An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Georgina Jolibois  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (Senate), as of April 2, 2019
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends certain Acts to make National Day for Truth and Reconciliation, observed on September 30, a holiday.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 20, 2019 Passed 3rd reading and adoption of Bill C-369, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)
Sept. 26, 2018 Passed 2nd reading of Bill C-369, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Indigenous Peoples Day)

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / 11:20 a.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, it is an honour to stand in the House today to support not just Bill C-369 but the tireless efforts and tremendous work of my colleague, the member for Desnethé—Missinippi—Churchill River.

The member is a Dene woman from Saskatchewan, who served her community as mayor of La Loche for 12 years and worked with the RCMP's aboriginal advisory committee for almost a decade to help build safer communities in the north. She is a role model for all Canadians, especially for young indigenous women across this country. As a passionate advocate, she continues to demand action from government so that the people in her community are treated with the dignity and respect that they deserve. As an indigenous woman, her consistent and persistent advocacy aims to ensure that the voices of the first peoples are heard.

On this note, the member has brought before us Bill C-369. This bill would make June 21, National Indigenous Peoples Day, a statutory holiday in Canada. This bill would also fulfill recommendation 80 in the Truth and Reconciliation Commission's calls to action. While I was relieved to hear over the summer that, after months of silence, the Liberal government was ready to support the member's bill, I was truly disappointed that it made a partisan effort to undermine the work of my colleague. In going forward with this approach, the government did not even pause to stop to consult with my colleague on a bill which she brought forward. Throughout our society and history, successive governments have actively sidelined the role and voice of indigenous peoples, particularly indigenous women, and it was very disappointing to see the government continue to do this even while attempting to engage in acts of reconciliation.

I believe it is of utmost importance to continually reflect on the words of the TRC, when it stated, “Reconciliation is not an Aboriginal problem; it is a Canadian one. Virtually all aspects of Canadian society may need to be reconsidered.” This calls for collective actions across communities, across levels of government, across party lines and across Canada for reconciliation and the recognition of the history, rights, cultures and languages of first nations, Métis and Inuit people throughout our country. It is a reminder that reconciliation falls on settler society, not on indigenous people.

Passing Bill C-369 would not tackle all the socio-economic challenges met by indigenous communities, but it would provide a time and space for reflection on Canada's colonial history and its current effects on the rights of first nations, Métis and Inuit communities across the country.

The government has signalled that there are two dates being considered for a statutory holiday and also that changing the name to the national day of truth and reconciliation is being considered. June 21 is a date significant to first nations, Métis and Inuit people and is already established as National Indigenous Peoples Day. It is already marked by celebrations across Canada. It falls on the summer solstice, a date that historically has marked a celebration of indigenous culture and heritage. It is my understanding that the government is thinking about changing the date to September 30, Orange Shirt Day.

While Orange Shirt Day is an important one, a day that first nations, local communities, local governments and schools come together in the spirit of reconciliation and hope for generations of children to come, I share the concerns of my colleague that by co-opting and renaming National Indigenous Peoples Day as Orange Shirt Day as a day of truth and reconciliation would be harmful to the ongoing project of reconciliation. It would be an act of taking a day of celebration and changing it to a day of recognizing settler violence and apologies. In effect, it would be shifting the focus away from indigenous people and toward settler society. This would undermine the valuable and difficult work under way from coast to coast to coast of indigenous activists in communities, which are tirelessly working to build up and restore indigenous lifeways in Canada.

By extension, recognizing September 30 as a statutory holiday would also further the narrative of violence experienced by indigenous people in Canada. Without doubt, settler societies' understanding of the legacy of residential schools is critical and important. However, continuing to limit the national experience of most Canadians to that of recognizing a day of violence toward indigenous people would do little to empower indigenous communities and to foster an environment in which first nations, Métis and Inuit life ways could grow and flourish.

My riding of Vancouver East is home to the Vancouver Aboriginal Child & Family Services Society and the Vancouver Aboriginal Friendship Centre Society, to name just two of the many important indigenous organizations in my riding. Last year, Freida Gladue of the Family Services Society and Susan Tatoosh of the Friendship Centre Society were interviewed by the Vancouver Sun about making National Indigenous Peoples Day a statutory holiday. Ms. Gladue noted the importance of providing Canadians from all walks of life the opportunity to learn about, experience and participate in the celebrations of indigenous people. She stated, “It should be a stat holiday for everyone. A lot of my friends are calling to say they can't come because they have to work today.”

As most of us may recall, this year the House was sitting on June 21, so like far too many Canadians, I was unable to attend the celebrations in my community because I was here in the House of Commons. Ms. Tatoosh described the importance of the day, stating that it is “a day where we get to promote our pride, our culture and our status as citizens of Canada. We share our culture, our achievements, our culture and dances and through this outreach, we support the concept of reconciliation.”

I do not want to diminish the critical work of reconciliation through the recognition of generations of injustice, mistreatment, discrimination and the further generational impacts of the events that continue to this day. However, that work should not erase the need to acknowledge the beauty of Canada's indigenous peoples, their cultures and languages by honouring and celebrating them.

Promoting and sharing the depth of first peoples' culture and teachings through events that celebrate them helps build bridges between communities. Through this effort, we are moving the goalposts from the notion of tolerance to appreciation, and from appreciation to respect, and from respect to celebration. In doing so, we are working together to change the necessity of preserving indigenous culture from an act of defiance to an act of appreciation, from an act of tightly holding on to one's identity to an act of sharing with others who you are, with open arms. It means creating the space for indigenous cultures in Canada not only to survive, but also to thrive. That in my opinion is what true reconciliation entails.

Establishing June 21 as a statutory holiday across Canada would help provide that space. It is far overdue, and I hope that all members will stand united in taking this step toward reconciliation and support my colleague's bill.

Thank you, Madam Speaker, for the opportunity to speak to this significant moment in our history, a moment to move forward to celebrate and acknowledge our first peoples and the gift they have given to all of us as immigrants, namely, a place to call home and a place to belong. It is absolutely time for us to ensure that the first peoples are equal partners at the table and for all Canadians to understand the importance of first peoples in Canadian history.

Once again, I call on all members to support this bill.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / 11:30 a.m.


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NDP

Karine Trudel NDP Jonquière, QC

Madam Speaker, I would like to begin by acknowledging that the lands on which we are gathered to discuss the important legislation introduced by my colleague from Desnethé—Missinippi—Churchill River are part of the unceded traditional territory of the Anishinabe Algonquin people.

From a reconciliation perspective, since that is precisely the focus of my argument, I think it is especially important to emphasize that point so that everyone here in the House is well aware of the context surrounding our debate on this bill.

I would also like to take this opportunity to salute the Mashteuiatsh Innu first nation and the Saguenay Native Friendship Centre, which are located in my region, Saguenay—Lac-Saint-Jean.

It is time to make National Indigenous Peoples Day a statutory holiday in Canada. There are currently no federal statutory holidays dedicated to indigenous peoples. National Indigenous Peoples Day exists and is recognized, but it is not a statutory holiday. We do have precedents, however, as other jurisdictions in this country have enacted legislation to make June 21 a statutory holiday. Bill C-369 calls on the federal government to do the same, to show some leadership and set an example for the provincial and territorial governments that have not yet created this statutory holiday.

In its report, the Truth and Reconciliation Commission made it clear that reconciliation is not an indigenous issue; it is a Canadian issue. To achieve true reconciliation, we may be called upon to re-examine all aspects of Canadian society. This is indeed a call to action, to concerted action on the part of all governments in Canada and all communities in the interest of reconciliation with first nations, Métis and Inuit. Merely recognizing these peoples is not enough. We must also recognize their history, their rights, their cultures and their languages.

By passing Bill C-369, the House of Commons would be sending a clear message about its intention to create space for reconciliation. Once established, this national holiday will serve as a reminder to us all of what it really means to have a treaty-based nation-to-nation relationship. It will also be an expression of respect for the historic and cultural importance of first nations, Métis and Inuit.

Obviously this bill is not necessarily going to resolve all the socio-economic problems that indigenous peoples face, problems that my party raises in the House all the time, but it will provide a time and place for reflecting on our colonial history and its lasting effects on the rights of the first nations, Métis and Inuit peoples across the country.

For example, a statutory holiday could become an opportunity to organize events to commemorate and raise awareness about victims of residential schools and Canada's colonial system, the effects of which still weigh heavily on indigenous peoples today.

It is rather obvious that my colleague's bill is not a new idea. In 1982, the National Indian Brotherhood, now known as the Assembly of First Nations, launched a campaign to have National Aboriginal Day recognized as a national holiday. It was not until 1996 that June 21 was proclaimed National Aboriginal Day by then Governor General of Canada Roméo LeBlanc.

That date was chosen following consultation with indigenous peoples and statements of support from numerous indigenous groups. Some of these groups wanted the summer solstice, a day that holds a special significance to indigenous peoples in Canada, to become National Aboriginal Day.

As I mentioned before, other governments have made National Aboriginal Day a statutory holiday.

These include the Northwest Territories and the Yukon, which made it a holiday in May 2017. In June 2017, my colleague from Desnethé—Missinippi—Churchill River introduced the bill we are debating today to get the federal government on board. In September 2017, provincial MPP Michael Mantha, a New Democrat, introduced a bill in the Ontario legislature entitled An Act to proclaim Indigenous Day and make it a holiday.

The Liberals have stated many times that the relationship with indigenous peoples is the one the government values as most important. The government also committed to follow through on the calls to action of the Truth and Reconciliation Commission in a spirit of reconciliation and healing. Elected officials of other administrations have understood it, and this bill is a new opportunity for the government to move from words to action. Inspired by the call to action of the Truth and Reconciliation Commission, this bill would give hope to indigenous peoples and Canada mainly by fostering an awareness of the consequences of residential schools and by paying tribute to the survivors and the victims of foster family abuse, to their families and to their community.

A statutory holiday would give Canadians an opportunity to better understand our shared history and ensure that they would acknowledge this history, which is a crucial component of reconciliation. This bill gives the Liberal government, as well as the House of Commons, a chance to participate in the reconciliation process by granting a day to reflect on our dark colonial past and to pay tribute to the contributions, heritage, cultures and languages of indigenous peoples.

New Democrats are not the only ones who support making National Indigenous Peoples Day a statutory holiday. The Assembly of First Nations has been calling for this for years. At its 2016 annual general assembly, members adopted a resolution calling on the government to institute a statutory holiday on June 21. Bobby Cameron, the chief of the Federation of Sovereign Indigenous Nations, expressed support for this bill in June 2017. In addition, Robert Bertrand, the national chief of the Congress of Aboriginal Peoples, attended the press conference as a public show of support when this bill was announced.

I would also add that we are not the only ones here in the House calling for the creation of this holiday. The Liberal member for Winnipeg Centre circulated a petition asking that National Indigenous Peoples Day be made a statutory holiday. We know that he is not the only one in the Liberal caucus who supports our initiative. That is why we are hoping that everyone here in the House of Commons, regardless of party, will support my colleague's bill.

Like the member who spoke before me, I too was unable to attend the National Indigenous Peoples Day events organized by the native friendship centre in my community on June 21. It was a beautiful day, and the centre had invited me to participate in the activities it organized at Place du citoyen. Unfortunately, I had work to do here in the House. The House was in session, and we were here very late voting. We did not get much sleep last spring. My thoughts were with them on June 21. However, I think that supporting my colleague's bill will make all the difference. I am asking the House to vote in favour of this bill.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / 11:40 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I would like to speak for a couple of minutes to the legislation because it is an important piece of reconciliation. The Prime Minister has been very clear, and was even before he became Prime Minister, about that important relationship between Canada and its indigenous peoples. He has stated on many occasions just how important that relationship is. I believe there is widespread support, from ministers, cabinet, to my caucus colleagues, in fact beyond the Liberals benches to the New Democratic benches and to many from within the Conservative Party, recognizing the importance of reconciliation.

It is important for us to recognize, and it has already been referenced, the TRC calls to action. Call to action 80 urges:

[T]he federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to honour Survivors, their families, and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process.

The TRC did a great service to Canada by providing these very tangible recommendations. The Prime Minister has been on the record on numerous occasions, endorsing the report brought forward by the TRC. We understand that the responsibility of the minister, and even within the call to action, is the obligation to continue that consultation as we work toward it. We recognize the importance of this issue.

I believe that during Jean Chrétien's era, there was a proclamation with respect to National Aboriginal Day in June. Last year, it was renamed to National Indigenous Peoples Day.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / 11:45 a.m.


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The Assistant Deputy Speaker Carol Hughes

I am going to interject because I have just been advised that the hon. parliamentary secretary has already spoken to this and therefore is not able to speak to this again. I am so sorry.

Resuming debate, the hon. member for South Okanagan—West Kootenay.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / 11:45 a.m.


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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I am honoured to speak in support of my colleague, the Desnethé—Missinippi—Churchill River, and her Bill C-369, a bill that would create a national indigenous peoples day.

I would like to begin by acknowledging that we are gathered here on the traditional lands of the Algonquin people. I thank them for sharing this beautiful land with all of us.

I live in the traditional lands of the Syilx people, the Okanagan nation. Most large public gatherings in the Okanagan are opened with a traditional prayer and the signing of the Okanagan song. The part of that song that I have taken to heart is, “We are beautiful. We are beautiful because our land is beautiful.” Those words emphasize the relationship between all of us and the land that sustains us, that we are nothing if we treat our land without respect. They are powerful words.

I grew up on the boundary of the Penticton Indian Reserve and I still live in the house in which I grew up. I like to tell my friends from the Penticton Indian Band that I grew up on the res. However, I did not grow up on it like those people. As I grew up, I knew nothing of the struggles of the kids I went to school with from the reserve. We did not talk much. I knew nothing of the struggles of them and their families, of the residential schools situation. I did not really know anything about their culture, heritage, or language. I did not even know there were still people speaking a traditional language there.

In 1978, I was out on the Chilcotin Plateau and went into a café. I realized soon that everyone in the café was speaking Chilcotin. I had never heard an indigenous language spoken before. I realized how little I knew of the cultures of the people who were here first, the first peoples of Canada.

In 1981, I met Jeannette Armstrong, someone whom I have come to know and respect a great deal. She grew up a couple of kilometres from me in Penticton. My father knew her mother and yet I never had met her before. She spoke of her family's struggle to retain the culture and language. She spoke fluent nsyilxcen, the language of the Okanagan people. I was totally blown away. I had no idea there were still speakers of that language, that the culture was still retained and so rich.

Since that time, I have learned a lot from my colleagues in the first nations communities of the Okanagan about that culture and what they have been doing to retain it and make their people proud of it and get their kids learning the language again.

Recently, I had the honour and very humbling experience of sitting in on an immersion class in Penticton that taught nsyilxcen. It was humbling to sit there for a day, hearing people speak a language that I knew very few words of, a language that was formed in my home valley. It was literally the language of my land and yet I knew nothing of it.

I still know very few words in nsyilxcen. I know a few of the plants and animals as I am a biologist. Probably the only word I knew as a kid, because my father would call bitterroot, was “speetlum”. Speetlum is one of the four food groups of the Okanagan people. It is the root that gave them sustenance through the year. I know the word for Saskatoon berries, “seeya”, again one of the important foods of the Okanagan people.

However, it was not until I moved back to the Okanagan in the 1990s and started working a lot with people in the local first nations communities on the conservation of their lands, as they were very concerned about conserving the environment of their lands, that I got to hear more of their personal stories. People who were working with me, very dedicated workers, had real personal struggles, such as families torn apart, addictions, life in residential schools, which had sent them to Alberta and northern British Columbia as kids, yet they had come back to work to rebuild their communities.

At the same time, my wife Margaret was working for the Osoyoos Indian Band, building the Nk'Mip Desert Cultural Centre, one of the most magnificent interpretive centres in the country. If people are ever in the Okanagan, I urge them to visit it. It is a real celebration of the Syilx culture and is very well presented. Through her, I met other people who knew their culture and their language. It was such a rich experience, learning all of this from my neighbours. As Canadians, we do not have that opportunity very often.

Some of the projects I worked with brought kids together, kids from the first nations community and non-indigenous kids, to do habitat rehabilitation, plant trees and shrubs. At the same time, they were planting seeds of reconciliation in our communities.

I have seen such a change over the last 20 or 30 years in the Okanagan Valley with respect to the building of reconciliation. People are feeling a lot better about the relations between indigenous and non-indigenous peoples. When I first went there in the 1990s, it was very touchy. However, that has really changed, as people are now taking the time to learn about each other's cultures.

Many of us celebrate July 1 every year as our national day. As well, many of us celebrate June 21, National Indigenous Peoples Day. Although it is not a holiday, I attend the events in my community when I can. I know a lot of people do. In those events, we learn about indigenous cultures, their heritage and their languages. However, it would mean so much more if it were a national holiday.

Therefore, I really want to support my colleague's initiative to create a national statutory holiday. Yukon and the Northwest Territories have set a precedent by making June 21 a holiday in those territories to ensure that people have the time and the mindset to really set aside a day to learn about these important issues, and to take important steps toward reconciliation.

Lim’limpt.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / 11:50 a.m.


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NDP

Georgina Jolibois NDP Desnethé—Missinippi—Churchill River, SK

Madam Speaker, I would like to start by thanking my colleagues in the House for the dutiful consideration of my bill and for sharing their thoughts on making National Indigenous Peoples Day a statutory holiday.

I am very much looking forward to continuing our discussions in the near future as we work together to do what is right for indigenous people across Canada. The discussion we have heard today is part of a centuries-old conversation about how we make time for first nations, Métis and Inuit people in our country. Historically, we know that the federal government's position has been that there is no time for first nations, Métis or Inuit people. For governments in the past, indigenous people were to be civilized, educated or eliminated. History has proven past governments wrong. Indigenous people have become stronger.

Our recent conversations about the time for indigenous people have focused on reconciliation and how we commemorate the leaders who committed genocide. Apologies were made. Canadians have heard the stories of survivors. Canadians have heard apologies from prime ministers. They have heard the lack of apologies from religious leaders, and they have heard the promise of a government saying that it would do right by indigenous people now.

Reconciliation is the government's word. Reconciliation is the government's promise. Reconciliation is the burden of government and the burden of settlers. While the government should be having that conversation about reconciling Canada's past, indigenous people are thinking about their future in Canada. We are asking different questions. We are slowly moving away from asking how we will survive and instead are asking how we will thrive.

What we are seeing now is a renaissance of indigenous culture, indigenous arts and indigenous languages. Indigenous leaders and movements from the past are being taught in history classes. Indigenous people are thriving in business, science, technology, justice and health. I have seen with my own eyes how our cultures and languages are growing in our communities and how our families and youth find strength in our traditions. There is still so much work the government needs to do for indigenous people who are suffering, but first nations, Métis and Inuit people have done so much for a society that has and continues to try to ignore them.

To be clear, my bill does not ask to give indigenous people the time to perform their trauma. I am not asking to give indigenous people the time to accept our apologies while we atone for our actions. I am not asking to appropriate an established indigenous holiday so settlers will have another day off work. I am asking if we, as the Government of Canada, will give up part of our own time so that indigenous people across this country can celebrate what makes them truly unique.

It was in the spirit of the Truth and Reconciliation Commission's calls to action that I proposed my bill. I believe people in Canada are capable of mourning the legacy of residential schools while also thinking optimistically about the future. That is, after all, what we do every year on Remembrance Day. It is vital that we remember those we lost in residential schools, that we honour the survivors, and that we never forget how the Canadian government tried so hard to get rid of first nations, Métis and Inuit people. However, the stories indigenous people are telling now are far more optimistic and think so far into the future that they refuse to be defined by the impact of residential schools. Let us not limit the future of first nations, Métis and Inuit people to only a settler narrative of past injustice. Let us put an end to the government's practice of defining indigenous people by the things settlers have done to indigenous people. Let us listen to the generations of indigenous people who stand up every year on June 21 and continue to survive and continue to celebrate who they are and who they will become.

If we are truly committed to reconciliation, it is our duty to think about the time of celebration indigenous people have created for themselves. Indigenous people have told us for decades that June 21, the summer solstice, is their day of celebration. I hope that when members of this House vote on this bill, they will show that they are listening.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / noon


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The Assistant Deputy Speaker Carol Hughes

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / noon


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Some hon. members

Agreed.

No.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / noon


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The Assistant Deputy Speaker Carol Hughes

All those in favour of the motion will please say yea.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / noon


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Some hon. members

Yea.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / noon


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The Assistant Deputy Speaker Carol Hughes

All those opposed will please say nay.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / noon


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Some hon. members

Nay.

Bills of Exchange ActPrivate Members' Business

September 24th, 2018 / noon


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The Assistant Deputy Speaker Carol Hughes

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, September 26 immediately before the time provided for private members' business.

The House resumed from September 24, 2018, consideration of the motion that Bill C-369, an act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Indigenous Peoples Day), be read the second time and referred to a committee.

Bills of Exchange ActPrivate Members' Business

September 26th, 2018 / 5:30 p.m.


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The Assistant Deputy Speaker Anthony Rota

It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-369 under private members' business.

Call in the members.