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.

[Professor Brenda Gunn, Associate Professor, Faculty of Law, University of Manitoba, As an Individual]

Good afternoon, everyone. Thank you, so much, for having me here today. I am really excited to be here, both to speak about something that I spent a lot of time thinking about, which is the role of the UN declaration in promoting reconciliation in Canada, and also, particularly today of course, the bill before this committee.

I would like to start by acknowledging the traditional territory. I thank the Algonquins for their hospitality and for allowing us to be here. I recognize that this is unceded territory.

I also want to acknowledge a couple of the committee members. I already spoke briefly with the chair. That is the riding I grew up in, so it's very nice to meet her. I would also like to acknowledge member Saganash, who has worked so hard on these issues, both internationally and domestically.

Thank you for your work and for having me here.

I would be remiss not to acknowledge Will Amos. We worked briefly together at Ecojustice, a dog's age ago. I think I was articling and you were just starting at Ottawa, so it's very nice to see you as well.

My name is Brenda Gunn. I am a Métis woman from the Red River. I am an Associate Professor at the University of Manitoba, and I work in both international and constitutional law. I have developed a handbook on implementing the UN declaration, and I've done presentations all over the country and internationally about what the UN declaration means for us in Canada.

I'd like to commend this government for the strong commitment that it has made toward indigenous peoples, including the commitment to implement the UN declaration. I thought I would start today by explaining why I see the UN declaration as being important for reconciliation in Canada and then talk about why I think this bill is so important in its implementation.

When you read the preamble, you see a very compelling story being told, particularly one that's significant in Canada. That is, in 2007, the UN finally recognized indigenous peoples to be peoples and part of the family of the world. We were no longer these “fierce savages whose occupation was war”, in the words of Chief Justice Marshall in the Marshall trilogy, which continue to impact Canadian law today. We are now peoples with all the rights that come with that.

We're also indigenous, and we have a right to be indigenous. We have a recognized right to our collective identities, and there's a recognition that sometimes special measures may be necessary in order to protect our inherent rights. The UN declaration recognizes that colonization occurred and that it has a negative impact on indigenous peoples, in particular, through the dispossession of their lands, territories, and natural resources.

The UN declaration continues to state that the UN is convinced that the path forward requires resetting the relationship between indigenous peoples and Canada through recognizing and protecting indigenous peoples' inherent rights. Contrary to the opinion of some that recognizing special rights for special people would tear Canada apart, the UN declaration is clear that full and robust protection of indigenous peoples' rights will actually enhance harmonious relations between indigenous peoples and Canada.

The UN declaration explains that it is the denial of indigenous peoples' rights that is the cause of the current divisions between indigenous peoples and the rest of Canadians. If we want to reconcile in Canada, that means we have to shift the relationship, forming a new relationship based on the principles of justice, democracy, respect for human rights, non-discrimination, and good faith. Doing so shifts the relationship from a colonial one, where Canada has control over all aspects of indigenous peoples' lives, to one where indigenous peoples freely determine their own futures and are actively involved in all decisions that specifically impact their rights.

When you look through the UN declaration, the substantive rights, one of the key areas is that it recognizes that economic, social, and cultural rights in areas such as language rights, education, health care, housing, and economic development, are critical to the exercise of civil and political rights. There is no hierarchy of rights.

I think the bill before you today is an important step towards implementing the UN declaration in Canada, and it can put this government's words on reconciliation into action because of the way in which it clarifies that the UN declaration applies in Canada, requires a review of laws for consistency, and sets out the need to develop a national action plan and the expectation of periodic reporting.

In my reflection for today's comments, I was thinking about the way in which Canada really led the way on the recognition and affirmation of indigenous peoples' rights when it protected indigenous rights in the Constitution 35 years ago. But unfortunately, Canada no longer leads the world on indigenous rights protection. However, through Bill C-262, Canada can again come back to the forefront of indigenous rights protection. Implementing the UN declaration is also key to fulfilling Canada's international human rights obligations.

One of the challenges I've seen in my work on implementing the UN declaration is the general lack of understanding of how international law applies in Canada.

While the Supreme Court of Canada jurisprudence is clear that declarations such as the UN declaration can and should be used to interpret domestic laws, including our Constitution, there has been hesitance by lawyers and judges to rely on the UN declaration in interpreting domestic law, mostly, I think, due to the lack of understanding of the role of international law domestically.

I think this bill is critical to overcoming the reticence and ignorance of many in the legal field on the relevance of the UN declaration in interpreting Canadian laws, including the Constitution.

This process of interpreting Canadian law in line with Canada's international human rights obligations may occur through court processes, but it can also occur through general legislative and policy reviews and the taking of necessary amendments, as well as through negotiation. It's important to remember that law is not static, not international human rights law and not Canadian constitutional law.

We often say our Constitution is a living tree, with strong roots and an ability to grow and adapt to circumstances. I think the UN declaration is key to helping our Constitution grow and adapt to the changing circumstances in the Canadian context. The presumption of conformity, where domestic laws are interpreted in line with Canada's international human rights obligations, is a well-established principle. More importantly, I think that through this bill, we can also allow Canada to implement its international human rights obligations owed to other nation-states.

Interpreting the Canadian Constitution in light of the UN declaration is also really important because of the fact that Canada, when it goes to international human rights bodies, often points to the Canadian Constitution as something in which it has implemented its international human rights obligations. By using the UN declaration to interpret the Canadian Constitution, we both advance reconciliation in Canada and can help Canada implement its international human rights obligations.

I want to thank the committee for its time this afternoon. I look forward to your questions.

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

I know that Bill C-262 deals with the legislative piece, the laws of the land, but we're trying to also look at how we expand it around policy and program implementation as well. Can you maybe talk to that, as to how receptive that is, to just the different stages at which different communities and nations are moving in this direction, and to how we can help them move there more quickly?

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

Minister, as always, it's a pleasure to have you here today. Thank you so much for taking the time out of your incredibly busy schedule to visit with us, and for your speech and your statements.

Last month, the Prime Minister delivered a speech to Parliament in which he announced that the Government of Canada will develop in full partnership with first nations, Inuit, and Métis peoples a recognition and implementation of rights framework. He made it clear that while the results of consultations with indigenous people will guide what the final framework will look like, the government believes it should include new legislation and policy that will make the recognition and implementation of rights the basis for all relations between indigenous peoples and the federal government. Budget 2018 has significant investments targeted at moving towards a recognition of rights framework and building capacity for indigenous self-determination.

Sorry for the long preamble, but in terms of questions, can you update us on how the consultations are going in regard to the recognition and implementation and that work?

As you noted in your remarks, the committee is currently studying Bill C-262, which seeks to ensure that federal laws are in harmony with UNDRIP. In your opinion, is that bill consistent with the government's new approach to rights recognition and self-determination? How can we expand upon Bill C-262 to capture all of that?

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

Thank you very much, Madam Chair, for your warm invitation to this meeting, which we are holding on the traditional territory of the aboriginal peoples, on this International Day of the Francophonie.

Before we begin, Madam Chair, we want to thank you for the recent report on indigenous land rights, which you tabled yesterday. As you know, this is very relevant to the ongoing discussions we're having with first nations to identify fair and practical measures to improve the claims process.

We are currently reviewing the committee's recommendations to help inform our efforts to reform our approach to claims.

I can already point to the fact that, as recommended in your report, the government will be replacing the use of loans with non-payable contributions to fund indigenous participation on the negotiation of modern treaties and specific claims, which was in the budget.

More broadly, our government is committed to creating a new recognition and implementation of rights framework, which is currently being codeveloped through a national engagement. Your report is extremely helpful in the context of the new recognition and implementation of rights that was announced by the Prime Minister on February 14.

Also, in terms of your ongoing study of Bill C-262, we are also wanting to ensure that federal laws are consistent with the UN Declaration on the Rights of Indigenous Peoples, so it's all very timely. As you know, the government is supporting this bill, and we believe that the comprehensive study that you're undertaking will also inform this broader work on rights recognition and implementation.

I'm appearing today to discuss crown-indigenous relations and northern affairs, lovingly now referred to as CIRNA, our supplementary estimates (C), and, for the first time, the interim main estimates.

These estimates (C) show a net decrease of approximately $46 million, which reflects $63 million in net transfers of existing funding to the new Department of Indigenous Services.

We know that relationships built on colonial structures have contributed to unacceptable socioeconomic gaps.

That is why, in August of last year, the Prime Minister announced the dissolution of INAC, as recommended in RCAP 21 years ago, to create two new departments, Indigenous Services Canada and CIRNA, so following the order in council last fall, there was a transfer of resources from our department to create the Department of Indigenous Services Canada.

The final structure of these two new departments will be determined in partnership with indigenous people, and we've been meeting with our partners from coast to coast to coast about how, as they say in architecture, form follows function, and how we can make sure there is a distinctions-based approach in design and processes of these two new departments.

Together, we will chart a path forward that advances reconciliation and builds a stronger future for indigenous people and all Canadians alike.

Supplementary estimates (C) also includes new funding of approximately $17 million for initiatives, including the Canadian heritage rivers Inuit impact and benefit agreement, the Nunavut devolution agreement-in-principle, the Anishinabek nation education agreement, and indigenous tourism.

I would be happy to discuss these important investments in more detail during the question and answer period.

Supplementary estimates (C) also re-profiles approximately $600,000 of the nutrition north program funding to this year, which is less than 1% of the annual budget. This is related to our government's investment of $65 million over five years to expand nutrition north Canada food subsidies to 37 additional communities. Re-profiling this money will ensure this funding is preserved for our government's ongoing support for northern families to have affordable, healthy, culturally relevant foods; however, we know much more needs to be done. That's why the government is also continuing to work in partnership with northerners to overhaul the program to ensure it better reflects the needs of northerners.

Our appearance today is in the context of an evolving estimates process, as our government moves to increase transparency and modernize how estimates are presented and approved. Parliament recently approved a change in the main estimates approach in which the 2018-19 main estimates will be divided into two distinct exercises: interim estimates and main estimates. The interim estimates will provide the department with funding for the first three months of the fiscal year, while main estimates will provide the remaining funding for the entire fiscal year as well as incorporate some budget 2018 approvals.

This will better align the federal budget and the main estimates.

I am pleased that we are able to review these documents in the context of Budget 2018 investments. This will allow for a much more comprehensive discussion about my department's planned spending in the coming year.

Budget 2018 invests an additional $5 billion over five years to close significant socio-economic gaps, move towards recognition of rights, and build capacity for indigenous self-determination.

This is our government's third budget. I believe it's important to highlight that it builds upon the historic investments of $8.4 billion in budget 2016 and $3.4 billion in budget 2017, for a total commitment to date of almost $17 billion of additional funding for the priorities of indigenous peoples, a commitment recognized by our partners.

Assembly of First Nations National Chief Perry Bellegarde commented on budget 2018 saying, “the long-term investments in First Nations governments and infrastructure sets a strong foundation for re-building our nations.”

Manitoba Metis Federation President Chartrand said that budget 2018 “finally addresses the needs and aspirations of the Métis Nation.”

The president of the Inuit Tapiriit Kanatami, Natan Obed, characterized budget 2018 by saying, “That is a game changer, if you will, for self determination.”

Budget 2018 outlines new steps the government will take to increase the number of modern treaties and self-determination agreements in the context of a recognition of rights approach.

This is at the core of my mandate.

Since 2015, approximately 60 discussions on the recognition of indigenous rights and self-determination have been launched with over 320 communities—a total of over 700,000 indigenous peoples.

To date, 19 negotiated agreements have been codeveloped and signed through the discussion process, and others will follow in the coming months.

Budget 2018 commits $51.5 million over two years to support these discussions and the codevelopment of agreements that advance a recognition and implementation of rights approach.

Budget 2018 will also help nations rebuild and accelerate self-determination and self-government with investments, including $105 million over five years to support the capacity-building efforts of indigenous groups that are seeking to rebuild their nations in a manner that responds to the unique needs and priorities of their communities; and $74.9 million over five years to provide permanent funding to support the permanent bilateral mechanisms with first nations, Inuit, and the Métis Nation.

These sustained investments over multiple budgets confirm our government's ongoing commitment to reconciliation and to renewing Canada's relationship with first nations, Inuit, and Métis peoples.

I look forward to discussing these issues with you and welcome your questions.

Impact Assessment Act

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

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

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

[Vance Badawey, Liberal, Niagara Centre, ON]

Thank you, Madam Chair.

I want to get right to it because with my past experience in the committees I sit on and caucuses, I'm very happy about this whole process. Not only with UNDRIP and setting the culture and setting the principles as the PM has done in the past year or so, if not longer, but also with Mr. Saganash with the direction he's taken with his private member's bill C-262. I want to congratulate him for that because it does accelerate the process, as was mentioned earlier.

Having said that, now it's time to accelerate the process, to look at education, which I think is first and foremost. When I say education, I don't mean education of the indigenous community, I mean educating us, government and the general public: understanding, establishing, pursuing, and then of course recognizing the outcomes.

The second part of that is putting strategies, the blueprint, in place. How we're going to operate, move forward nation-to-nation, and with that, establishing that strategy, the objectives, the action plans attached to those objectives and then of course most importantly, executing those action plans. Third, as you mentioned earlier, is the alignment based on that culture.

We have the Department of Fisheries, the Department of Transport, the Department of Natural Resources, the Department of Justice. Who is going to facilitate the strategy and therefore establish the outcomes, attach the action plans, and then execute them? We know at the upper levels of government—federal, provincial and territorial—that sometimes things go awry because there's no intergovernmental facilitation.

This is the most important part, establishing that success, and of course the ultimate outcomes. Who is going to facilitate it? The next step is the blueprint, the strategy. Who is going to be the steward? Therefore having this become a reality versus just a culture.

That question is to all of you. Good luck.

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

I asked the question, because the government now accepts the 94 calls to action from the Truth and Reconciliation Commission. One of the calls to action is to make sure that indigenous people get the legal opinions that governments ask for when it comes to their rights and interests. That's the reason I asked that.

I want to go a bit to free, prior, and informed consent. I think this is an important discussion with respect to Bill C-262, but also to UNDRIP.

Genevieve, I think you mentioned how you're trying to work together with indigenous people in order to get, as you said, the better outcome for different projects. Engaging with them early is also a principle that you expressed.

Is your department or the other departments aware of the human rights committee? Under the human rights committee, there's an expert mechanism on the rights of indigenous people. It did a study in 2011 or 2012 on exactly that question of free, prior, and informed consent.

Have you taken the time to read the study?

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

Did you get it for Bill C-262?

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

I'm asking all three of them, because this bill has an impact on natural resources, on fisheries and oceans, and on the environment. I imagine that all three departments have asked for a legal opinion on the impacts of Bill C-262.

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

Thank you, Madam Chair.

Thanks to the witnesses.

I think a lot of the purposes and objectives of Bill C-262 have a potential of impacting all of your departments, and I'm glad to have you here today.

One of the simple questions I would start with is that I wonder if any of your departments have sought or obtained a legal opinion on Bill C-262 and how it would impact your work.

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

Bill C-262 has not passed into law yet. We are on that way. It looks like the government's going to support it, I assume without amendment.

When it does pass, say a year from now, what changes for your department? Are you planning that difference? How is your department going to function differently after this particular bill passes into law?

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

Bill C-262 has a focus on ensuring that there's an alignment between UNDRIP and Canadian laws, but comments had been made that we should also be looking at policies and operational practices being a part of that.

The previous panel had said that they already do embed that into their forward-looking policies and operational practices. It sounds like in your presentation you had emphasized that specifically.

Is that really now the basis of everything that you do, that that's how we ensure that a whole-of-government approach is actually taken to ensuring that we're aligning with UNDRIP?

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

Thank you all so much for being here today. They were great presentations.

The panel members talked a lot about how UNDRIP would serve as an interpretation tool that the courts would use to interpret Canadian law and how the different departments were also using it as a tool to interpret how Canadian laws would be developed moving forward. In looking at that, and now looking at it through the lens of FPIC in the same fashion, it's such a complex issue. You can't interpret it, as has been indicated by the other side, in a black-and-white, simplistic, yes-or-no interpretation. As our colleague who formed this legislation, Bill C-262, had said, the rights of one group do not abrogate the rights of another, so we must take a different approach in looking at FPIC.

I would say that, based on your presentations, it seems like you are taking this type of an approach, and I would like to expand. When you're looking at the development of a project, do you approach it in this similar fashion? If there are disputes that arise, you use dispute resolution mechanisms or finally, ultimately, the courts. Would you care to comment further on that?

[Genevieve Carr, Acting Director General, Indigenous Policy and Coordination, Department of Natural Resources]

Good afternoon, and thank you for your attention.

I, like my colleagues, wish to acknowledge that we are meeting today on unceded Algonquin territory.

Thank you for the invitation to speak today to support your study of Bill C-262.

My name is Genevieve Carr. I am the acting director general of indigenous policy and coordination, a new unit in the Department of Natural Resources, which reports directly to the deputy minister and which was formed to support efforts to foster reconciliation with Canada's indigenous peoples.

I wish to acknowledge my colleague, who has joined me today, Mr. Terry Hubbard, who is the director general of the petroleum resources branch in the energy sector of Natural Resources Canada.

My remarks today will focus on some the areas where Natural Resources Canada is working to proactively ensure that our policies, programs and legislation align with the United Nations Declaration on the Rights of Indigenous Peoples.

My department is transforming its internal operations and culture, reviewing its policies and practices, and working across government to align with the principles, norms and standards of the United Nations Declaration.

We support Minister Carr—I should note there is no relation, despite our shared last name—in his role as a member of the Working Group of Ministers on the Review of Laws and Policies Related to Indigenous Peoples. We work closely with our colleagues across government to support horizontal engagement and policy initiatives, such as the permanent bilateral mechanisms established with national Inuit, first nations, and Métis organizations, federal responses to the Truth and Reconciliation Commission's calls to action, and the recently launched engagement of a recognition and implementation of rights framework.

We are also advancing corporate change within our organization to increase cultural competencies of all staff within the department, and we are helping to transform the department so that it can become an employer of choice for indigenous Canadians.

Natural Resources Canada is changing how we work and partner with indigenous peoples, placing emphasis on creating lasting relationships that respect and recognize the rights of indigenous peoples. Examples include the department's Generation Energy dialogue on the shift to a low-carbon future, which was heavily shaped by its engagement with and perspective of indigenous peoples from across Canada.

This engagement is ongoing as the vision that grew from Generation Energy moves to being implemented. NRCan is driving inclusion of indigenous leadership in federal, provincial, and territorial fora, such as the Energy and Mines Ministers' Conference, and the Canadian Council of Forest Ministers, as well as international trade delegations to facilitate with jurisdictions that control many of the levers for resource development. The geo-mapping for energy and minerals program is another example that has allocated close to $1 million to northern indigenous organizations to develop tools and capacity to integrate science knowledge into decision-making by northerners, for northerners.

Natural Resources Canada is also taking measures to support self-determination through full and fair opportunities to indigenous peoples to participate in the natural resources economy. Some examples include the establishment of an economic pathways partnership to make it easier for indigenous groups potentially impacted by major pipeline projects to access existing federal programs, and help support job training and business opportunities. The indigenous forestry initiative supports forest-based indigenous economic development across Canada. This year it will provide over $2.5 million to indigenous communities and organizations for capacity and business development. The IFI is exploring options to move toward a shared governance model with indigenous peoples.

The green jobs science and technology internship program is starting to take action to target career-stream jobs for indigenous youth, recognizing the importance of opportunities for indigenous youth employment in the natural resources sector.

The interim approach for major project reviews allowed my department to enhance public and indigenous participation in projects undergoing reviews by the National Energy Board. As part of the interim approach, Minister Carr appointed a three-person panel, one member of which was indigenous, specifically to create opportunities to share views not already heard by government on the Trans Mountain expansion pipeline project. Enhanced indigenous engagement through the review process led to an $86-million federal investment to establish and co-develop two indigenous advisory and monitoring committees for National Energy Board-regulated pipelines. These committees are now actively working with the National Energy Board as projects move to construction. They're an important example of how co-development can advance shared goals of safety and protection of environmental and indigenous interests for federally regulated projects.

Lastly, my department is changing laws and policies to entrench a new way of doing business, both for government and for the private sector that has an interest in developing Canada's resources. The active participation of first nations, Inuit, and Métis organizations and communities from across Canada was key to our efforts to modernize the National Energy Board, given concerns around the nature and process of indigenous peoples' participation in the regulation of pipelines under federal jurisdiction.

To note, two of the five members of the NEB modernization expert panel were indigenous. Appointed by Minister Carr, the Minister of Natural Resources, the panel was tasked with conducting a targeted review of the board's structure, role, and mandate. Natural Resources Canada provided a total of $4 million in participant funding to 157 indigenous groups over a two-year period, to provide capacity for those groups to participate in the NEB modernization review.

Our experiences through the interim period, and the lessons learned through the NEB modernization process, were critical to shaping the proposal for a new Canadian energy regulator that was tabled as part of Bill C-69 last month in Parliament. The Canadian energy regulator, CER, will help oversee a strong, safe, and sustainable Canadian energy sector as we transition to a low-carbon economy. The regulator will conduct reviews that are more open, accessible, inclusive, and transparent. This will give communities and indigenous peoples a greater voice in their future.

I have provided a brief overview of some of the work my department is undertaking to align with the United Nations Declaration and have focused my remarks on: internal corporate changes and support to whole-of-government priorities; changes in how we partner externally to build meaningful relationships and create space for full and fair access to economic opportunities; the application of lessons and experiences from the last two years to propose new legislation for energy regulation in Canada.

This government set a new path for its relationship with its indigenous peoples in Canada, and our work is not done. We will continue to work closely with other departments on programs, policies, and initiatives that are aligned with the key principles of the declaration. We will also continue to support self-determination and engagement through programming that develops the capacity of indigenous peoples to participate in the natural resources sector and leverage that wealth creation to support their own priorities. We will continue to work closely with indigenous peoples to advance policies, programs, and regulations, including approaches to consider and protect indigenous knowledge in federally regulated energy project reviews; outline expectations for early engagement, planning, and roles for monitoring and oversight; enter into collaboration agreements on project reviews; and ensure we have appropriate indigenous representation on boards and panels.

Thank you for your attention. I look forward to answering any questions you may have.

[Robert Lamirande, Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans]

I would also like to acknowledge our presence on the unceded territory of the Algonquin peoples.

I would like to thank the chair, vice-chairs, and committee members for the invitation to speak to you today to support your study of Bill C-262 and for the opportunity to elaborate on the suite of programs, policies, and legislative initiatives under the purview of the Minister of Fisheries, Oceans and the Canadian Coast Guard that have made and will continue to make advances toward reconciliation with the indigenous peoples of Canada.

I am Robert Lamirande, the director of indigenous affairs and reconciliation directorate at Fisheries and Oceans Canada. I would like to introduce my colleague, Marc Sanderson, acting director general, national strategies of the Canadian Coast Guard.

My directorate is responsible for providing policy advice on indigenous fishing and other matters toward advancing reconciliation with indigenous peoples; negotiating and implementing program, treaty, and other constructive agreements on Fisheries and Oceans management; promoting fisheries related economic opportunities through programming to support indigenous capacity to fish safely and effectively; and building relationships and partnerships with indigenous communities through effective engagements, which we do hand in hand with the national strategies directorate of the Canadian Coast Guard.

We do this work because the sustainable use of the fishery resource, the protection of fish and fish habitat, the conservation and management of our oceans, and the safety of those on the water are a priority for the department—a priority held in common with indigenous communities.

And because Fisheries and Oceans Canada and the Canadian Coast Guard have presence in many coastal and rural communities across Canada, we have worked hard with indigenous communities and groups to collaborate and partner on all aspects of our operations. These relationships are comprehensive, complex and dynamic. They are adaptive to the capacity of each indigenous community or group to participate in economic opportunities and in co-management.

We are now on a clearer path to a renewed, nation-to-nation, crown-Inuit, and government-to-government relationship, one that builds on the relationships and partnerships developed over the past decades. These relationships with indigenous communities are the touchpoints through which we will collaborate to articulate what reconciliation means in the context of Minister LeBlanc's portfolio.

This includes those changes to programs, policies, and laws necessary to demonstrate that we are moving to reconciliation with indigenous peoples. This commitment to reconciliation is guided by the principles respecting the Government of Canada's relationship with indigenous peoples. These principles, as you know, are themselves guided by the United Nations Declaration on the Rights of Indigenous peoples.

I want to highlight for you how Fisheries and Oceans Canada has worked in collaboration and in partnership with many indigenous communities. Through the innovative and successful Atlantic and Pacific integrated commercial fisheries initiatives, Fisheries and Oceans Canada provides commercial fisheries access, business management capacity, and training needed to build self-sustaining, indigenous-owned and operated commercial fishing enterprises.

Through the aboriginal fisheries strategy and the aboriginal aquatic resource and oceans management programs, Fisheries and Oceans Canada helps indigenous groups acquire the scientific and technical capacity, means, and training to meaningfully participate in fisheries, oceans, and habitat collaborative management, including employing aboriginal fisheries guardians.

Budget 2017, a year ago, has taken these programs a major step forward, investing over $250 million over five years and $62 million ongoing annually. This includes ongoing funding for the Atlantic and Pacific integrated fisheries initiatives and northern expansion through a new northern integrated commercial fisheries initiative.

As we embark on the renewal of these programs, we are also undertaking a review to see where and how these programs can be strengthened in collaboration with the National Indigenous Fisheries Institute, a technical organization established in May 2017 whose board is made up of experts from national and regional indigenous organizations. The institute is enabling the co-development, co-design, and co-delivery of our indigenous programs.

However, working collaboratively and in partnership with indigenous communities is not focused solely on fisheries.

The Oceans Protection Plan, for example, is enabling indigenous communities and groups to meaningfully participate and partner in Canada's marine safety system, from waterways management to emergency preparedness and response.

We are working with indigenous communities and partners to create a new indigenous chapter of the Coast Guard Auxiliary in British Columbia. And discussions with other indigenous communities are exploring opportunities to establish additional auxiliary units in the Arctic and in British Columbia to bolster responses to emergencies and pollution incidents.

A national strategy on abandoned and wrecked vessels will build an inventory of the problem vessels, and a risk assessment methodology. Indigenous communities will be invited to participate in these assessments and to help prioritize interventions.

Through engagement with indigenous communities in British Columbia, the Canadian Coast Guard has launched an environmental response officer recruitment program. We are also nearing completion of a process to recruit Inuit students for a new rescue boat station in Rankin Inlet, Nunavut.

Ongoing training programs across the country will provide participants with the knowledge, skills, and hands-on experience to enable them to play a greater role in marine safety in their communities in a safe and effective manner.

As you know, reconciliation also means self-determination of indigenous communities often but not exclusively through negotiation and implementation of treaties. Fisheries and Oceans Canada is participating in over 40 active rights reconciliation self-government negotiations with indigenous communities on fisheries and oceans matters.

Fisheries and Oceans Canada is also making systemic changes to better enable collaborative partnerships with indigenous peoples, and we have done so through important proposed legislative changes: Bill C-55, An act to amend the Oceans Act ; Bill C-64, An act respecting wrecks, abandoned, dilapidated or hazardous vessels; and Bill C-68, An act to amend the Fisheries Act. Proposed amendments to the Oceans Act will strengthen, among other things, the ability to designate marine protected areas on an interim basis and, as with all marine protected area designations, partnering with indigenous communities is the foundation for the successful protection of these unique aquatic ecosystems.

The proposed Wrecked, abandoned or hazardous vessels act, under the Minister of Transport, with the Minister of Fisheries and Oceans and the Canadian Coast Guard, would enable, among other things, agreements with a government, council, or other entity authorized to act on behalf of an indigenous group to exercise the powers and perform certain duties or functions of the minister.

The proposed amendments to the Fisheries Act and the programs enabled by these changes include certain amendments specifically aimed at advancing reconciliation, including new tools to enhance opportunities for partnering with indigenous peoples in the conservation and protection of fish, fish habitats, and shorelines; and amended provisions to enable agreements with indigenous governing bodies and any body, including a co-management body, established under a land claims agreement, to further the purpose of the act. Such agreements could enable the declaration of the law of an indigenous governing body, including a bylaw, to be equivalent in effect to a regulation under the Fisheries Act.

Fisheries and Oceans Canada and the Canadian Coast Guard have advanced and will continue to advance reconciliation through concrete changes to programs, operational practices, and legislative frameworks that give voice to the United Nations Declaration on the Rights of Indigenous Peoples. As we move forward we will seize on the relationships and partnerships we have with indigenous communities to articulate renewed nation-to-nation relationships with indigenous peoples within the mandates of Fisheries and Oceans Canada and the Canadian Coast Guard.

Thank you.