Cree Nation of Eeyou Istchee Governance Agreement Act

An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts

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

Sponsor

Carolyn Bennett  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment gives effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada. It amends the Cree-Naskapi (of Quebec) Act to reduce the administrative burden related to the internal governance of the Naskapi, to ensure that the Act no longer applies to the Crees of Eeyou Istchee and to make changes to certain aspects of the mandate of the Cree-Naskapi Commission to take into account the Agreement. It also makes related and consequential amendments to other Acts.

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.

June 19th, 2018 / 5:35 p.m.
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Susan Torosian Executive Director, Policy and Public Affairs, Elections Canada

Thank you, Madam Chair, and thank you to the members for inviting Elections Canada here to speak with you today.

Thank you for having invited Elections Canada to participate in the committee's study on barriers facing women in politics.

Elections Canada is an independent, non-partisan agency that reports directly to Parliament. Its mandate is to be prepared to conduct federal elections, by-elections, and referendums, as well as conducting public information campaigns on voting and becoming a candidate and administering the political financing provisions of the Canada Elections Act.

Elections Canada's raison d'être is to ensure that Canadians can exercise their democratic right to vote and be a candidate as guaranteed in section 3 of the Canadian Charter of Rights and Freedoms.

Data shows that women vote at higher rates than do men, and our estimates indicate that in the last general election, 68% of women voted, versus 64% of men. A similar pattern occurred in 2011 and 2008 general elections, and this was the case across all age groups up to the age of 65, at which point men tended to vote at higher rates than women did. This trend was also observed in all provinces and territories, with the exception of P.E.I. and Yukon. As you can see, the under-representation of women is not at the voting booth but in the House of Commons.

In the last general election, less than a third, or 30%, of candidates were women, and 26% were elected as members of the House of Commons. However, we see a small upward trend in the proportion of female candidates, from 28% in both 2008 and 2011 to 30% in 2015. The proportion of women who were elected as MPs has also grown, from 22% in 2008 to 25% in 2011 and 26% in 2015. The proportion of female MPs in the House of Commons actually now stands at 27% following 13 by-elections since the last general elections. We just finished one last night, as a matter of fact.

This committee is well aware that the barriers to women's participation in politics are numerous and complex.

I personally had the opportunity to speak at a campaign school for women organized by the Nova Scotia Advisory Council on the Status of Women this past May. Over the course of that event, I had the opportunity to hear from a broad cross-section of women across society who have faced barriers similar to those we've seen in the research. These include the cost of the nomination process, a lack of political will, lower levels of self-confidence in the political field, the burden of caring for family members, and social barriers such as economic disparity, gendered stereotypes, discrimination, and harassment.

My presentation will be about barriers related to two aspects of Elections Canada's mandate: the administration of the political funding system under the Canada Elections Act, and the communication of information to the public about how to become a candidate.

The Canada Elections Act contains provisions that serve to level the financial playing field by imposing spending limits for nomination contestants, candidates, and parties. Spending limits create equal opportunity for all participants by limiting the amount of funding that is required to compete in a nomination contest or election. The act also regulates personal expenses incurred as the result of their candidacy. These include child care expenses and expenses relating to the provision of care for a person with a physical or mental incapacity.

Because these expenses are regulated, they must be paid for from funds that the candidate raises. If they are not reimbursed by the campaign, a candidate who pays for their own personal expenses is making what is known as a contribution. Candidates can contribute up to $5,000 to their own campaign. This limit and the requirement that personal expenses must be paid using campaign funds may place candidates with care-related expenses at an unfair disadvantage.

Recognizing that this can lead to unintended and undesirable consequences, the former Chief Electoral Officer recommended that Parliament remove the restriction that contribution limits on personal expenses have. Bill C-76 includes a provision that would permit candidates to use campaign funds or their own funds to pay these types of expenses.

The use of the candidates' own funds will no longer be subject to the candidates' contribution limit. As well, candidates who receive 10% of the vote would also be eligible for a 90% reimbursement of their care expenses, compared to the current 60%.

This small measure would assist women and all candidates who have child care and other care-related expenses and would put them on a more equal playing field or more equal footing as compared to other candidates.

Elections Canada has put significant effort into understanding barriers to voter participation, providing clear information products and improving our services to help people exercise their right to vote. We also offer a variety of information and training resources around the rules governing candidacy.

Our website includes general information on how to become a candidate, guidelines for candidates' representatives, training videos, and handbooks for contestants and candidates. We also offer annual in-person training sessions and online training for agents and others who support nomination contestants and candidates.

During elections, the returning officers in each riding hold an all-candidates meeting to provide the support and guidance candidates need. Our efforts are complemented with year-round support through the political financing support network.

I would now like to come back for a moment to the work we do on removing barriers to voting.

Each year we conduct sessions with various organizations representing target groups that, based on evidence, are more likely to face barriers. We also offer teaching resources and training for educators working with youth under the ages of 18 in schools across Canada. We will be launching a new suite of curriculum-linked educator resources this fall designed to build the interest, skills, and knowledge required to be active citizens.

In response to a rise in demand from civil society groups, we are considering producing information products and a discussion module that can be used at our Inspire Democracy stakeholder events across the country. Depending on the response, we could eventually integrate this type of programming into our educator resources for pre-voters as well.

In conclusion, the barriers that face women entering politics are neither simple nor straightforward. Addressing them will likely require a mix of solutions and undoubtedly require the involvement of various segments of society.

As the administrator of the Canada Elections Act, Elections Canada can play a small role in this important issue. I would appreciate hearing from members of the committee of any additional ideas you may have for us in terms of how we can contribute, and I would be pleased to assist the committee as you study this issue.

I will be pleased to answer committee members' questions or comments.

I would be happy to take any questions or comments that may have.

Thank you very much.

May 1st, 2018 / 4:35 p.m.
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Grand Chief Abel Bosum Grand Council of the Crees (Eeyou Istchee)

Thank you.

Good afternoon, Madam Chair and honourable committee members.

I am Grand Chief Abel Bosum. On behalf of the Cree Nation of Eeyou Istchee, I am pleased to appear before you today with Deputy Grand Chief Mandy Gull; Paul John Murdoch, corporate secretary; Tina Petawabano; Brian Craik; Paul Joffe; Bill Namagoose; Paul Workman; Melissa Saganash; and, our youth, Sehoneh Masty.

The Cree Nation of Eeyou Istchee includes more than 18,000 Eeyouch, 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.

Indigenous peoples in all regions of the world share common challenges and injustices. These include the debilitating effects of colonization, land and resource dispossession, racial discrimination, marginalization, and the devastating effects of severe impoverishment.

We are proud that Romeo Saganash, a member of our Cree Nation, is the sponsor of Bill C-262. The bill will significantly advance the human rights of indigenous people in Canada and, if adopted, Bill C-262 will also set an important precedent for indigenous peoples in other countries worldwide.

The central focus of the bill is the United Nations Declaration on the Rights of Indigenous Peoples. 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 the framework for reconciliation”.

In regard to the UN declaration, collaborative processes will also be established with the federal government that will enhance harmonious and co-operative relations. In addition, the bill repudiates colonialism as well as fictitious and racist doctrines of superiority, such as as “discovery” and terra nullius. Therefore, it is absolutely essential that Bill C-262 is adopted by both Houses of Parliament. We urge every political party to support this human rights legislation.

Since the early 1980s, our leaders and representatives have attended and participated in the UN standard-setting processes that led to the adoption of the UN declaration in 2007. We always knew that we were both international and domestic actors. Our international personality has been repeatedly confirmed not only by the 20 plus years of negotiating the UN declaration, but also by the increasing number of indigenous issues and processes taking place at the United Nations with direct indigenous participation.

Our Cree Nation knows what it's like to be treated as if we have no inherent rights or no pre-existing rights. In the early 1970s, the construction of the James Bay hydroelectric project was announced by the premier of Quebec with no regard to our rights. At that time, it was the largest project in Canada's history. We had to go to the door of the Supreme Court of Canada before the government was willing to negotiate an agreement.

When the Cree entered into the James Bay and Northern Quebec Agreement in 1975, we saw it as a partnership in governance, environment, and development issues with Canada and Quebec. However, in the years after the signature of this agreement, relations between the Cree, Canada, and Quebec severely deteriorated. Both governments failed repeatedly to implement the agreement. For over 20 years, we were continually entangled in court cases with both governments, at great expense to all parties.

In February 2002 the Cree entered into a nation-to-nation agreement with the Quebec government. This 50-year agreement is referred to as the Paix des Braves. As affirmed in its preamble, this agreement “is based on a development model which relies on the principles of sustainable development, partnership and respect for the traditional way of life of the Crees”. To incorporate sustainable development in our treaty, the James Bay and Northern Quebec Agreement, the agreement was also amended.

Moreover, in February 2008 we entered into the Agreement Concerning a New Relationship Between the Government of Canada and the Cree of Eeyou Istchee. In particular, this agreement established the process of negotiating a Cree Nation government. We are pleased that the Cree Nation of Eeyou Istchee Governance Agreement Act, Bill C-70, was assented to on March 29, 2018.

La Paix des Braves and the Canada-Cree agreement both embrace the basic principles of co-operation, partnership, and mutual respect that are the highlights in the UN declaration. Both agreements reflect a consensual relationship. It has been about 47 years since Quebec's decision to proceed with the James Bay hydroelectric project in Eeyou Istchee without our consent. We have all learned that such unilateral action leads to bitter conflicts that are not in the interest of any party concerned. However, our consensual relations are not limited to governments. Consistent with our right to self-determination, we have entered into more than 90 agreements with Canada and business enterprises. I am well placed to emphasize this point relating to consent, or better yet adding value, since I have often been the chief negotiator in achieving such business and government agreements.

There may also be occasions when we turn down a proposed project. About five or six years ago, when a third party proposed a uranium project in Eeyou Istchee, the Cree Nation and the Government of Quebec rejected the proposal after careful examination and reflection. Our decision received support from the Quebec government and over 200 municipalities. We have the right to safeguard our environment, economy, and way of life from unacceptable risks. We have a responsibility to protect the health, security, and well-being of present and future generations.

In conclusion, I would like to emphasize that our treaties and other agreements must remain living and dynamic agreements for our present and future generations. When there are new and unforeseen circumstances, our treaties and agreements must be appropriately amended. In regard to the James Bay and Northern Quebec Agreement, there have been at least 24 complementary agreements. La Paix des Braves, similarly, was amended in December 2003.

We believe that the two collaborative processes in Bill C-262—to ensure that the laws of Canada are consistent with the UN declaration and to develop and implement a national action plan—can be a useful complement to our treaties and agreements.

Meegwetch. Thank you.

(Bill C-70. On the Order: Government Orders:)

February 14, 2018—The Minister of Crown-Indigenous Relations and Northern Affairs—Second reading and reference to the Standing Committee on Indigenous and Northern Affairs of Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts.

Cree Nation of Eeyou Istchee Governance Agreement ActWays and MeansRoutine Proceedings

February 14th, 2018 / 4:55 p.m.
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Liberal