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.

First Nations, Inuit and Métis Children, Youth and Families Act

[The Assistant Deputy Speaker, Anthony Rota]

I believe it is called questions or comments. It is open, and we are making a rotation. I will take that under advisement, but I thought I would point out the procedure.

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

Mr. Speaker, I hope we always remain on good terms with each other as we end this debate, hopefully very soon.

I talked a little bit about love in a previous comment that I made. Love is extremely important.

My mother was extremely poor and my father was a residential school survivor and an alcoholic. He was not one of the most stellar individuals.

I was homeless as a child as well. We called it camping, but we used to live on the streets in a little pop-up tent from Canadian Tire. My mother would keep her feet against the tent door as we were sleeping at night. I think about that and about when most kids are taken. My mother never stopped loving my brother and me. That is perhaps the most important thing.

We just had Mother's Day, and Father's Day is coming up. I think about my mother and the role she played, being both a mother and a father. Even though she is not here with us, she is in the spirit world and she is in my heart because she always showed me love. That is the most important thing we have, because if we do not have love, it is very hard to be a successful human being.

I hope that this legislation will go a long way toward allowing our children—all Canadian children, whether they are indigenous or non-indigenous—to feel that love from someone, no matter who they are.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, before I start my comments, I hope that you will find unanimous consent for the following. I move:

That, notwithstanding any Standing or Special Order or usual practices of the House, at the conclusion of the speeches of the members for Kamloops—Thompson—Cariboo and Abitibi—Témiscamingue, Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families, be deemed read a third time and passed; and that the House proceed to adjournment proceedings.

[The Assistant Deputy Speaker, Anthony Rota]

Does the hon. member have the unanimous consent of the House to move the motion?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker, Anthony Rota]

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker, Anthony Rota]

(Motion agreed to)

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, because of that motion, I have to cut my speech down by 10 minutes and share my time with the member for Abitibi—Témiscamingue, which I do with great pleasure. I will highlight some of what I originally intended to talk about.

Today is a particularly important day and I truly am glad we came to an agreement to move this forward.

Having been at the ceremony for the murdered and missing indigenous women and girls and knowing how much the child welfare system played a role in some very tragic outcomes for many of the people we have heard about today, to pass this child welfare legislation on to the Senate is absolutely significant and very appropriate. It also shows significant good will in the House.

We have always expressed concern about how late in the day we received the legislation. The Senate has only about two and a half weeks. However, on the House side, there is a recognition and good will to get the legislation passed.

When we think about the murdered and missing indigenous women and girls and the child welfare legislation, many cases come to people's minds. However, the tragedy of Tina Fontaine stands out in all our minds. Her body was found in the river on October 17, 2014, wrapped in a duvet. No one was ever convicted. The authorities had someone whom they questioned, but no one has ever been convicted.

Tina Fontaine represents so many things that have gone wrong, that have been wrong for too many years and that we all need to work together to address: colonialism, intergenerational trauma, the sixties scoop and the residential schools.

In honour of Tina's memory and the significance of the day, I want to share a few details from the report that was done on Tina Fontaine. This is a bit of the executive summary and some other parts of the report. It says:

Tina Fontaine might always be known for the tragic way in which she died, but it is her life that is an important story worth knowing. It was on August 17, 2014, when most people would learn her name, but Tina's story began long before that day. It began even before Tina was born on New Year's Day in 1999. To know Tina's story, to really understand how she came to symbolize a churning anger of a nation enraged, each of us can look as far back as the arrival of European settlers, and as close to home as the depth of our own involvement or indifference in the lives and experiences of indigenous youth.

It is a certain challenge to conduct a child death investigation. To gather files and evidence, to sort through boxes of information, to speak with an ever-growing list of people who knew the child, and then to create an accurate and thoughtful story about the life of that child. This is a process of honouring legacy and uncovering truths. To understand the complexities of any child and to truly understand their life within the broader context of a family...

It goes on to say:

Tina's story was her own, and yet, it mirrors the stories of many others. The losses she experienced, the fracturing of her family, the inability to access necessary support, the promises of services that were never delivered, these are the echoes of so many other children and their families. These barriers that are experienced much more often and pervasively by Indigenous families is the story of Tina and the one that we have the opportunity to change.

One of the things the report talks about is the areas on which we need to reflect:

What were Tina's needs and those of her family?

What interventions and supports were offered and when?

What is the family perspective on the services they received?

What needs to be improved?

What do the experts say needs to happen?

What do the Elders say we need to remember?

What do youth say they need to feel supported? And,

How can tragedies like Tina's death be prevented in the future?

This morning, the Inquiry into Missing and Murdered Indigenous Women and Girls released its report, which is 1,200 pages with 231 recommendations. I do not think anyone has had the opportunity to really digest that report and the different recommendations. As I read through them, certainly there are some that jump out right away and make a lot of sense, around policing and our processes around protocols. Then there are other recommendations that one questions and wonders how they will work.

However, it is incumbent upon us all to have a look at that report, look at the recommendations and consider what we need to do. The recommendations are for all levels of government. It is federal, provincial and municipal, but also indigenous levels of government, as well as indigenous and non-indigenous communities. There is a role for everyone to play.

I will go back to the report:

While I know that the child and family services (CFS) system has long been blamed for Tina’s death, this is short-sighted and serves only to reinforce the existing structures and beliefs. In fact, Tina did not spend much time inside the CFS system.... While she was in care for a few short periods when she was very young, Tina had a family who were a significant protective force—especially her grandma and grandpa—who loved her and raised her from the time she was five years old....

It is a long story, but it is a very compelling and important one to read. Some relatives of Tina's decided that they had to do something, and I understand the Bear Clan evolved from the legacy of Tina. Her uncle was part of getting that initiative going. There are hundreds of people who volunteer and travel the streets, and they are really making a difference in that community. Out of a tragedy, there is a reflection, changes in the community and the inquiry.

In terms of Bill C-92, we had very interesting testimony from many leaders. The most compelling testimony was from the youth in care. There were three youth who came to us and shared their experiences. They talked about who they were, what they were and what the challenges were in terms of the system: how it either helped them or, in too many cases, let them down. We all owe them a great gratitude for their ability to come and share their stories so that when we looked at Bill C-92, we did not look at it as a lot of words on a piece of paper; we looked at it and reflected on their stories and how that legislation needed to change their stories.

One thing that is not in the legislation, and perhaps there needs to be better discussion about it sometime, is the whole issue of youth aging out of care. I do not know how many parents would send their children at 18 or 19 years of age out the door, wish them the best of luck and say that they have done what they needed to do. There was discussion that we would not do that to our own children. The province, the first nation community or the federal government is the parent of a child in care, and we need to think about how we can support them better. These days, someone who is 18 or 19 years old truly is not ready.

On that note, I give a big shout-out to Kamloops and the White Buffalo society. It has a home for youth aging out of care. They are bringing elders who need affordable housing into their structure, and they are going to have youth aging out of care. It is a really positive cultural experience.

My final shout-out is that Bill C-92 is a step. It is not a perfect step, and we have many other things we need to think about.

[Dan Vandal, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Mr. Speaker, I thank the member for her commitment and contributions at committee on this very difficult and important issue.

This really is a bill about jurisdiction. For the longest time, since the beginning of Canada, indigenous child welfare was under federal jurisdiction. Provinces have been involved for a long time, and many people respect provincial jurisdiction. The nub of the issue is really the inherent jurisdiction of indigenous nations to make their own laws and take care of their own children.

I wonder if the member would offer her comments on just that, the inherent jurisdiction of indigenous nations to make their own laws.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, through the committee process, we absolutely supported the inherent rights of children and the way the language was worded in the legislation. Where we expressed some concern and thought it might get a little complicated was where a first nation community or nation had not drawn down responsibility and perhaps had a child living off reserve who remained under provincial jurisdiction.

There will be some challenges. I have stated a few times that I wish the provinces had been a bit more engaged so we could have worked out those hurdles ahead of time and would not have to deal with them after the fact, which I am sure we are going to have to.

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

Mr. Speaker, I would like to thank my colleague from Kamloops—Thompson—Cariboo for her hard work on the file.

She mentioned that this is not a perfect step. If there was one item the member would recommend to the government in addition to this legislation, what would it be?

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, that is part of the answer to the last question. There should have been a more thoughtful conversation with the provinces, especially the territories. For example, the territorial Government of Nunavut had some particular concerns. That work is still going to have to happen. I know that the bill is not perfect, but it must move forward, and it is an important step.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I want to thank the member for Kamloops—Thompson—Cariboo and all members in this place for speeding up the passage of Bill C-92. I would have had a chance to make a speech tonight, and I stopped myself, because it is more important that we get this bill through.

I have some of the same misgivings as my friend. I put forward 28 amendments in clause by clause in an attempt to take up some of the recommendations of Dr. Cindy Blackstock and the First Nations Child & Family Caring Society, the Carrier Sekani Family Services and others who testified at committee, but it is important that we pass it.

I was present this morning for the very moving presentation of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Tina Fontaine's grandmother was there. I am sure that my friend from Kamloops—Thompson—Cariboo recalls that Perry Bellegarde, national chief of the Assembly of First Nations, said that she could feel that her granddaughter's spirit was with us. One of the key recommendations from the inquiry is that safe shelter for indigenous young people must be available 24 hours a day, because Tina sought help, and the doors were closed.

I know it is a 1,200-page report. We cannot have read all of it. I know I have not, but I hope everyone in this place, in Tina's memory, will commit at least that no first nation child, no child in this country, should go without protection, regardless of the time of night.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I spoke at the end of my speech about the pride I had in terms of the new facility that is going to house youth and elders together. It also speaks to communities making decisions and community capacity. Sometimes the government provides resources, but the solutions truly are at the community level.