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.

Indigenous Languages Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, this legislation encourages us to recognize the importance of language. Over the last few years, we have consistently talked about reconciliation. There are 94 recommendations or calls to action by the Truth and Reconciliation Commission, and this is one of those calls to action, just like the foster care legislation, of which I am a very strong supporter, and Bill C-262. There are many calls to action by parliamentarians and it goes far beyond that. We all have a role to play when it comes to reconciliation. Whether it is someone walking down Selkirk Avenue or living in Amber Trails, someone sitting in this chamber, or leaders of indigenous communities and leaders outside of indigenous communities, we all have a role to play, and this piece of legislation is important for many different reasons.

I wonder if my colleague could provide her thoughts on the importance of this being part of the 94 calls to action in the reconciliation.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism)]

Mr. Speaker, I am pleased to rise today in support of Bill C-91, an act respecting indigenous languages.

I would like to acknowledge that we are gathered on the unceded ancestral lands of the Algonquin people.

Before getting into the details of the bill, I would like thank our colleagues, particularly the members of the heritage committee, who worked very diligently to get this bill through the committee stage, as well as those who are not committee members, such as our friends from Kamloops—Thompson—Cariboo, Abitibi—Baie-James—Nunavik—Eeyou and Desnethé—Missinippi—Churchill River, for their dedication and hard work in supporting this bill.

I am also pleased to speak about the need for Bill C-91. As members are aware, Bill C-91 has been co-developed by three national indigenous organizations, namely the ITK, the AFN and the Métis National Council. It is in direct response to a number of very important things that have happened both in Canada and internationally.

First and foremost, it is in direct response to the Truth and Reconciliation Commission report's calls to action 13, 14 and 15. I will elaborate on that later.

It is also a direct result of our commitments to the United Nations Declaration on the Rights of Indigenous Peoples. As members are aware, Bill C-262 is now in front of the other House. It was adopted by this House and is something our government and the Prime Minister have committed to implementing.

There are many ways to look at languages, but however we look at them, they are one of the most important elements of our lives, one of the most important aspects of connection to the people, the land and their way of life.

In Canada, there are currently 90 indigenous languages. As we mark UNESCO's International Year of Indigenous Languages, we have to understand that, sadly, 75% of those 90 languages are on the verge of extinction. That is quite shocking. For some languages only one or two speakers are alive. I was recently in London, Ontario, and met with some elders from the Oneida Nation. They have 48 speakers of their language. Sadly, those 48 speakers are all over the age of 65. Not a lot of young people are speaking the Oneida language. That language is probably at risk of becoming extinct within the next generation. It is something that is quite urgent. Given the history of failure on the part of successive governments to protect languages, I think it is long overdue that we entrench this into law once and for all.

When we speak about how we got here, it was through a process of colonization on the part of the government in the last 152 years formally as a country, but since settlers first came to North America. We know that over the decades, languages were eroded, primarily I would argue because of programs put together by the government. Of course, one of the most important aspects of it is the effects of residential schools on generation after generation of indigenous people who have lost their language. We know that residential schools played such an important role in that.

I want to quote from the Prime Minister's speech at the Assembly of First Nations Special Chiefs Assembly on December 6, 2016, where he stated:

We know all too well how residential schools and other decisions by governments were used as a deliberate tool to eliminate Indigenous languages and cultures. If we are to truly advance reconciliation, we must undo the lasting damage that resulted.

I just want to walk colleagues through an experience I had this past month.

I went to Moosonee and met with Tony, who is a residential school survivor. He is in his sixties and is originally from the Moosonee area. When he was about five, he was taken to the St. Anne's Indian Residential School, along with his siblings. They were there for about 10 years. During that time, the entire way of life he was used to was taken away from him. He basically lost his language and lost his spiritual connection to his people. He was unable to reconnect with his family, because his sisters and brothers were separated in separate dorms. He was simply unable to connect with his family when he got back. He went through a very difficult process in establishing himself. He is now a very successful businessman. He has four children. He was trying to tell us how important language is to him, but sadly, he is unable to speak the language and pass it on to the next generation. I think that is the critical moment we are facing today.

Another comment was from a Tlicho elder and language specialist, Mary Siemens. She talked about the connection between indigenous languages and cultural identity. She said:

Our culture depends on our language, because it contains the unique words that describe our way of life. It describes name-places for every part of our land that our ancestors traveled on. We have specific words to describe the seasonal activities, the social gatherings, and kin relations.

That is a profound quote that describes the connection she has to the language and culture.

I want to walk through some of the major elements of this legislation. First and foremost, this would be a framework. It would be a living document. We have been putting together a framework that would look at indigenous languages in a holistic way. It would be dynamic and would allow for a distinctions-based approach to the protection of indigenous languages. It would not be an Ottawa-based solution to the challenges of indigenous languages. It would be a framework that would allow indigenous communities, based on the notion of self-determination and respect for each of the nations and language groups, to define what was important to them and define how those languages would be protected. The bill would be required to be reviewed every five years in this House as well as outside. It would adapt as languages grew and as situations changed so that support would continue as we continue the reconciliation journey together with indigenous peoples.

Just to put it in context, when we have a language like Oneida, where we have only 48 language speakers, and we have languages like Cree, which has many more speakers, the needs and the ways to protect these languages are different. What may be important for one group may not be the same for others. I think the framework we have put together really contemplates that. It would allow for this level of flexibility to ensure that it was distinction-based and that it enabled each and every community to establish an action plan for themselves.

I want to talk about one of the other major aspects of this bill. That is the establishment of a national commissioner of indigenous languages. This is something that is very important.

For the first time, we would entrench in legislation a commissioner who would oversee indigenous languages. The commissioner would be supported by three directors, and together they would work with indigenous communities and nations to develop programs and processes that would allow communities to advance their requirements.

When we look at the framework for the indigenous languages commissioner, we have a concrete plan that would be a starting point. It would not be an end point; it would be a starting point that would turn the tide on the loss of these languages.

From that, there would be support from the federal government, which, as we can see in budget 2019, would be a significant investment in the right direction. We would invest $333 million over the next five years to support this initiative. This is currently being debated as part of the budget implementation act. As we know, it would be a significant change from the $89 million over three years we currently have, which is roughly $30 million a year, for the aboriginal languages initiative. This significant change in funding would accelerate the protection of indigenous languages.

It is very important that we protect indigenous languages. I bring it back to my personal experience, which I have spoken about previously in the House. I know that the Minister of Canadian Heritage has also spoken many times about languages. For both of us, the primary language we speak at home is neither English nor French. We both came to Canada at a relatively young age. My family speaks Tamil. At home, it is the primary language. Over the last 35 years, there has been a serious conflict in Sri Lanka over one language and the ability of people to use that language and access services in that language. Over 100,000 people have died as a result of it.

The language I speak at home is foundational to my life. It has defined virtually every aspect of who I am, how I live my life and what I do and do not do. If I did not have that connection to the language, I would be a different person today. The struggle I have is that I have two young daughters, who are eight and 10, and I struggle with how to pass it on to them and make sure they speak the language fluently and have the opportunity to learn and understand the culture and the context the way I was able to understand. Regrettably, I actually do not read or write the language, but even then, I am able to understand it and live in that world. It is a struggle I face.

Relatively speaking, this is a language that has incredible international support. It is institutionalized in many universities. It is the official language in countries like Singapore, Malaysia and elsewhere, so it is protected. When we compare that language with indigenous languages, it is a completely different situation. We have failed to support, revitalize, protect and expand indigenous languages, and that is why time is so critical. That is one of the reasons our friends opposite, in both the Conservative Party and the NDP, worked very closely with us in getting this legislation through the committee process as well as through this House.

The urgency of implementing this legislation now cannot be understated. I have visited communities in the last several months that have gone from having six language speakers to five. There are many like that around the country. My colleagues probably have a good sense of that as well.

This cannot wait until the next Parliament. We cannot defer this to the next generation, because sadly, there will not be a next generation that can speak the language or protect and preserve it.

A couple of months ago, I was in Victoria at the Royal British Columbia Museum. It has an indigenous languages exhibit that really speaks to how languages are looked at right now. We are at a point where certain languages are only available in museums. The last speakers were recorded by academics, and they are preserved, but there is really no process or plan to revive and revitalize those languages. That is the primary reason for the urgency of the legislation before us.

Finally, on the overall aspect of reconciliation, Canada has played an important role in keeping these languages in the state they are in today. This did not happen because of indigenous people. This happened because of government policies. Government policies need to change to support this process of revitalization, and that is a major responsibility of the federal government. It is the other impetus for us to support the bill and push it forward.

Our commitment to the United Nations Declaration on the Rights of Indigenous Peoples is critical. It is something that the government and the Prime Minister have accepted, and we are in the process of implementing it. Implementing this legislation is an important step and milestone as we look at actually entrenching the principles of UNDRIP in law.

This loss of languages is dire. It is critical that we revive them and support them through revitalization. It is also important to recognize that over the years, language has been a form of resistance. Even though they lost these languages, we know that some people, late in their lives, even with their last breath, were speaking their language, were speaking their mother tongue, and that was important, because it was a form of resistance.

We need to acknowledge all the language keepers, all the people over the years who have struggled to keep these languages alive: the languages nests, the elders, the communities and the schools where languages are taught. We need to thank them for the enormous amount of work they have done to support these languages to keep them alive. It is an appropriate way to close, because it is their strength and their commitment that will allow indigenous languages to be revived and revitalized and used in daily life. I hope that one day we can celebrate the survival of all these indigenous languages.

Indigenous Affairs

[Marc Miller, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Mr. Speaker, Bill C-262 is a key step in implementing the United Nations Declaration on the Rights of Indigenous Peoples. Passed by the House last spring, the bill is now stalled in the other place as a result of Conservative procedural delay tactics.

While we have enormous respect for the independence and work of the other place, reconciliation with indigenous peoples and particularly this piece of legislation cannot be subject to partisan and procedural games. I urge the Conservative members of the other place and the members of this House who are in their caucus to heed the unanimous motion passed by the House this week and stop their inexcusable delay tactics.

[Don Rusnak, Liberal, Thunder Bay—Rainy River, ON]

Mr. Speaker, the United Nations Declaration on the Rights of Indigenous Peoples is a cornerstone of our government's relationship with indigenous peoples. In 2016, our government became a full supporter of the declaration, without qualification.

Our government is moving forward on key legislative initiatives that support the implementation of the declaration. We have also supported Bill C-262 as an important next step. Can the parliamentary secretary update the House on the status of this important legislative measure?

Legislation before the Senate

[Jagmeet Singh, NDP, Burnaby South, BC]

Mr. Speaker, in a moment I will be asking the House for unanimous consent on a motion.

Legislative delays in the Senate have meant that time is running out on important bills that have been passed by the elected members of the House of Commons. That includes the watershed bill to enshrine the UN Declaration on the Rights of Indigenous Peoples into Canadian law; as well as a desperately needed bill to require better training for judges in the country to deal with sexual assault cases.

The time is now to get these bills passed. Therefore, I hope that if you seek it, you will find unanimous consent for the following motion:

That, in the opinion of the House, Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, as well as Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault), are both critical pieces of legislation that have been duly passed by the House of Commons, and have been in possession of the honourable Senators for many months; that both bills should be passed into law at the earliest opportunity; and that a message be sent to the Senate to acquaint that House accordingly.

Second Reading

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker, I disagree with the hon. member.

This is giving life to UNDRIP in an actual bill before Parliament, Bill C-88. It ensures that UNDRIP is fully respected. UNDRIP, in Bill C-262, is a document that governs all of the Canadian government, ensuring all policies and laws come into accordance with the UN Declaration on the Rights of Indigenous Peoples, and also with an annual report. I remember putting forward a private member's bill of my own that would require reporting to the House of Commons on an annual basis.

Nonetheless, I still believe that the bill is a good way forward. It was negotiated in full accordance with all the indigenous peoples concerned by the bill. That is what we call respect. That is what we call self-determination: sitting down, having a conversation, talking. That is how we make treaties.

The difficult part will come in the future when we need to make sure that these treaties are respected. That involves the government of the day and making sure that we have a good government that will respect those rights into the future.

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker, I was very proud to have the opportunity of trying to get Bill C-262 passed in the House of Commons. It was a great opportunity. I remember speaking with many of my colleagues, the indigenous caucus, and trying to work with the member for Thunder Bay—Rainy River, to ensure that UNDRIP passed in the House of Commons. I know it is before the Senate and the document is not yet law. The senators in the other place have to decide on what will actually occur with that bill and I hope they are able to come to a final conclusion on that.

For me, I think the bill already does incorporate the United Nations Declaration on the Rights of Indigenous Peoples in the law. It ensures that there is respect and self-determination of government. I talked about principles 1 and 5, which recognize self-determination and the right to self-government, which I think is central to the UN Declaration on the Rights of Indigenous Peoples. This goes, part and parcel, with all the other policies we have been doing in the budget, for instance, with water, health, education, economic prosperity, a new fiscal relationship with urban indigenous peoples, and even with emergency management. All of these things are about ensuring that we have an implemented UN Declaration on the Rights of Indigenous Peoples, human rights for all peoples across Canada.

[Hannah Martin]

My question has to do with Bill C-262, which is the private member's bill on the United Nations Declaration on the Rights of Indigenous Peoples. As you know, the Government of Canada spoke at the United Nations in 2016, officially declaring that Canada would be adopting this piece of legislation without qualification. I would like to hear your thoughts on this. Personally—and this is the belief of many indigenous people in Turtle Island—I believe this document has to be presented and legislated as a full box of comprehensive rights. It can't be chopped up and divided, or it's going to lose its essence as a piece of legislation.

I would like to hear from anyone who's willing to speak to this.

Bills of Exchange Act

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I will begin my remarks by recognizing that we meet today on the traditional and unceded territory of the Algonquin Anishinabe people. I hope that one day we will begin all of our daily proceedings in this place with this acknowledgement. I also wish to acknowledge the land on which my riding is situated. It is Treaty 6 territory and the ancestral homeland of the Métis people.

I am extremely proud to rise in support of my colleague from Desnethé—Missinippi—Churchill River. I wish to recognize her connectedness to community, her hard work, her humbleness and her humility, which are all qualities of a true leader. It is these qualities that have helped the House to soon realize the passing of her private member's bill, a bill that signals a step, one among many, that we must take. It is one important step on our collective and individual journeys towards reconciliation with indigenous people. The bill provides the House with an opportunity to acknowledge and, most importantly, own its settler history.

What is this history? In the summary report of the Truth and Reconciliation Commission of Canada, members will find these introductory words, which is a reminder of why we are where we are today as a country and why our support of the efforts and leadership of my hon. colleague are so important:

For over a century, the central goals of Canada’s Aboriginal policy were to eliminate Aboriginal governments; ignore Aboriginal rights; terminate the Treaties; and, through a process of assimilation, cause Aboriginal peoples to cease to exist as distinct legal, social, cultural, religious, and racial entities in Canada. The establishment and operation of residential schools were a central element of this policy, which can best be described as “cultural genocide.”

We are in an era where politicians talk about how important it is that the rights of first nations, Métis and Inuit peoples are recognized, protected and most importantly enshrined explicitly into Canadian law. Some of us are actually acting on that talk. I speak of the work of my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou to implement the United Nations Declaration on the Rights of Indigenous Peoples into Canadian law with his bill, Bill C-262, and the work of my colleague from Edmonton Strathcona who tried so hard to insert into Canadian environmental law the rights of indigenous peoples as stated in Bill C-262. Today, I am able to add my colleague's efforts to this list of efforts in the House for reconciliation and justice for indigenous peoples in Canada.

The bill before us today is amended from the original bill tabled by my hon. colleague. The original bill was to make June 21, National Indigenous Peoples Day, a statutory holiday. Both in the House and in my community, my colleague, the member for Desnethé—Missinippi—Churchill River, articulated the many reasons for the proposal to designate June 21 a national statutory holiday. She spoke of her work as the mayor of La Loche on this issue. She listed the history of indigenous organizations calling for June 21 to be recognized as a national holiday. She told us of the spiritual significance of June 21, the summer solstice, for first nations, Métis and Inuit peoples, and she acknowledged the history for many communities of celebrations and special commemorative ceremonies on June 21.

My community of Saskatoon is one of those communities that has focused its efforts on June 21. In recent years, Saskatoon has grown, the community has expanded and we acknowledge reconciliation and the TRC's calls to action on this day.

For over 20 years, the Saskatoon Indian and Metis Friendship Centre has hosted National Aboriginal Day, now National Indigenous Peoples Day, on Treaty 6 territory, the homeland of the Métis people, and in my riding of Saskatoon West. Every year, thousands gather in my community, joined by indigenous leaders, elders, non-indigenous leaders, survivors of residential schools, provincial schools and day schools, survivors of the sixties scoop, and indigenous veterans, for activities and ceremonies to mark the day.

In recent years, the city of Saskatoon has marked the day with important ceremonies and commemorations honouring indigenous peoples.

Last year, the new name for the north commuter Parkway Bridge was announced at the Indigenous Peoples' Day event in Saskatoon. The new name, Chief Mistawasis Bridge, honours Chief Mistawasis, also known as Pierre Belanger, who was the head of the Prairie Tribe and signed Treaty 6 in 1876.

At the unveiling, Mistiawasis Nêhiyawak Chief Daryl Watson said:

Today is a very momentous occasion for my nation. It's part of the whole process of reconciliation. Chief Mistawasis, 140 years ago, began that process when he acknowledged the territory by welcoming newcomers to share the land. Reconciliation began for us when treaty was signed.

In 2016, one of the national closing events of the TRC was held in Saskatoon on June 21. This event galvanized community members and indigenous and non-indigenous community leaders in Saskatoon to begin to formalize our reconciliation efforts and to respond to the TRC's calls to action as a community. Reconciliation Saskatoon, with organizational support from the Office of the Treaty Commissioner, is that community-wide response.

Reconciliation Saskatoon is a community of over 98 organizations, non-profits, businesses, faith communities and partners. They have come together to initiate a city-wide conversation about reconciliation and to provide opportunities for everyone to engage in calls to action.

The path to reconciliation in my riding, in my community, has embraced June 21 National Indigenous Peoples' Day as the day. We worked hard to make that day inclusive of all peoples, a day where we work, celebrate and remember and in so doing, help to build relationships and ultimately to build a better community for all.

Three years ago, we added a new event, a walk in my riding, called “Rock your Roots for Reconciliation”, spearheaded by Reconciliation Saskatoon. Last year, over 4,000 people participated in that walk.

Today, the bill before us has a different day, September 30, to be designated as a statutory holiday, a day that honours the survivors of residential schools. This day is also observed in my community. I acknowledge creating a national day to honour residential school survivors is call to action 80 of the Truth and Reconciliation Commission.

Although this legislation started in a different place, it is here today after a parliamentary process that built support across political parties, and so it is a good day.

We are here today in this good way of co-operation because of the work of a Dene woman leader who kept us focused on something much bigger than partisan politics: a goal to build a better Canada for future generations. Today, I am very proud to be her colleague, to belong to a party and to sit in a caucus that backs words with action. As a caucus, we must work every day to honour her voice and leadership, a Dene woman from Northern Saskatchewan, the member for Desnethé—Missinippi—Churchill River.

Today, I remind all my hon. colleagues on both sides of the House that we all have to work together. We all have work to do to truly honour and respect the authentic voices of indigenous women in the House and in our communities.

[Grand Chief Wilton Littlechild]

That's what I mean by the UN declaration. It's Bill C-262. They're complementary; they support each other. There isn't a contradiction—in my estimation, anyway.

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

Are you not including Bill C-262?

[Grand Chief Abel Bosum, Grand Chief, Cree Nation Government]

Good afternoon, Madam Chair, and honourable committee members.

[Witness spoke in Cree ]

[English]

I just wanted to give thanks to our creator for the gift of our language in Cree, and the ability to speak it. My name is Grand Chief Abel Bosum, and on behalf of the Cree Nation of Eeyou Istchee, I am pleased to appear before you today. I am accompanied by Dr. Sarah Pashagumskum, chairperson of the Cree School Board and CEO of Aanischaaukamikw Cree Cultural Institute; Dorothy Stewart, Cree language coordinator, social and cultural department; Tina Petawabano, responsible for indigenous relations with the Cree Nation Government; and Paul Joffe, legal counsel.

The Cree Nation of Eeyou Istchee includes more than 18,000 Eeyou Istchee, or Cree, occupying our traditional territory of Eeyou Istchee. This territory covers around 400,000 square kilometres and is located mainly to the east and south of James Bay and Hudson Bay, with additional territories in Ontario.

The social and cultural department is responsible for the Cree nation's language program and policy. Aanischaaukamikw Cree Cultural Institute is a museum, archive, library and research and education centre. The Cree School Board, over the past decades, has played a large role in Cree language research and program development as a primary instrument for Cree language maintenance in our territory.

From the outset, we wish to acknowledge the potentially far-reaching significance of Bill C-91, an act respecting indigenous languages. At the same time, we fully recognize the important challenges associated with reclamation, revitalization, maintenance and strengthening of indigenous languages. Clearly, there must be adequate space and flexibility to accommodate the perspectives and priorities of each indigenous people or nation.

It is important to note that according to the General Assembly of the UN, sustainable development includes language and cultural development. Also, there is a consensus that no one must be left behind. This explicitly includes indigenous peoples.

In our experience, implementation and enforcement of legislation are always a challenge. In particular, adequate resources are urgently required to carry out the programs and other initiatives for language development and preservation at all stages. At this crucial point, we need more clarity in regard to the specific global amounts that the federal government is setting aside for at least the next five years. This will help our ongoing planning and other activities under Bill C-91.

Fluency in languages is recognized globally as the most important standard. We are pleased that Bill C-91 consistently refers to fluency as a key standard and objective. In addition, we wish to underline the critical importance of the bill in linking indigenous peoples' languages to the calls to action of the Truth and Reconciliation Commission and to the United Nations Declaration on the Rights of Indigenous Peoples.

At the same time, it's important to underline here that as indigenous people with the right of self-determination, we view our rights in a holistic manner. All of our inherent and pre-existing rights are interrelated, and interdependent. Our rights to language and culture cannot be separated from other inherent rights, especially our rights to lands, territories and resources. With respect to Cree language and culture, the words we speak derive from our relationship with the land. The words, thoughts and world views that we pass on to our children are connected to the land.

These essential interrelationships are explicitly affirmed in the UN Declaration, in its seventh preambular paragraph:

Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources.

Therefore, it's important to highlight the pressing need for umbrella legislation under the UN declaration. Such legislation, namely Bill C-262, has already been passed by the House of Commons and is currently at second reading in the Senate. We are proud that Romeo Saganash, a member of our Cree nation, sponsored Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples act. This bill will advance the human rights of indigenous people in Canada. It will also set an important precedent for indigenous peoples in other countries worldwide.

As underlined in call to action number 43, the Truth and Reconciliation Commission calls on the federal government and all levels of government to implement the UN declaration as a framework for reconciliation. Therefore, implementation of the declaration is inseparable from the TRC call to action. Any member of Parliament who fails to support the UN declaration is also undermining Canada's national reconciliation initiative.

As highlighted in the preamble of Bill C-91:

...2019 has been proclaimed by the General Assembly of the United Nations as the International Year of Indigenous Languages to, among other things, draw attention to the critical loss of Indigenous languages and the urgent need to maintain, revitalize and promote Indigenous languages;

Such loss or severe impairment of indigenous languages—whether through residential schools; dispossession of lands, territories and resources; forced assimilations; destruction of culture; or other acts of colonization—must be redressed in authentic ways. Such ways must respect our ability to determine ourselves how we will maintain our languages and the vehicles that we will utilize to do so.

We look forward to working harmoniously with the federal government and others to achieve the critical objectives of Bill C-91.

Meegwetch. Kinanâskomitin.

[Paul Joffe]

Okay.

According to their own world views, indigenous peoples also embrace, interpret and express their rights in a holistic manner. All of their inherent, pre-existing rights are interrelated and interdependent.

I won't read the seventh preambular paragraph in the UN declaration, but there it makes clear that indigenous peoples' rights are inherent.

Just to finish here, I should mention that the same provision that is in the seventh preambular paragraph is entrenched in the American Declaration on the Rights of Indigenous Peoples, which was adopted by the Organization of American States in June 2016.

To date, the UN declaration has been reaffirmed by the UN General Assembly 10 times by consensus. Therefore, I respectfully urge every honourable member in both houses of Parliament to support the adoption of both Bill C-91 and Bill C-262.

Thank you.

[Paul Joffe, Lawyer, As an Individual]

Good afternoon, Madam Chair and honourable committee members. I would like to begin by acknowledging that we are on the traditional territory of the Algonquin people. I would also like to thank you for inviting me to appear before this distinguished committee and for your support of Bill C-91, an act respecting indigenous languages. I welcome this initiative to reclaim, revitalize and safeguard indigenous peoples' language rights.

I just want to make clear that I'm not here to speak at a profound level in terms of indigenous cultures. That's not my point here. It's more to discuss some of the legal aspects. The rich dialogue that we all heard before this is not my level.

In my opening statement, I would like to divide my presentation into two distinct parts.

In part one, I will propose some amendments to Bill C-91 that would serve to make the legislation more consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

In part two, I will briefly clarify the important relationship between Bill C-91 and Bill C-262, the United Nations Declaration on the Rights of Indigenous Peoples Act. It is crucial that both bills be enacted as federal law, hopefully prior to the upcoming election.

Let's begin with some proposed amendments.

The ninth preambular paragraph describes “a history of discriminatory government policies and practices, in respect of, among other things, assimilation, forced relocation and residential schools were detrimental to Indigenous languages”. This preambular paragraph should be strengthened by adding that the assimilation was also forced.

We should also highlight the 1960s scoop, and not solely residential schools. Destruction of culture should also be added. This paragraph would then be consistent with article 8(1) of the UN declaration, which affirms, “the right not to be subjected to forced assimilation or destruction of their culture”.

The last preambular paragraph highlights “the need to take into account the unique circumstances and needs of Indigenous elders, youth, children, persons with disabilities, women, men and gender-diverse persons and two-spirit persons”. This provision falls significantly short of article 22(1) of the UN declaration, which stipulates that “Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities”.

Rather than simply “take into account the unique circumstances and needs”, it would be much more appropriate to include the phrase “Particular attention shall be paid to the rights and special needs” in the last preambular paragraph.

In addition, the term “men” does not belong in this essential paragraph focused on discrimination, nor is the term “men” included in article 22(1) of the UN Declaration.

Under the heading “Rights of Indigenous peoples”, it would be important to add, at the very least, a new provision after clause 3, namely that aboriginal language rights are reinforced by the treaties. This would reflect the Truth and Reconciliation Commission's call to action number 14.

Clause 5 begins, “The purposes of this Act are to:”, and then paragraph 5(g) continues:

advance the achievement of the objectives of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.

In my respectful view, it is not sufficient to simply advance the achievement of the objectives of the UN declaration. The urgency of maintaining, reclaiming, revitalizing, etc., is emphasized twice in the preamble of Bill C-91. Therefore, the purpose in paragraph 5(g) should be no less than to “achieve the objectives”—not “advance the achievement”—of the declaration, consistent with article 38 of the UN declaration.

Now, the preamble of Bill C-91 states that “Indigenous languages were the first languages spoken in the lands that are now in Canada”. Therefore, it is contradictory for the bill to claim in clause 6 that the Government of Canada “recognizes”, rather than “affirms”, that “section 35 of the Constitution Act, 1982 include[s] rights related to Indigenous languages.”

I'd like to turn quickly to part two of my presentation. The main point is that Bill C-91 and Bill C-262 are interrelated, and both bills must be adopted and implemented.

There's no doubt that indigenous peoples' language rights constitute human rights. For example, the Canadian Charter of Rights and Freedoms in part 1 of the Constitution Act, 1982, addresses human rights, including language rights. The UN Declaration on the Rights of Indigenous Peoples is an international human rights instrument that also includes indigenous peoples' language rights.

At the World Conference on Human Rights in June 1993, the Vienna Declaration and Programme of Action was adopted as a human rights instrument. This declaration affirms that:

All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner.... While...various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights....

According—

Aboriginal Cultural Property Repatriation Act

[François Choquette, NDP, Drummond, QC]

Madam Speaker, I am honoured to rise in the House to speak to Bill C-391, an act respecting a national strategy for the repatriation of Aboriginal cultural property.

While I am on my feet, I would like to begin by acknowledging that the lands on which we are gathered here in Ottawa are part of the unceded traditional territory of the Algonquin people.

According to current knowledge, the lands of the greater Drummond area were transit points where the Abenaki, Mohican, Huron, Algonquin and even Iroquois peoples stopped to portage, camp or fish.

Yolande Allard of the Drummond historical society has prepared a map that very clearly indicates the various sites that were used and their Abenaki names all along the Saint-François River transportation network. She and the Drummond historical society have done an excellent job of helping us better understand how indigenous peoples used these lands.

This bill refers to a very important issue. We are finally beginning to recognize the historical events that led to the erosion of indigenous cultural heritage. That is why the return of seized objects is an important part of the healing process for communities and for reconciliation between the colonial state and indigenous peoples.

The connection between returning objects and healing and reconciliation is extremely important. We have been working on this issue for years, and it is very important to us.

The NDP will support this bill at second reading, but we do have some questions. For example, we would like to know who was consulted about this bill.

Any time a bill affects indigenous peoples, they must be the first to be consulted so they can provide guidance. We do not know exactly who was consulted as this bill was being drafted.

As I said, it is extremely important to enable indigenous peoples to preserve and protect their ancestral, religious and cultural property and to have access to that property.

The Government of Canada and foreign governments must respect the collective rights of indigenous peoples with respect to the return of ancestral remains and sacred, funerary and culturally important objects.

The United Nations Declaration on the Rights of Indigenous Peoples affirms this right, and the Government of Canada fully and unconditionally supported this declaration and plans on supporting Bill C-262. That bill was introduced by my New Democrat colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou. During the 41st Parliament, he also introduced Bill C-469, an act to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

That bill set out the fundamental restitution rights in international law and then became Bill C-262 when it was introduced in 2016. The bill is now at committee stage, and we are confident that it will be improved and strengthened.

My colleague from Abitibi—Baie-James—Nunavik—Eeyou is working with the government to make sure that the bill truly reflects the objective of the United Nations Declaration on the Rights of Indigenous Peoples.

Radio-Canada recently published an article online about the repatriation of indigenous property and how it keeps a culture alive. It was interesting to see how Sandy Raphaël, an indigenous woman who is the heritage and culture director of the Mashteuiatsh band council, felt when she was able to repatriate some cultural property.

I will read a few excerpts from the article.

Why repatriate?

Sandy Raphaël remembers exactly how she felt when she saw some objects that belonged to her nation, such as drums, tumplines and a moosehide coat, at the National Museum of the American Indian, or NMAI, in Washington.

This is what Ms. Raphaël said:

It is quite moving to see the beauty of these objects, their life, their history, because they were made by our people. If they could speak, I would want them to tell me their story. I already had a sense of attachment to them.

A little further on, Sandy Raphaël states the following:

Seven grade nine students from the community, accompanied by Sandy Raphaël, went to the museum in June 2013. The young people returned with shining eyes, feeling even prouder of their identity.

I am reading out these excerpts to show why it is important to repatriate the cultural objects of indigenous peoples. It will give them back their identity, their culture and their history. That is extremely rewarding.

Studies have shown that young people who have access to strong cultural components, such as their language, ceremonies, ancestral property and education, are less likely to commit suicide, drop out of school, become addicts or engage in other harmful behaviour. It is clear that these elements and the repatriation of cultural property are important.

Bill C-391 is a step in the right direction. There is currently no federal legislation designed to facilitate the return of property stolen from indigenous communities. That is why it is important to pass this bill. As I already mentioned, Bill C-391 will have a positive impact on many members of Canada's indigenous communities.

A law to facilitate the repatriation of property will help indigenous youth connect with their culture and their language. Young people are the leaders of tomorrow. It is important that they are familiar with this identity and culture, so it is in our interest to give them the tools they need to thrive. In the case of indigenous youth, we also need to make sure that they connect with their culture by facilitating the repatriation of property.

The return of stolen cultural artifacts will also empower women and help restore the traditional balance between men and women. These artifacts teach about identity, the cultural nature of gender, roles in the community and the personal behaviours that enable individuals to define themselves. That is also a very important benefit.

The repatriation of property will also enable two-spirit people to reclaim their heritage.

However, I have some concerns about the bill. First, the bill does not contain any enforcement measures. It talks only about promoting and encouraging, and that is problem. Second, the implementation is not cohesive enough. There are so many stakeholders that there could be inconsistences and contradictions. Fourth, some communities are unable to conserve their artifacts even if they want to and will be forced to give them to museums because of budgetary constraints. There are no financial resources allocated to help preserve these precious and sometimes fragile artifacts. Fifth, the bill does not take into account the complexity of the repatriation of cultural heritage. Furthermore, the bill does not propose any concrete solutions in cases where organizations refuse to return legitimate property. Finally, indigenous peoples were not consulted enough during the drafting of this bill, and something needs to be done about that.

I am sure that the corrections needed to improve this bill can be made when it is examined in committee.