Bill C-92 (Historical)

An Act respecting First Nations, Inuit and Métis children, youth and families

This enactment affirms the rights and jurisdiction of Indigenous peoples in relation to child and family services and sets out principles applicable, on a national level, to the provision of child and family services in relation to Indigenous children, such as the best interests of the child, cultural continuity and substantive equality.

Indigenous Affairs

[Marc Miller, Liberal, Minister of Indigenous Services]

Mr. Speaker, I would remind the member that these calls are for all of Canada and particularly non-indigenous Canadians. The federal government has a very large role to play in this and there are a number of calls to action that we have moved on quite quickly.

I would note the implementation and passage and royal assent of Bill C-91 on indigenous languages, and Bill C-92 on child and family services. These are all transformative documents to fill the inequities that have characterized our relationship as a country.

We will continue to move on today's pathway announced by the Minister of Crown-Indigenous Relations. It is one that is equally transformative with respect to missing and murdered indigenous women. I would point to the over $2 billion in the budget dedicated to implementing that.

Opposition Motion—Action Toward Reconciliation with Indigenous Peoples

[Marc Miller, Liberal, Minister of Indigenous Services]

Madam Speaker, today I will be splitting my time with the hon. member for Vancouver Centre.

Kwe. Unusakut. Tansi. Hello. Bonjour. I want to acknowledge that I am speaking today from the traditional territory of the Algonquin Anishinabe people.

Indigenous communities, families and friends are hurting. Emotions are high, and the pain is real. For indigenous people, the events this week may not be a surprise. It does not make it less of a shock or less painful. There is not a single community that is not grieving today. The news that came from Kamloops last week has opened up wounds that were not closed, even if people thought they were closed.

Our thoughts and actions at this time must support the communities and families in recovering the truth, so that they could continue to heal. We cannot heal without the truth, as painful as it is. It is on the hearts and minds of all Canadians, and frankly, if it is not, it should be.

Over the past week, people have shared piercing and atrocious anecdotes that really show what kind of places those facilities were, and indeed the testimonials today from members in the House certainly reinforces that. I thank them for their testimonials.

I was reminded by a faith healer friend who I rely heavily upon that, for example, the Mohawk Institute in Six Nations had an orchard and had apples, but the kids could not eat them. They were punished if they did. There were chickens, but the kids could not take the eggs because the eggs were sent to market. The only time they would get one was at Easter. Calling those places schools is to use a euphemism. They were labour camps, and people starved.

I know people are eager to get answers as to what the federal government will do, what we will do nationally and what Canada will do. Let me say this clearly, we will be there for indigenous communities that want to continue the search for the truth.

The reality is that this is something that will be dictated to us by the communities that are affected, as set forth notably in call to action 76 in the body of the Truth and Reconciliation Report. We will be there for communities. We do have to respect the privacy, space and mourning period of those communities that are collecting their thoughts and putting together their protocols as to how to honour these children. They have asked us specifically for that. We will do that, and Canadians must respect that.

Yesterday, the Minister of Crown-Indigenous Relations announced $27 million in funding to support the ongoing NCTR and to implement calls to action 74 to 76. This will fund support for survivors, their families and communities across Canada to locate and memorialize children who died or went missing while attending residential schools.

We also have to look one another right in the eyes and face the fact that the general public either misunderstands or is ignorant of certain chapters of our history, especially the most painful ones. This truth is hard to bear, particularly for the indigenous communities affected and for the individuals and families who are reliving very painful parts of their own history or that of their parents, cousins, uncles and aunts.

As leaders, politicians and members of Parliament, it is also our role to educate and contribute to that education. In light of what we have learned this week, it is once again clear that many more truths remain to be uncovered. Explanations are needed. Too often, that explanation comes from indigenous peoples themselves. Too often, the job of educating Canadians has fallen to them, and, too often, we do not transmit that knowledge to our children. Fortunately, children are now learning about this in school, and they are telling us the harsh truth about what happened. Placing this burden on indigenous peoples is not fair. It should not be their burden to carry.

I repeat: We will be there for indigenous communities and families. We will support the search for truth and we will implement calls to action 72 to 76, among others, with an initial investment of $27 million. This funding will be distributed according to the priorities and requests of the communities themselves.

The government's role is to financially support communities in their grieving and healing process, as the wounds are still very fresh in this case. The communities will decide themselves whether they want to proceed with more extensive searches or not.

In this particular case, we spoke directly with indigenous leaders in Kamloops and the surrounding communities to offer mental health and security services, because emotions are running high, but we will respect the space they asked us to respect.

Obviously, this is painful for families who may have had uncles, aunts or cousins who disappeared and were never heard from again, but the key point here is that the Government of Canada will be there with the necessary support and funding for the communities that need it.

One of the many things being highlighted and underscored this week, in the midst of the heartache in Kamloops, is that indigenous children belong with their families and communities. Kids belong at home, where they can be with their relatives and elders; where they can learn their nation's culture, language and traditions; and where they can be given back all that was taken from, their parents and their grandparents. Bill C-92 affirms this inherent right. I would note that this basic right is one that the rest of us take for granted.

All of us share the responsibility to ensure this happens. The number of indigenous children who have been taken away in care in recent years far exceeds the number who attended residential schools. That should set in. In 2016, more than 52% of children in foster care in Canada were indigenous, and they account for 7% of the child population. The truth is that for children taken away from their community, their connections to their cultures and traditions were impacted too.

Fixing a broken system requires long-term reforms. The Government of Canada is determined to eliminate and continues to eliminate these discriminatory policies and practices against indigenous children, and we are doing it hand-in-hand with indigenous partners. The Act respecting First Nations, Inuit and Métis children, youth and families, which responds to calls to action, is a new way forward. Indigenous governments and communities have always been empowered to decide what is best for their children, their families and their communities, and the act provides a path for them to fully exercise and lift up that jurisdiction.

As a result of this work, led by indigenous communities, two indigenous laws are now enforced: the Wabaseemoong Independent Nations law in Ontario and the Miyo Pimatisowin Act of the Cowessess First Nation in Saskatchewan. In each of these communities, children will have greater opportunity to grow up immersed in their culture and surrounded by loved ones. They will be welcomed home.

We are moving closer to achieving our shared ultimate goal of reducing the number of indigenous children in care. Systemic reform of the child and family services system is one important step. Compensation for past harms is another.

Since the CHRT issued its first order for Canada to cease its discriminatory practices in 2016, we have been working with first nations leaders and partners to implement the tribunal's orders.

We have the same goal of fair and equitable compensation. Let me be clear that no first nations children will be denied fair and equitable compensation. Children should not be denied the products or services they need because governments cannot agree on who will pay for them. It is why, via Jordan's principle, we have funded approximately $2 billion in services, speech therapy, educational supports, medical equipment, mental health services and so much more. This is transformative and the right thing to do.

The government is not questioning or challenging the notion that first nations children who were removed from their homes, families and communities should be compensated. We are committed to providing first nations children with access to the necessary supports and services, but it is important to obtain clarity on certain limited issues, which is why we brought the judicial review forward. We need to focus on what is really important, ensuring fair and equitable compensation of first nations children affected by the child and family services program and that first nations children have access to the supports they need when they need them.

I would remind the House that there are also two competing class actions that deal essentially with the same group of children. We are, nevertheless, in discussions with the parties to the various cases, but those discussions must remain confidential out of respect.

Finally, no court case can achieve the transformative change that we need to achieve as a country.

As the recent discovery in Kamloops reminds us once again, every child in this country should have the support and services they need to thrive.

Removing a child from their family or community must be an absolute last resort. We need to do the work to change the system and ensure that every person is treated equally and fairly, without prejudice or injustice, and with respect and dignity. It is our responsibility as a government and as Canadians who want to make Canada a better place for everyone.

We cannot change the past, but we can learn from it and find ways to right some historic wrongs, to acknowledge what never should have happened and do everything we can to ensure a better future.

Meegwetch. Nakurmik. Masi cho.

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Madam Speaker, my colleague gave a very heartfelt speech today.

The other night during debate, the member for Northwest Territories said, “It is time to move forward. It is time to take action. We have to start moving and get all the TRC recommendations done.” We all agree with that, and the member mentioned it in his speech.

The TRC had a full section on child welfare, and I know the hon. member was part of the last Parliament when we passed Bill C-92. In 2020, the government allocated $542 million for capacity building and agreement tables to implement Bill C-92. There was additional funding in budget 2021.

I just wonder what the hon. member's thoughts are on the importance of implementing Bill C-92 so that we do not have children being taken out of their communities and away from their families, and on returning the inherent right to indigenous communities to look after their own children and provide—

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, our government is committed to providing comprehensive, full, fair, equitable compensation to first nations children. We are committed to addressing the long-standing unmet needs of first nations children. We have implemented Bill C-92 and are working to ensure that children can stay in their communities.

Indigenous Affairs

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, since we are starting off with personal greetings and messages, I would like to wish my grandmother, who turned 90 yesterday, a very happy birthday. I am so incredibly proud of her. She continues to be in good health. I am sad that I was not able to be with her.

Earlier this month, on November 5, I asked a question that I felt the government did not give a meaningful response to. The government has been told, repeatedly, by the Canadian Human Rights Commission that its discrimination against indigenous children has to stop.

We know that indigenous children in Canada are overrepresented in our child care system. It is very clear. We have looked at the numbers. We know that children from these communities are facing systemic racism, and that the resources given to other children are not the same as are given to these children.

We know the history of Canada. We know where we have come from. We know about residential schools and the colonial system, and we are still not seeing indigenous children given the respect they deserve.

I am here because indigenous children matter, and because they do not get a second childhood. The history of Canada is one of generations of indigenous children being stolen, and then having their childhoods stolen. Now we see the pattern is continuing and not ending.

In his response to me, the Minister of Indigenous Services said:

We intend to compensate first nations children harmed by the discriminatory child and family services policies. Throughout this process, our focus remains on advancing a plan that prioritizes the best interest of the individual child and puts the safety, well-being and security of that child at the forefront.

However, we know that the government is still taking indigenous children to court. We know that, repeatedly, the government has received non-compliance orders telling it that it is still not fulfilling its obligation. The problem is vast, but the core of it is that we do not see the care and concern for indigenous children that we need to see in this country.

I just want to remind all of us that there is a plan. The First Nations Child and Family Caring Society has brought forward the Spirit Bear plan, which is looking to end the inequalities in public services for first nations children, youth and families. I am tired of hearing that the government has gotten another non-compliance order.

Indigenous children matter so very much, and we have to keep them safe. The only way we can do that is by making sure that they have the resources in those services to support them. We also have to start looking at our government departments and making sure that any part of our government that interacts with first nations is starting to look at the inequalities, and that the investment is there.

Even in Bill C-92, which the government assures will finally fix this, one of the biggest gaps in it continues to be the number of resources.

It is time to get real and to get on to it. We know that in September 2017, the Assembly of First Nations passed a unanimous resolution supporting the Spirit Bear plan to end all inequalities in federally funded public services. Why has the federal government simply not implemented it, three years later?

Citizenship Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, not that long ago I stood in the chamber speaking to the second and maybe even third reading of Bill C-92 in the previous Parliament. Within that legislation, we allowed for and encouraged the further devolution of child care to indigenous agencies so that they would be more engaged with respect to children of indigenous backgrounds. I saw that as a positive step. Call to action No. 1 talks about children. Yes, there is still more for us to do and we are committed to doing just that.

[Michael McLeod, Liberal, Northwest Territories, NT]

Madam Speaker, I would like to acknowledge that I am speaking from the traditional homeland of the Dene, Métis and Inuvialuit of the Northwest Territories.

I am of Métis descent. I am a member of the Dehcho First Nations. We are known as the “big river” people. I believe I am the only sitting member who attended the residential school program, or the hostel program as we knew it.

I am grateful to have the opportunity to speak in support of the government’s bill that would revise the oath of citizenship. It continues our government’s important work to walk the shared path of reconciliation and the implementation of the TRC's calls to action.

I would like to point to a number of key legislative initiatives that address calls to action and advance reconciliation.

Bill C-91, the Indigenous Languages Act, received royal assent in June 2019. This act supports the Government of Canada’s efforts to reclaim, revitalize, strengthen and maintain indigenous languages in Canada. The act was developed to address calls to action numbers 13, 14 and 15; elements of the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP; and the Government of Canada’s commitment to a renewed relationship with indigenous people based on the recognition of rights, respect, co-operation and partnership.

That same month, in June 2019, royal assent was given to Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families. It came into force on January 1, 2020. This act was co-developed as part of Canada’s efforts to reform indigenous child and family services, which included implementing call to action number 4. It affirms the rights of first nations, Inuit, and Métis to exercise jurisdiction over child and family services and establishes national principles such as the best interests of the child, cultural continuity and substantive equality, which help guide the provision of indigenous child and family services.

The act was the result of extensive engagement with first nations, Inuit and Métis, treaty nations, self-governing first nations, provincial and territorial governments, and those with lived experience, including elders, youth and women. It reaffirms the government’s commitment to advancing self-determination and eliminating existing disparities between indigenous and non-indigenous children and youth.

The act also lays out flexible pathways for indigenous governing bodies to exercise jurisdiction over child and family services at a pace they choose. Through the act’s legislative framework, they can move forward with their own service delivery models and laws and choose their own solutions for their children and families. It ensures indigenous children are cared for in the right way, with connections to their communities, cultures and languages. Furthermore, since January 1, 2020, every service provider, province or territory delivering child and family services to indigenous children and families will need to follow the minimum standards found in the act.

Bill C-5, an act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code regarding a national day for truth and reconciliation, was introduced by the Minister of Canadian Heritage on September 29, 2020. If passed, this bill will be an important step in responding to call to action number 80 by establishing the national day for truth and reconciliation on September 30 as a statutory holiday for federally regulated workers. This national day would honour survivors, their families and communities. It would also remind the public of the tragic and painful history and legacy of residential schools that remains a vital component of the reconciliation process.

The Government of Canada continues to work closely with partners to address the remaining calls to action.

In June 2019, the government received the final report from the National Inquiry into Missing and Murdered Indigenous Women and Girls, entitled “Reclaiming Power and Place”. It responded to call to action number 41, which called for the launch of a public inquiry into the disproportionate victimization of indigenous women and girls.

Furthermore, the Government of Canada is committed to gender equality and reconciliation with indigenous peoples, and has eliminated all the remaining sex-based inequalities in the Indian Act registration provisions, which go back to its inception 150 years ago. We committed to eliminating all sex-based discrimination in the Indian Act registration, and we delivered on that promise.

Bringing Bill S-3 into force also responds to the National Inquiry into Missing and Murdered Indigenous Women and Girls calls to justice and provides justice to women and their descendants, who fought for these changes for decades. We will continue with partners and other levels of government to respond to the findings of the national inquiry and to this national tragedy.

In closing, I reiterate that the government is determined to address the historical, colonial racism and injustice of yesterday, just as we are determined to root out and expose the racism of today. As Canadians have seen all too clearly during this difficult time, racism, both systemic and social, continues to be all too prevalent in our country. It must not and cannot be tolerated, for that, too, is part of the healing process, just as this bill is part of the healing process.

This bill represents progress on the shared path to healing and reconciliation. It responds to concerns expressed in the final report of the Truth and Reconciliation Commission. It points the way to a more inclusive Canada. Moreover, by amending the oath of citizenship, it represents greater awareness and answers call to action 94.

I am pleased to offer my full support of the bill before us.

[Yvonne Jones, Liberal, Parliamentary Secretary to the Minister of Northern Affairs]

Madam Speaker, it is a pleasure to speak today. I would like to acknowledge that the House of Commons, where this debate is based today, is on the traditional territory of the Algonquin nation. I am speaking today from my riding of Labrador, which is the traditional homeland of Inuit and Innu. We are very proud of the culture that we share together in this big land.

The story of indigenous peoples in Canada is a history that stretches far into the past, before the arrival of the European newcomers to Canada. Indigenous peoples have a fundamental role in Canada's past and are a strong pillar of our society. Those are words people hear at many citizenship ceremonies across Canada. Taking the oath of citizenship is a vital step in the process of becoming a Canadian citizen, and it is recited as the final legal step to becoming a Canadian citizen, which is important to note.

During the ceremony, participants accept the rights and responsibilities of citizenship by taking the oath of citizenship, after which they become Canadian citizens and receive a certificate to mark that particular designation. It is important for both new Canadians and those who are born here to learn about indigenous people and the rich history of indigenous culture. This legislation, an act to amend the citizenship act, proposes to change Canada's oath of citizenship to include clear reference to the constitution, which recognizes and affirms the aboriginal and treaty rights of first nations, Inuit and Métis peoples.

The proposed amendment to the oath reflects the Government of Canada's commitment to reconciliation with indigenous peoples, based on recognition of rights, respect, co-operation and partnership. It is part of the government's ongoing response to the calls to action of the Truth and Reconciliation Commission. Of the 96 calls to action, 70 are within the Government of Canada's purview. We are working very hard to deliver on those recommendations because we believe that it is the right path and it is the true path to reconciliation.

The changes are an important and necessary step to advance Canada's broader agenda for reconciliation and to strengthen the country's valued relationship with indigenous peoples. The government's proposed amendment to the Citizenship Act would allow new Canadians to fully appreciate and respect how indigenous peoples are a critical part of our country's history and our country's identity. The new citizenship oath will also reflect our expectations that new Canadians demonstrate an understanding of indigenous peoples and their constitutional rights.

Canada must continue to stand up for the values that define this country, whether that is welcoming newcomers, celebrating our LGBTQ2 communities or embracing our two official languages.

Put simply, the walk toward reconciliation includes the need to address systemic racism in Canada. No relationship is more important to our government than the one with indigenous peoples, and we continue to forge a renewed relationship with them based on the recognition of rights, trust, respect and a true spirit of co-operation. That is why across the country we have worked together to close the quality of life gap between indigenous and non-indigenous people. We have made important progress on this. The last three budgets alone provided $16.8 billion in new funding for indigenous peoples, an increase in planned spending for 2021 of 34% over what was budgeted in 2015.

All children in Canada deserve a real and fair chance to reach their full potential, no matter where they live. By continuing to collaborate with first nations and with Inuit partners, the government is working to eliminate barriers to quality health care and to foster the culturally relevant, social supports that children need in order to succeed. Bill C-92 helped reform the indigenous child care and child welfare in this country. We know from our co-operation with indigenous governments, from learning from them and taking their advice that we can lead in a better direction for all indigenous people.

When we look at distinctions-based funding for post-secondary education, we know it is helping first nations, Inuit and Métis students access better education and succeed in their studies. We have seen it over and over again.

In addition, the government has taken action to help communities reclaim, revitalize, maintain and strengthen indigenous languages and to sustain their important cultural traditions and histories. By promoting indigenous entrepreneurship and business, the government will help first nations, Inuit and Métis people. It will help them fully contribute to and share in Canada's economic success. This is a critical part of advancing reconciliation and self-determination.

While the path to reconciliation is long and we know it is challenging and will often be met with difficulty in different aspects, as a government, we will continue to walk that path with all first nations, Inuit and Métis peoples and with all Canadians. We will do so in our actions and interactions.

As I mentioned earlier, the proposed changes to the oath that we are talking about today are an important and necessary step to advance Canada's broader agenda for reconciliation with indigenous people in this country. These changes demonstrate to new Canadians and, in fact, all Canadians a deep respect for indigenous peoples, and they recognize that the histories of first nations, Inuit and Métis people are a vital part of Canada's fabric and identity.

Since Liberals became government in 2015, we have invested more money historically than any government before us to address the significant challenges that have faced indigenous peoples in Canada. We are very proud of the reform that we have done around the child welfare act. We are very happy with the progress that we have been able to make in so many different indigenous communities across Canada.

We were the first government to commit to addressing the issues of clean water, housing and so many other pieces of important infrastructure, where we knew there were huge gaps. However, we did not do it alone. We did it with the support, guidance and input of indigenous governments through the Crown-Inuit partnership table and through the partnership tables with first nations and Métis. We heard first-hand from national leaders, band councils and heads of governments in indigenous communities what was important to them, what they wanted from government and how we should move forward in partnership with them.

Out of that, we have seen a lot of investments that were directly needed, important and critical at the time, along with longer-term strategies: strategies to eradicate tuberculosis over a 10-year period, strategies to deal with mental health and addictions in indigenous regions, strategies that looked at their own education systems and how they could play a more critical role in the delivery of health care and social welfare programs on reserve.

We have continued to work with leadership because we know that they know it better. As the Government of Canada, we are here as a true and full partner at the table not only to listen and learn but also to walk the path of reconciliation and make the tough choices that have to be made on that path to reconciliation. The Government of Canada and the Prime Minister have stood up and apologized for the past wrongs that have been done to indigenous peoples in this country, to make amends. It is all part of our walking together in reconciliation as a country.

Reconciliation is not just with indigenous people; it is with all Canadians. I have heard that statement many times. I have heard many members in the House of Commons make that statement, and no words could be truer.

We all have a job to do and a role to play. What members are seeing today with the calls to action under the Truth and Reconciliation Commission is just one other way the Government of Canada is stepping up to do what is right and what should have been done for a long time—

Bills of Exchange Act

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, I hope the member takes some time to look at the reality of his own government. Bill C-92 came up in the last Parliament. One of the things that was fought for, by me as the vice-chair of the indigenous and northern affairs committee and by many indigenous leaders across Canada, was the amount of resources the people need to get this work done.

The reason indigenous children are in care today at such high rates is because we have had continuous Conservative and Liberal governments pass the buck and continue to use language like the parliamentary secretary did in his question: to get indigenous communities to come together and create solutions. They are coming together. They are working hard every day because they do not want to see their children leaving their communities. What they require are the resources. Any time any government wants to stand up and be accountable for that I will be happy to work with it, but I still have not seen it.

Judges Act

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, definitely I will tell the member what happened when it came to the Senate delay.

It was coming to May of that year and the government woke up and realized that it had passed the least legislation of any government before it. It decided to put a slew of things in. We had Bills C-91, C-92, C-93 and a whole bunch of them come in. The Senate has a protocol where they have to address government business first, before private members' business, which this was at the time. That is what happened there.

I assure the member that the Conservative senators are on the page and absolutely believe that we need to do something to address sexual assault in this country, and will support this bill as well as others that take that measure.

Supplementary Estimates (A), 2020-21

[Marc Miller, Liberal, Minister of Indigenous Services]

Madam Chair, I must confess I am having some difficulty seeing the member opposite on the other side of the House. It is much more comforting to have her here, although she does keep us quite heavily to account, as people paying attention can clearly hear.

The member will have noticed, and underlining her point is the fact that the national action plan is not a static document. Vote 10 in particular has $6 million appropriated to continue engagement with members, including families and subscribers, for the calls to justice.

The member will also have noted last week that we announced $40 million for 10 new shelters across Canada. This is not a static document.

I will take the time to also say that this is not a federal document. This is a document that involves input from provinces, from territories and, most importantly, from indigenous peoples who guide the way forward as to how we move forward as a nation. The funding response is one element. We did not wait to do so.

There is a legislative response that is embodied in Bill C-91 on indigenous languages and in Bill C-92 on child and family services. These are all part of what we call a whole-of-government approach, but underscoring that, more important should be the fact that this is about keeping people safe and keeping the most vulnerable people, indigenous women and children, safe in our country as we move forward. Again, the document is not a static document. It will be a guide for how we move forward as a nation.

Relations with Indigenous Peoples

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

Madam Speaker, it is an honour to stand here this evening on the unceded territory of the Algonquin people.

First I want to thank the member for New Westminster—Burnaby for calling for this important debate this evening.

It is important for us to be able to discuss the issues and possible solutions here in this place no matter what our party lines are.

Canadians are upset. As the Prime Minister expressed so eloquently this morning, Canadians expect us to work together to get through this together. Young people have tearfully expressed to me how upsetting it has been for them to see the images and hear from their friends of being arrested for standing for what they believe in. This happened a year ago and then again earlier this month.

As we heard in the heartfelt words of the Minister of Indigenous Services, we believe we have learned from the crisis at Oka, but also Ipperwash, Caledonia and Gustafsen Lake. Last year, we said that we never wanted to see again the images of police having to use force in an indigenous community in order to keep the peace.

Canada is counting on us to work together to create the space for respectful dialogue with the Wet'suwet'en peoples. We all want this dispute resolved in a peaceful manner. We want the Wet'suwet'en peoples to come together and resolve their differences of opinion.

We want absolute clarity and a shared understanding of the Wet'suwet'en laws.

We are inspired by the courageous Wet'suwet'en people who took the recognition of their rights to the Supreme Court of Canada in the Delgamuukw case in 1997. Since 2018, we have been able and proud to invest in their research on specific claim negotiations, negotiation preparedness, nation rebuilding and the recognition of rights tables, as well as their contributions to the B.C. Treaty Commission processes.

Two years ago, I was proud to sign an agreement with hereditary chiefs of the Office of the Wet'suwet'en on asserting their rights on child and family services. Since then, our government has passed Bill C-92 so that all first nations would be able to pass their own child well-being laws and no longer be subject to section 88 of the Indian Act, which gave provinces laws of general application for things other than where Canada was explicit about the rights of first nations on health and education.

Across Canada, over half of the Indian Act bands are now sitting down at tables to work on their priorities as they assert their jurisdiction. From education to fisheries to child and family services to policing or to their own court systems, we have made important strides forward in the hard work of, as Lee Crowchild describes it, deconstructing the effects of colonization.

In British Columbia, we have been inspired by the work of the B.C. Summit, as they have been able to articulate and sign with us and the B.C. government a new policy that will once and for all eliminate the concepts of extinguishment, cede and surrender for future treaties, agreements and other constructive arrangements.

We have together agreed that no longer would loans be necessary for first nations to fund their negotiations with Canada. We are also forgiving outstanding past loans, and in some cases paying back nations that had already repaid those loans.

We have worked with the already self-governing nations on a collaborative fiscal arrangement that will provide stable, predictable funding that will properly fund the running of their governments.

This new funding arrangement will provide them with much more money than they would have received under the Indian Act.

The conditions are right to move the relationship with first nations, Inuit and Métis to one based on the affirmation of rights, respect, co-operation and partnership as written in the mandate letters of all ministers of this government.

It has been so exciting to watch the creativity and innovation presented by the Ktunaxa and Sto:lo nations in their negotiations of modern treaties.

We were inspired to see the hereditary chiefs and the elected chief and council of the Heiltsuk nation work together to be able to sign an agreement with Canada on their path to self-government. Many nations have been successful when elected and hereditary chiefs have worked together, and I look forward to having these conversations with the Wet'suwet'en nation.

It is now time to build on the historic Delgamuukw decision. It is time to show that issues of rights and title can be solved in meaningful dialogue.

My job is to ensure that Canada finds out-of-court solutions and to fast-track negotiations and agreements that make real change possible.

After the Tsilhqot'in decision, we have been inspired by the hard work of the Tsilhqot'in national government to build its capacity as a government, to write its constitution and its laws, and establish its government.

I look forward to hopefully finding out-of-court processes to determine title, as we hope for Haida Gwaii. There are many parts of Canada where title is very difficult to determine. Many nations have occupied the land for varying generations. I will never forget that feeling on the Tsilhqot'in title land at the signing with the Prime Minister, looking around, the land surrounded by mountains, where the Tsilhqot'in people have lived for millennia. It seemed obvious that anyone who stood there would understand why they had won their case at the Supreme Court of Canada.

We are at a critical time in Canada. We need to deal effectively with the uncertainty. Canadians want to see indigenous rights honoured, and they are impatient for meaningful progress.

Canadians are counting on us to implement a set of rules and processes in which section 35 of our Constitution can be honourably implemented. We are often reminded that inherent rights did not start with section 35: They are indeed inherent rights, as well as treaty rights.

The UN Declaration on the Rights of Indigenous Peoples is an important first step in getting there. We need to properly explain, as have many of the academics and so many of the courts, that free, prior and informed consent is not scary. Consent is not a veto. Bill C-69 means that indigenous peoples and indigenous knowledge will be mandatory at the very beginning of a proposal for any major project.

Section 19 of the UN Declaration on the Rights of Indigenous Peoples has really been described as a process for land use planning in which the rights of indigenous people are respected.

As we have learned from the experience in Nunavut, where the land claims have been settled, good projects receive a green light, bad projects a red light, and mediocre projects are sent back to the drawing board to improve their environmental stewardship or cultural protection or employment for the Inuit beneficiaries. Nunavummiut accept the decisions of this process wherein the federal, territorial, and Inuit rights holders have taken the decision together.

Canadians acknowledge that there has been a difference of opinion among the Wet'suwet'en peoples. We have heard often in the House that 20 elected chiefs and council agreed to the project in consultation with their people. Women leaders have expressed an opinion that the project can eliminate poverty or provide meaningful work for young men and reduce domestic violence and incarceration. Some have expressed that in an indigenous world view, providing an energy source that will reduce China's reliance on coal is good for Mother Earth.

However, it is only the Wet'suwet'en people that can decide. We are hoping the Wet'suwet'en people will be able to come together to take these decisions together, decisions that are in the best interests of their children and their children for generations to come.

We applaud the thousands of young Canadians fighting for climate justice.

We know that those young people need hope, that they want to see a real plan to deal with the climate emergency. We do believe that we have an effective plan in place, from clean tech to renewable energy, public transit, and protection of the land and the water.

We want the young people of Canada and all those who have been warning about climate change for decades to feel heard.

They need hope, and they need to feel involved in coming up with real solutions.

Tonight there is an emergency debate because our country is hurting. It is for indigenous peoples and all those who are being affected coast to coast to coast.

Yesterday I met in Victoria with British Columbia minister Scott Fraser, and this afternoon had a call with hereditary chiefs and conveyed that we are ready to meet with the hereditary leadership of Wet'suwet'en at a time and place of their choosing.

Together with the Prime Minister and the premier, we want to support the solutions going forward. We want to address their short- and long-term goals. We want to see the hope and hard work that resulted in the Delgamuukw decision of 1997, to be able to chart a new path with the Wet'suwet'en nation in which there is unity and prosperity and a long-term plan for protecting their law, and as Eugene Arcand says, LAW: land, air, water. We also want to see a thriving Wet'suwet'en nation with its own constitution and laws based on its traditional legal customs and practices.

We want to thank Premier Horgan for his efforts to resolve this problem and Murray Rankin for the work that he has undertaken since April of last year to work with the elected chiefs and council as well as the hereditary chiefs on their rights and title. We want to thank Nathan Cullen for his efforts to try and de-escalate this situation.

I am very proud to work with the Province of British Columbia, and I think all in this House congratulate it on the passage of Bill 41, where in Canada the UN Declaration on the Rights of Indigenous Peoples is now legislated.

Our government is invested in and inspired by the work of Val Napoleon and John Borrows at the Indigenous Legal Lodge at the University of Victoria. They will be able to do the research on the laws of many nations so that they can create a governance structure and constitutions in keeping with those laws. It is important to understand the damage done by colonization and residential schools that has led to sometimes different interpretations of traditional legal practices and customs.

We think that, one day, Canada will be able to integrate indigenous law into Canada's legislative process, just as it did with common law and droit civil.

We are striving to implement the Truth and Reconciliation Commission's calls to action and to increase awareness of our shared history. We all need the indigenous leadership to know that we are serious. We are serious about rebuilding trust and working with respect, as the Minister of Indigenous Services and the Prime Minister have expressed today in such heartfelt ways.

We hope that the Wet'suwet'en will be able to express to those in solidarity with them that it is now time to stand down to create that space for a peaceful dialogue, and to let us get back to work towards a Wet'suwet'en nation with its own laws and governance that can work nation-to-nation with the Crown.

Although I returned to Ottawa for this debate tonight, I am hoping to be able to return to B.C. as soon as possible to continue that work.

Supplementary Estimates (A), 2019-20

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Madam Chair, Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families is something that has received a lot of support in the House. The throne speech has articulated that the government plans to move forward with indigenous communities.

How can indigenous communities move forward on Bill C-92 by making their own decisions regarding child welfare when there is no plan for transition?

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

Mr. Chair, the first nations, Inuit and Métis across the country are very grateful for Bill C-92. With respect to asserting jurisdiction, we have to allow that the people can assert the jurisdiction to look after its own families with the adequate funding to do that. We know that in terms of how we determine fair and equitable funding, our government did not think we would be able to get that done throughout an election and by this week. Therefore, it is really important. The January 29 date is coming up, but I am hearing from families. They want this to be fair and they feel there has to be a negotiation at a table to actually determine what is fair.

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

Mr. Chair, I thank the member for his ongoing advocacy.

Any child who dies in care is one child too many. This has been a national tragedy and is a key part of missing and murdered indigenous women and girls. It is a key part of how failed government policies for generations have resulted in this terrible tragedy.

Our government has decided, with the families, to do everything we can to not separate families and not have children in care. Bill C-92 will mean that communities will have the resources necessary to keep those families together, to get that child to the healthy auntie or healthy grandparents and to bring their children home.

The children in care who are in unsafe circumstances in the cities of this country are leading to this tragedy. I also want to assure the member that we have to compensate the people who were harmed by this failed policy.