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.

[Lenore Zann, Liberal, Cumberland—Colchester, NS]

Thank you. I have one more quick question.

One of our most important priorities is reducing the number of indigenous children in care. I was pleased to see Bill C-92 receive royal assent in 2019.

Can you tell the committee how C-92 will return jurisdiction over child and family services to indigenous communities so that they can decide what's best for their own communities?

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Thank you, Mr. Chair.

My questions will mostly be for the indigenous services group, because that's the file I'm looking at.

As you mentioned in your report, in June of 2019, Bill C-92, an act respecting First Nations, Inuit and Métis children, youth and families, became law. It was implemented on January 1, 2020. Jeffrey Schiffer, director of Native Child and Family Services of Toronto, Canada's largest urban indigenous child welfare organization, is quoted in a CBC article as saying, “I think it was quick and it was hasty.” He went on to say, “Honestly, it's a little bit reckless to have this legislation come into force without regulations that guide its implementation, and we still have so many different ideas across Canada about what's going to happen [with this].”

I have two questions in that regard. What is the status of creating the regulations to guide the implementation from coast to coast? How many indigenous communities have currently given notice of intention to the Minister of Indigenous Services to assume responsibility for their children?

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.

[Daniel Wilson, Special Advisor, Research and Policy Coordination, Assembly of First Nations]

Thank you, Mr. Chair, for the invitation to speak with the committee today as we meet on the unceded territory of the Algonquin nation.

The Assembly of First Nations has developed a submission reflecting a broad range of investments that would support the participation of first nations in the economy. I believe it has been distributed to members. My thanks to the clerk.

As we have noted with this committee in the past, closure of just the education and employment outcome gaps between first nations and other Canadians would provide an additional 1.5% to Canada's gross domestic product. Among the investments set out in the document we have provided, I'd like to highlight four priorities that I believe could provide the greatest return on investment, with each of these moves forward a shared priority of first nations and the Government of Canada, building on important work already done and being done.

The first is the implementation of the Indigenous Languages Act, passed by the previous Parliament. The revitalization of first nations languages is a key step in reversing one effect of Canada's former residential school policy—the erasure of our languages. Knowledge of one's language also leads to better educational attainment and supports better employment prospects, part of that GDP growth to which I alluded earlier. The investments detailed in our handout were calculated by former associate deputy minister of finance Don Drummond, and take into account the investment made in budget 2019.

The second priority I'd highlight is similarly about implementing legislation passed in the previous Parliament, An Act respecting First Nations, Inuit and Métis children, youth and families. Again, the roots of that legislation lay in our colonial history and the failure to provide adequate care to first nations children. The important step of recognizing the jurisdiction of first nation governments through legislation is most welcome, but that jurisdiction needs financial support. The investment called for in our submission will support implementing first nations' jurisdiction. It would result in fewer children in the system and reduce the social costs of the damage being done to them currently. Those reduced social costs will be joined, once again, by better outcomes for first nation citizens and concomitant benefits to Canada's economy.

The third area I would like to highlight is housing. Regional Chief Picard of the Assembly of First Nations Quebec-Labrador spoke to this in this committee yesterday, so I will use this time solely to augment his remarks. I would point out that the investment called for in our submission would also give effect to one of the simplest and most concrete recommendations from the inquiry into missing and murdered indigenous women and girls that this government conducted over the previous Parliament. As that inquiry reported, lacking suitable housing alternatives, young women move out of their communities and find themselves in environments that are not secure and that expose them to harm. This investment can prevent that vulnerability and save lives.

In addition, it is well established that the ability to function at both school and work is dependent on the quality of housing. Committee members can easily imagine how difficult it is to function at school or work the next morning when upwards of 20 people are sharing a three-bedroom house, as is too often the case in first nation communities. Addressing this need will reduce social costs and provide benefits to the greater Canadian economy through enhanced productivity.

The final priority I'd like to bring to the committee's attention is governance funding. The Assembly of First Nations welcomes the unprecedented investments made by the current government over the past four budgets. The investment in governance detailed in our submission will increase the return on investments made to date and any that may come in the future. Every government requires strong governance systems in order to make efficient and effective use of the resources at their disposal. First nation governments are no exception.

Funding for first nations governance has not risen by more than 2% in any year since 1997, thus failing to keep up with inflation, let alone other cost drivers. As a result, current funding for first nation governance amounts to just over 3% of spending, whereas most governmental organizations operate in the 10% to 15% range of expenditures. This is simply unsustainable for our governments. The investment outlined in our submission would provide for institutional development; the creation and functioning of shared service organizations; recruitment and retention of qualified staff; and the strengthening of financial management, human resource, and IT systems, and all other essential governance structures required to run an effective and efficient government. By investing in good governance, first nations are able to make better use of the resources available to them.

Canada and first nations share a desire to increase self-determination for first nations, as we agree that this, above all else, will improve the quality of life of first nations' citizens. However, jurisdiction, without the fiscal capacity to exercise that jurisdiction, is hollow. This investment in governance funding could be the most important step that Canada can take to support the important work that first nations and Canada are engaged in together.

First nations' priorities are Canada's priorities. The return on investment is clear and benefits us all.

I look forward to your questions.

Thank you. Wela'lioq.

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.

[National Chief Perry Bellegarde, Assembly of First Nations]

Thanks, Mr. Chair.

[Witness spoke in Cree]

[English]

To all the distinguished members of the committee, I'm very happy to be here acknowledging you all as friends and relatives. I also acknowledge the Algonquin peoples for hosting this on their ancestral lands. For me, from our AFN, I'm happy to be here.

I want to share some perspectives. I'm very honoured to speak here on behalf of the Assembly of First Nations regarding Bill C-100. I'll also say a few words about the process to negotiate, ratify and implement the Canada-United States-Mexico agreement.

Trade in resources and goods in this land, I always say, began with us, the indigenous peoples. The participation now in 2019 in international trade should not be seen merely as part of history. Going forward, how do we get more involved?

As self-determining peoples, we have interests and rights respecting today's international trade agreements. We've always said that for far too long we have not seen the benefits from international trade flow to our businesses or to our communities as first nations people. These facts should form a part of legal and political frameworks when Canada explores new free trade agreements. I've always said, from a first nations perspective in Canada, that whenever Canada goes out to negotiate or discuss anything from softwood lumber to trees, anything from potash in southern Saskatchewan, to uranium in the north or any oil, coal, or whatever natural resource it is, indigenous peoples should be involved and should be participating, because there's respect or reference that we still have unextinguished aboriginal title and rights to the land and territory and resources. It's a simple fact. So we need to be involved.

When Canada, through Minister Chrystia Freeland, welcomed me to be on the NAFTA advisory committee, it was very important, because to date, indigenous peoples haven't been involved. We also had indigenous officials working as part of the working group. In the end, we'll say that this work resulted in the most inclusive international trade agreement for indigenous peoples to date. It's not perfect, but to date it's the best that we have in Canada.

With the ratification of the Canada-United States-Mexico agreement, we would take a step to making international trade more aware of and more equitable in its treatment of indigenous peoples, and especially for indigenous women entrepreneurs. We still have more work to do.

We believe the Canada-United States-Mexico agreement is a step in the right direction with the new general exception for indigenous rights with respect to inherent and aboriginal and treaty rights. As well, with specific preferences to carve out procurement benefits and other opportunities for indigenous businesses and service providers, there's also a promise of future co-operation to enhance indigenous businesses. As well, importantly, the investor-state dispute settlement process, which was a threat to indigenous people's rights, will be phased out for Canada. This is the groundwork for positive change.

While the Canada-United States-Mexico agreement is a new example of the difference it makes to engage with indigenous peoples at an early stage, there must be increased opportunities for first nations participation not only in international trade negotiations but also in trade missions.

Canada should extend an official role to first nations in negotiations of all international agreements on trade and investments that impact inherent treaty aboriginal rights. This would better reflect the nation-to-nation relationship and the whole-of-government commitment by Canada to implement the United Nations Declaration on the Rights of Indigenous Peoples. In addition, the inclusion of first nations leads to better decisions and better outcomes.

With regard to Bill C-100, what I'm recommending to all the committee members here is that there should be in place a non-derogation clause. It's a safe clause, that nothing in this agreement will affect existing aboriginal treaty rights, which are affirmed in section 35 of Canada's Constitution. I'm making that recommendation as well as that it be interpreted and implemented consistent with those rights in section 35. It's good to have it ratified by Canada, the United States and Mexico on one hand, but each nation-state will come back and do some sort of legislation with the implementation. That's the piece we're looking at making the recommendation on. I'm not advising that we open up the agreement; no, leave it the way it is, but move in tandem with the other two countries to get it ratified. We have to be careful to be not too fast and not too slow, because if one of the three countries doesn't get it ratified, the deal is not going to be implemented.

It's not just that international trade and investment agreements can impact our rights, but also how the agreement is implemented through domestic regulatory and policy matters. That has to be looked at. Once the agreement is ratified, we must work together to realize the economic gains and ensure the provisions related to indigenous peoples in international trade agreements are implemented in a manner that brings greater economic equity to first nations peoples.

The first area where indigenous peoples can see the benefits from this agreement is government procurement. Procurement is always a big thing. Everybody says this should be easy, that it's low-hanging fruit. Canada must move from policies and objectives to mandatory requirements for procuring goods and services from first nations businesses. The Assembly of First Nations is ready to work with Canada to make sure we develop legislation together for social procurement that benefits first nations and other indigenous peoples.

The only other thing I'd like to share here before concluding is there are three or four very important bills we want to see passed before this week is up. Bill C-91 on languages, Bill C-92 on child welfare, and two private members' bills, Bill C-262 and Bill C-337, all need to be passed. If in the event the legislature is called back, those should form the priority. But we're hoping and praying that all MPs, all the leadership here on Parliament Hill, will get behind and pass those pieces of legislation as soon as possible.

That's it, Mr. Chairman. Thank you for the time.

Access to Information Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as the member was speaking, she talked about and was very critical of the Access to Information Act. She was very critical of Bill C-91 and Bill C-92, all of these wonderful pieces of historical legislation that have moved the bar significantly forward.

The other day, we talked about national pharmacare, and the New Democrats asked, what about hearing and all of these other things? We talk about a national housing strategy, and they say we need to have more houses. We could never, ever please the New Democratic Party here. There is no legislation before the House that they would say they agree with it in its entirety and that we have done a good job on.

Does the member opposite not recognize that within this legislation, where there are significant reforms that have been long overdue, over 30 years overdue, along with other pieces of legislation, there are a lot of good things happening? They can say some positive things. Even when I was in opposition, I said positive things at times to the government. It is okay to agree that the legislation is good at times. Would the member not agree?

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

Mr. Speaker, I am here today to speak to the government motion on the Senate amendments to Bill C-58.

Before I do that, though, I also want to take this opportunity to congratulate my brother Toron and his wife Jacqui.Today is their wedding anniversary, and I know that they are spending the day with my nieces and nephew, Abby, Malcolm, Josie and Zylia. I just wanted to acknowledge that this is another day, as many of us know in this House, that we do not get to be with family. I wanted to make sure that they know that I am thinking about them today.

Today we are talking about something that is fundamentally important, which is access to information, the tools we have to access information as parliamentarians representing everyday Canadians, and how that information can be accessed by journalists and reporters in this country.

I have been in this place for almost four years. I have worked really closely with my constituents on these issues. I have talked to them about the different tools I have as a parliamentarian and where they need to go to get information. They need to feel more connected to the government and to the people who represent it here in this place. I am very passionate about this issue.

Today we are talking about Senate amendments that would improve what I felt was a bad bill by making sure that the Information Commissioner would have real teeth, real power, to address some of the issues that come up in this place.

One of the things I have found very distressing, and the member who spoke before me also addressed this issue, is how often folks request information and are given a letter from a department authorizing itself to delay. Someone asks a question and now is told that the wait will be another 200 days for that information.

One of the most startling examples was that The Globe and Mail reported in April 2018 that it took one year to receive RCMP statistics for its well-received investigative series “Unfounded”, which revealed that police have been dismissing one in five sexual assault claims as baseless. This is really important information. When we see these kinds of startling facts, we know that there is something happening in this place and in this country that we need to address. These important investigations need to happen so that we know that something in the system is not working that we need to see addressed in multiple ways. If that information is not released, how are we supposed to do our work, and how do Canadians trust us?

I asked a question earlier about cynicism. I see that growing. I see it growing all the time. I talk to people who are frustrated with the government. They feel that when they want information, they have no way of knowing it. The automatic response is that something sneaky is happening and that they cannot trust those people.

I think we need to discuss what happens to democracy when we have everyday Canadians feeling that every politician is sketchy. We have an oath in this country. We sit in these seats and represent thousands of our constituents. We have the honour, as I do, to represent hard-working people who do everything in their power to live a good life, look after each other and look after their community. If they cannot trust the people who represent them, that should concern every single one of us.

If information cannot be uncovered to understand how things work, and, when something seems unfair, why it happened, how do we build that relationship, and how do we improve democracy?

I just want to take a moment to acknowledge the member for Vancouver Granville, who used to be the justice minister. I have a deep respect for her. I have known her for many years. I am very proud to represent the nation she comes from. I am very proud to represent the people of her traditional territory.

When that happened with SNC-Lavalin, it sent shock waves through my riding. It was very personal. I had constituents from my riding calling me and saying that she was in their class, that they know who she is, that she was from their family. They could not believe what was happening. They asked, do Liberals not know who she is, because they know who she is? Constituents were frustrated by the lack of information. They were frustrated by the process that unfolded. It was very troubling to them.

When I think about that and look at that happen, it takes away that sense of trust and connectivity. It brings all of these issues to the forefront when they are not addressed in a good way, and, in my opinion, these issues were not addressed in a good way. A lot of constituents contact me and say that they still do not know what happened, but that what happened was not right.

We look at the systems, and that is important. As legislators in this place, what we look at, debate and discuss is the process, how something is going to happen. Right now, we know that the Information Commissioner still will not have the ability to review whether in some cases like that one cabinet confidence is being claimed and whether it should be claimed.

I think about this a lot. I want to see a better democracy. I was very frustrated when the government campaigned to have electoral reform. It was very meaningful. I did multiple town halls in my riding. It was really interesting. People came forward. They were not sure and they did not know if they wanted to move to a different system, but they wanted to talk to me about it. They wanted to hear information. We tried to bring people in who were non-partisan to talk about different systems and how they would work. We had a lot of intelligent questions.

I will admit, people walked out the door saying that they were not sure; they were not sure if that was the right way to go forward. However, when they were told that it was no longer a discussion, when the Prime Minister stood up and said that Canadians do not want electoral reform, people were upset. They felt that they did not get to be a part of the decision-making process. That is really important.

Sometimes people get frustrated in this House, and they let us know by their heckling. However, we need to look at these systems. We need to make sure that everyday Canadians are part of the decision-making process. When that does not happen, we should have systems in place for them to be able to find out why it did not happen that way.

Again, we are seeing a failed piece of legislation. I am really disappointed. It is another broken promise. One of the things that was talked about in the last election was making sure that the PMO and the ministers were subject to these acts. That was one of the promises of transparency, that Liberals were going to do it differently and that Canadians would see a more open, transparent government.

Unfortunately, what we are seeing, again, is that the PMO is still blocked off. It is something to really think about. When everyday Canadians cannot get access; when journalists cannot get information from these particular departments, these ministries, what are we telling people? We are telling people that their voice does not belong in those places. However, they do belong in those places. In fact, we are here to represent those very voices.

I am really disappointed in this legislation. I think we could have gone so much farther. It is time for daringness. When I listen to constituents in my riding, what they want to see is honesty, openness and an authentic touch. They do not want to hear lines repeated. Some people think that if they just keep saying the same thing over and over that people will believe them.

However, when we look at democracy, the invigoration of democracy, and when we talk about why people do not get out to vote, it is because we are allowing cynicism to grow. We are not making sure that we open these doors and allow things to go forward.

Toby Mendel, the executive director of the Centre for Law and Democracy, said, in response to this bill, “The proposed reforms are just not good enough. At this point, we need root and branch reform, not incremental tinkering.”

I am a person who stands in this House, who looks at a lot of legislation. Most recently, in my role as vice-chair of the indigenous and northern affairs committee, we looked at Bill C-92, which talked about indigenous children in care. One of the things that was really heartbreaking for me is what I see happening again and again, which is this: “We will do a little better. It will not be enough. It is not going to save people's lives in a profound way. It is not going to look at the very foundation of the things that are broken. But we are going to make it a little prettier on the surface, and hopefully that will fix it.”

A little bit better is not good enough. It is not good enough for democracy, and it certainly is not good enough for indigenous children in this country who are struggling in profound ways every single day.

We were told very clearly that the new score for Canada would be 92 out of a possible 150 with this legislation. That means we would get bumped up from 49th to 46th.

I do not like our country to be in the middle. I want our country to be challenged to do better, because I want Canada to be at the top. I want other countries in the world to see the work we are doing in this place and think they have to aim higher because of what Canada is doing. I want them to look at how accountable we are to our constituents, to the Canadian public, to our reporters, and that we are not afraid to have these discussions, even if they are really painful and really hard.

We have to talk about really painful things in the House. If we are not brave enough to do that, if we do not allow people to have the information they need to make decisions for themselves, it is like saying that we are separate. However, we are all one.

I remember one of the elders in my community, Alberta Billy, telling me that a long time ago the cedar trees were so big that they would go into the forest and pick one to build a canoe for the community. They would respect that tree and then they would make a canoe out of it to be used by the community.

We do not have those big trees anymore. We have to find two trees now and find a way for them to come together. Finding two trees that are going to fit seamlessly together is a lot of work. That is the world we live in now. We do not have those big trees.

If we look at that canoe as if we were all in this together, then we know we have a western world that came here as colonizers and we have an indigenous world and we are trying to build a canoe together.

Let us look at the fact that indigenous communities around this whole country had great systems in place. Let us look at how we can do better, be more accountable to the people we serve. That is what a leader is. It is the person who follows behind, who serves from behind. This legislation fails to do that.

Bill C-68—Time Allocation Motion

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

Mr. Speaker, in the Senate there are a number of bills that are so important, just like this exact bill here, Bill C-68. There are also Bill C-88, Bill C-91, Bill C-92, Bill C-93, Bill C-391, Bill C-374, Bill C-369 and Bill CC-262. All these bills are being delayed by the Senate because they are taking far too long.

I was wondering if the hon. minister could tell us why the Conservative senators are delaying all these bills, delaying us from doing the job that Canadians have sent us here to do. They gave us a mandate in 2015, after a decade of darkness with the Conservatives, to repair the damage they had done to the environment and to indigenous communities and to make sure we get this job done.

Can the hon. minister talk a little bit about that, please?

Third Reading

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, I am pleased to rise tonight to speak to Bill C-88, an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act.

Once again, this bill, like many other bills we have seen in the House, is being debated and rushed through Parliament in the last few days before the House rises for the summer. It is worth noting that this is a bill that was only studied in our committee on indigenous and northern affairs for one meeting before we went into clause-by-clause consideration. As a result, we were unable to hear live testimony from stakeholders such as the Inuvialuit Regional Corporation, the Canadian Association of Petroleum Producers and the Northwest Territories Chamber of Commerce.

We have recently seen these legislative delays with other important bills, such as Bill C-92, which was passed at third reading in this House just last week, on June 3. It is totally unacceptable that the Liberals have so utterly mismanaged their legislative schedule when it comes to the bills that are now before us, days before we rise.

Bill C-88 is a bill that forms part of a long Liberal saga to kill natural resources development in this country. The bill would amend subsection 12(1) of the Canada Petroleum Resources Act to allow the Governor in Council to arbitrarily ban any oil and gas activity across the Arctic offshore. Under this bill, the government would only need to invoke the national interest to ban oil and gas development in the Beaufort Sea. However, the term “national interest” remains undefined in this bill, so the government would have complete discretion to decide when it should ban oil and gas activities in the Arctic offshore. These opportunities for greater economic prosperity in the north would therefore be limited and controlled by the ministers here in Ottawa. Again, under the current government, Ottawa knows best.

We have already seen the Liberals reveal their paternalism when it comes to economic opportunities for northern communities. We just have to go back to December 2016. While the Prime Minister was in Washington, D.C., he announced that there would be a moratorium on offshore oil and gas development in the Beaufort Sea. No, he was not up in northern Canada. He was, in fact, meeting with President Obama in Washington.

There was absolutely no consultation with the Government of Northwest Territories before this moratorium was announced in Washington. In fact, the territorial leaders of the day were given less than half an hour's notice before the Prime Minister declared the moratorium, in the United States, the farthest destination away from northern Canada.

By single-handedly introducing a moratorium on oil and gas development in the Beaufort Sea, the Liberals are telling northern communities that Ottawa knows best. The Liberals are saying, through their actions, that northerners do not have the right to pursue their own economic opportunities without the approval of the current federal government.

We heard from multiple witnesses in committee about the devastating impact the Liberals' moratorium has had on northerners. Wally Schumann, the minister of industry, tourism and investment and the minister of infrastructure for the Northwest Territories, said the following about the moratorium:

I guess we can be very frank because we're in front of the committee.

When it first came out, we never got very much notice on the whole issue of the moratorium and the potential that was in the Beaufort Sea. There were millions and millions, if not billions, of dollars in bid deposits and land leases up there. That took away any hope we had of developing the Beaufort Sea.

We also heard from Merven Gruben, the mayor of Tuktoyaktuk. He was very disappointed with the Liberal decision to unilaterally impose this moratorium on northerners. He was very concerned about the effects this ban would have on the people of his community. He said:

It's so easy to sit down here and make judgments on people and lives that are some 3,500 klicks away, and make decisions on our behalf, especially with that moratorium on the Beaufort. That should be taken away, lifted, please and thank you. That is going to open up and give jobs to our people—training and all the stuff we're wishing for.

Unfortunately, the Liberals are not listening to the voices, again, of the northerners, and as a result, communities are paying the price now for the Liberal government's arrogance. There is absolutely no doubt that Bill C-88 is just another attempt by the Liberal government to polarize oil and gas extraction in this country. It explains the power of cabinet to block economic development and adds to the ever-increasing levels of bureaucratic red tape that need to be navigated by proponents of energy development.

The bill makes northern energy development more difficult by increasing the obstacles that must be overcome by energy proponents before they can even put shovels in the ground.

In response to these polarized anti-energy provisions, many stakeholders have voiced their concerns. One of the numerous stakeholders that want to see the Governor in Council power to ban oil and gas development removed finally from the bill is the Northwest Territories Chamber of Commerce. It has written submissions to our committee. The chamber indicated its opposition to the final authority of the Governor in Council to ban northern oil and gas development.

The chamber wrote to us as follows:

The final decision needs to be approved by the Indigenous Nation of the prescribed area who are the steward's of the area but also rely on the land to provide economic independence to their membership and throughout the NT.

Of course, in pushing through Bill C-88 without any amendments, the Liberals have demonstrated that they do not care about the opinions and concerns of our northern communities, which will be deeply affected by this piece of legislation. These northern voices are once again being ignored by the Liberal government.

Another important stakeholder that expressed really serious concerns about Bill C-88 was the Inuvialuit Regional Corporation. Unfortunately, like the Northwest Territories Chamber of Commerce, the IRC was not afforded the opportunity at all to present live testimony to our committee, because, as I mentioned before, we were only given one day to hear from witnesses on this very important matter.

Again, the Liberals rushed the process. It was the result of the Liberals' mismanagement of the parliamentary agenda and a consequence of the fact that the Liberals left this bill to the very last minute for deliberations.

Like so many other crucial stakeholders, the IRC is opposed to the unilateral power to ban oil and gas development in the Arctic offshore, which the bill gives to the Governor in Council.

It is hardly surprising that the IRC is against the arbitrary power given to politicians here in Ottawa to determine the fate of energy development in the north. Bill C-88 says that the Governor in Council can ban oil and gas development projects when “it is in the national interests to do so”. However, does Bill C-88 tell us what the national interest is? Does Bill C-88 tell northern communities what the national interest is? No, of course not.

Like so many other Liberal anti-energy policies, questions of the national interests are only for the Liberals to decide and nobody else. The bill is simply a reinforcement of the arrogant mantra that the Liberals know best.

Given that the IRC was not given the opportunity to offer live testimony on this discussion on Bill C-88, I would like to read into the record some of the serious concerns the IRC highlighted in its written submission to our committee.

First of all, it bears noting that the IRC is an organization that was created way back in 1984 to manage the settlement that formed part of the Inuvialuit Final Agreement, better known as the IFA. The Inuvialuit occupy the Inuvialuit Settlement Area, or the ISR, and beyond.

The IFA was the first comprehensive land claim agreement settled north of the 60th parallel and only the second settled in Canada's history.

Why was this land claim agreement so important for Inuvialuit people, and why did they initiate the negotiations with the Government of Canada? In the IRC's own words, the land claim negotiations “came in response to our limited influence in increasing development activity on our lands and the vast marine areas of the ISR.”

In the short term, then, the Inuvialuit secured a land claim agreement, in part, so that they could have greater influence over development activities on their own lands.

With this background in mind, the IRC has written about its serious reservations with regard to the power the bill would give to Ottawa to declare oil and gas moratoriums on IRC lands. In fact, the IRC already saw the Prime Minister declare a moratorium in a significant portion of their settlement region when the Liberals were first elected to power in 2016. In regard to this ban, the IRC wrote,

it is important to note that the imposition of the Moratorium by the Prime Minister was done without consultation with any Inuvialuit in contravention of the IFA and with the framework established and the promises made under the Northwest Territories Lands and Resources Devolution Agreement.

The Liberals simply seized the opportunity in 2016 to unilaterally implement a moratorium on oil and gas in the north while the Prime Minister, as I mentioned before, was not even in this country. He was in the United States of America looking for photo ops and free publicity. The Liberals did not consult at all with stakeholders before they took on this decision. What is worse, instead of apologizing to many of the northern communities that are suffering because of this moratorium, the Liberals are going full steam ahead with Bill C-88, as we see tonight, to ensure that they can unilaterally put bans on northern oil and gas development again and again.

Bill C-88 says that the Governor in Council can make these bans when it is in the national interest to do so. The IRC and Conservatives would like to know what the Liberals mean when they say “in the national interest”.

The IRC had the following to say on the issue of the national interest:

The national interest criterion is problematic as it elevates the national priorities of the day vis-à-vis Inuvialuit priorities within our traditional territory. It would be akin to an appropriation a constituent might experience in the south without any restitution from the government. Bill C-88 does not define national interest or incorporate an express requirement to consider how the national interest ought to be balanced against the ability of rights holders to provide for their economic future.

Despite these concerns from indigenous stakeholders in the north, the Liberals have demonstrated repeatedly, through their anti-energy policies, that they have no intention at all of ever balancing their vision of the national interest against the views of indigenous groups that do not share the Liberals' hostile attitude toward natural resource development.

Unfortunately, Bill C-88 is not the only bill the Liberals have pushed forward, to the detriment of the indigenous communities across this country. We have just heard from indigenous communities about the real concerns they have about Bill C-69, the Liberal environmental assessment act.

Stephen Buffalo, the president and CEO of the Indian Resource Council and a member of the Samson Cree Nation, said:

Indigenous communities are on the verge of a major economic breakthrough, one that finally allows Indigenous people to share in Canada's economic prosperity. Bill C-69 will stop this progress in its tracks.

Roy Fox, chief of the Kainai or Blood tribe first nation, said the following about Bill C-69:

...I and the majority of Treaty 7 chiefs strongly oppose the bill for its likely devastating impact on our ability to support our community members, as it would make it virtually impossible for my nation to fully benefit from the development of our energy resources.

Bill C-48, the northern B.C. oil tanker ban, is yet another Liberal anti-energy bill that the Liberals have rammed through this Parliament against the wishes of major indigenous stakeholders. Bill C-48 shuts the door to the Eagle Spirit pipeline proposal, an energy corridor that is supported by over 35 first nations and is an indigenous-led and indigenous-owned initiative. It is a $17-billion project that has the potential to provide economic opportunity to numerous indigenous communities. However, as with Bill C-88, this one tonight, Bill C-48 is another Liberal anti-energy bill that is both hurtful and patronizing to indigenous communities. Bill C-48 is another example of the Liberal government here in Ottawa telling indigenous communities that they cannot pursue their own natural resource development when it does not suit the interests of the Liberal agenda of the day.

Indigenous communities are tired of the paternalism that has been constantly demonstrated toward them by this anti-energy Liberal government. The chair and president of Eagle Spirit Energy, Calvin Helin, who is a member of the Lax Kw'alaams First Nation, had the following to say about the viewpoint of the 35 first nations that are in favour of the Eagle Spirit pipeline. He said that these first nations “do not like outsiders, particularly those they view as trust-fund babies, coming into the traditional territories they've governed and looked after for over 10,000 years and dictating government policy in their territory.”

However, the Liberals clearly do not think that these indigenous viewpoints are part of the current government's idea of a national interest, so they choose to ignore these voices. As a result of Liberal indifference to the concerns of these indigenous groups, in 2018 the chiefs council for the Eagle Spirit pipeline had to launch a GoFundMe campaign just to help pay legal costs in a court challenge to Bill C-48. The Eagle Spirit project noted the sad state of affairs by stating that this action is required to be taken by Canada's poorest people against a federal justice department with unlimited resources. Other indigenous groups have either filed lawsuits or are planning to do so pending the legislative fate of Bill C-48.

Sadly, the Liberals again did not listen to these indigenous voices then, and they are not listening to the indigenous voices in our northern communities today. It is glaringly clear that all the Liberals care about is the pursuit of their anti-energy policies at all costs. However, the cost is a very real human cost to the ability of northern communities to be in control of their own economic development opportunities.

The Liberals have promised time and time again to work with northerners. With only days left now in this Parliament, when will the Liberals finally live up to this promise?

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

Just like Jordan's principle and Bill C-92, it starts with children, correct?

[Seamus O'Regan, Liberal, Minister of Indigenous Services]

Thank you, Madam Chair.

I'm pleased to be appearing once more before the committee to discuss the main estimates of Indigenous Services Canada.

I'd like to begin by acknowledging that we're on the traditional territory of the Algonquin people.

I'm joined by Jean-François Tremblay, deputy minister; and Paul Thoppil, chief finances, results and delivery officer.

Now if my French didn't wake you up....

Also, I am also pleased to have Valerie Gideon here.

Before getting into my remarks, I would like to, first of all, thank members of the committee for their work over the last month studying Bill C-92 and the proposed amendments. The amendments accepted last week from all sides strengthened this bill. As many of you know, I was glad to see that it passed third reading last night unanimously. Thank you very much. Your hard work on this was really appreciated.

A vital component of our government's renewed relationship with indigenous peoples is our commitment to take action and dismantle the colonial structures of the past. Since the Prime Minister's announcement on August 28, 2017, my officials and Minister Bennett's officials have been working hard to establish the necessary structures and processes to make this transformation a reality.

In 2019-20, we look forward to dissolving Indigenous and Northern Affairs Canada and in its place creating Crown-Indigenous Relations and Northern Affairs Canada as one department and Indigenous Services Canada as another. This change will better enable the government to continue its work on a renewed relationship with indigenous peoples based on recognition of rights, respect, co-operation and partnership. It better positions the government to build that relationship while closing the socio-economic gaps between indigenous and non-indigenous people and improving the quality of life for first nations, Inuit and Métis people. It finally responds to a very clear recommendation by the Royal Commission on Aboriginal Peoples.

Our focus at Indigenous Services Canada is working with partners to improve access to high-quality services for indigenous people. Our vision is to support and empower indigenous peoples to independently deliver services and address socio-economic conditions in their communities as they move forward on the path to self-determination.

As Minister of Indigenous Services, I am continuing the important work of improving the quality of services delivered to first nations, Inuit and Métis. This includes ensuring a consistent, high-quality and distinctions-based approach to the delivery of these services. A rigorous results and delivery approach is being adopted, focused on improving outcomes for indigenous people. Over time it is our goal that indigenous peoples will directly deliver programs and services to their peoples. We are working with partners to do this. I am working my way out of a job.

I would like to turn your attention to the reason that I am here today. I am now pleased to present to you my department's main estimates for 2019-20, which would total $12.3 billion if approved by Parliament. The 2019-20 main estimates reflect a net increase of about $2.9 billion, or 32%, compared to last year's main estimates. The net increase in budgetary spending primarily reflects the continuation of our investments in budgets 2016, 2017 and 2018 and in our most recent budget: all in all, investments totalling $21.3 billion to support stronger indigenous communities and to improve socio-economic outcomes.

Here are a few examples of where this year's increase will help.

There is $404.1 million in renewed funding for Jordan's principle: supporting children who need orthodontics, medical transportation, respite, land-based culture camps, medical supplies and equipment, educational assistance, mentorship, wheelchair ramps, vehicles, nutritional supplements.

There is an increase of $481.5 million for the first nations water and waste-water enhanced program, improving monitoring and testing of on-reserve community drinking water, and building on investments that have not only led to the lifting of 85 long-term drinking water advisories since 2015, but that also keep us on track to lift all LTDWAs by March 2021.

There will be an increase of $357.9 million related to non-insured health benefits for first nations people and Inuit.

There will be an increase of $324.8 million for infrastructure projects in indigenous communities.

There is an increase of $317 million for the first nations child and family services program, ensuring the actual costs of first nations child and family services agencies are covered fully, but also supporting initiatives to keep children and families together.

There is an increase of $300.2 million for first nations elementary and secondary education, supporting a renewed approach for K-to-12 education on reserve as co-developed by us and the Assembly of First Nations.

There is an increase of $113.6 million to build healthier first nations and Inuit communities, including our work to eliminate tuberculosis in Inuit Nunangat by 2030.

And there is an increase of $101.1 million to advance the new fiscal relationship with first nations under the Indian Act.

These investments continue to build on the work we have already done to foster a renewed relationship based on respect, co-operation and partnership. Together with indigenous partners, we are working hard to improve the quality of life for first nations, Inuit and Métis people. Through budget 2019, we are making investments in first nations and Inuit health, social development, education and infrastructure.

In addition to Jordan's principle and ensuring first nations children now receive the services they need when they need them, our investments in the child first initiative ensure that Inuit children have access to the essential government-funded health, social and educational products, services and supports that they need when they need them.

Budget 2019 proposes an investment of $220 million over five years to the Inuit-specific child first initiative, which will address the immediate needs of Inuit children. This investment would also support the ongoing work among the Government of Canada, Inuit Tapiriit Kanatami, Inuit regions, and provinces and territories to develop a long-term Inuit-specific approach to better address the unique health, social and education needs of Inuit children.

There are also new investments to address urgent health and wellness needs to reduce suicide rates in Inuit communities. In order to deal with the ongoing suicide crisis in the Inuit communities, $5 million has been set aside to support the national Inuit suicide prevention strategy.

The government is also making unprecedented new investments in indigenous post-secondary education, including 2019's proposal for $327.5 million over five years to renew and expand funding for the post-secondary student support program while the government engages with first nations on the development of integrated regional education strategies.

There is $125.5 million over 10 years, and $21.8 million ongoing to support an Inuit-led post-secondary strategy, and $362 million over 10 years, and $40 million ongoing to support a Métis Nation strategy.

Starting this fiscal year, a new transfer to first nations communities, entitled “Grant to support the new fiscal relationship for First Nations under the lndian Act”, more commonly known as the 10-year grant, has been implemented.

More than 250 first nations expressed interest in the 10-year grant; 103 first nations were determined to be eligible based on criteria that we co-developed with first nations partners. They have received an offer, and I am happy to say that 83 first nations have now signed 10-year grant agreements.

The new grant, representing $1.5 billion, is funded through the existing programs of Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada, which are primarily related to education, social development, infrastructure, and first nations and Inuit health programs.

To ensure that the 10-year grants grow with the needs of first nations, budget 2019 proposes that starting April 1, 2020, funding for core programs and services provided through the 10-year grants will be escalated to address key cost drivers, including inflation and population growth. The 10-year grant provides communities with the flexibility and predictability needed to support effective and independent long-term planning. This initiative is a key part for establishing a new fiscal relationship that moves towards sufficient, predictable and sustained funding for first nations communities.

Last, I think it's imperative for me to highlight the work of everyone involved in making progress on our commitment to end long-term drinking water advisories on public systems on reserve by March, 2021. Since 2015, a total of 85 long-term drinking water advisories have been lifted, and 126 short-term drinking water advisories were lifted before becoming long term. We are well on our way to meeting our commitment. This will be aided through the 2019-20 main estimates by an additional $66.7 million proposed by budget 2019, which has been dedicated to keeping us on track. I am extremely proud of this, as all Canadians should have access to safe, clean and reliable drinking water.

We have made, and are continuing to make, important changes in the government's relationship with first nations, Inuit and Métis people. While there is still a lot of work to do, our government's historic investments are making a difference in closing the gaps that exist, and improving the quality of life for indigenous peoples.

I'd now be happy to answer any questions that the committee may have.

Thank you, Madam Chair.

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

In our first budget, we maintained historic investments. In 2016, the government provided $2.6 billion over five years to respond to call to action 8, which calls for the elimination of the discrepancy in education funding for first nations children being educated on reserves and first nations children being educated off reserves. In 2017, the government invested $1.7 billion over 10 years to respond to call to action 12, which calls for the development of culturally appropriate early childhood education programs for indigenous families. In 2018, the government invested $1.4 billion over six years to respond to call to action 1 and help reduce the number of indigenous children in care in the child welfare system. There was also Bill C-92, which is very important.