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.

[Dominique Blanchard, Assistant Deputy Minister, Public and Indigenous Affairs and Ministerial Services Branch, Department of the Environment]

Thank you.

I'd like to acknowledge that we are here today on the unceded territory of the Algonquin people.

My name is Dominique Blanchard. I am the assistant deputy minister of the public and indigenous affairs and ministerial services branch at Environment and Climate Change Canada. I am joined today by my colleague Brent Parker, who is from the Canadian Environment Assessment Agency.

Thank you to the committee for inviting my department to contribute to this session on the subject of Bill C-262. In my remarks today, I will discuss the actions of Environment and Climate Change Canada in advancing reconciliation with indigenous peoples and in working toward fulfilling the government's commitment to adopt and implement the UN Declaration on the Rights of Indigenous Peoples. I will address the work already under way as well as the opportunities we see to further enhance relationships between my department and indigenous peoples and governments.

Indigenous peoples are leaders in conservation. They have long been stewards of the environment and have well established rights related to the use of the land, waters, ice and wildlife. They have knowledge of the environment that spans generations.

The mandate of Environment and Climate Change Canada is to protect the environment and to conserve the country's national heritage. We undertake weather forecasting; wildlife conservation; air and water quality monitoring and protection; water quantity monitoring for informed water management decisions; and, oversee and contribute to measures that mitigate against and adapt to climate change.

Accordingly, it is critically important for Environment and Climate Change Canada to maintain and build strong and positive relationships and partnerships with indigenous peoples, and to collaborate in defining our environmental future. This is a responsibility that extends to each and every part of our department.

We have a history of establishing and supporting partnerships that enable us to reflect the perspectives of indigenous peoples in the delivery of our mandate. We are proud of recent efforts we have made to expand and deepen those relationships at local, regional, national, and international levels. For example, we have established joint distinctions-based senior bilateral tables to support nation-to-nation, Inuit-to-crown, and government-to-government relationships to assist with the implementation of the pan-Canadian framework on clean growth and climate change. We work with indigenous peoples on projects to support the stewardship of natural resources, including through, for example, the co-management of conservation areas, wildlife management boards, and indigenous-led projects supported by the aboriginal fund for species at risk.

At the international level, Canada has been recognized for its leadership in advancing the local communities and indigenous peoples platform under the United Nations Framework Convention on Climate Change. Indigenous peoples have joined us in representing Canada on the delegations for this and other international fora, such as the Convention on Biological Diversity or the Intergovernmental Panel on Climate Change.

We're also establishing countless partnerships at the local and regional levels. For instance, the Canadian ice service is partnering with Inuit communities to understand sea ice information needs in light of changing ice patterns in the north. We are collaborating with first nations on a project to develop training curricula related to environmental monitoring. We are also supporting indigenous-led efforts to address environmental challenges affecting the Great Lakes.

Finally, we and the Canadian Environmental Assessment Agency, along with other federal partners here at the table, worked closely with indigenous partners in developing the recently tabled Bill C-69, which proposes important requirements concerning the engagement of indigenous peoples in the environmental review process and the use of traditional knowledge to inform decision-making.

Sustaining and enhancing partnerships of this nature, and supporting the broader work being done across government to advance reconciliation, has required Environment and Climate Change Canada to look internally, as well.

In May of last year, our department created a new branch, which I lead. Part of our mandate involves bringing cohesion and organization to the department's indigenous affairs and reconciliation activities, and bringing to ground broader government efforts in these areas within our department.

In this vein, we're developing governance structures to ensure effective cross-departmental collaboration, developing tools to support broader engagement and consultation with indigenous partners, and implementing training and awareness opportunities to develop the intercultural competencies of our employees.

We are also working closely with many of the colleagues you have and will be hearing from today in implementing the Truth and Reconciliation Commission's calls to action, the principles respecting the Government of Canada's relationship with indigenous people and, relevant to our discussion today, the United Nations declaration.

In our view, working towards aligning our work with the provisions of the UN declaration presents an opportunity for us to build trust with our indigenous partners; enhance the integrity of our policy-making, research, and analysis; and achieve better environmental outcomes for all Canadians. Several articles in the UN declaration are tied closely to our mandate in that they reflect indigenous people's rights concerning the stewardship of the environment. For example, article 24 speaks to rights related to conservation of medicines, plants, animals, and minerals. Article 31 relates to the maintenance and manifestation of traditional knowledge, including in relation to flora and fauna. Importantly, article 32 confirms the rights of indigenous peoples to determine and develop priorities and strategies for the development and use of their lands and resources.

In regard to these articles, Environment and Climate Change Canada is well situated to build upon existing practices and relationships. Through our engagement in the negotiation of treaties and other arrangements, ECCC works with indigenous partners to collaboratively conserve and protect wildlife and other environmental resources. Also, as a science-based department, we are working to ensure that traditional knowledge informs our work, and we are reviewing and refining our approach that freely shared traditional knowledge can better complement contemporary scientific research to inform decision-making. Lastly, we're working to build transparent and comprehensive engagement processes that respect the rights of indigenous peoples in determining how lands and resources are used.

Environment and Climate Change Canada recognizes that there is more to be done. This will involve the continued examination of our contribution to the government's reconciliation agenda, including the implementation of the United Nations Declaration. This will mean further strengthening our engagement with indigenous partners, and assessing new opportunities to align departmental programs, policies, laws and regulations with indigenous rights and interests. And we will need to do more work internally to build greater awareness amongst our employees of indigenous rights and interests, and of our related responsibilities.

In closing, I would like to thank you for the opportunity to highlight some of the efforts under way at Environment and Climate Change Canada to move forward on our commitment to support reconciliation with indigenous peoples, including through the implementation of the UN declaration. As a department, we are steadfastly committed to this important work.

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

Thank you, Madam Chair. Thank you, panel, for joining us.

I'm just picking up, Stefan, on your assertion that UNDRIP is an interpretative tool with respect to Canadian law. How important is the passage of Bill C-262 for this to be used under Canadian law, right now?

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

Would that improve or strengthen Bill C-262 if we decide at this committee to make that amendment to include policies and operational practices?

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

Thank you, Madam Chair, and I want to thank the witnesses for coming to testify on Bill C-262. Your presence is highly appreciated.

I want to continue on that very question that my colleague, Cathy McLeod, posed. The question we need to ask ourselves in response to that question is, in what way will Bill C-45 affect aboriginal treaty rights? I see very few ways that Bill C-45 will affect aboriginal treaty rights.

You referred to additional measures that would be required to further the implementation of the UN declaration above and beyond Bill C-262. I certainly agree with that. The Prime Minister, on Valentine's Day, made a speech in the House of Commons to which I responded. One of the things he talked about was that necessity to have a major shift in the political culture of Ottawa towards indigenous peoples and their fundamental rights. Joe referred to a “transformative shift”, and I agree with those terms.

Bill C-262 refers to making sure the laws of Canada are consistent with the UN Declaration on the Rights of Indigenous Peoples. The Prime Minister referred to laws, policies, and operational practices. Article 4 of my bill refers only to laws. Would you suggest we now add or amend that article to include policies and operational practices?

[Stefan Matiation]

The UN declaration is the declaration of the United Nations, and its role in Canadian law is to serve as an interpretive tool that courts can use in interpreting legislation and in interpreting Canadian law.

Bill C-262, in section 3, refers to the application of the UN declaration in Canadian law. That's consistent with the way courts can draw on international instruments, like the UN declaration, today as interpretative sources of guidance.

[Stefan Matiation]

Bill C-262 reinforces the government's commitment to implement the UN declaration.

[William Amos, Liberal, Pontiac, QC]

Thank you, Madam Chair.

Thank you to our witnesses. We appreciate the testimony and the written substance as well.

I'm interested in the intergovernmental dimension of this. Obviously, there are impacts. I have raised the question before. I would direct my questions to Mr. Wild and Ms. Stuhec.

How do you foresee the federal government's ability to implement legislation such as Bill C-262 and to implement it in a manner that recognizes that not all provinces are at the same point as the federal government in relation to this project towards reconciliation, or they are at different stages, or they have different interpretations? I'm particularly thinking about issues relating to land use management. Obviously, I represent Algonquin constituents in the riding of Pontiac, so my focus is in that context. I'm less focused on the north.

Could you comment on how we get to implementing the heart of what is intended in Bill C-262, recognizing that we don't have all of those levers related to land use planning or resource management?

[Hubert Lussier, Assistant Deputy Minister, Citizenship, Heritage and Regions, Department of Canadian Heritage]

Thank you, Madam Chair.

I also wish to begin by acknowledging that we're on the ancestral lands of the Algonquin Anishinaabeg. We thank the committee for the invitation to Canadian Heritage to provide information on Bill C-262.

My brief remarks will describe how currently Canadian Heritage addresses initiatives that align with the UN Declaration on the Rights of Indigenous Peoples. I will address indigenous languages which is raised in article 13 of the declaration, then cultural heritage issues as it relates in particular to articles 11 and 12.

In December 2016, before the Assembly of First Nations Annual General Assembly, the Prime Minister committed the government to enacting legislation to preserve, promote and revitalize indigenous languages. The Prime Minister also stated that the legislation would be developed jointly with indigenous peoples.

In June 2017, Canadian Heritage Minister Mélanie Joly joined National Chief Bellegarde from the Assembly of First Nations, President Obed from the Inuit Tapiriit Kanatami and President Chartier from the Métis National Council in announcing the launch of a process to co-develop this legislation.

Since that time, the four parties have been working diligently and collaboratively on the co-development of the legislation. I would like to add that those groups are not the only ones that will be consulted, of course. All rights holders will be included in the consultations.

By helping preserve and restore indigenous languages, Canadian Heritage is following through on the government's commitment to implement the Truth and Reconciliation Commission's calls to action in the spirit of reconciliation.

On the financial programming side of things, Canadian Heritage delivers the aboriginal language initiative. That component supports community-based, indigenous-led projects that focus on the revitalization, preservation and promotion of indigenous languages. The component's resources were increased from $5 million to $19 million in Budget 2017. Canadian Heritage also delivers a program component called northern aboriginal broadcasting, the purpose of which echoes article 16 of the United Nations Declaration on the Rights of Indigenous Peoples.

Articles 11 and 12 of the declaration include issues of access, preservation, and repatriation of cultural property and human remains, particularly those that are in the possession of the state. Currently, Canadian Heritage provides financial support to indigenous communities and eligible Canadian museums to assist communities to access, preserve, and transmit their heritage to future generations.

A modest amount of funding is also available to support such repatriation activities. The department is working on revising details of its funding programs in order to better address the needs related to repatriation to indigenous communities, for example, by expanding the kinds of institutions that are eligible under our program and by including different kinds of eligible expenses. Repatriation from public collections such as the national museums is undertaken directly by those institutions that operate at arm's length from the government.

In response to the Truth and Reconciliation Commission call to action 67, also in relation to this issue, the Department of Heritage is providing funding to the Canadian Museums Association to undertake, in collaboration with aboriginal peoples, a national review of museum policies and best practices to determine the level of compliance with the United Nations Declaration and to make recommendations.

This concludes my remarks.

[The Clerk]

Thank you, Madam Chair.

Good afternoon, everyone.

I would like to start by acknowledging that we are meeting here on the unceded territory of the Algonquin people.

Thank you very much for the invitation to speak today on Bill C-262. I will be focusing my comments on giving an update on the Government of Canada's efforts to ensure we're not hindering the implementation of indigenous rights, which include work to implement the United Nations Declaration on the Rights of Indigenous Peoples. At its core, the declaration affirms that indigenous peoples have the right to live, develop, and thrive according to their unique circumstances and priorities, that is, to determine their futures for themselves.

We've long worked to advance self-determination and improve indigenous well-being. For over 30 years now, there have been efforts driven by and grounded in section 35 of the Constitution Act, 1982, which section recognizes and affirms indigenous rights.

For example, the ongoing negotiation of modern treaties and self-government agreements advances the implementation of articles 3, 4 and 5 of the United Nations Declaration, which affirm the rights of indigenous peoples to self-determination and self-government.

Since 2015 we have also been engaged in recognition of indigenous rights and self-determination discussions. Through these discussions we have sat down with indigenous groups based on how they want to organize themselves and start from a place of recognizing their rights. We have ongoing rights recognition discussions with communities, travel councils, historic treaty groups, and Métis organizations, as well as other community-based organizations that are coming together to rebuild their nations on their terms.

Through these discussions we are exploring shared priorities that our indigenous partners raise. We come to the table without predetermined mandates and we work together to chart a path forward to achieving the outcomes that matter to indigenous communities. We are striving to build flexible arrangements, support indigenous communities in achieving self-determination on their terms that can evolve along with our relationships. Through this innovative process we are living out our commitment to co-development, which is reflected in article 18's declaration that indigenous peoples have the right to participate in decision-making about matters affecting their rights through their own representatives.

Working with self-determined groups to advance shared priorities, including nation building and governance, also responds to articles 3 and 9, which assert the rights of indigenous peoples to determine and belong to their own communities, nations, and political entities.

The declaration also makes repeated calls to respect the principle of free, prior and informed consent when making decisions that affect indigenous peoples.

Consistent with these calls, both section 35 and the duty to consult serve to protect indigenous rights from crown action, and reconcile the rights of indigenous peoples with those of wider society.

We still have work to do to implement the full scope of free, prior, and informed consent. Canada has established a whole-of-government approach to these obligations in response to court decisions and best practices established by federal departments and agencies to meet their specific needs.

These are just a few examples of the many ways that our work has been advancing and continues to advance the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

More recently the Government of Canada has taken bold new steps to lead collaborative efforts that support indigenous peoples' treaty rights and their inherent rights as recognized in section 35, while also meeting the objectives outlined in the UN declaration.

On February 14, the Prime Minister announced that the Government of Canada will develop a recognition and implementation of indigenous rights framework in full partnership with first nations, Inuit and Métis peoples.

To truly renew the relationship between Canada and indigenous people, the Government of Canada will make the recognition and implementation of rights the basis for all relations between indigenous peoples and the federal government.

This is at the heart of what the UN declaration aims to achieve, and the declaration is a foundational piece upon which we build the framework. While our work to date has gone considerable distances toward implementing elements of the declaration, we know that more work is required. The framework for the recognition and implementation of indigenous rights will provide the mechanisms necessary for all federal departments to fulfill the commitment to recognizing and implementing rights, facilitating a whole-of-government approach grounded in law and policy.

To determine the contents of the framework, Minister Bennett is leading a national engagement with first nations, Inuit, and Métis partners with a particular focus on women, youth, and elders. The engagement will also include industry, the general public, and our provincial and territorial partners to support a pan-Canadian commitment to the recognition and implementation of indigenous rights.

Make no mistake though, our partners in this process are the rights holders, not the stakeholders.

We will work in partnership with indigenous peoples to determine the shape of a renewed crown-indigenous relationship.

Through this process we are putting into practice Bill C-262's call to work in consultation and co-operation with indigenous peoples to implement their rights in Canadian law. What we are learning through engagement also builds on existing sources of knowledge such as the Report of the Royal Commission on the Rights of Indigenous Peoples, the Penner report, and the tireless work of many indigenous advocates.

To use the language of Bill C-262, this is our “national action plan” for advancing indigenous rights and achieving the objectives of the declaration. Based on early feedback, the recognition and implementation of an indigenous rights framework may include a number of elements such as: legislation to formalize the standard of recognition of indigenous rights as the basis for all government relations with indigenous people; a new policy that reflects the unique needs of first nations, Inuit, and Métis peoples to replace the current comprehensive land claims policy and the inherent right policy; reforming government policies and practices to support the implementation of treaties and self-government agreements; mechanisms to support the rebuilding of indigenous nations and governments and advance indigenous self-determination and the inherent right of self-government; creating new dispute resolution approaches to address rights-related issues, including overlapping territories, treaty implementation, and historic grievances, that move us from conflict to collaboration; tools to strengthen a culture of federal government accountability and to build greater trust between indigenous peoples and the federal government; and legislation to replace Indigenous and Northern Affairs Canada with two new departments that will better serve the distinct needs of first nations, Inuit, and Métis peoples.

These likely components represent preliminary thinking on what shape the framework will take but respond directly to key elements of the declaration. The goal is to chart a new way forward for the Government of Canada to work with first nations, Inuit, and Métis peoples and to end decades of mistrust, broken promises, poverty, and injustice.

Working together with first nations, Inuit, and Métis partners to define how we recognize and implement indigenous rights in federal law and policy is vital to overcoming the legacy of colonialism and re-building indigenous nations and governments. This transformative shift in our relationship will not happen overnight. We are working towards a longer term vision for a better Canada in which healthy, prosperous, self-determining, and self-governing indigenous nations are key partners.

This goal is echoed in Bill C-262, which will support us on the road to making the vision of the UN declaration a reality and fulfilling the promise of section 35.

We are committed to delivering real results that improve indigenous well-being and bring Canadians together in a more just society, so that we can continue on in our journey towards reconciliation.

Thank you.

I look forward to answering any questions you may have.

[Ana Stuhec, Acting Assistant Deputy Minister, Aboriginal Affairs Portfolio, Department of Justice]

Before I begin, I would like to recognize the Algonquin Nation on whose traditional territory we are gathering.

We would like to thank the committee for inviting the Department of Justice to appear today with respect to this private member's bill, Bill C-262. As you know, in May 2016, the federal government expressed its unqualified support for the United Nations Declaration on the Rights of Indigenous Peoples and committed to its full implementation, in partnership with indigenous peoples.

Since then, the government has taken many steps toward implementing the UN declaration, which have been highlighted on various occasions by the Minister of Justice as being a necessary component of the transformation that the federal government wishes to undertake in renewing its relationship with indigenous peoples.

Establishing the Working Group of Ministers on the Review of Laws, Policies and Operational Practices Related to Indigenous Peoples was a key step in this process.

In announcing the creation of the working group in February 2017, the Prime Minister indicated that its objective is to seek to ensure that the crown is meeting its constitutional obligations with respect to aboriginal and treaty rights, adhering to international human rights standards, including the United Nations Declaration, and supporting the implementation of the Truth and Reconciliation Commission's calls to action.

Further, in July 2017 the Government of Canada adopted and publicly released “Principles Respecting the Government of Canada's Relationship With Indigenous Peoples”. The principles are rooted in section 35 of the Constitution Act, 1982, and the UN declaration, and are informed by the report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission's calls to action. The principles, as well as the UN declaration, guide the review of the laws, policies, and operational practices and form a foundation for transforming how the federal government supports indigenous peoples and governments.

In carrying out its mandate, the working group has also heard from many indigenous leaders and organizations about their vision for how Canada should adopt and implement the UN declaration in full partnership with indigenous peoples. As explained by the Minister of Justice when she announced the government's support for Bill C-262 in November 2017, this bill broadly aligns with the government's commitment to implement the UN declaration and its commitment to transform the crown-indigenous relationship. It represents one critical aspect of the shift that must be made to transform indigenous-crown relations based on the recognition and implementation of indigenous rights.

Bill C-262 calls for the alignment of federal laws with the UN declaration. The bill's proposed approach, similar to the approach taken to date by the federal government, reflects an acknowledgement of the need to implement the UN declaration in co-operation and collaboration with indigenous peoples through a range of diverse measures, including legislative policy and administrative measures. The nature, scope, and type of approach taken in specific areas will necessarily vary.

The bill also reflects article 38 of the United Nations Declaration, which states the following:

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

For this reason, and as many have observed, the bill alone will not accomplish the full implementation of the United Nations Declaration. A comprehensive approach including additional efforts and measures to implement the United Nations Declaration is needed.

On February 14, 2018, the federal government took additional steps to advance this implementation. The Prime Minister delivered a statement on the recognition and implementation of indigenous rights in the House of Commons that confirmed the shift to a recognition of a rights-based approach to relations with indigenous peoples and committed to the development of new legislation and policy through a new recognition and implementation of rights framework.

The measures proposed in Bill C-262, as well as the important discussion the bill will generate before this committee and across the country, are part of accelerating the shift to recognition of rights-based relationships.

Madam Chair, we look forward to answering questions from members of the committee on this private member's bill, Bill C-262. Thank you.

[The Chair, Liberal, MaryAnn Mihychuk]

Welcome everyone. We have a very large crowd. I'm glad everyone's here. We are starting a new study, but before we get into the hearing itself, we have a bit of committee business to take care of.

Prior to that, I want to recognize that we are on the unceded territory of the Algonquin people. Part of a process that more and more Canadians are taking part in is recognizing the lands of our original peoples, where we hold public hearings or ceremonies, which is an important part of the process of truth and reconciliation.

Pursuant to order of reference on Wednesday, February 7, 2018, Bill C-262 an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, is the topic we are going to be discussing.

Before we get into presentations, I would ask the committee to have a look at the budget. We need to approve $1,700 to complete our lands study. It is moved by Mike and seconded by Gary that we approve it.

(Motion agreed to)

Thank you.

We have a full agenda, and we have many experts in the room. We want to hear from you. Many Canadians are interested in the topic, especially one of our members, Romeo Saganash, who is the presenter of the bill and is bringing it forward for Canada.

We are going to start with the Department of Justice. We have two representatives. The way it works is that you'll present for 10 minutes, then we will move to the Department of Indian Affairs and Northern Development, then to Canadian Heritage. Each group will have 10 minutes, after which we will go into rounds of questioning. I will give you signals for three minutes, then two minutes, if you need it for a heads-up for when to wrap up. If I go like this, it means you're time's run out, and you should please wrap up your presentation.

Thank you very much for your attention. We're going to start with the Department of Justice. We have Ana Stuhec and Stefan Matiation. I leave it up to you how you want to work the presentation.

Indigenous Affairs

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

Mr. Speaker, the second petition I wish to table today is from many people in my riding who support Bill C-262, which happily has passed the House. It it is important to the people in my riding that the bill be fully implemented.

Indigenous Peoples and Canada's Justice System

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

Mr. Chair, I welcome this opportunity tonight to discuss and learn about the experience of indigenous people within our justice system.

There is no question that indigenous people are grossly overrepresented in the system, and there are many varied opinions why this is. This evening's debate was precipitated by the unfortunate event in my home province of Saskatchewan, when a young aboriginal man by the name of Colten Boushie was killed. I am not going to go into any of the details, as I believe everyone knows about this court case.

I had the chance to meet Colten's mother and some of his family members today. I personally expressed my condolences to her, and in return, she said that I have a warm heart, and it is beating. I also learned of the racist attacks her friends and neighbours have faced over the last few days in Saskatchewan.

I believe Colten's mother, Ms. Baptiste, is watching the debate here tonight. It is my sincere wish that she can take some comfort in knowing that there are people here who are genuinely concerned about the well-being of the indigenous peoples of Canada.

As I said earlier, there are many options on the causes of the overrepresentation of indigenous people in our justice system. I believe one of the core elements is the educational system. Prior to entering politics, I was a school board trustee for many years, so I have first-hand knowledge of the educational barriers that face many first nation youth in my province and of the dismal graduation rates.

My wife Ann has over three decades of experience helping indigenous students reach their goals. She was a classroom and resource teacher. Now my daughter Courtney and my son Geoff have followed my wife's footsteps and are educators. They all have first-hand experience with first nation students in their classrooms. I believe the many hours of conversations, both at home and at board meetings, have given me a pretty good perspective on where we can improve in this area. In fact, as a member of the indigenous and northern affairs committee, I moved the following motion last November 28, 2017:

That, pursuant to Standing Order 108(2), the Committee undertake a comprehensive study of Indigenous education and graduation rates from secondary schools; that the scope of the study include standards for high school graduation, standard curricula, standard qualifications for educators and statistics for national graduation rates from reserve schools in comparison to Indigenous students off-reserve and also to non-Indigenous students; that the witness list include responsible Indigenous Services department officials, band councils, band members, Statistics Canada officials, First Nation organizations responsible for delivering education services such as First Nations Education Steering Committee, and community groups; and that the Committee report its findings to the House within twelve months of the adoption of this motion.

My motion has not been voted on yet, but I would like to take this opportunity to encourage all my committee colleagues to support this study. I would also say that I am encouraged by the Prime Minister's statement earlier today when he said, “Indigenous youth should not grow up surrounded by the things that place them at elevated risk for suicide, such as poverty, abuse, and limited access to a good education and good health care.”

I am a firm believer that an education is a powerful tool. It can open many doors, and I would like to see many more doors opening for Canadian indigenous children, not slamming shut behind them as they enter the justice system.

Just this afternoon, I had a conversation with Bobby Cameron, who is the chief of the Federation of Sovereign Indigenous Nations.

He explained that their intention with the inherent and treaty rights memorandum of understanding with the Saskatchewan Indigenous Cultural Centre, with the Office of the Treaty Commissioner, and the Saskatchewan School Boards Association is to educate and create more knowledge on the whole aspect of inherent and treaty rights as first nations people, to help curb some of the false attitudes and perceptions that some people have, and to make it mandatory for all high school students in Saskatchewan to take a hereditary treaty rights class in order to earn a grade 12 diploma.

He is absolutely right. Non-aboriginal peoples in this country also have to learn more about the rights of aboriginal peoples, which they are entitled to under our own Constitution. Anyone doubting this needs to only read section 35.

In the news release announcing the MOU, treaty commissioner Mary Culbertson said, “Education was the vehicle used to oppress first nations people”. Through education about the spirit, the intent, and the treaty relationship, “Reconciliation can be one day achieved (and) education will be the vehicle to take us there.”

Last week, I had the opportunity to speak at the second reading of Bill C-262, an act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples. During my comments, I noted that the Minister of Justice and Attorney General of Canada was chairing a cabinet committee reviewing Canada's laws, policies, and operational practices to ensure that the Government of Canada is fulfilling its constitutional obligations and implementing its international human rights commitments, including the UN Declaration on the Rights of Indigenous Peoples. The committee undertook this review a year ago, and to my knowledge, we have not yet seen a report. Let me just say it is a step in the right direction.

I am also encouraged by the comments made recently by Saskatchewan's new Premier Scott Moe and our justice minister, Don Morgan. They both agree that there are some serious and probably uncomfortable conversations that have to be had on racism, on rural crime, and on the justice system. Premier Moe stated:

We respect the decisions of the justice system and its independence.... But as we move forward it's incumbent on us as a government to have those very important, very challenging discussions with our aboriginal community in the province, and all of our communities in the province.

He went on to say:

I've been made aware of a number of comments that are racist. There's no place for that in the province of Saskatchewan.... This isn't an easy thing to talk about for anybody, but it's something we have to talk about.

Justice minister Don Morgan said:

...we want to hear from first nations leaders, but I think the comments that people are making, that they want to see more indigenous people involved in the system, is a fair comment.

He also said:

I think we're open to have those kinds of discussions with the federal government. ...we'd be willing participants....

As Conservatives, we are always interested in hearing from Canadians on ways in which we can improve Canada's justice system. We would welcome and carefully consider proposed legislation that would improve the justice system.

Finally, my remarks this evening have made reference to the province of Saskatchewan a number of times. I would like to assure everyone watching this take-note debate that these problems by all means are not limited to my home province. They are a national problem and they require a national plan to overcome them. It is the duty of all 338 of us, as representatives of the citizens of this country, in concert with the indigenous representatives, to work on these critical problems and find solutions.

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

Mr. Speaker, I think the basis of our work in all the things that we do, either from a policy perspective or a legislative perspective, needs to be based on the UN Declaration on the Rights of Indigenous Peoples. The norms contained in the UN declaration are the minimum standards for the survival of the dignity, well-being, and security of indigenous peoples in this place.

I am grateful that the government has supported Bill C-262, because that is the kind of basic framework we need in this country.

Rights of Indigenous Peoples

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, I would like to begin by recognizing that we are, as we are every day in the House, on the ancestral land of the Algonquin people.

Last September, I spoke before delegations from all over the world at the United Nations. I told them the harsh truths about the long and complex relationship that Canada has with first nations, the Inuit, and the Métis nation. I spoke about the colonial approach that led to the Indian Act, which is discriminatory and paternalistic.

It was a colonial approach that systematically ignored the history of the Métis nation and denied its people their rights and that in the name of Canadian sovereignty, forced the relocation of entire Inuit communities, starving individuals, uprooting families, and causing generations of harm.

I am sure that all members of the House are very familiar with these tragic events, but it is remarkable how much Canadians know about them.

I just finished a series of town hall visits in communities all across Canada. Everywhere I went, there was at least one person who wanted to know what our government is doing to combat racism, to help advance reconciliation, to improve the quality of life for indigenous peoples. There were questions about fishing rights, land claims, and pipeline approvals, questions about the national inquiry into missing and murdered indigenous women and girls, about clean water, and about the alarming number of indigenous children in foster care.

These were thoughtful questions, and it was immediately clear, every time these kinds of questions were asked, that the room leaned in to hear. This was, in part, a show of support for the people who stood up and asked some tough questions, but it was also a signal that these are questions that Canadians want answered, questions that strike right at the heart of who we are and what kind of country we want to be.

One of those questions is how we, as a government, recognize and implement the rights of indigenous peoples. We have seen those questions grow in number and intensity in just these past few days, as more and more Canadians come to grips with the fact that we have so much more work to do, more work to push back against the systemic racism that is the lived reality for so many indigenous peoples, more work to deal with the fact that too many feel and fear that our country and its institutions will never deliver the fairness, justice, and real reconciliation that indigenous peoples deserve.

There is also reason to be hopeful. Yesterday I had the honour of spending some time with Colten Boushie's family, with his mom, Debbie; cousin, Jade; and Uncle Alvin. Through all their grief and anger, and frustration, their focus was not on themselves and the tragedy they just endured, but on how we must work together to make the system and our institutions better, better for indigenous youth, for indigenous families, and for all Canadians.

We have a responsibility to do better, to be better, to do our best to make sure that no family has to endure what they went through.

The criminal justice system is just one place in which reforms are urgently needed. Reforms are needed to ensure that, among other things, indigenous peoples might once again have confidence in a system that has failed them all too often in the past. That is why we will bring forward broad-based concrete reforms to the criminal justice system, including changes to how juries are selected.

Obviously, indigenous peoples and all Canadians know that change is way overdue.

At the same time, some see our government's ambitious commitments with a certain degree of distrust. If we look at how things have been done in the past, it is difficult to honestly say that such distrust is not warranted.

After all, it is not as though we are the first government to recognize the need to make changes and to promise to do things differently.

Over 20 years have passed since the Royal Commission on Aboriginal Peoples called for the recognition of indigenous people as self-governing nations with a unique place in Canada. Over 30 years have passed since the Penner report and the first ministers’ conferences on the rights of aboriginal peoples.

Last year marked 35 years since aboriginal and treaty rights were recognized and affirmed through section 35 of the Constitution Act. The government of the day, led by my father, did not intend to include these rights at the outset. It was the outspoken advocacy of first nations, Inuit, and Métis peoples, supported by non-indigenous Canadians, that forced that government to reconsider.

Imagine what that must have felt like, to have fought so long, so hard, against colonialism, rallying their communities, reaching out to Canadians, riding the Constitution express, and in the end, to finally be recognized and included, to see their rights enshrined and protected in the foundational document upon which Canada's democracy rests.

Now, imagine the mounting disappointment, the all too unsurprising and familiar heartache, and the rising tide of anger when governments that had promised so much did so little to keep their word.

The challenge then, as now, is that while section 35 recognizes and affirms aboriginal and treaty rights, those rights have not been implemented by our governments. The work to give life to section 35 was supposed to be done together with first nations, Inuit, and Métis peoples, and while there has been some success, progress has not been sustained nor significant. Therefore, over time it too often fell to the courts to pick up the pieces and fill in the gaps. More precisely, instead of outright recognizing and affirming indigenous rights, as we promised we would, indigenous peoples were forced to prove time and time again, through costly and drawn out court challenges that their rights existed and must be recognized and implemented.

Indigenous peoples, like all Canadians, know that this must change, and we know this too. That is why we have been working hard for two years to renew our relationship with indigenous peoples, a relationship based on recognition of rights, respect, co-operation, and partnership. We are on the right track.

We endorsed the United Nations Declaration on the Rights of Indigenous Peoples without qualification and committed to its full implementation, including with government support for Bill C-262.

We engaged in new recognition of rights and self-determination negotiations, where the government and indigenous peoples work together on the priorities indigenous partners say are necessary to advance their vision of self-determination.

We signed agreements with first nations, Inuit, and the Métis nation, outlining how we will work together to identify each community's distinct priorities and how we will work together to develop solutions.

We established a working group of ministers to review our federal laws, policies, and operational practices to ensure the crown is meeting its constitutional obligations and adhering to international human rights standards, including the UN Declaration on the Rights of Indigenous Peoples.

To guide the work of decolonizing Canadian laws and policies, we adopted principles respecting Canada's relationship with indigenous peoples.

To preserve, protect, and revitalize indigenous languages, we are working jointly with indigenous partners to develop a First Nations, Inuit, and Métis languages act. We have made changes in order to recognize indigenous rights and traditional knowledge, as well as to make sure that indigenous peoples are more included when there are developments in their communities.

These efforts are an important start, but they are just a start. To truly renew the relationship between Canada and indigenous peoples, not just for today but for the next 150 years and beyond, we need a comprehensive and far-reaching approach. We need a government-wide shift in how we do things. We need to both recognize and implement indigenous rights, because the truth is, until we get this part right, we will not have lasting success on the concrete outcomes that we know mean so much to everyone.

Indigenous peoples in Canada should be able to drink the water that comes out of their taps. They should be able to go to sleep in homes that are safe and not overcrowded. Indigenous children should be able to stay with their families and communities where they are known and loved. Indigenous youth should not grow up surrounded by the things that place them at elevated risk for suicide, such as poverty, abuse, and limited access to a good education and good health care.

All of these things demand real, positive action, action that must include and be grounded in the full recognition and implementation of indigenous rights. We need to get to a place where indigenous peoples in Canada are in control of their own destinies and making their own decisions about their futures.

Today, I am pleased to announce that the government will develop, in full partnership with first nations, Inuit, and Métis people, a new recognition and implementation of indigenous rights framework that will include new ways to recognize and implement indigenous rights. This will include new recognition and implementation of rights legislation. Going forward, recognition of rights will guide all government interactions with indigenous peoples. The contents of the framework that we build together will be determined through a national engagement led by the Minister of Crown-Indigenous Relations and Northern Affairs with support from the Minister of Justice.

Earlier, I cited many reports and a number of previous studies and consultations. I can appreciate that some would see any future consultation as just another hindrance to the struggle for the self-determination of indigenous people. Let us be clear: no matter how responsible, well-intentioned, or thoughtful it is, a solution coming just straight out of Ottawa will not do much good.

We understand that indigenous peoples are looking forward to beginning the considerable work themselves to rebuild their nations and their institutions. As a government, our work is to support First Nations, Inuit, and Métis peoples and to work in partnership with them to establish the framework and provide them with the tools they need as they lead the way, together with all Canadians.

We will also be engaging the provinces and territories, non-indigenous Canadians, people from civil society, industry, and the business community, and the public at large, because all Canadians have a stake in getting this right. While the results of this engagement will guide what the final framework looks like, we believe that, as a starting point, it should include new legislation and policy that would make the recognition and implementation of rights the basis for all relations between indigenous peoples and the federal government moving forward.

This framework gives us the opportunity to build new mechanisms to recognize indigenous governments and ensure the rigorous, full, and meaningful implementation of treaties and other agreements. With this framework, we have a chance to develop new tools to support the rebuilding of indigenous communities, nations, and governments, and advance self-determination, including the inherent right of self-government.

This framework could establish new ways to resolve disputes so that collaboration becomes the new standard and conflict the exception rather than the rule. By including tools that oblige the federal government to be more transparent and accountable, we can build greater trust between indigenous peoples and government.

Lastly, with this new framework, we will be able to better align Canadian legislation and policies with the United Nations Declaration on the Rights of Indigenous Peoples, which the government wholeheartedly supports.

We believe that a framework that includes measures such as this one will finally act on many of the recommendations made by the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission of Canada and set out in countless other studies and reports over the years.

Some may worry that this ambitious approach may require reopening the Constitution. That is not true. In fact, we are finally fully embracing and giving life to the existing section 35 of the Constitution. We will replace policies like the comprehensive land claims policy and the inherent right to self-government policy with new and better approaches that respect the distinctions between first nations, Inuit, and Métis peoples. This will give greater confidence and certainty to everyone involved.

The federal government's absence over generations in recognizing and implementing indigenous rights has resulted in social and economic exclusion, uncertainty, and litigation, when our shared focus should have always been on creating prosperity and opportunity for everyone. Better opportunities for indigenous peoples and certainty for indigenous youth are precisely what we hope to achieve through this framework.

Engagement will continue throughout the spring, but it is our firm intention to have the framework introduced later this year and implemented before the next election.

This is work not only for the government, but for this Parliament as well. There will be committee work, witnesses, and vigorous debate in both chambers.

The history of Canada’s relationship with indigenous peoples transcends all governments. The Indian Act was passed in this House, as was section 35. Now, as a Parliament, we have the opportunity, and in fact the responsibility, to finally implement section 35.

We all know that we cannot erase the past. We cannot recover what was lost. What we can do, what we must do, is to commit to being better and doing better. As a start, let us do what the Constitution Act, 1982, has required us to do for almost 40 years.

We will work together to do away with legislation and policies built to serve colonial interests. We will work together as we follow through on our commitments to build a new and better relationship.

Indigenous Canadians and all Canadians are ready for change, ready for a new relationship based on recognition, rights, respect, co-operation, and partnership. With a recognition and implementation of rights framework, we can build that new relationship together. It will not be easy, nothing worth doing ever is, but it will be worth it. It will be worth it because we will have taken more steps toward righting historical wrongs. It will be worth it because we will have replaced apathy with action, ignorance with understanding, and conflict with respect. We will have laid the foundation for real and lasting change, the kind of change that can only come when we fully recognize and implement indigenous rights.

Together we will take concrete action to build a better future, a better Canada, for indigenous peoples and for all Canadians.