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.

[Dr. Mary Ellen Turpel-Lafond]

First of all, we all know how hard fought it was to add the rights to into the Constitution Act in 1982 in section 35, as well in section 25 of the charter. Unfortunately, the history of the last 40 years has been one where indigenous peoples have had to fight hard for the recognition of their rights, including recognition of their title.

A lot of that jurisprudence has been really hard because, for some of us who have been involved in those cases, the Crown has taken a very adversarial and hostile approach to the existence of the rights of indigenous peoples, and it has been a challenge. Section 35 of the Constitution Act is a very important provision that indigenous people fought hard for. While it has been interpreted mostly by courts, where there are no indigenous people present, those rights are very important.

The declaration as an international instrument is there to assist us to have a better discussion about the right of indigenous people in section 35, because the declaration brings good information and value in terms of what the standards, principles and rights should be.

In my view, the declaration is a way of interpreting our constitutional rights that gives us a better set of understandings of how to frame issues for indigenous people. I know that the national chief has spoken a lot about the issues of racism and discrimination.

If we look at article 2 of the UN declaration, which says that indigenous people have rights like all other human beings, including the right to be free from discrimination, I'm sure no one on this committee would disagree with that, but that isn't expressed very clearly in our charter or in our Constitution and needs to be reinforced, because we have seen very much, for instance during this pandemic, how much systemic discrimination and racism indigenous people are experiencing.

The Constitution of Canada is there. Those rights are there. They are important, but the declaration provides through this bill an opportunity to promote a more reconciliation-focused approach to get away from the highly conflictual, adversarial approach and to shift to recognition of rights. It's extremely valuable legally, but it does not in any way take away from the constitutional rights of indigenous people, and there is a non-derogation clause in Bill C-15. The national chief has tabled some suggestions on how that should probably be strengthened to better reflect Bill C-262 based on the concerns of first nations. There is delicate balancing when we implement international laws, and Bill C-15 does support that.

[National Chief Perry Bellegarde, Assembly of First Nations]

Thank you, Chair, and thank you to all of the committee members for agreeing to the 15-minute time.

[Witness spoke in Cree]

[English]

That was just a little bit in Cree for my friends and relatives.

I'm very happy to be here with all of you.

I used one of my spirit names, King Thunderbird Child. That is one of the names I carry. I'm from Little Black Bear First Nation and Treaty 4 territory in southern Saskatchewan. I gave thanks to the creator for this beautiful day and I acknowledged as well the Algonquin peoples here in the Odawa territory, where I'm sitting and working from today, their ancestral lands.

Chairman Bratina and honourable committee members, thank you so much for this opportunity.

I also want to acknowledge Mary Ellen Turpel-Lafond, who is with me on this presentation, and Willie Littlechild as well. I acknowledge them and thank them for their work.

Our Assembly of First Nations has long supported the adoption of a clear and strong legislative blueprint to advance the implementation of the United Nations declaration.

I appeared before this committee three years ago to support the adoption of Bill C-262, the private member's bill brought forward by Romeo Saganash, so I'm very pleased to now speak in support of a government bill that builds on the foundations of Bill C-262.

The Assembly of First Nations chiefs-in-assembly have passed numerous resolutions calling for the full implementation of the declaration. These resolutions included support for the adoption of Bill C-262.

When a filibuster prevented Bill C-262 from coming to a final vote in the Senate, where it did have sufficient support to be passed, our Assembly of First Nations chiefs-in-assembly passed a resolution in December 2019 calling for a government bill as strong or stronger than Bill C-262. That's my mandate. That's the direction the chiefs of Canada gave me as national chief: to get a government bill that's as strong as Bill C-262.

Bill C-15 meets that test. Bill C-15 provides a principled and pragmatic path forward to ensure that Canada respects and upholds fundamental human rights that have been affirmed and reaffirmed by the international community many times through consensus resolutions of the UN General Assembly.

I want to emphasize that the declaration did not create new rights, and neither does this proposed new bill. They also do not impinge on or detract from any inherent or treaty rights.

When I testified before this committee about Bill C-262, I felt very strongly that a collaborative and coordinated approach to implementing the declaration was critical to closing the social and economic gap facing first nations people.

Today, I am even more convinced that implementation legislation is the right way forward. I also applaud the work of elected officials in other jurisdictions who have taken steps to implement the United Nations declaration and note the chiefs' work with British Columbia in achieving the unanimous passage of a law in the Legislative Assembly of British Columbia on November 28, 2019.

Given the deep racism and discrimination that first nations still face every day, Bill C-15's critical commitment to combat all forms of discrimination makes this bill both timely and urgent. I have seen how in B.C., with the implementation of the declaration, important work has been undertaken to address the racism against indigenous peoples in the health care system, using the standards in the declaration to bring people together in the health care system.

Now, we know that every bill can be improved. Since the tabling of Bill C-15, we have heard critiques and suggestions for improvement—most importantly, from indigenous peoples ourselves. Some AFN regional chiefs and first nations leadership have appeared before you and have identified areas for improvement from their regional perspectives. You should listen carefully to those positions. In Canada, some first nations are in support of Bill C-15 and some are against Bill C-15, while others support it with amendments.

What I am tabling today is a contribution from the Assembly of First Nations that constitutes some relatively straightforward suggestions for improvements. These are intended to respond to the overall objective of first nations to make the bill stronger and clearer. So this is indeed an historic moment.

The Truth and Reconciliation Commission of Canada looked closely at the UN declaration and concluded that the declaration was “the framework for reconciliation at all levels and across all sectors of Canadian society.” They set that out as their first principle of reconciliation. That's how important the declaration is as a source of guidance and as a foundation for action.

Canadians have embraced the cause of reconciliation; implementation legislation is crucial to bringing that commitment to life.

With the improvements we've tabled, Bill C-15 will better enable us to move forward in a collaborative and coordinated way, consistent with first nations treaty and inherent rights and Canada's legal obligations.

I'd like to review those 12 improvements right now.

Number one is preamble clause 6. It's our recommendation that this provision is not accurate and should be deleted.

Number two is preamble clause 8. It's our recommendation that the word “racism” be added to this clause. Racism is a critical daily concern for first nations, and we believe strongly that it should be named.

Number three is preamble clause 9. It's our recommendation that the paragraph include explicit reference to the doctrines of discovery and terra nullius, and to be clear that, as the Supreme Court of Canada said in the Tsilhquot'in Nation case in 2014, these doctrines should not be part of the law or policies of Canada.

With regard to clause 2(2), it's our recommendation that the non-derogation clause be revised to more accurately reflect the working of the UN declaration, article 37, the previous approach in Bill C-262, and wording has been provided for you to consider.

Number five, it's also recommended that you consider adding two new clauses in the interpretation section, clause 2, to avoid any confusion or misinterpretation on some matters of great importance to first nations. The first of these two new clauses is clause 2(4):

For greater certainty, the rights of Indigenous peoples, including treaty rights, must be interpreted flexibly so as to permit their evolution over time and any approach constituting frozen rights must be rejected.

This provision is important because we cannot permit interpretation of treaty rights or any of the rights of indigenous peoples as frozen in time. Approaches that reflect stereotypes and old ideas, especially on treaty rights, must be overcome as an ongoing obstacle to moving forward.

Number six, and the second of the two new clauses, is 2(5):

For greater certainty, nothing in this Act is to be construed so as to diminish or extinguish the rights of Indigenous peoples, including treaty rights.

This provision makes it clear that extinguishment of the rights of indigenous peoples is not acceptable under any circumstances and cannot be part of Canada's laws or policies. Indigenous peoples have been subject to policies that sought to extinguish our rights and identities, such as the residential schools and other unilateral crown policies. Extinguishment is a systemic barrier to reconciliation that Canada must permanently and clearly reject.

Number seven, it's our recommendation that the subtitle for clause 4 or the purpose section is incorrect and it should be titled “Purposes”. Romeo Saganash spoke to this issue in his appearance on March 11. This is an obvious grammatical problem, but could lead to inaccurate interpretation in the future and should be fixed, as it has been flagged by first nations as a concern. I urge you to correct this at this study of the bill by committee members.

Number eight, in this same clause, it's recommended that the word “framework” be removed. As acknowledged in the preamble of this bill, the UN declaration itself is the framework, and reference to other frameworks simply cause confusion.

Number nine, I also note that the reference to the “Government of Canada” in the purpose clause 4 must be removed because Canada's obligation extends not just to government, but to Parliament, and this wording as it currently reads is inaccurate. The phrase “Government of Canada” could simply be removed, and I recommend you do that as we show in the table submitted.

Number 10, it is recommended that the time frame set out in clause 6 for the action plan be reduced from the three years to two years. Implementation is already long overdue. Canada should have begun implementing the declaration when it was adopted as a global minimum standard in 2007. Canada has been committed to implementing the declaration without qualification since 2017. I don't think it's necessary to wait another three years.

Number 11—which is similar to the preamble provision in number eight—the recommendation is to add the word “racism”. This word also must be added to paragraph 6(2)(a), as the wording is tracked in both parts of the bill.

Finally, number 12, I recommend that the words “implement”, “implementing” and “implementation” be used in the bill only in relation to implementing the declaration. For all other uses, I recommend that expressions like “carry out” be substituted, and you will see those suggestions in the table attached. If I have missed other examples, as the First Nations Leadership Council of British Columbia has indicated in their submission to you, I recommend that we adopt those recommendations to ensure that the entire bill is corrected, so that “implementation” is only used in relation to implementing the declaration.

Bill C-15 deserves the support of this committee and the support of all members of Parliament and senators. In my view, the improvements we have brought forward are modest and reasonable, and I urge you to adopt them when your committee gets to that part of your deliberations.

To conclude, I want to be very clear. The AFN is eager to see Bill C-15 move forward to final votes in the House of Commons and the Senate as soon as possible. First nations leaders and legal experts like Chief Littlechild poured their heart and soul into the creation of the declaration. They did this for a reason. They went to the United Nations year after year for more than two decades because they saw this international human rights instrument as key to building a new relationship with Canada.

Canadian government officials were also active participants through that long process at the United Nations. In fact, Canada deserves a lot of credit for helping to build support among other states so that the declaration could be finalized and adopted. This is something that we accomplished together and something that Canadians can be proud of. Yet, despite what was accomplished, more than 13 years have passed now since the declaration was adopted by the UN General Assembly, more than 13 years since the UN proclaimed the declaration as “the minimum standards for the survival, dignity and well-being of the indigenous peoples [in all regions] of the world.” In this time we have had expressions of support for the declaration from federal, provincial, territorial and municipal governments of all political stripes.

Canada has been part of numerous consensus resolutions at the UN committing to domestic implementation. Canada has made commitments to the indigenous peoples of the world that it would implement the declaration. It's time to complete this and make good on these commitments by working together. Canada has added the commitment to implement the UN declaration into the text of other laws passed by Parliament, including important bills on the inherent right of self-government in relation to child welfare and indigenous languages. What we still lack, however, is the legislation that implements the declaration and sets us on a course of recognition of rights and provides a framework for reconciliation, as the TRC wisely called for action. Bill C-15 provides that path. It's important for first nations, and I believe it is important for all Canadians to seize this opportunity now. We need to hear the words “royal assent” before the end of June.

Thank you. Kinanaskomitinawow.

[Paul Joffe]

Paragraph 4(a) is critical because, first of all, there is a problem with 4(a). It says “The purpose of this Act is” and it has paragraphs (a) and (b) That is not one purpose. That goes below the standard in Bill C-262 that Romeo Saganash emphasized. It should be “The purposes of this Act are” and then you have paragraphs (a) and (b).

Paragraph 4(b) leads to the action plan. Paragraph 4(a) is an independent statement. It has application in Canadian law. Different courts, provincial courts and federal courts have already applied the UN declaration without this bill. Quebec has. Ontario has in a number of cases. That's both in provincial courts and also federal courts.

This goes to the very essence of the bill. There is no doubt that the UN declaration has application, because it does in many countries, even without a law.

Some people say it could lead, as I heard today, to unintended consequences. Every bill can be interpreted and one can say there could be unintended consequences, but it's pretty clear in the jurisprudence how it's evolving. It is evolving in Australia. In New Zealand there are many cases relying on the UN declaration. Indonesia even has an important case on the UN declaration.

I see that as a core provision, but “the purpose” should be changed to “purposes are”. It was never meant to have one purpose.

[Paul Joffe, Lawyer, As an Individual]

Good afternoon, honourable committee members.

I'm speaking from Saint-Lambert, Quebec, which is on the traditional territory of the Mohawk people.

I wish to acknowledge the crucial work of former MP Romeo Saganash. As confirmed by the federal government, Romeo's private member's bill, Bill C-262, serves as the floor, but not the ceiling, in moving forward with Bill C-15. We must now build upon the standards of Bill C-262.

Indigenous peoples in Canada continue to face human rights violations. These include, inter alia, racism and other forms of discrimination; dispossession of lands, territories and resources; impoverishment; lack of essential services; food insecurity; missing and murdered women and girls; and forced assimilation and destruction of cultures and languages. In too many instances, intergenerational trauma from residential schools continues to be experienced. It's time for real change.

In this context, it is worth noting that, to date, the UN declaration has been reaffirmed at least 10 times by the UN General Assembly by consensus. No state in the world formally opposes this human rights instrument. This reinforces its significance and legal effect.

I would like now to address the meaning of free, prior and informed consent—or FPIC—as affirmed in the UN declaration, particularly in the context of proposed developments in indigenous peoples' territories. With respect to FPIC, the term “free” means there must be no coercion or manipulation. “Prior” means that consent must be obtained in advance of the activity being approved. “Informed” means that information must not be withheld, misleading or inadequate. Without these three FPIC elements, there would not be valid consent in international law or Canadian law.

FPIC and other provisions in the UN declaration are relative and not absolute. Article 46(3) of the declaration includes one of the most comprehensive balancing provisions in any international human rights instrument. It states:

The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

These are the same core principles as in the Canadian and international legal systems. These are also the same principles that have been denied to indigenous peoples throughout history.

FPIC is not the same as veto. The term “veto” is not used in the declaration. Veto implies complete and absolute power, regardless of the facts and law in any given case.

FPIC is also gaining support in the corporate sector in Canada and internationally. For example, in its 2019 guidebook, the Canadian Council for Aboriginal Business advises to “Commit to meaningful consultation, building respectful relationships, and obtaining the free, prior, and informed consent of Indigenous Peoples before proceeding with economic development projects.”

As well, the UN Global Compact—the world's largest corporate responsibility initiative with over 12,000 companies in over 160 countries—has expressed strong support for indigenous peoples in its comprehensive business reference guide on the UN declaration. It states:

FPIC should be obtained whenever there is an impact on indigenous peoples’ substantive rights (including rights to land, territories and resources, and rights to cultural, economic and political self-determination).

Respecting human rights cannot reasonably be held up as an impediment to economic development. This legislation will lead to improved relationships, greater certainty and less litigation.

Currently Canada is demonstrating global leadership by implementing a federal bill on the UN declaration; however, some key revisions to Bill C-15 are still required. For example, I would urge adding racism to the eighth preamble paragraph and to the action plan in subparagraph 6(2)(a)(i).

Overall, Bill C-15 is a positive catalyst for co-operation, justice, healing and mutual respect.

Thank you.

[Chief Ghislain Picard]

I would be of the opinion that we certainly have the right to review our position, reassess our position, in light of the current political context. Since BillC-262, what have we experienced? This is where I go back to the position of provinces. We all know that at least six jurisdictions have expressed concern, going back to last fall, and before that, as the federal government was getting ready to introduce Bill C-15 in December.

At the time, what we also had in that evolving political context, if you will, was the Province of Quebec challenging a bill that was co-developed with first nations, which is Bill C-92. It's the same for Bill C-91. This is where we expressed, in my view, very legitimate concerns in terms of making sure that Bill C-15.... And, again, I want to restate the fact the UN declaration poses no concerns when it comes to our first nations. It's how we—

[Leah Gazan, NDP, Winnipeg Centre, MB]

I say that because I know that, with Bill C-262, the AFNQL adopted a unanimous resolution in support of it. We now have on the table—and I'm a New Democrat talking about a Liberal bill here—Bill C-262, now called Bill C-15, yet there are now all these alarm bells being raised even though we know both bills are similar. I find that concerning, particularly with the fact that you commented on the preamble.

I know there has been criticism of the preamble of Bill C-15 as not being legally binding and a means to confuse and mislead indigenous peoples and nations. That's one of the things that have been quoted. We know this is a totally inaccurate understanding of the role preambles play in legislation, especially in light of how the federal Interpretation Act, article 13, defines the legal effect of a preamble. It states:

The preamble of an enactment shall be read as a part of the enactment intended to assist in explaining its purport and object.

That's the federal Interpretation Act with respect to legislation. I am wondering where the concerns are coming from about the preamble not having legal effect with respect to Bill C-15.

[Regional Chief Terry Teegee]

Well, I think what you're speaking of are some of the projects that existed pre Bill 41. Sadly, it isn't retroactive in terms of the decisions that were made many years ago. Rather, it's forward looking.

This being a bill that was born out of Bill C-262—and certainly we appreciate Romeo Saganash's work on this private member's bill—I really believe that this is a place where we can change that relationship in terms of recognizing human rights, indigenous rights and our ability for our sovereignty and self-determination. I believe that. Here in British Columbia, we have been and are right now working on the alignment of laws and the action plan. It has been well over 15 months.

With this bill and our experience here in British Columbia, if it does pass, we need to start the action plan as soon as we can—within 18 months, not three years—and we need the resourcing for this to make sure that it's fully implemented the way it is meant to be, as when this was first passed many years ago, in September 2007. I think that is what we're trying to do here in British Columbia.

The point I'm trying to make is that here in British Columbia there was no real instruction or manual on how to implement this. We've developed a process, and now it's working.

[Regional Chief Terry Teegee, Regional Chief of Assembly of First Nations (British Columbia), BC First Nations Leadership Council]

Mahsi cho.

[Witness spoke in Dene]

[English]

Members of Parliament, first of all, I want to acknowledge the territory that I am on, the Lheidli T'enneh Dene people of the Dakelh territory near Prince George, British Columbia. I want to also acknowledge the territories that you are broadcasting or attending this meeting from: that they are indigenous lands and have always been indigenous lands since time immemorial.

I want to thank the committee for the invitation to offer some remarks. I am honoured to speak on the topic of federal legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples. This marks a significant turning point in the history of this country and follows a historic occasion in the province of British Columbia. On November 28, 2019, the Declaration on the Rights of Indigenous Peoples Act, DRIPA, passed unanimously in the B.C. legislature with support from all parties in British Columbia.

DRIPA was widely supported by first nations in British Columbia. It represents a sea change from the provincial government's tradition of denying and opposing our titles, rights and existence as distinct peoples and an acceptance of the Truth and Reconciliation Commission call to action 43 “to adopt and implement the...Declaration...as the framework for reconciliation”.

This was a turning point in B.C. While much hard work lies ahead, we are starting to see a shift toward the human rights-based approach required by the declaration.

As an example, last fall the B.C. government commissioned a comprehensive review of anti-indigenous racism in the provincial health care system, promoting article 24 of the declaration and affirming indigenous peoples' rights to access to health care without discrimination.

Historic and recent events demonstrate the imperative for concrete measures to address racism in our society and the responsibility of the public governments to act. The United Nations declaration is a global human rights instrument, and human rights cannot be fully enjoyed where there is racism and discrimination.

The anti-indigenous racism and discrimination that continue today underscore the appropriateness of the human rights-based approach to reconciliation. Reconciliation cannot be based on denial of rights or racism. This is inherently contradictory and incompatible with upholding human rights.

Bill C-15, with the improvements, is an important next step in Canada's implementation of the declaration. It is a long overdue pathway for change, predicated on respect for human and inherent rights and the repudiation and eradication of racist and colonial constructs and doctrines that have no place in this country or our relationships.

The preamble is important, as it speaks to our collective history in Canada and the legacy of colonialism that has had tragic and profound impacts on first nations across the country, underscoring the need for the United Nations declaration to apply in Canada.

The bill must be clear that Canada is repudiating the doctrines of advocating superiority, like the doctrine of discovery and terra nullius. All interpretations of indigenous rights from an era based on colonial denial cannot continue. It must also be clear that implementation of the United Nations declaration is a responsibility of all in government to take actions and ensure consistency of laws as required under article 5.

Further, it is imperative that the co-operation and consultation carried out under the bill reflect the constitutional relationship between the Crown and indigenous peoples and key standards of the declaration, such as free, prior and informed consent. The bill must clarify and specify mechanisms and a plan needed for achieving consistency of laws. The new pathway will see laws of Canada shift to be more inclusive and respectful of the rights and our unique relationship and see new actions and approaches of partnership and participation.

Bill C-15 will complement the B.C. declaration act and contribute to the strengthened foundation of Crown-indigenous relations and reconciliation in B.C. where treaties were not concluded throughout the province and the land question remains largely outstanding, as does the implementation of pre-Confederation Douglas treaties.

The implementation of the declaration through laws and action by both Canada and the Province of B.C. will be a strong foundation for innovation and principled negotiations, improving and expediting the negotiation and conclusion of robust, enduring rights-based treaties, agreements and other constructive arrangements in British Columbia.

The work of upholding and protecting indigenous human rights is urgent, particularly during a global health pandemic, when human rights are vulnerable and unordinarily impacted. The urgent need to respect and promote the inherent rights of indigenous peoples is stated in the preamble. There are many actions that can and must be taken immediately and not delayed. This should be reflected in the time frames in the bill.

Chiefs in British Columbia have indicated that they believe this legislation meets the floor of the former Bill C-262, although they have identified areas where improvements are needed to address some drafting issues that may cause confusion and to reinforce issues of importance, such as those I have referred to here. We have provided you with a written table of our recommended improvements. We are happy to make ourselves and our technical staff available to further brief you, should you wish for more information regarding our position.

I thank you for the time today to speak in support of Bill C-15.

Mahsi cho.

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

Thanks for the question.

For all of those who have been fighting to have Canada formally acknowledge the important work of so many Canadians, like Grand Chief Willie Littlechild, at the UN for so long, I think this is an exciting time to have it declared and to supplement the understanding of section 35 rights, and to have that clarity that allows people to go forward.

We know that Romeo Saganash's Bill C-262 went through the full parliamentary process and was passed in the House of Commons. It was stalled in the Senate.

I think the kinds of engagements that Minister Lametti has undertaken have been extraordinary. There were over 70 virtual sessions. There were so many bilateral sessions with national indigenous organizations.

Particularly—Adam, you would love this—with young indigenous law students and the young indigenous leaders, they took what is a static declaration and improved the legislation so that two-spirited people and gender-diverse people, the diversity within indigenous communities here in Canada, are now reflected in both the preamble and in the body of the bill.

We've ended up with a better bill. We will continue to do the work. Then we will have to have three years to develop a serious action plan to make sure that all the laws of Canada are in keeping with that bill.

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

Kwe kwe, unnusakkut, tansi, hello, bonjour.

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

Mr. Chair, it is an honour to appear again before this committee today, to discuss my department's supplementary estimates (C), as well as its 2021-22 main estimates.

I am appearing with my colleague the Minister of Northern Affairs, and supported by our officials, led by Deputy Minister Daniel Quan-Watson.

The COVID-19 pandemic has presented challenges to everyone in Canada, especially people living in first nations, Inuit and Métis communities. The priority of indigenous leadership has been to keep their people safe.

From the very beginning, our government has been there to support first nations, Inuit and Métis communities through the fight against COVID-19, with daily calls with the three ministers. We are so grateful for the truly amazing public servants who are working 24-7. We'll be there as we work towards the recovery and building back better—socially, economically and environmentally.

Reconciliation and self-determination are essential to a strong recovery and represent the core of my mandate. No one wants to go back to normal. We now have the opportunity to bring all Canadians with us as we accelerate the progress to self-determination and support indigenous communities as they implement their own visions for the future.

Our commitment to advancing reconciliation and accelerating self-determination is reflected not only in the estimates being considered today but in everything we do on a day-to-day basis. The 2020-21 supplementary estimates (C) reflect a net increase of $138.6 million for CIRNAC, which brings the total budgetary authorities for 2020-21 to $6.9 billion.

Some of the key priorities that funding from the supplementary estimates (C) will support include the implementation of the Métis government recognition and self-government agreements, the implementation of Canada's collaborative self-government fiscal policy, engagement to support the introduction of Bill C-15 and the coordination and implementation of the national action plan on missing and murdered indigenous women and girls, two-spirit and LGBTQQIA+ people.

Notably, the $35.6 million to implement the Métis government recognition and self-government agreements signed with the Métis Nation of Ontario, the Métis Nation of Saskatchewan, and the Métis Nation of Alberta will support their visions of self-determination and their ability to determine their own political, economic, social and cultural development. The $8.2 million for fiscal transfer agreements with self-governing indigenous governments will support ongoing funding to these governments, as well as enforcement activities under the Teslin Tlingit Council Administration of Justice Agreement.

In addition, $5.2 million is assigned to support the engagement process of Bill C-15. The current version of the bill, built on the momentum and support from indigenous groups for the former private member's bill of Romeo Saganash, Bill C-262, is a reflection of our ongoing engagement with indigenous partners. Moving forward on Bill C-15 is the right thing to do, and I look forward to working closely with all of you during your examination of the bill over the next few weeks and on potential further improvements to the bill. We are grateful for your prestudy.

The funding of $2.6 million over three years for missing and murdered indigenous women and girls, two-spirit and LGBTQQIA+ people will help ensure that survivors and family members can continue to meaningfully participate in the development and ongoing implementation of the national action plan. The MMIWG secretariat, led out of CIRNAC, will provide support to the national family and survivors circle to ensure that it is included, supported and connected with all the working groups and at the very centre of the process.

The 2021-22 main estimates for Crown-Indigenous Relations will be approximately $4.7 billion. While this reflects a net decrease of $189 million, or 4%, compared with last year's main estimates, this is mainly due to the anticipated settlement of claims. Also, as you know, main estimates do not reflect the additional funding made available throughout the year through the supplementary estimates and cannot ever be viewed as a complete picture of intended spending.

In closing, I know you all agree that the top priority of this government during this difficult time has been the safety and physical and mental health of all Canadians, including first nations, Inuit and Métis people and especially their elders. I'm proud that even in these extraordinary times, our government has continued to advance reconciliation, right wrongs and accelerate self-determination for indigenous peoples in Canada.

Meegwetch. Qujannamiik. Marci. Thank you.

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

Thank you.

To go back to Romeo, I know that one of the conversations we had throughout Bill C-262 was the issue of veto, and the same types of concerns are raised here. Does Bill C-15 represent a veto with respect to FPIC? Maybe you can comment on your position as you outlined previously.

[Romeo Saganash]

First of all, Bill C-15 is pretty much similar to Bill C-262. I think the engagement we've done around Bill C-262 was pretty much thorough throughout the country. I've met with indigenous and non-indigenous communities in town halls to explain Bill C-262 and to explain what the UN declaration is all about, and I've answered the questions or concerns that people had about Bill C-262 at the time.

I can tell you that throughout my travels across the country, I did not leave one town hall, whether indigenous or non-indigenous, where people were opposed to Bill C-262 or the UN declaration. That work, I think, is a legacy in going forward with Bill C-15. We calculated that the indigenous organizations and communities that adopted resolutions of support for Bill C-262 represented approximately one million indigenous individuals in this country. That engagement has been extensive and it was comprehensive, and I think that's a legacy we can take on in moving forward with Bill C-15.

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

Thank you, Mr. Chair.

First off, let me begin by acknowledging that I am speaking to you from the unceded lands of the Algonquin people in Ottawa.

I want to thank the panel, and particularly my good friend Romeo Saganash. We dearly miss him in Parliament, but I know he's not that far away when we need to reach him.

Thank you, Romeo, for your enormous leadership.

I was able to witness your work around Bill C-262 from the time you introduced it to the time it passed the House, and the enormous work you put into it. I want to thank you for that and, of course, the work leading up to it with the development of UNDRIP.

I want to get a sense from you, Romeo, about the type of engagement you did leading up to Bill C-262. You were on this committee before, and when we travelled as a committee to many parts of Canada, people would come up and say, “Romeo, you came here this summer. You talked to us.”

You had extensive engagements throughout the process of Bill C-262. Can you maybe give us a sense of how deep that was throughout the time that you were developing this bill?

[Dr. Sheryl Lightfoot, Canada Research Chair in Global Indigenous Rights and Politics, University of British Columbia, As an Individual]

Thank you very much, Mr. Chair.

Good morning to those on the west coast, and good afternoon to those of you further east.

I want to open by acknowledging the lands of the Algonquin people where the hearing is physically being held, then also the lands of the Musqueam people where I have the privilege to work and live and where I am currently sitting joining you virtually this morning.

I'm Anishinabe, from Lake Superior Band of Ojibwe. I am Canada research chair and professor of global indigenous rights and politics at the University of British Columbia.

I had the honour to appear before this committee three years ago, in April 2018, when Bill C-262 was being debated in Parliament. Along with many other first nations scholars, advocates and community members, I, of course, was deeply disappointed by the failure to pass that bill into law.

However, I'm very pleased to be with you here today in hopes that Parliament can soon correct this historic failure and pass Bill C-15. I want to thank you for the invitation to appear today.

International human rights instruments like the UN declaration are developed with the intention that they will be implemented in domestic contexts and in full. In legal human rights scholarship, there is often talk about rights ritualism. In short, this means that states say one thing in the international arena, the human rights arena, and then do something else at home.

In my own academic work as a political scientist, I've observed a pattern that I have referred to as “selective endorsement”. What this means is that some states have attempted to water down the rights in the UN declaration, accepting only some of them for implementation and then self-selecting out of other rights. This is simply not morally acceptable to pick and choose human rights that one will respect while others are left behind.

I want to point out that rights ritualism and selective endorsement, as phenomena, are not limited to any one government or any one political party. Governments of all political stripes have repeatedly broken their promises to indigenous peoples. Treaties have been violated and Supreme Court judgments are at times reinterpreted and occasionally ignored, all the while portraying Canada as a global model for democracy and human rights.

Of course, many out there wonder if Canada is really serious about reconciliation. I've heard some very frustrated indigenous people say, reconciliation is dead.

What are we to do? Do we give up, or do we continue to try to find better tools?

I'm strongly in favour of the implementation model that Romeo Saganash created when he first brought forward Bill C-641 and then Bill C-262 to Parliament. This model, which is the foundation for Bill C-15, has a number of elements that I think are crucial.

First of all, it requires collaboration with indigenous peoples. It also requires concrete action including legal reform and, as has been discussed, the creation of an action plan, and it requires public reporting and accountabilities.

A large part of my own scholarly work involves looking at the comparative experiences of indigenous peoples around the world. I feel that Bill C-15 is advancing the global conversation and setting a very positive example for other states.

When we look around the world, we can see that a number of states have undertaken legal and policy measures to implement the declaration. As was mentioned in the first hour, committee members have heard about the national action plan process being developed in New Zealand, for example.

In addition, several countries in Africa have also implemented national legislation and policies to operationalize their commitments to the declaration. Constitutional reforms have also been an essential step, and Latin America has been especially proactive in this area.

National courts, from Belize to Botswana, Canada, Chile, Colombia, Guatemala, Kenya, Mexico and the Russian Federation have all cited the declaration in legal decisions nationally.

National human rights institutions in countries like Indonesia, Malaysia, Namibia, the Russian Federation and the United States have used the declaration as a framework for monitoring the implementation of indigenous peoples' rights at the national level. The declaration is also being implemented regionally, and examples here include the European Union and the Organization of American States, the African Commission and the African Court on Human and Peoples' Rights. The Inter-American Court of Human Rights has also drawn substantially from the UN declaration.

For more than a decade now, the declaration has been used to set guidelines and standards on the international level. A number of organizations have developed policies and/or guidelines to align with it. For example, and my colleague Professor Gunn mentioned some of these as well, the UN Development Programme, the World Bank, the Inter-American and Asian development banks and UNESCO. Various UN agencies and programs have addressed indigenous peoples' rights as they relate to business practices and commercial activity as well. International treaty bodies for the conventions that were signed are also increasingly utilizing the UN declaration in their assessments of compliance, therefore making the declaration legally binding through those treaties.

Quite simply, Bill C-15 represents the best approach to human rights implementation that I have seen from around the world, bringing all of these various elements together. Passing Bill C-15 into law will set a genuinely positive example for the rest of the world community. I know that other governments and indigenous peoples in other regions of the world are watching this process very closely.

Last week my colleague, Joshua Nichols from the University of Alberta and I published an opinion piece about the unfinished business of reconciliation. The Supreme Court has recognized reconciliation as a constitutional imperative. As Professor Nichols and I wrote, the court meant something much more profound and challenging than simply trying to get along. Reconciliation is about putting inherent rights and title into meaningful practice. As we said in the article, “Up to now, federal, provincial and territorial governments have largely left this crucial work in the hands of the courts. This has been a mistake.”

[Romeo Saganash, As an Individual]

Thank you, Mr. Chair, and good morning.

Good morning to other committee members. Thank you for the invitation to appear at this committee and make some opening remarks before we go into questions.

To date, the United Nations Declaration on the Rights of Indigenous Peoples has been reaffirmed by the UN General Assembly at least 10 times by consensus. That means it was done without a vote. So we can say safely today that no state in the world presently opposes the United Nations Declaration of the Rights of Indigenous Peoples. That's what it means.

Last December the UN General Assembly highlighted that the declaration, “has positively influenced the drafting of several constitutions and statutes at the national and local levels and contributed to the progressive development of international and national legal frameworks and policies.”

The UN declaration affirms, as Professor Gunn mentioned, a wide range of economic, social, cultural, political, spiritual and environmental rights. These rights are inherent, or as we say, pre-existing. So it is urgent for Canada to finally respect and implement those rights in federal legislation.

I am pleased that Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act, is based on my own private member's bill, Bill C-262, and goes further, as a matter of fact, in certain instances. In my countless meetings and conferences across Canada, Bill C-262 received widespread support from indigenous peoples and the general public. It wasn't easy tabling a private member's bill. My first bill on the UN Declaration, Bill C-641 was tabled in December 2014. It was defeated on second reading in April of 2015. In April 2016, I tabled a new and stronger Bill C-262. The House of Commons passed the bill at third reading on May 30, 2018. However, a filibuster by a few senators killed the bill in June of 2019, just a couple of days before the passing of my mom.

Therefore, I fully support Bill C-15 being tabled by the federal government in the House in early December 2020. Government bills can proceed more efficiently, I believe, before the House and the Senate. Bill C-15 confirms the declaration as the minimum standards for the survival, dignity and well-being of indigenous peoples. I would add security to that list. The bill must be implemented in Canada, as preambular paragraph 2 says.

As a survivor of Indian residential schools, I'm especially pleased that Bill C-15 acknowledges in its preamble the calls to action of the Truth and Reconciliation Commission and the calls for justice by the National Inquiry into Missing and Murdered Indigenous Women and Girls, both of which call for the implementation of the UN declaration.

In reviewing Bill C-15, we see that it is important to underline that its 17 preambular paragraphs have significant legal effects. They add important content to the seven operative positions in the bill and they must be fully considered. For example, doctrines of superiority—preambular paragraph 9—which include discovery and terra nullius, are condemned as racist and legally invalid. All forms of colonialism—preambular paragraph 10—are also rejected, and the Government of Canada has committed to advancing relations based on such principles as justice, equality, non-discrimination and respect for human rights.

In the preamble, paragraph 11 emphasizes the urgent need to respect and promote the inherent rights of indigenous peoples. The Supreme Court of Canada has also affirmed our inherent and pre-existing rights in section 35 of the Constitution Act of 1982.

In the preamble, paragraph 12 of Bill C-15 asks that the Government of Canada recognize that all relations with indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the inherent right to self-government.

As indicated in the two international human rights covenants, Canada has an affirmative obligation to recognize and respect our right to self-determination. This obligation has existed, as you know, Mr. Chair, since 1976 when Canada ratified the two international covenants.

In my introductory remarks, I would also like to emphasize two current problems with the current text of Bill C-15. First, in some instances, the English and French versions are not compatible, and this is a problem that must be immediately redressed.

A second problem is in section 4 of the act. As currently drafted, it erroneously conflates two distinct and separate purposes as a single purpose that appears to solely relate to the actual plan. This is patently incorrect and would not be consistent with C-262.

Section 4 should therefore read:

The purposes of this Act are

Followed by (a) and (b).

I think my time is up.

I'm looking forward to the questions from the members of the committee.

Thank you, Mr. Chair.