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.

[Prof. Brenda Gunn]

I think practically, and you're in a better position to know how government works than perhaps I am, there was nothing. There were, of course, challenges that we see. We all put in a lot of time and effort into Bill C-262. It had made it through the House. It had made through many steps of the Senate as well. I think we had all anticipated it successfully entering into law. We all had to shift gears when it quickly died in the Senate.

I think reformulating an approach after that happened took time. I think importantly the reason why we can't just do an action plan first is that the UN declaration under rules in Canadian law does have relevance already and is being used by the courts. I think we want to as much as possible have a coordinated approach. While it's important for the UN declaration to be able to used in litigation where necessary, we don't want to rely on that.

I think I would flip the question to say, if we don't move and clarify this recognition of the application in Canadian law, we're leaving it to the courts to have that interpretation. It leads to more uncertainty and irregularities, for example, between the provincial courts and sometimes what we're seeing in the federal courts.

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

Thank you, Mr. Chair.

We've heard a number of people reference the action plan today, so I want to go to Ms. Exner-Pirot and just quickly ask the following question.

My understanding is that the bill as it is now requires an action plan, as did Bill C-262, but the bill does not require the action plan to include any targets and/or deliverables. Professor Gunn, in her comments earlier, referenced a lost three years on the action plan since 2018. She also talked about that as the time and place to sort out many of the issues.

To me, it looks like maybe New Zealand has figured this out. They're doing the heavy lifting and putting their action plan in place before they implement the legislation.

Ms. Exner-Pirot, can you maybe explain, from your organization's perspective, what the value of putting the action plan before the legislation might be in addressing some of the uncertainty that you talked about in your investors?

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

[Witness spoke in Northern Michif]

Hello, my name is Brenda Gunn. I live in Winnipeg and my family is from the Red River.

I am Métis, and, as noted by the chair, I am an associate professor at the University of Manitoba Faculty of Law. I have worked in both international and constitutional law, including the application of international human rights law in Canada, for almost 20 years now. I've developed a handbook on implementing the UN declaration and I've done many presentations on the UN declaration and how to begin implementing it domestically.

Today, I am speaking from Treaty 1 territory and the homeland of the Métis nation, my home territory. I want to acknowledge also the Algonquin people, as the House of Commons is located on unceded Algonquin territory.

Thank you for the invitation to be here today. I am very grateful to be here and I want to acknowledge my co-panellist as well.

I will start by saying that on March 22, 2018, I sat before this committee, invited to present on Bill C-262. As I prepared for my presentation today, I was wondering what I should say, thinking about what has changed and evolved over the past three years. I kept returning to the same thought: it is devastating that we have lost these three years, three years that could have been spent developing a national action plan building on the work of the Truth and Reconciliation Commission and the national inquiry, three years where indigenous peoples have continued to have lower socio-economic and health outcomes than other Canadians. Three years is a long time. In fact, it's a lifetime to my daughter.

I support this legislation because I think it is an important step toward reconciliation, toward recognizing inherent human rights, toward a fairer and more just Canada for all.

When speaking about the UN declaration, and why I believe it to be the framework for reconciliation, I often highlight four key preambular paragraphs that I'm going to read out to all of you now.

The first is, “Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such”.

The second is the UN is “Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests”.

The third is the UN is “Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith”.

Finally, the fourth is that the UN “Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect”.

What these four preambular paragraphs tell me is that in Canada we need to stop believing in mythologies that recognizing the rights of indigenous peoples is going to somehow tear Canada apart. We have to accept that we are broken, that indigenous peoples have paid too high a price for the development of Canada for too long. We have to accept that the only way to reconcile is to recognize the rights of indigenous peoples and shift from a colonial relationship to a relationship based on justice, democracy, respect for human rights, non-discrimination and good faith.

With this understanding of why we have a UN declaration, and its significance in Canada, I want to just highlight one key aspect to the substantive rights included within the UN declaration. Specifically, I want to note that the UN declaration includes economic, social and cultural rights in areas such as language rights, education, health care, housing and economic development, all of which are critical to the exercise of civil and political rights.

Under the international human rights system, there is no hierarchy of rights.

Under Bill C-15, a national action plan that can be developed is critical to ensure that economic, social and cultural rights receive the same level of attention and consideration as political and civil rights.

During the prolonged debate over Bill C-262 there was unfortunate fearmongering that claimed that it introduced uncertainty, highlighted concerns around indigenous peoples' right to free, prior and informed consent, and implied that indigenous peoples might try to stop all resource development projects from proceeding.

From my perspective, these so-called concerns highlight the need for a better grasp of the UN declaration in Canada and the need for a coordinated effort to implement the UN declaration into Canadian law in a way that builds upon the over 20 years of international human rights jurisprudence on which the UN declaration is based. Canada was very slow in turning its support toward the UN declaration. There is a lot of work to do. We've lost a lot of time and now is the time for action.

While Bill C-15 is not going to resolve all problem and tensions between indigenous peoples in Canada, it can be part of the solution. Bill C-15 includes some critical steps toward developing a plan to implement and realize indigenous people's inherent rights. It includes important accountability measures to ensure Parliament puts words into action. It addresses some of the misunderstandings of the application of the UN declaration in Canada.

Marsi. Thank you. I look forward to your questions.

United Nations Declaration on the Rights of Indigenous Peoples Act

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

Mr. Speaker, I appreciate my friend's intervention today, but I fundamentally disagree with his approach, because a lot of what he said is what we heard during debate on Bill C-262. Members will recall that Bill C-262 was stalled at the Senate by Conservative senators. As a result, the hard work of former member of Parliament Romeo Saganash, in essence his life's work, did not pass in the last Parliament.

The consultation that he and many others did during that process was unprecedented. Essentially, with the member for Winnipeg Centre in many cases, he went community to community to do the consultations. Bill C-15 is built on the work of Bill C-262. The consultation has been extensive. It is never perfect, but it has been extensive.

On the discussion with respect to the premiers, and with the greatest respect to our provincial and territorial counterparts, it is worth noting that there has been 13 years to implement that essential human rights legislation. Sadly, many jurisdictions have not taken that step forward. One notable exception is British Columbia, which has implemented it in a fairly successful way—

[David Lametti, Liberal, Minister of Justice]

moved that Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to speak to the second reading debate on Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

Before I get into the substance of the bill, I would like to remind the House that it has taken decades of work to get to where we are today.

Negotiations and discussions have been taking place at the United Nations for over 20 years. Many Canadian indigenous leaders, speaking on behalf of the indigenous people of the world, have been strong advocates for a human rights instrument that would take into account the unique experiences and historical situations of the world's indigenous peoples.

I must acknowledge the tremendous efforts of parliamentarians and indigenous leaders in Canada who have proposed legislative frameworks for the implementation of the declaration since it was adopted by the United Nations in 2007.

I especially want to recognize the efforts of our former colleague Roméo Saganash, who introduced private member's Bill C-262 in the last Parliament. This bill was read and studied in quite some detail. His efforts brought us to this point and remind us of the constructive discussions that contributed to the drafting and presentation of Bill C-15. I thank Mr. Saganash.

Bill C-15 and our endorsement of the UN declaration are intended to renew and strengthen the relationship between the Crown and indigenous peoples, a relationship based on recognition, rights, respect, co-operation, partnership and reconciliation.

It is also part of a broader work to make progress together on our shared priorities for upholding human rights, affirming self-determination, closing socio-economic gaps, combatting discrimination and eliminating systemic barriers facing first nations, Inuit and Métis peoples.

The United Nations Declaration on the Rights of Indigenous Peoples is an international human rights instrument that affirms the rights that constitute the minimum standards for the survival, dignity and well-being of indigenous peoples. It includes 46 articles that affirm a broad range of collective and individual rights, including rights related to self-determination and self-government; equality and non-discrimination; culture, language and identity; lands, territories and resources; and treaty rights, among others.

The declaration also recognizes that the situation of indigenous peoples varies from region to region and country to country. As such, it provides flexibility to ensure rights are recognized, protected and implemented in a manner that reflects the unique circumstances of indigenous peoples across Canada. This means that implementation of the rights it describes must respond to the specific and unique circumstances in Canada.

In Canada, both the Truth and Reconciliation Commission in 2015 and the National Inquiry into Missing and Murdered Indigenous Women and Girls in 2018 called upon governments in Canada to fully adopt and implement the UN declaration in partnership with indigenous peoples. We heard these calls, and in 2016 the Government of Canada endorsed the declaration without qualification and committed to its full and effective implementation.

We have been making significant progress on the implementation of the declaration on a policy base. While we have done this, Bill C-15 would create a legislated, durable framework requiring government to work collaboratively with indigenous peoples to make steady progress in implementing the declaration across all areas of federal responsibility. This reflects the sustained transformative work that the Truth and Reconciliation Commission and so many others have repeatedly told us is required to truly advance reconciliation in Canada.

Some of the declaration's principles are already included in several Canadian laws, policies and programs, such as section 35 of the Constitution Act, 1982, the provisions of the Canadian Charter of Rights and Freedoms on the right to equality, and the protections against discrimination in the Canadian Human Rights Act.

Working within Canada's legal framework, the Government of Canada has also taken measures to better reflect the declaration in federal policy and legislation, such as the recent initiative, An Act respecting First Nations, Inuit and Métis children, youth and families, and the Indigenous Languages Act. Bill C-15 represents another important step forward. By working in co-operation and partnership with indigenous peoples, we are creating new opportunities to dismantle colonial structures, establish strong, lasting relationships, close socio-economic gaps, and promote greater prosperity for indigenous peoples and all Canadians.

I would like to turn now to the key elements of Bill C-15.

The bill makes a number of important statements in the preamble by acknowledging the importance of the declaration as a framework for reconciliation, healing and peace; recognizing inherent rights; acknowledging the importance of respecting treaties and agreements; and emphasizing the need to take diversity across and among indigenous peoples into account in implementing the legislation.

The preamble also specifically recognizes that international human rights instruments, such as the declaration, can be used as tools to interpret Canadian law. This means that the human rights standards they outline can provide relevant and persuasive guidance to officials and courts. While this does not mean that international instruments can be used to override Canadian laws, it does mean that we can look to the declaration to inform the process of developing or amending laws and as part of interpreting and applying them. This principle is further reflected in section 4, which affirms the Government of Canada's commitment to uphold the rights of indigenous peoples and the declaration as a universal human rights instrument with application in Canadian law. Together, the objective of these acknowledgements is to recognize existing legal principles and not give the declaration itself direct legal effect in Canada.

The bill also includes specific obligations intended to provide a framework for implementing the declaration over time. By requiring the Government of Canada to, first, take measures to align federal law with the declaration in clause 5; second, to develop an action plan in consultation and co-operation with indigenous peoples in clause 6; and third, to report to Parliament annually on progress in clause 7, Bill C-15 proposes a clear pathway to stronger, more resilient relationships between the government and indigenous peoples.

Bill C-15 would also contribute to our efforts to address discrimination, socio-economic disparities and other challenges on which we continue to make progress. By mandating a collaborative process for developing a concrete action plan on these and other human rights priorities, we should see an improvement in trust and a decrease in recourse to the courts to resolve disputes over the rights of indigenous peoples.

I would now like to talk about how Bill C-15 was developed. This bill was the result of our collaboration and consultation over the last several months with indigenous rights holders, leaders and organizations. Using the former private member's bill, Bill C-262, as a starting point in these discussions, we worked closely with the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis National Council.

We also received valuable input from modern treaty and self-governing nations, rights holders, indigenous youth, and regional and national indigenous organizations, including organizations representing indigenous women, two-spirit and gender-diverse people.

All of this feedback helped shape this proposed legislation, and we thank everyone who participated. We also held talks with the provincial and territorial governments, as well as with stakeholders from the natural resources sector.

These discussions were enriched by the contributions of indigenous representatives and provided an opportunity to learn about many of the efforts and initiatives already under way in the provinces and territories, and in various natural resource sectors, to further engage indigenous communities, create partnerships and lasting relationships, and work collaboratively to support responsible economic development that includes indigenous peoples.

People always say that young people are our best hope for the future. There is a lot of truth in that, and we held a virtual roundtable with indigenous youth to ensure that their perspectives and their vision of the future were included in the process.

First nations, Inuit and Métis youth from across the country shared their views on the bill and their priorities for the implementation of the UN Declaration on the Rights of Indigenous Peoples. I am grateful that they took the opportunity to ask me many difficult questions.

Looking back on that event, it is clear to me that young indigenous people have a vision for a better Canada. This stems from the vision of the future that they have for their nation and their people. They see a future in which strong, self-determined indigenous peoples thrive and are connected to the land and culture.

Young indigenous people see a future in which indigenous-Crown relations are truly nation-to-nation, reflecting equality and respect, and not colonial attitudes.

Clearly, we still have a long way to go together to build that better future. However, it is also clear that Bill C-15 will enable us to harness the full potential of the declaration in building that better Canada.

To this end, and consistent with this government's mandate commitment, Bill C-15 builds on the core elements of former Private Member's Bill C-262 including the requirement to align federal laws with the declaration over time, develop and implement an action plan in consultation and cooperation with indigenous peoples, and report to Parliament on progress annually. However, our recent engagement process led to a number of key enhancements. In addition to new language in the preamble highlighting the contributions the declaration can make to reconciliation, to sustainable development, and to responding to prejudice and discrimination, the addition of a purpose clause and more detail with respect to the development of an action plan and annual reporting requirements build on and enhance what was set out in Bill C-262.

Over the course of our engagement, we heard some questions about the scope of Bill C-15 and the concerns that it might create economic uncertainty. Let me be clear: Bill C-15 would impose obligations on the federal government to align our laws with the declaration over time and to take actions within our areas of responsibility to implement the declaration, in consultation and cooperation with indigenous peoples. It would not impose obligations on other levels of government. However, we know that the declaration touches on many areas that go beyond federal jurisdiction. The preamble, therefore, recognizes that provincial, territorial, municipal and indigenous governments have and would continue to take actions within their own areas of authority that can contribute to the implementation of the declaration. Our goal is not to get in the way of good ideas and effective local action, but to look for opportunities to work collaboratively on shared priorities and in ways that are complementary.

The declaration and, by extension, the legislation provides a human rights-based framework for the development of the relationships required to support the effective exercise of the indigenous peoples' right to self-government and self-determination. The exercise of these rights contributes in turn to creating more prosperous, resilient and self-reliant communities.

Arising from the right to self-determination, “free, prior and informed consent”, as it appears in various articles of the declaration, refers specifically to the importance of meaningful participation of indigenous peoples, through their own mechanisms, in decisions and processes affecting them, their rights and their community.

Free, prior and informed consent is a way of working together to establish a consensus through dialogue and other means and of enabling indigenous peoples to meaningfully influence decision-making.

Free, prior and informed consent does not constitute veto power over the government's decision-making process. After all, human rights and the resulting obligations and duties, particularly those provided for in the declaration, are not absolute.

The declaration states that indigenous peoples have individual and collective rights equal to those of other peoples. That means that the provisions of the declaration, including those that refer to free, prior and informed consent, must be taken in context. Different initiatives will have different impacts on the rights of indigenous peoples and will require different types of approaches.

Thus, free, prior and informed consent could require different processes or new creative ways of working together to ensure meaningful and effective participation in decision-making.

If passed, this bill will not change Canada's existing duty to consult with indigenous peoples or the other consultation and participation requirements under other legislation such as the new Impact Assessment Act. As also explained in section 2, it would not diminish constitutional protection of the indigenous and treaty rights recognized and affirmed in section 35.

The bill would inform the government on how it plans to phase in its legal obligations in the future. In addition, the bill would do so in a way that would provide greater clarity and foster greater certainty over time for indigenous groups and all Canadians.

When indigenous peoples have a seat at the table for decisions that may affect their communities, we are respecting their rights and encouraging stronger economic development and outcomes. As we work to implement the declaration federally and to support indigenous peoples' inherent right to self-determination, we will help develop a stronger, more sustainable and predictable path for indigenous peoples, the Government of Canada and industry. We are ready to work with all levels of government, with indigenous peoples and other sectors of society to achieve the declaration's goals.

I would now like to turn to the road map this bill would lay out for the future. If passed, the bill would require the Government of Canada to develop an action plan in consultation and co-operation with first nations, Inuit and Métis to ensure that we achieve the objectives of the declaration. I believe the additional details included in Bill C-15 with respect to the action plan are very important. Indeed, the action plan is a central pillar of this legislation.

As outlined in clause 6 of the bill, developing and implementing the action plan would mean working together to address injustices, combat prejudice and eliminate all forms of violence and discrimination, including systemic discrimination, against indigenous peoples, including all forms of racism against indigenous peoples; promote respect and mutual understanding as well as good relations, including through human rights education; and measures related to monitoring oversight, recourse or remedy and other accountability with respect to the implementation of the declaration, and include measures for the review and amendment of the action plan.

Some have also wondered why this bill is being introduced right in the middle of a global pandemic.

We know that racism and discrimination have not stopped during the pandemic. On the contrary, COVID-19 exacerbated many existing inequalities and hit many people particularly hard, including indigenous people and Black or racialized Canadians. We must not delay efforts to make Canada more just, inclusive and resilient.

Bill C-15 could help structure discussions on addressing the inequalities and discrimination against indigenous peoples, which are the root cause of these many vulnerabilities.

There will be many benefits as we work together to identify new measures to reflect the rights and objectives in the declaration. Through the process, we will continue to renew and strengthen the nation-to-nation, Inuit, Crown and government-to-government relations; better respect and implement the individual and collective rights of indigenous peoples; build on the momentum to increase the ability of indigenous peoples to exercise their right of self-determination; support indigenous peoples as they restore and strengthen their governance systems and reconstitute their nations as they collectively address the impacts of colonialization and as we create a framework that will help increase clarity and certainty in the long term with respect to the rights of indigenous peoples and their implementation.

The bill would provide a road map for generational and transformational work, including how to support, while also getting out of the way of, indigenous self-determination.

I thank the leadership that has helped develop this and for the consultations that are continuing. I am happy now to answer any questions in this regard. I am proud to support the bill.

Indigenous Affairs

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

Mr. Speaker, I thank the member for Surrey Centre for his advocacy.

Over 25 years of negotiation took place between indigenous peoples and nation states to develop the United Nations Declaration on the Rights of Indigenous Peoples. The foundation of this legislation, the former Bill C-262, was carefully examined by both this House and the Senate during the last mandate. It also shares many similarities with the B.C. Declaration on the Rights of Indigenous Peoples Act.

Our government has, through consultation and collaboration with indigenous peoples, built upon this legacy of careful consideration to present this critical legislation. It will serve as the foundation for a renewed relationship with indigenous peoples.

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, yesterday our government tabled important legislation on the implementation of the Declaration on the Rights of Indigenous Peoples. Built upon the former Bill C-262, this bill aims to protect and promote indigenous rights, including the right to self-determination and self-government, equality and non-discrimination.

Would the Parliamentary Secretary to the Minister of Justice update the House on the foundations of Bill C-15 and its ability to serve as a framework to advance reconciliation with indigenous peoples?

Rights of Indigenous Peoples

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, today I congratulate the work of all indigenous and grassroots leaders across these lands, faith groups, human rights advocates and thousands of people who fought for the adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Bill C-15 is the result of decades of work by people who I walked side by side with. We wrote, gathered, rallied and published, fighting for human rights. These include Anna Collins, Grand Chief Wilton Littlechild, Dr. Ted Moses, Steve Heinrichs, Jennifer Preston, Jennifer Henry, Cathy Moore-Thiessen, Charlie Wright, Mary Ellen Turpel- Lafond, Tina Keeper, Denise Savoie, Paul Joffe, Ellen Gabriel, the member of Parliament for Scarborough—Rouge Park, my partner Romeo Saganash, who introduced Bill C-262, and so many others.

I look forward to this piece of legislation being passed to ensure that all indigenous people in Canada have their fundamental human rights upheld. It is always a good day for human rights.

Indigenous Affairs

[David Lametti, Liberal, Minister of Justice]

Mr. Speaker, I honour the member's father, the great Professor Sákéj Henderson, for his scholarship and his leadership in the training of young indigenous lawyers, particularly at the Indigenous Law Centre in Saskatchewan.

Today, in partnership with indigenous peoples, we have taken another step on our shared path of reconciliation. Building on former private member's bill, Bill C-262, the Romeo Saganash bill, we have introduced legislation to implement the UN Declaration on the Rights of Indigenous Peoples. The declaration affirms the rights of indigenous people to self-determination, self-governance, equality and non-discrimination. It is an essential part of building a more just and fair Canada for the future.

Citizenship Act

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I am glad to hear that my colleague from Peace River—Westlock will be supporting Bill C-8.

I have a comment first. Before European colonization of North America, first nations and Inuit people all had very distinct legal customs and norms pre-contact. They had fully functioning societies with their own laws and rules. Then of course after contact, many of those were subsided under European contact.

If we are truly to acknowledge a nation-to-nation relationship, there has to be an acknowledgement of what existed pre-contact. With this new affirmation, we are recognizing the aboriginal and treaty rights of first nations, Inuit and Métis peoples. I am glad to hear his acknowledgement and support of that.

How does that stance jibe with his vote in the previous Parliament against Bill C-262, which affirmed the UN Declaration on the Rights of Indigenous Peoples? How does he differentiate between those two sets of rights? I would like the member to comment on that.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, with all due respect to my colleague, I am not sure if her characterization of Conservatives being hysterical about this or violently opposed to the legislation is quite on point. I would simply say that I disagree with former Bill C-262 insofar as I do not think it is an effective mechanism. Yes, it upholds the aspirations that we all have, but the question is not just one of recognition. It is also a question of what the practical implications of the bill will be.

We need to have legislation that recognizes rights and is clear about giving indigenous communities the opportunity to develop their own resources, because we do not want a situation where indigenous communities are prevented from developing their own resources and prospering by the sentiments of minorities within the larger community. There has to be a process of meaningful consultation, a result and an opportunity to develop in cases where it has the support of the majority.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I want to correct some facts in my hon. colleague's speech. I want to let him know that Bill C-262 was studied in committee. There were 71 witnesses and only one mentioned veto. When he talks about the hysteria of ensuring that indigenous peoples' basic human rights are recognized in this country by adopting and implementing the United Nations Declaration on the Rights of Indigenous Peoples, I am wondering why the Conservatives continue to base their opinion on evidence that is not factual, which has been affirmed by the legal community, and why he feels that providing indigenous peoples with the respect of minimum human rights, something that is afforded to other Canadians, is going to result in the sky falling?

There is this whole bogeyman coming out of the closet when it comes to ensuring that indigenous people have the same rights as all other Canadians. I am wondering why he and his party violently fight against that and if they plan, once again, to vote en bloc against the human rights of indigenous peoples in this country.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, it is great to be here in the House with so many friends to address this important debate, and to follow my friend, the member for Markham—Unionville, who gave an excellent speech. He said he came to Canada in 1974. I came to Canada in 1987, actually, so he has been here longer than I have.

I want to first set off my debate by talking a bit about the content of the bill. I also want to talk a bit about some of the context around the government's agenda and proposals with respect to indigenous issues.

The bill would amend the citizenship oath to read as follows:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.

The reference to first nations, Inuit and Métis people, and the references to aboriginal and treat rights, would be new references the bill proposes to add to the legislation.

The genesis for this discussion of amending the citizenship oath is a recommendation of the Truth and Reconciliation Commission, specifically call to action number 94. As members have observed, the bill seems to have support from all parties and will pass second reading and go to committee. However, there is an issue we will need to hear about more at committee, which is important to note. We will need to hear from witnesses about the difference between the formulation of the oath in the legislation and the proposal that was in the Truth and Reconciliation Commission's recommendation 94.

The proposed oath, which I looked up before speaking, from the commission report was as follows:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada including Treaties with Indigenous Peoples, and fulfill my duties as a Canadian citizen.

The formula is slightly different between the proposal in recommendation number 94 and the proposal in the bill. The bill references first nations, Inuit and Métis, and is a bit longer. Regardless, it is important to ensure that as we proceed down this road in the spirit of reconciliation, we hear from indigenous leaders along the way. Again, it will be important to elucidate at committee whether the relevant stakeholders and communities that are particularly invested in this have been consulted with respect to the difference in wording between the TRC recommendation and the bill. That will be an important point for us to follow up on.

Before I reflect on some of the specifics regarding changing the oath, I want to say that the Conservatives support the bill moving forward. We think the aspirations behind it and the substance of it are reasonable and valuable, and we look forward to further discussion and debate.

Right now we have before Parliament, at various stages, three pieces of legislation that in some sense deal with or touch directly on the relationship between the government and indigenous peoples in Canada. We have Bill C-5, Bill C-8 and Bill C-10. We are discussing Bill C-8, which amends the citizenship oath. We have Bill C-10, which is a larger, broader bill with many issues in it that would make changes to the Broadcasting Act, some of which put into the Broadcasting Act the expectation that broadcasters have diverse content reflecting different communities, including indigenous communities. Then we have Bill C-5, which deals with a statutory holiday for recognizing and remembering what happened in the context of indigenous residential schools.

All three of these bills contain important elements. The Conservatives have supported Bill C-5 and Bill C-8. We have some concerns about Bill C-10, although they are not related to the objectives, but are related to other aspects of the bill, as it is a broader bill. Regardless, in the context of the legislative agenda of the government right now, we have these three different bills.

If the Liberals are deciding what kinds of bills they are going to put forward with respect to indigenous issues, members might say they have a few different options in front of them. In considering those options, we can divide the bills they are putting forward into two broad categories. There would be bills that represent acts of recognition and then there would be bills that represent actions that target quality of life improvements.

This is an important distinction to make. Acts of recognition are things like putting in place a statutory holiday, changing wording, changing language, the legislature making statements, expressing its acknowledgement of certain facts and its will for reconciliation. These kinds of acts of recognition are things we do often as a legislature. They are important and have a place, which is why we are supporting this bill.

Other examples of acts of recognition this legislature has taken include motions where we express our appreciation for a certain community or the work done. In the last Parliament, we passed many bills that create heritage months, for example. Heritage months are a way of collectively commemorating and recognizing the contribution of certain communities. These acts of recognition and pieces of legislation that call for wider community recognition are important.

Why are they important? They create opportunities for us to call to mind, recognize and appreciate the valuable contributions made by certain communities. We are shaped by our history. As a legislature, we have a role in encouraging a recognition and awareness of that history. That is important and valuable. We can do those things and there is a legitimate place for us to do those things.

Another category of legislation we have are actions that specifically target quality of life improvements, which seek to make changes to practical circumstances in order to make peoples' lives concretely better.

These actions of recognition, whether changing an oath, commemorative day, representation in broadcasting or heritage month, are important. However, legislation that touches peoples' direct quality of life and deals with their ability to access justice with the recognition of their rights, the delivery of concrete services, whether it is health care or other supports, that deals with economic development, I would think are on balance more important.

To me, it is striking when I look at all the recommendations that have been made by the Truth and Reconciliation Commission. I look at all of the options in front of the government in terms of prioritizing its response. We see more or less exclusively acts of recognition, as opposed to actions that are aimed at concrete quality of life improvements.

If we saw a mix of both, that would be fine. However, we need to start to be critical and ask that question when we are seeing a focus exclusively on the acts of recognition, as opposed to on those kinds of quality of life improvements I talked about earlier.

What are the areas we are missing? Where has the government failed when it comes to making quality of life improvements? There are many areas we need to look at in terms of concrete quality of life improvements. We can talk about justice and health, and many other things.

I want to start by talking about economic development. Talking to indigenous Canadians in my area and across the country, I know there is a real desire for economic development and for people to have jobs and opportunities in their own communities.

There is also a recognition that when there is economic development in different communities, it gives those communities control and ability to invest in programs that reflect the priorities of those communities. We hear calls from communities for funding from the government for programs around health, around language, around infrastructure and these sorts of things, but to the extent that communities are able to have economic development themselves, they are also able to prioritize, and invest in those priority areas without needing to come and ask the government for funding in that specific area. It is not an either-or. It is not as if communities have to choose between accessing government funding and economic development, but when communities are developing economically it gives them a greater degree of autonomy and control and it gives them the opportunity to invest in those priorities right away.

Many indigenous communities have been benefiting from being part of the energy economy, developing natural resources and pursuing other opportunities. In the course of this debate, the parliamentary secretary responded to my question about concrete actions by talking about Bill C-262 from the last Parliament. It is important to address this directly. If we want to give indigenous communities the opportunity to develop economically, they have to be able to do so in a framework that involves reasonable consultation, but ultimately gives them the opportunity to move forward. If they have, for example, an energy development project where the indigenous communities in an area are actually the proponents of that project and there is a minority that is opposing those projects, in a case where there is overwhelming support within local indigenous communities, there has to be a consultation framework that allows that project to move forward.

This is where Conservatives have parted company with other parties, especially around issues like Bill C-262, because if they put in place a framework that effectively means that one community could have a veto over the desire for the economic development of all surrounding communities, that is a problem. There needs to be a meaningful consultation process in which communities are listened to, but there also has to be an opportunity for communities to develop their own resources and the standard for consultation has to stop somewhere short of unanimity. One cannot expect that every person has to agree before we see any kind of economic development.

It has been something that maybe we have discussed less since, because COVID-19 took up all the attention in terms of discussion, but early in the year we were dealing with a situation where all of the elected community leaders wanted a particular project, the Coastal GasLink project, and a minority of hereditary chiefs were against that project going forward. That was the context, and it was debated extensively. Some members of this House behaved as if a case in which a minority within a community objected, that, in and of itself, was sufficient basis for stopping economic development from going forward. We took the view that when there is strong support within indigenous communities for a project to go forward, then that project has to be able to go forward. The consultation has to happen and if people say yes, they have to be able to develop those resources and benefit from them.

We see cases across this country where indigenous people are seeking the opportunity to pursue economic development, to develop resources. There can be debate, there can be tensions, and those debates happen within communities as well as between different communities, but the opportunity for people to pursue economic development is important.

The government members talk about the discussion we are hearing today, separate from the debate on Bill C-8 but about Bill C-262 from the last Parliament. That is concerning for a lot of indigenous Canadians who want to have this opportunity to develop their own resources, to benefit from the opportunities that flow from them, and to use those resources to invest in things like language preservation, health improvement, infrastructure improvements and so forth. They want to be able to use the benefits that flow from economic development for those things.

I want to also just add, in terms of economic development, one of the exciting and interesting opportunities when it comes to the development of things like pipeline infrastructure is that the expansion of infrastructure could also bring in things like better Internet connectivity into some of these communities.

It is not just about opportunities directly in the natural resource sector, it is about the fact that, when we have benefit agreements, we have the building of infrastructure into and around different communities, which gives people the opportunity to have better connectivity, to access different resources and education, or to work in online businesses. There is so much more opportunity that flows from these kinds of developments, which we are just on the cusp of.

This country has so much potential, and a lot of that potential is around resource development. Those who are most likely to benefit to the greatest extent from that development are those who are more likely to be living proximate to those resources.

We could talk about some of the significant issues around justice, around working to ensure our justice system is fair to all people. We are identifying the reasons there may be disproportionate impacts on certain communities and working seriously to counter those impacts. That is the kind of thing that takes hard work.

The government has made statements to recognize the problems that have existed in the way indigenous people have been treated by our justice system. It is one thing to affirm there is an issue here, again, an act of recognition, and is another thing to say we are going to take concrete action and go from that active recognition and really target those quality of life improvements.

As I said earlier during questions and comments, so often when I hear from government members when we are having debates about indigenous issues, there is a tone in the their speeches as if they are still in opposition. They will say that there have been all these problems and that we need to do better and do more.

I look across the way and think that the government has been here for five years, and it is still constantly blaming Stephen Harper and constantly talking about the failures of history that have held it back. Do I think it is possible to change everything and make everything perfect within five years? No, I do not. Do I think it could be focusing on real concrete progress as part of its agenda? Yes, I do.

I hope we do not have the current government for another five years or another 10 years, but I suspect if we did, we would still hear the same speeches. We would still hear the same members saying that we have failed for too long and we need to do better. At what point does this recognition that we need to do better come back on them and lead them to say maybe not just “we” in the abstract, somebody else needs to do better sense, but “we” as in “we as a government” need to do better?

The government here does need to do much better. The Conservative caucus is supportive of Bill C-8. We are going to be supporting it through to committee. We look forward to the committee's study on it, especially delving into some of these questions I mentioned about the distinction between the version in the legislation and the TRC recommendation. However, we want to see the government take seriously the need to advance legislation and policy that concretely improves the quality of life for indigenous Canadians.

Yes, recognition is important, but if we see bill after bill on the issue of recognition but not targeting concrete quality of life improvements, it looks increasingly like the government is trying to avoid delving into these complex policy areas that would really make a difference. If it recognizes there is a need for more resources and need for economic development, when are we going to see the legislation that is going to really support economic development within indigenous communities and make it easier to grab those opportunities? When are we going to see the legislation that seeks to address those long-standing justice issues?

The government talks about doing better. It is time for it to do better so we can see some of these concrete improvements.

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

Madam Speaker, I take issue with a couple of things my friend opposite said.

He said the government should be accelerating the calls to action, and I completely agree we need to do more and need to do it faster, but can he explain why in the previous Parliament his party, Conservative members in the Senate, blocked the passage of Bill C-262, even though it was passed in the House of Commons and it passed a resolution asking for the Senate to expedite its passage?

Why did his party block it in the Senate? How does that go with what he is saying about the implementation of these calls to action and the things we need to do in order to attain true reconciliation?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I do not need a lesson from the member for Winnipeg Centre with regard to apprehensions in Winnipeg North. I have been there for 30 years, both as an MLA and as a member of Parliament. I can assure the member that not only do I hold this government to account in terms of its involvement in dealing with child apprehension, I did it for many years when the NDP at the provincial level failed the children of Winnipeg North in a very real and tangible way and where that member was absolutely silent, I suspect, during those years.

The member made reference to Bill C-262, and why it took so long. After the calls to action were announced, the current Prime Minister committed to all of them. Supporting Bill C-262 and UNDRIP was within those calls to action. The Liberal members of the caucus supported it. When Bill C-262 was brought in, there was no requirement for the government to bring it in. It was a private member's bill and the Liberal caucus supported it. We assisted in ensuring, along with New Democrats, that it passed through the House of Commons. The member would have to speak to the Conservative senators who determined to hold it up, in terms of why it ultimately did not receive royal assent.