlights the connection between the declaration and sustainable development. Finally, it emphasizes the need to take diversity of indigenous peoples into account in implementing the legislation.

A purpose clause has been included to address the application of the declaration in Canadian law, and to affirm the legislation as a framework for new federal implementation of the declaration.

Bill C-15 has clear and more robust provisions on the process of developing and tabling the action plan and annual reports. It has a provision to allow the Governor in Council to designate a minister to carry out elements of the bill. These changes and additions enhance and build upon the elements set out in Bill C-262.

Engagement also did not stop when the bill was introduced. Since the introduction of the bill in December, extensive meetings have been held with indigenous partners and other stakeholders. These ongoing discussions, along with an extensive study at the House of Commons Standing Committee on Indigenous and Northern Affairs, have informed a number of further amendments to Bill C-15, which passed at the House committee. I want to take a moment to thank the members of the standing committee for their hard work and co-operation in getting this bill through.

The amended bill now includes the specific rejection of the racist and colonial doctrines of discovery and terra nullius in the preamble. The preamble now also clarifies that Canadian courts have stated that aboriginal and treaty rights, recognized and affirmed in section 35 of the Constitution Act, are not frozen and are capable of evolution and growth. Bill C-15 also now expressly includes the term “racism” in both the preamble and the body of the legislation.

Based on consensus advice from indigenous partners, the government also agreed to amend the timeline to co-develop the action plan from three years to two, a timeline we are confident is sufficient for a meaningful process and co-development of an effective action plan.

Our government is committed to the meaningful co-development of Bill C-15's action plan with indigenous partners and experts to ensure that the implementation of the legislation is effective and accountable. The bill itself sets out that the action plan must include measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination against indigenous peoples: elders, youth, children, women, men, persons with disabilities, and gender diverse and two-spirit persons. It must promote mutual respect and understanding, as well as good relations, including through human rights education.

The action plan must also include measures related to monitoring, oversight, recourse or remedy, or other accountability measures with respect to the implementation of the declaration. We have already begun preliminary discussions with indigenous partners on the design of the future process. Budget 2021 provides $31.5 million over two years to support the action plan's co-development.

My Conservative colleagues have framed the concept of free, prior and informed consent, FPIC, as an undefined statement and have suggested it could be interpreted as a de facto veto for individual indigenous communities or groups over resource development. I note the term “veto” is nowhere to be found in the draft of the text. They have tried to raise concerns that this would jeopardize the economy and bring uncertainty to the resource sector. In fact, FPIC focuses on the inclusion of voices, concerns and opinions of all indigenous peoples who would be affected by a proposed activity or project, ensuring these concerns are addressed and that there are mitigation plans in place.

I think Dr. Mary Ellen Turpel-Lafond addressed this best when she spoke to the House committee on behalf of the Assembly of First Nations on April 13:

...there is an element of what I would call “fearmongering” about the concept of free, prior and informed consent, that somehow that will cause economic damage and so forth. In fact, free, prior and informed consent, and operationalizing that by having industry, government and first nations work together appropriately early, in the context of recognizing the rights, provides more economic stability, certainty and security

In conclusion, just last week, National Chief Perry Bellegarde, representing the Assembly of First Nations, spoke in favour of passing Bill C-15 at the Senate committee on aboriginal peoples, where he stated:

I urge you all to seize this historic opportunity and to play a key role in upholding and advancing the human rights of Indigenous peoples.

At the same Senate committee meeting, Natan Obed, the president of ITK, said, “We see this piece of federal legislation as a positive contribution to the approach of human rights being applied equally to all Canadian citizens. ”

David Chartrand, speaking for the Métis National Council, told the Standing Committee on Indigenous and Northern Affairs on April 15:

We believe that passing this bill into law is critical to a future that respects our rights as a nation. We urge members to expedite the process to ensure that Bill C-15 is passed in this session of Parliament.

While no piece of legislation will get unanimous support from all indigenous peoples in Canada, Bill C-15 has broad support from first nations, Inuit and Métis from coast to coast to coast. Bill C-15 is about shredding our colonial past and writing the next chapter together as partners with indigenous peoples.

I therefore urge all members of the House to support this fundamental piece of legislation and to support Bill C-15.

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Thank you. I appreciate that.

I'm going to take a totally different angle here, so I will back off the legal stuff.

There has been a lot of talk with people at committee, over the time we have been hearing from witnesses, about the action plan and how the action plan.... Even the minister, I believe, talked about how the heavy lifting isn't going to be done in the action plan. There has, however, been a lot of talk about maybe doing that action plan prior to the introduction of the legislation, rather than letting the legislation invoke the action plan.

I will open this up to everybody. Was there any discussion in any of the departments about working on the action plan during the time between Bill C-262 and Bill C-15? Was any thought ever given to doing some of that heavy lifting prior to introducing the new Bill C-15?

[Laurie Sargent]

Thank you. I will do my best.

I can't resist mentioning that I clerked with Professor Newman way back when, so I know of his scholarly reputation and work. Of course, he has been flagging questions about Bill C-262 and this legislation along these lines for some time.

We have done our best, I would say, through the engagement process and the update and enhancements made to the bill to address some of the questions raised, notably by provinces and territories, in relation to the scope of application of this legislation.

Ultimately there is a very deliberate choice and use of words in various provisions in the bill. The one that was flagged with respect to application in Canadian law is intended to reflect the fact I spoke to at the beginning of this session, that the declaration can inform the interpretation of all laws in Canada—federal, provincial and constitutional—and so, to be accurate, would need to reflect that.

That said, you will see the obligation in clause 5 that relates to alignment of laws. It uses the terms “laws of Canada” and Government of Canada. That speaks to what Minister Bennett and deputy minister Quan-Watson were emphasizing: that this obligation to align laws applies to federal laws—those enacted by the Parliament of Canada.

[Laurie Sargent]

I'm not an expert in the Palermo protocol and exactly how it may be used in that context, but generally speaking, the federal government, when it moves to implement international treaties in Canadian law, can take a number of different approaches. In this case, what we see is the government really taking—when I say the government, I also reflect Bill C-262 and the approach that it took—an approach of recognizing the role of the declaration as an interpretive instrument relevant to interpreting our laws.

I think we heard other witnesses before the committee say this as well. It's not an attempt to take the declaration and make it a federal law, which is sometimes the way international instruments are integrated into Canadian law. That's not the case here.

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Thank you so much. Thank you for reminding us of the decades of work that have gone into this. This week at the UN permanent forum, for us to be able to thank Wilton Littlechild for all his work.... But there are so many other Canadians and indigenous representatives from Canada, like your family, Jaime. You've lived this your whole live. I don't think we could have a stronger advocate. Thank you for all you do.

Also, in talking about the kind of engagement, I just want to say that we want meaningful engagement, and that means that the excellent Bill C-262 that Romeo Saganash brought forward was evergreened—because the declaration is not—to include two-spirited peoples and to make sure that the definition of the diversity within indigenous communities is not only in the preamble but also in the body of the bill.

This is an exciting time and it helps that the reference to the UN declaration is now in eight of our bills in Canada, including Bill C-91 and Bill C-92. The intent and the commitments in the UN declaration are now part of Canadian law. This will serve to help people understand better what section 35 rights mean, and that indigenous rights and treaty rights are not debatable. They exist, and they will continue to flourish with the understanding of all Canadians.

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Okay, thank you.

I am speaking to you today from the traditional territory of the Mississaugas of the Credit First Nation. I wish to honour the waters they paddled and their moccasins which walked these lands.

It is my pleasure to appear at this committee to discuss Bill C-15. I am joined today by two officials from the Implementation Sector: Ross Pattee, Assistant Deputy Minister, and Marla Israel, Director General of the Policy, Planning and Coordination Branch.

I would also like to take this opportunity to recognize the leadership of former member of Parliament Romeo Saganash on developing the United Nations Declaration on the Rights of Indigenous Peoples (the “Declaration”) and on legislating a framework to implement it here in Canada and I thank him for Bill C-262, which served as the foundation for Bill C-15.

The declaration is of critical importance to indigenous peoples across Canada, including the indigenous leaders who participated directly in its development.

The declaration is the result of decades of tireless effort, negotiations and sustained advocacy within the United Nations system, including by inspiring indigenous leaders like Dr. Wilton Littlechild, who you heard from last week. As Dr. Littlechild recently told me, all together, C-15 is a reconciliation call for justice and respect through implementation of solutions-based international treaties.

I believe that implementing the declaration here in Canada is essential to advancing reconciliation with indigenous peoples. This has been made clear by both the Truth and Reconciliation Commission, after six years of hearings, and the National Inquiry into Missing and Murdered Indigenous Women and Girls, after three years of listening to families and survivors.

The TRC said that the declaration charts a path for reconciliation to flourish in 21st century Canada. The inquiry's calls for justice also call on governments to immediately implement and fully comply with the declaration.

The introduction of C-15 fulfills our government's commitment to introduce legislation to implement the declaration, establishing Bill C-262 as the floor, rather than the ceiling.

Prior to the bill's introduction, 33 bilateral sessions took place with AFN, ITK and MNC. In addition, more than 450 people participated in 28 regional engagement sessions, providing feedback and advice on potential enhancements to the consultation draft. Provincial and territorial governments, experts and industry stakeholders also informed the development of the bill.

While we acknowledge that some would have preferred a longer engagement, it was inclusive and meaningful. The current bill reflects the content requested by many indigenous partners.

Extensive meetings were also held with indigenous partners and other stakeholders after its introduction, to explain the bill's content and work on further enhancements. As Minister Lametti has noted, engagement post introduction informed some further amendments, which the government will be supporting.

Co-development of the action plan will be a further opportunity to work in close partnership on implementation.

We have already begun preliminary discussions with indigenous partners on the design of that process. Yesterday's budget 2021 proposes to provide $31.5 million over two years to support its co-development.

Recognizing and respecting indigenous rights mean that indigenous peoples are at the table for decisions that impact their rights. In many cases, it means that economic development and stronger economic outcomes will be advanced with indigenous peoples as partners.

The declaration is broader than economic development. I'm so grateful for my conversation with Mary Ellen Turpel-Lafond, who you also heard from last week, on her findings about racism in health care and her report, “In Plain Sight”. She was very clear about article 24 of the declaration, which states:

Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

This will be very important in guiding the future legislation on indigenous health.

I also remember how important it was, during the summit on child welfare, to underline Article 7 of the declaration, which details the collective and individual rights to live free from violence, including “forcibly removing children”.

The declaration allows us all to develop a clear path so everyone can work together as partners with a shared stake in Canada's future.

As I said before, implementing the declaration is nothing to be frightened of. What is needed is fundamental and foundational change. It's about shedding our colonial past and writing the next chapter together, as partners with indigenous peoples.

It has been more than 13 years since the declaration was adopted by the General Assembly. I urge all members to support this fundamental and necessary change and support this bill.

Thank you. Meegwetch. Nakurmiik. Marsi.

[Carolyn Bennett, Liberal, Minister of Crown-Indigenous Relations]

Thanks so much.

I will read Minister Lametti's opening remarks, and then I will move on to mine, Mr. Chair. That will take a bit more time, but it's really important that the committee hears what Minister Lametti had prepared to say to all of you.

Good morning. It is my pleasure to appear at this committee to discuss Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

He was joining you from the Department of Justice, which sits on the traditional territory of the Algonquin people.

Before I start to discuss the main points in the bill, I would like to acknowledge the untiring work of parliamentarians and Indigenous leaders to have the declaration implemented in Canada.

In particular, I would like to recognize the work of my former colleague Romeo Saganash, who introduced private member's Bill C-262 in a previous Parliament. That bill was examined and studied in detail.

It will take determined work and a sustained commitment by Parliament, by the government, by Indigenous peoples and by all Canadians if we are to give concrete form to the vision of self-determination, of governmental autonomy and of the harmonious relations between peoples that the declaration foresees. That is exactly the work that Bill C-15 commits us to do together.

Bill C-15 has its foundations in former Bill C-262 and was developed in consultation and collaboration with First Nations, Inuit and Métis.

The bill recognizes inherent rights and the right to recognition, observance and enforcement of treaties, agreements and other constructive arrangements. It also recognizes the role of the declaration as having application in Canadian law and as a source for interpreting Canadian law, including the Constitution. This is consistent with Canadian jurisprudence, which recognizes that, constitutionally, protected rights are not frozen in time. They are part of a living tree that grows and adapts to its surrounding context, including the development of new international norms, such as the declaration.

The legislation includes provisions emphasizing that measures to implement the declaration cannot be used to undermine aboriginal and treaty rights that are already constitutionally protected. To be clear, this provision does not seek to reinterpret or amend the rights in the declaration itself. It only confirms that this legislation cannot be used to derogate from the constitutional protection of section 35 rights, including treaty rights.

The legislation creates three specific obligations on the Government of Canada. The first requires the federal government to take all measures necessary to ensure that the laws of Canada are consistent with the declaration in consultation and co-operation with indigenous peoples.

The second obligation requires developing an action plan in consultation and co-operation with indigenous peoples. The action plan would address injustices and combat prejudice while promoting mutual respect and understanding with an underpinning in human rights.

The third obligation contained in Bill C-15 is a requirement to prepare annual reports in consultation and co-operation with indigenous peoples. This would provide transparency on the measures taken to ensure that the laws of Canada are consistent with the declaration and the action plan.

To follow this path, we must work in collaboration to determine the way in which the standards and rights set out in the declaration will be put into practice. This includes the main aspects of the declaration such as free, prior and informed consent

Free, prior and informed consent is a manifestation of the right to self-determination. It is about providing the opportunity for clear, effective and meaningful participation of indigenous peoples in decisions that directly affect them. Achieving consent should be the goal of any good faith consultation or collaboration process. To be clear, the declaration does not confer a veto or require unanimity in these types of decisions. If consent cannot be secured, the facts and law applicable to the specific circumstances will determine the path forward.

Bill C-15 will not change Canada's existing duty to consult indigenous groups or other consultation and participation requirements set out in legislation like the Impact Assessment Act. What it will do is encourage ongoing work to build on these types of arrangements and approaches.

I would like to acknowledge that we have heard several potential proposed amendments and want to assure members that we are taking these suggestions very seriously. We welcome your recommendations.

Bill C-15 demonstrates a genuine commitment to champion reconciliation and to improve relations with Indigenous peoples. In so doing, we will build a better Canada for all current and future generations of Indigenous peoples and Canadians alike.

Thank you.

Mr. Chair, do you want me to go on with my own remarks?

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I am pleased to be speaking today at the second reading stage of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which was introduced on December 3 of last year by the Minister of Justice and Attorney General of Canada.

Introducing legislation to advance the implementation of the declaration is a key step in renewing the Government of Canada's relationship with indigenous peoples. I am speaking today from the traditional territory of the Haudenosaunee, the Huron-Wendat, the Anishinabe and, most recently, the territory of the Mississaugas of the Credit first nation. Toronto is now home to many diverse first nation, Inuit and Métis peoples.

Many of my constituents in Parkdale—High Park are strong advocates for the implementation of the UN Declaration on the Rights of Indigenous Peoples. It is a privilege to represent such engaged and vocal individuals. My constituents have been clear about the importance of having a government that respects indigenous rights and plays an active role in reconciliation. This legislation would address those concerns by taking measures to ensure that the laws of Canada are consistent with the UN Declaration on the Rights of Indigenous Peoples. This bill is a critical step forward in the joint journey toward reconciliation.

I know that members are familiar with the United Nations Declaration on the Rights of Indigenous Peoples, but to provide a bit of context, the declaration was adopted in 2007 after many years of hard work by indigenous leaders and countless Canadians.

We are grateful for the unwavering dedication of indigenous leaders such as Dr. Wilton Littlechild and many other stakeholders who worked tirelessly for many years to develop and negotiate the declaration.

I want to refer specifically to the long-standing work of James Sákéj Youngblood Henderson, who made UNDRIP a key part of his life's work, and who also happens to be the father of my colleague, the member for Sydney—Victoria. The adoption of this declaration was a very significant moment in human history, with the goal of protecting and promoting indigenous rights around the world.

The declaration contains 46 articles that address a wide variety of individual and collective rights, including cultural and identity rights, and rights relating to education, health, employment and language, among others.

It is the language piece that I want to focus on very briefly because I do feel that this dovetails with the other work that has been accomplished by our government and by this Parliament. In this, I am referring to the Indigenous Languages Act.

In the previous Parliament, I had the ability and the opportunity to work with the minister of heritage on the Indigenous Languages Act legislation. Through that process, I learned not only a tremendous amount about myself as a parliamentarian, but also about the legacy of colonial policies in this country over 400 years of settler contact with indigenous persons.

In restoring languages through the Indigenous Languages Act, which we passed in the last Parliament, restoring funding and now ensuring that we are working toward the passage of UNDRIP, we see a continuity in terms of protecting cultural and linguistic rights, among many other rights, for indigenous persons on this land. These rights are sorely in need of protection as we try to give meaning to concepts of autonomy and autodétermination, as we say in French.

The declaration itself also recognizes that the situation of indigenous people varies from region to region and from country to country. It provides us with flexibility and the opportunity, in consultation and co-operation with indigenous people, to ensure that rights are recognized, protected and implemented in a manner that reflects the circumstances right here in Canada. In May 2016, our government endorsed the UN declaration, without qualification, and we committed to its implementation.

Subsequently, we were very proud to support private member's bill, Bill C-262, in the previous Parliament, which was introduced by former NDP member of Parliament Romeo Saganash. Unfortunately, Bill C-262 died in the Senate in June 2019, due in large part, I will frankly indicate, to stonewalling by Conservative members of the Senate. However, what we did in the 2019 electoral campaign is redouble the commitment of the Liberal Party to reintroducing UNDRIP as a government bill, which is exactly what we have done with Bill C-15. This builds on the foundational work that was presented by the old bill, Bill C-262, in the previous Parliament.

Building on support from indigenous groups for the former Bill C-262 and following discussions with indigenous partners, we as a government used the old Bill C-262 as the floor for the development of this new legislative proposal, which is currently before all of us in this chamber.

The Government of Canada drafted the bill following consultations with representatives of national and regional indigenous organizations, modern treaty partners, self-governing first nations, rights holders, indigenous youth, indigenous women, gender-diverse and two-spirit people, as well as representatives from other indigenous organizations. The comments received throughout the consultation process helped shape the bill.

That was the genesis of Bill C-15, which seeks to affirm the declaration as a universal international human rights instrument with application in Canadian law and provide a framework for the Government of Canada’s implementation of the declaration.

Bill C-15 is but one sign of the progress I believe we are making in advancing reconciliation, affirming human rights, addressing systemic racism and combatting discrimination in this country. Members heard some of that in the previous speech from the member for Outremont with respect to other milestones we have reached as a government, but what I think is critical here is when we speak about combatting discrimination, in particular systemic racism.

It should not be lost on any members of Parliament how critical the timing of this bill is, given the moment we are in collectively as a nation and as a continent, with a movement taken on by all Canadians to actively combat systemic discrimination and systemic racism. COVID has shone a light on this, and we have been responding to it. Bill C-15 is part of the continuity of work that includes Bill C-22, which is about ending many mandatory minimum penalties that disproportionately impact Black and indigenous Canadians. Bill C-15 is part of that continuity and body of work.

This bill, Bill C-15, builds on the significant progress we have been making on implementing the declaration on a policy basis by creating a legislated, durable framework requiring the federal government, in consultation and co-operation with first nations, Inuit and Métis people, to take all measures necessary to ensure that federal laws are consistent with the declaration, to prepare and implement an action plan to achieve the objectives of the declaration, and to report annually to Parliament on progress made in implementing the legislation.

Enhancements we have made to Bill C-15 as a result of the engagement process we undertook with indigenous peoples, which preceded its introduction, include the addition of new language in the preamble, with the following objectives: to highlight the positive contributions the declaration can make to reconciliation, healing and peace; to recognize the inherent rights of indigenous peoples; to reflect the importance of respecting treaties, agreements and constructive arrangements; to highlight the connection between the declaration and sustainable development; and to emphasize the need to take the diversity of indigenous peoples into account in implementing the legislation. Other key enhancements include the addition of a purpose clause to address application of the declaration in Canadian law and to affirm the legislation as a framework for federal implementation of the declaration, and clearer and more robust provisions on the process for developing and tabling the action plan and annual reports.

Moving ahead with Bill C-15 is consistent with our commitment to address the TRC calls to action and respond to the national inquiry into MMIWG and the calls for justice therein. Implementing this declaration is the natural next step in our journey to advance reconciliation, something I mentioned at the outset. This would be a significant step forward in our efforts to build a renewed relationship with indigenous peoples based on rights, respect, co-operation and partnership.

The United Nations Declaration on the Rights of Indigenous Peoples will be used as an essential tool in developing the Canadian framework for reconciliation, which will reflect our own history and our own legal and constitutional framework.

The bill proposes a legislative framework for the UN declaration, so that over time, as other laws are modified or developed, they would be aligned with the declaration. To this end, the legislation would require the Government of Canada, “in consultation and cooperation with Indigenous peoples, [to] take all measures necessary to ensure that the laws of Canada are consistent with the Declaration”, “prepare and implement an action plan”, and table an annual report to align the laws of Canada on the action plan.

As written, this bill would require that the action plan include measures to “address injustices, combat prejudice and eliminate all forms of violence and discrimination...against Indigenous peoples” and “promote mutual respect and understanding as well as good relations, including through human rights education”. The action plan would also include “measures related to monitoring, oversight, recourse or remedy or other accountability measures with respect to the implementation of the Declaration.”

I want to spend my last remaining time on an issue that has come up, which is with respect to free, prior and informed consent. Free, prior and informed consent is about doing just that. It is about the effective and meaningful participation of indigenous peoples in decisions that affect them, their communities and their territories. The participation of indigenous peoples as full partners in economic development is a reflection of their inherent right to self-determination. Achieving consent is the goal of any consultation or collaboration processes. This means we need to make every effort to reach agreements that work for all parties. To be clear, the concept does not confer veto or require unanimity in these types of decisions. If consent cannot be secured, the facts of law applicable to the specific circumstances will determine the path forward.

I would refer members of this House to the testimony of David Chartrand of the Métis National Council who said precisely this. I would also refer members of this House to the previous testimony of people like Romeo Saganash in parliamentary committees when we were studying the old bill, Bill C-262, in the last Parliament who also indicated that it is not the interpretation of the law that free, prior and informed consent, FPIC, would constitute a veto. Indeed, in literally the last 36 to 48 hours, Mary Ellen Turpel-Lafond, as counsel for the Assembly of First Nations said at the standing committee looking into this bill that “The idea that free—

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Mr. Speaker, today, I speak from the Mi'kmaq traditional territory of Unama'ki in the Eskasoni First Nation.

It has been over 400 years since my Mi'kmaq ancestors met European travellers on the shores of Mi'kma'ki. This moment thrust generations of transformation and struggle that led to the conflicts, diplomacy and eventually treaties that have shaped Canada and its Constitution. That struggle and those relations continue to this day across Canada.

Today's debate is the next step on this journey and the generational struggle of indigenous peoples in Canada. With Bill C-15, we turned a page on colonial narratives entrenched within the Indian Act and moved on to a new chapter founded on the United Nations Declarations on the Rights of Indigenous People.

This past week Grand Chief Wilton Littlechild reminded me that indigenous leaders have been fighting for recognition of their basic human rights entrenched within UNDRIP for over 40 years. The fact that this government act is in Parliament today is an achievement of the possible in the realm of the improbable.

Today, I would like to share a perspective on Bill C-15 that is personal, but also shared by many indigenous people in this country. My father, Sákéj Henderson, one of the original drafters, wrote that UNDRIP is a process whereby, “Thousands of Indigenous peoples participated over thirty years in the development of Indigenous diplomacy.”

Before the 1982 Constitution, long before the recognition in the Supreme Court of Canada, Kji-keptin Alexander Denny and a delegation of Mi'kmaq went to the United Nations to seek justice for Mi'kmaq based on the UN covenants available to them at the time.

There, they met several indigenous leaders from around the world who were all advocating for the right to be recognized as humans and protected by the rights that came from the UN Universal Declaration on Human Rights. At the time, there was no UN mechanism whereby the rights of indigenous peoples, as humans, could be protected. In fact, the first meeting of the UN working group referred to indigenous populations because of the fear of recognizing them as a people.

Despite the objections and fears, indigenous leaders persevered, and on September 12, 2007, more than 143 countries affirmed the recommendation to extend human rights and fundamental freedoms to indigenous people. Canada voted against that. That decision by the Harper-led Conservative government to deny indigenous people human rights and freedoms brings us to where we are now. Today, we can undo that mistake.

In a divided world, UNDRIP is a global vision. The longest, most comprehensive human rights instrument negotiated at the United Nations, fought and won by thousands of indigenous leaders speaking 100 different languages from all corners of the globe. The 46 articles within UNDRIP give clarity and understanding of the inherent rights recognized in section 35 of our Constitution, also known as aboriginal rights. It addresses what is meant by fair, just and consensual relationships between indigenous people and government.

Our Liberal government has already shown our commitment to implementing the human rights of indigenous peoples, entrenching these principles into our Environmental Assessment Act, the Indigenous Language Acts and the indigenous children, youth and family act.

However, the time has come for all political parties to stand up for the inalienable human rights of indigenous people in this country. Let us be clear: The human rights of indigenous people have been and continue to be denied in Canada. UNDRIP is a vital and necessary part of the remedy to this generational injustice. The 1876 Indian Act codified this injustice and colonial framework stating that the term “person” means an individual other than an Indian unless the context clearly requires another construction.

From the moment Canada legally denied Indians the rights of persons, it became necessary to create this declaration and to confirm the inalienable human rights of indigenous persons. With great humility, I add my name to those who wish to be recognized as persons as well in Canada. I am humbled in the knowledge that so many other indigenous MPs have spoken in this House, advocating for human rights to extend to indigenous people as well.

Let me be clear: Bill C-15 would not create new rights. It affirms rights actively denied to indigenous peoples for generations. Bill C-15 rejects colonialism, racism and injustices of the past. It affirms familiar human rights norms and minimum standards that Canada and Canadians have long supported.

It places two interrelated obligations on the federal government, in consultation and co-operation with indigenous peoples of Canada. The first obligation is to take all measures necessary to ensure the laws of Canada are consistent with the declaration. The second obligation, which is just as important, is to establish an action plan to achieve the objectives of the declaration within three years. These obligations are necessary for establishing a just framework for reconciliation and fulfilled promises, to generate better lives for indigenous peoples.

Critics of Bill C-15 have tried to use words like uncertainty and unintended consequences to slow, stall and create fears of UNDRIP. However, in reality they are doing nothing more than perpetuating colonial notions that for generations have benefited them and exploited indigenous peoples.

Former Justice Mary Ellen Turpel-Lafond, in response to fears that Bill C-15 would slow down the economy, stated:

It is fearmongering to suggest that somehow the rights of indigenous people will make the Canadian economy not work and to point to British Columbia and say that is particularly laughable and inaccurate.

Bill C-15 is about fair, just and consensual relations among legally recognized people. Bill C-15 is another step to guarantee indigenous people a dignified life and a meaningful economic future. Whether supporter or skeptic, all Canadians will benefit from recognizing and exercising our shared humanity. The passing of this bill into law would require, inspire and enable Canadians to maintain the promises of a better nation.

In closing, I would like to thank Romeo Saganash for his leadership on his private member's bill, Bill C-262. I would also like to thank my father, Sákéj Henderson, and Russel Barsh for their wise counsel and their tireless efforts to help the Mi’kmaq over the years; as well as the many indigenous leaders within the Assembly of First Nations and the Indigenous Bar Association who have advanced my education on UNDRIP over the years; as well as all the indigenous leaders from coast to coast to coast whose tireless efforts have led to government legislation on Bill C-15.