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.

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

Since the adoption or patriation of the Constitution Act of 1982, we live in this country in what the Supreme Court calls a “constitutional supremacy”. Since 1982 we have have moved from parliamentary supremacy to constitutional supremacy. The Supreme Court has confirmed over the years that even in your own areas of jurisdiction, federal and provincial, those jurisdictions are not absolute because, among other things, aboriginal rights exist. I think Bill C-262 is one of the ways to move forward on reconciliation in this country.

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

Thank you, Madam Chair.

I want to go back to my last question because the answer wasn't clear. In some ways, at least for me, it was disturbing.

One of the problems we encountered when we enshrined section 35 of the Constitution Act in 1982 was that the concept of aboriginal rights was so large and broad that, most of the time, we ended up in court because we couldn't agree on what was contained in section 35. At least with the United Nations Declaration on the Rights of Indigenous Peoples, it's pretty clear what those rights are. Those rights are fundamental human rights. I don't understand why anybody wouldn't accept them or why anyone would have to engage and consult.

My fundamental human rights are not up for debate. They exist. The UN Declaration confirms that the rights enshrined in the UN Declaration are inherent—they exist because we exist as indigenous peoples. It shouldn't be a problem for any government, especially if the government committed and promised and accepted all of the calls to action made by the Truth and Reconciliation Commission.

If you read it carefully, under the heading, “Reconciliation” in that report, where it calls for action, there are two calls for action—43 and 44. Number 43 calls on the Government of Canada, the provinces, the territories, and the municipalities to fully adopt and implement the UN Declaration on the Rights of Indigenous Peoples as the framework for reconciliation in this country. It's pretty clear and you've accepted that. Why is it such a problem to say yes to a bill proposing to do exactly that? Bill C-262 proposes to implement calls to action 43 and 44.

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

Thank you, Madam Chair.

I want to refer to the report produced by Mary Simon. I think it's a pretty good report, with important recommendations with respect to housing in particular. In her concluding remarks she talks about the noteworthy signposts that have happened from the Constitution Act of 1982, Canada's endorsement of the UN Declaration on the Rights of Indigenous Peoples, the Truth and Reconciliation Commission, and the commitment of your government to implement the that commissions calls to action. She says in her remarks that “these advances must become both roots and branches in a new Arctic Policy Framework”. I would suggest that these advances must also become the roots and branches of any future policy development of your government, any future legislation of your government, because the rights enshrined in the UN declaration, as you know, are considered to be the minimum standards for the survival, dignity, and well-being of indigenous peoples in this country.

If you are true to your commitment to adopt and implement the UN declaration, I think we need to be clear about it. I asked you this question about a year and a half ago. Maybe you weren't prepared to answer it, so I'll take this opportunity to ask it again a year and a half later. We need to do away with that confusion of not responding clearly to questions about the UN declaration's call for free, prior and informed consent.

I have proposed a legislative framework. It's Bill C-262, which I introduced in April last year. It would provide that legislative framework as recommended by the Truth and Reconciliation Commission, as your leader proposed during the last election and recommitted to after being elected. Will your government, yes or no, support Bill C-262?

Yukon Environmental and Socio-economic Assessment Act

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

Mr. Speaker, let me start with Bill C-262.

Members may recall that last year the Truth and Reconciliation Commission issued its report, and 94 calls to action. There are two fundamental calls to action that are important in that report, which are calls to action 43 and 44. Both relate to the United Nations Declaration on the Rights of Indigenous Peoples, as do some 14 other calls to action.

Call to action 43 calls upon the Government of Canada, the provinces, the territories, and the municipalities to fully adopt and implement the UN Declaration on the Rights of Indigenous Peoples as the framework for reconciliation in this country. That is why I say that those are the two fundamental and key calls to action. We cannot implement the rest of the 94, if we do not implement call to action 43, because that is the fundamental one.

I overheard the Liberals during the last campaign promising to adopt and implement the UN declaration. Bill C-262 does exactly that. It will implement the promise of the Liberals. I am just trying to help here.

With respect to free, prior and informed consent, I think it is an important concept that is already in our constitutional law. It is already in Canadian law. For many years, many rulings from the Supreme Court of Canada have spoken of the need to obtain consent from indigenous peoples before development takes place. The latest one was the ruling on the Tsilhqot'in case, in which the Supreme Court referred to the concept of consent of indigenous peoples in some 11 paragraphs and referred to the concept of control of lands, territories, and resources in some nine paragraphs. Therefore, the concept of consent is already in Canadian law. My bill, Bill C-262, will just confirm that is already law in this country.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I would like to congratulate my colleague, the Indigenous and Northern Affairs critic for the NDP, for his excellent speech, and for connecting the dots between Bill C-17 in Yukon and what is being achieved, and what 40 years of experience with the Cree–Naskapi and the northern Quebec agreement has achieved in terms of certainty there. I was intrigued by the connection that was made and the lessons that have been learned, which the hon. member emphasized.

What I would like to ask the member specifically is in relation to his Bill C-262, which, of course, would address the need to enshrine a review under section 35 of the Constitution for indigenous rights, just as we routinely do for our Charter rights. I would like to ask about the notion of free, prior, and informed consent. Would this bill, which includes the three governments, federal, provincial, and Yukon first nations, on the board of the YESAA statute, achieve the free, prior, and informed consent that is required, since they co-drafted the bill and are on the actual board, for example, in respect of a specific project? In other words, does that pass muster? Would the kind of bill that we have before us today be consistent with the principles of the hon. member's bill on free, prior, and informed consent that will soon be before Parliament?

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

Charmaine, I will also tell you that I understand. As I hear you, I understand you. Thank you. Your story affects my heart, and I understand you. It's highly thought of and you are doing well.

I thank you for speaking the Cree language in this setting. Thank you very much for doing so.

[English]

Madam Chair, those were just words of thanks for allowing Charmaine to speak in Cree. It's nice to hear my language here. Although I didn't understand 100%, I got a good 75% of what she said. I think it's an important recognition on the part of the chair and this committee to allow Charmaine to speak in her language, so thank you for that.

I want to go on. Dawn, you spoke about the UN Declaration on the Rights of Indigenous Peoples, and I want to take the opportunity to mention that I do have legislation before the House stating that, as a legislative framework in any future legislation and policy development, we should act in accordance with the UN Declaration on the Rights of Indigenous Peoples, which is coming up for debate some time in September, on the 10th anniversary of the adoption of the UN declaration.

I invite your organization to endorse Bill C-262, as many other organizations have, and even many non-indigenous municipalities have, and as the Truth and Reconciliation Commission has called for.

You spoke about jurisdiction. UNDRIP also contains a statement on access to our own resources for our own development, which I guess is part of your mandate to promote economic development for the communities. That framework is important. When a government endorses an instrument like the UN Declaration on the Rights of Indigenous Peoples, every policy development or legislation should use that as a framework, and I invite the government to do that.

“Reconciliation” is a word that was used by the Supreme Court way before the Truth and Reconciliation Commission of Canada was established. Back in 1984, in the Haida Nation case, the Supreme Court talked about reconciliation, and this is what the Supreme Court had to say:

Treaties serve to reconcile pre-existing Aboriginal sovereignty with assumed Crown sovereignty, and to define Aboriginal rights guaranteed by s. 35 of the Constitution Act, 1982.

Those are the words of the Supreme Court of Canada, not mine. Do you agree that should be the basis of our discussion in this country?

[Sylvia Johnson]

The Métis have always been left out and virtually ignored. We have no resources and a lack recognition as indigenous people, other than saying under section 35 that we are part of the three indigenous groups.

But things are improving for us. The Métis Nation of Alberta signed an MOU with the Minister of Indigenous Affairs, Carolyn Bennett, last week. With those kinds of positive things going forward, we are very pleased to be involved, hopefully, with Bill C-262. Of course, we want to be involved. We have recommendations that we want to bring forward. We're also going to put forward our paper. This was a small introduction to us, but with the lack of resources and the lack of recognition we are hoping that our people in the future will have a lot more validation and a lot more things coming their way.

Thank you for that question. It's very important.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Thank you, Chair, and thank you to our witnesses who are here today. Thank you for your powerful testimony, and to Ms. Johnson as well, who's joining us on the phone.

Obviously, our committee is looking for some very concrete recommendations that we can put forward to the government with respect to suicides on first nations and in Métis communities. One of the recommendations we've heard far and wide, not just with respect to tackling suicides but also more broadly in terms of wellness and moving forward with a new relationship with first nations and indigenous communities, is the need to adopt and implement the UN Declaration on the Rights of Indigenous Peoples. That's the legislation put forward by my colleague and our indigenous affairs critic, Romeo Saganash. It's actually Bill C-262, and it also reflects the calls to action of the Truth and Reconciliation Commission.

I understand that Grand Chief Littlechild has also communicated with my colleague's team with respect to this important piece of legislation.

My question for you, Ms. Herrera, and for you, Chief Bear, is how important is it to move forward with adopting and implementing the UN Declaration on the Rights of Indigenous Peoples? Do you see this as a way of establishing a solid relationship with first nations and indigenous communities, decolonizing the relationship that exists? Do you see this as having positive impacts for the next generation of indigenous youth?

Hobiyee Celebration

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, February marks the beginning of the Nisga'a nation's new year. The Nisga'a Ts'amiks Vancouver Society hosted the Hobiyee festival at the PNE in Vancouver East in celebration of the waxing crescent moon this weekend. Hobiyee is celebrated wherever Nisga'a people live.

Over 650 performers from eight large first nations dance groups came to celebrate the strength, beauty, and diversity of indigenous cultures. It was a magnificent sight to behold: to feel the beat of the drums, to see the silhouettes of the dancers, and to listen to the power of the traditional songs. Hobiyee in Vancouver allows aboriginal peoples living in a concrete jungle to connect with their culture and traditions. Chief Joe Gosnell opened the festival.

The Nisga'a people's journey to reclaim their right to self-govern exemplifies the first people's resilience. As we celebrate our nation's 150th birthday, would it not be something if Parliament also adopted Bill C-262, the UN Declaration on the Rights of Indigenous Peoples act?

New beginnings, Hobiyee.

The UN Declaration on the Rights of Indigenous Peoples

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

Mr. Speaker, in its call to action 43, the Truth and Reconciliation Commission of Canada called on federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples.

This summer, I had the great privilege of travelling around the country to speak to Canadians about Bill C-262, the legislative framework for reconciliation that I am proposing, and I can attest to their undeniable enthusiasm.

In fact, reconciliation concerns every one of us. As we approach Canada's 150th anniversary, is it not time to do more than just talk? Should we not also take action?

I am pleased to hold up as an example the noble gesture of the City of Val-d'Or, which passed a resolution in support of Bill C-262 on September 6.

Like Val-d'Or and many other Canadian communities, let us work together to ensure that there is justice for indigenous peoples because that will help lead to reconciliation.

Indigenous Affairs

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

Madam Speaker, this morning, Algonquin elders, supported by community members, are gathering on this Hill to remind parliamentarians of a sacred place near here.

The Algonquins have asked politicians at all levels to respect our rights regarding important matters that affect our community, and yet the Zibi development project continues ahead.

The government has committed to a new nation-to-nation relationship, so I would ask again, when will the government honour its promises and commitments to indigenous peoples, and move forward by supporting Bill C-262 to adopt and implement the UN declaration?

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

Mr. Speaker, last month in New York, the Liberals promised to fully implement and adopt the UN Declaration on the Rights of Indigenous Peoples. The TRC's call to action number 43 calls on the government to do the same.

Here is the good news. Bill C-262 would implement both that promise and that call to action.

The question becomes very simple. Will the Liberals support my bill or will that become just another broken promise?

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

Mr. Speaker, yesterday and today the Minister of Indigenous and Northern Affairs reiterated her government's intention to endorse the UN Declaration on the Rights of Indigenous Peoples. However, the government is rather short on details as to what that will look like.

I am pleased to inform you, Mr. Speaker, that the work has already been done. My bill seeks to adopt and implement the declaration. The question therefore is very simple.

Will the government support Bill C-262? A yes or no will suffice, by the way.

United Nations Declaration on the Rights of Indigenous Peoples Act

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

moved for leave to introduce 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.

Mr. Speaker, I am greatly honoured to rise in this House to introduce this bill to harmonize the laws of Canada with the United Nations Declaration on the Rights of Indigenous Peoples.

As members know, a central component of the Truth and Reconciliation Commission's calls to action is to use the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. Therefore, if this bill is adopted, that would provide the legislative framework for a national reconciliation that is long overdue in this country. This would entail a collaborative process to ensure that federal laws are consistent with the declaration, and a national plan of action.

I am deeply honoured to introduce this bill.

In the Truth and Reconciliation Commission's recommendations and calls to action, call to action 43 states that governments should adopt and fully implement the United Nations Declaration on the Rights of Indigenous Peoples, and that is what this bill sets out to do.

I remember the first question I asked in the House of Commons. It was addressed to the Minister of Indigenous and Northern Affairs. She thanked me for the work I have done on this bill over the past four years.

She also asked all members of the House to help with the work of reconciliation. Today, I am showing how I can help.

(Motions deemed adopted, bill read the first time and printed)