An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général)

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Indian Act to provide new entitlements to registration in the Indian Register in response to the decision in Descheneaux c. Canada (Procureur général) that was rendered by the Superior Court of Quebec on August 3, 2015, and to provide that the persons who become so entitled also have the right to have their name entered in a Band List maintained by the Department of Indian Affairs and Northern Development. This enactment requires the Minister of Indian and Northern Affairs to initiate consultations on issues related to registration and band membership and to conduct reviews on sex-based inequities under the Indian Act, and to report to Parliament on those activities.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-3s:

S-3 (2021) An Act to amend the Judges Act
S-3 (2020) Law An Act to amend the Offshore Health and Safety Act
S-3 (2013) Law Port State Measures Agreement Implementation Act
S-3 (2011) Law Federal Law–Civil Law Harmonization Act, No. 3
S-3 (2010) Law Tax Conventions Implementation Act, 2010
S-3 (2009) Law An Act to amend the Energy Efficiency Act

Votes

Dec. 4, 2017 Passed Motion respecting Senate amendments to Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration)
Dec. 4, 2017 Failed Motion respecting Senate amendments to Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration) (amendment)
June 21, 2017 Passed Concurrence at report stage of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration)
June 21, 2017 Failed Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration) (report stage amendment)
June 21, 2017 Failed Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration) (report stage amendment)
June 21, 2017 Failed Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration) (report stage amendment)

Indian ActGovernment Orders

November 30th, 2017 / 1:50 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, there are a lot of conversations that go around the issue that ask when first nations are going to get their stuff together. My answer back to those folks is, “How about we work our side of the hyphen first between native and non-native relations”. When we still enforce racist, colonial, sexist legislation it is a bit rich for us to turn to first nations people and ask, “What's your problem exactly and why can't you figure it out?”

The cases he raised are similar in my part of the world because the Haida, for example, were the Haida, then suddenly, Russia sold Alaska. They dropped down a division and the Haida of Canada became Canadians and the Haida of Hydaburg became Americans. If they married one way or another they were under threat of losing who they were as a person. How ridiculous and ignorant is that? If we want to fix this, let us fix it, but let us fix it right.

Indian ActGovernment Orders

November 30th, 2017 / 1:50 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I appreciate the comments we have heard in regard to the importance of Bill S-3. When the Prime Minister was leader of the third party a number of years ago, he made it very clear in terms of trying to establish a relationship of respect. The idea of it being nation-to-nation is something the Prime Minister embodied. He made it part of what members of this government caucus and my Liberal colleagues have also embraced, recognizing the many historic tragedies and wrongs that have been put upon people who really did not deserve it.

To that extent, we have before us legislation that looks at making a significant change and making sure there is a higher sense of equality. There is the broader issue that needs to be addressed and that is talking about the relationship and the need for us to move forward.

I represent Winnipeg North and I have the honour and privilege of representing many people of indigenous background. I am very proud of that fact. I like to think that one of the strong characteristics of Winnipeg North is the very high sense of indigenous heritage we see when we drive down many of our community streets. I suspect that we have a high percentage of volunteerism coming out of the indigenous community.

There is one in particular. Ma Mawi Wi Chi Itata is an organization that has done so much for first nations and Métis over the years, advancing many different causes. We want to address some of those needs. I have spoken in the House on many occasions dealing with indigenous issues. I have consistently said that we should be encouraging government and all members to enable strong indigenous leadership and supporting that in whatever way we can. The first nations communities' acceptance of us as a whole should never be underestimated in terms of its importance and contributes to who we are as a nation today.

Earlier I had the opportunity to talk about immigration and I said we are a country of immigrants. We all know first nations and Inuit were not immigrants. They were the individuals who had been farming and using this beautiful land that we call Canada as home for thousands of years. Through time, we came to this land and through many different initiatives, communities have built it up to become a wonderful and many would argue the best country in the world. Having said that, we need to recognize our first nations, Inuit, and Métis for the fine work that has been done and will continue to be done. We need to demonstrate respect. Through the Prime Minister's commitment that this is priority issue, we want to further this nation-to-nation relationship. That is fantastic to see.

We have a government that has taken tangible action also. We have given historic amounts of money to attempt to address many of the issues. I was so impressed when the Prime Minister made the announcement that we were going to split the department into two, where our former minister of health would now be responsible for indigenous services. I think that was exceptionally well received. If we look at the need and desire of indigenous people to become more independent, and the need to have a better understanding of the realities taking place in their daily lives, it is of critical importance that we act in a more expeditious way. Therefore, designating a minister who is responsible for looking at those services is a positive and wonderful step forward. We have seen a government that has not only talked passionately about the importance of education but has also invested in education for indigenous people. I believe we need to equate education with opportunities. We know if we invest in education, that individuals will grow because of that education, whether elementary, secondary, or post-secondary, and it will provide more opportunities in the future. There are many wonderful initiatives that the government has already taken.

I take it my time is running out. I look forward to continuing my comments at the end of question period.

Indian ActGovernment Orders

November 30th, 2017 / 1:55 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member will have 13 minutes the next time this matter is before the House after question period.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration).

Indian ActGovernment Orders

November 30th, 2017 / 3:10 p.m.

The Speaker Geoff Regan

The hon. parliamentary secretary to the government House leader has 13 minutes remaining.

Indian ActGovernment Orders

November 30th, 2017 / 3:10 p.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, prior to Standing Order 31 being read, I was well engaged in talking about a very important issue for the Government of Canada as we try to advance Bill S-3 through the House of Commons. We continue to move forward in a very tangible way dealing with a nation-to-nation responsibility, as our Prime Minister has very clearly indicated, dealing with a new, genuine relationship between the national government and first nations, Métis, and Inuit.

In many ways, we are talking about the issue of gender equality and trying to see more of that within the legislation of the Indian Act. We have had many people provide comment on the act. I would be challenged to find members who stand in their place and say that the Indian Act is a good piece of law. The drive to change it, many would say to replace in its entirety or get rid of, is in order.

As the Parliamentary Secretary to the Minister of Crown-Indigenous Relations and Northern Affairs clearly indicated, we have to have something in its place. As we work toward that, there are many other things that we can do.

I want to pick up on what the Parliamentary Secretary for Status of Women said today in question period when he was asked a question in regard to empowering and advancing indigenous women through government programs. He made it very clear that the government is pleased to announce $5 million that will go toward projects to empower indigenous women to be leaders in their communities in order to address issues that affect them or that hinder their advancement.

I started my speech by saying how important it is to recognize and deal with indigenous issues, this legislation being one of them, but it goes beyond legislation. We need to look at financial ways or alternative ways. That talks about the whole concept of consultations, working with our partners, working at that nation-to-nation level and seeing what else we can come up with. This was a significant commitment.

In Winnipeg North, I have had opportunity to encourage at least one organization to look at this announcement and see if there is room in Winnipeg North and even beyond its borders where we could tap into some of that $5 million. There are many different impediments that prevent women, in particular indigenous women, from being able to access certain things that we might take for granted.

I am very happy to hear this announcement. It complements what the government is hoping to achieve. I want to highlight some important messaging the government is hoping to communicate to people with respect to the bill. We understand that it is all about ensuring that sex-based discrimination is eliminated from the registration under the Indian Act.

I always find it amazing that here we are in 2017, and with the support and encouragement of our courts, we have legislation recognizing that aspect, but we also have what many people refer to as a strong feminist Prime Minister with a very proactive minister responsible for indigenous affairs and the department that ultimately recognize that this is an issue that does need to be dealt with. I am very glad that within Bill S-3 we will be doing just that.

The bill would also remedy all known sex-based discrimination in the Indian Act. Again, these are things that, given it is 2017, we would not think would still be within the legislation. It needs to be moved forward, at least until we have that more comprehensive, holistic approach with respect to the Indian Act, or at least until we have been able to fill that void that would be created by getting rid of the Indian Act.

It would also seek to amend the legislation to remedy sex-based inequities that existed. It sets it just prior to Confederation, 1869 all the way up to 1951. The amendment, as passed by the Senate, would remove all sex-based inequities from the registration provisions in the act. My colleague from the New Democratic Party spoke at length on that issue. I agree with the member across the way at times, and this is one of those times.

It is hard to imagine how we could justify these inequities. We know we could never justify it in 2017, but there was a time there was gender discrimination to the degree that a male from a reserve could have a child with a non-native woman and there was never any question of the heritage or entitlements of that child. Contrast that with a female, and the heritage of the child would have been questioned if she had chosen to marry someone who was not indigenous. I think most Canadians would recognize just how unfair that is. Even back then, we had very strong feminists who no doubt would have recognized that sense of unjust legislation. I am surprised that it is still in legislation today. That is one of the reasons members should seriously look at the legislation. I understand that we will be voting the legislation through, hopefully before the end of next Monday.

We recognize the government amendment was passed by the Senate as the best way to achieve the stated goal of getting rid of the sex-based inequities. We will be launching consultations early next year that will look at a broader range of the Indian Act registration and membership issues. That is really important. I sat for many years in the opposition benches, and we had legislation that impacted our indigenous communities. I would often talk about the importance of consultations. There is always room for improvement. Even under our administration, we can always strive to be better at working with people to ensure we are consulting in a very thorough fashion.

I have found there is no shortage of ideas related to issues such as we are talking about today. I often have individuals come by my local restaurant, which I go to every Saturday from 10 to 2. I will not say which restaurant, but I am committed to going so constituents know they can visit me to share their thoughts and ideas.

In the last number of months I have had a half dozen or more individuals talk to me about the United Nations or Bill C-262, proposed by one of our NDP colleagues and has been advanced for debate in the chamber. I have received postcards on it. I have had phone call discussions. Even in group meetings, there is always a great detail of interest in having that dialogue. I can only imagine in the macro picture the degree to which we need to be sensitive to the need for consultations.

On that note, I would like to extend my recognition and congratulations to both the minister of indigenous affairs and the parliamentary secretary to indigenous affairs. They have done an outstanding job in working with indigenous community members and the leadership, ensuring the government is moving on what are some absolutely critical issues going forward.

As a general rule, we will see more legislation and budgetary measures. A good example of that was the recent announcement of the housing strategy. It was a historic announcement in the House by the minister responsible for housing.

It was commented that despite this wonderful plan to provide housing for literally hundreds of Canadians into the future, there was still a very important component that needed to be expanded upon, and that is the indigenous factor. We need to work with indigenous leaders to ensure housing and housing standards are also put on the table.

Today, many would see this as long overdue legislation. In a good part, they are right. It is long overdue, but it will pass through. I do not want people to think, whether it is from the remarks by the Prime Minister or others with respect to this important relationship, that this is all we will do. There is other legislation. There are budgetary measures. There is a very high sense of willingness to co-operate, to continue to develop, and promote that nation-to-nation relationship.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration).

Indian ActGovernment Orders

November 30th, 2017 / 3:25 p.m.

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I listened to my colleague's speech with great interest. He talked about the importance of a nation-to-nation relationship and consultation.

I would like the member to talk about the consultation process with the Premier of the Northwest Territories. He was given a 45-minute warning of an announcement of a moratorium on offshore drilling, where $3.2 billion of investment flows out of the territories. Could he also talk about what the Liberals did when they announced the ban on tankers, which crippled a number of first nation communities with respect to their opportunity to have economic development and opportunities?

The hon. member spent 20 minutes talking about the importance of consultation and how the Liberals would have a consultation process with Bill S-3. If that process is anything like their consultation process with the moratorium, or with the tanker pipe ban where they have absolutely destroyed first nations' communities and their opportunities, then he needs to justify how the process is anything but a sham.

Indian ActGovernment Orders

November 30th, 2017 / 3:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am somewhat disappointed with the question. The member was in the House when Stephen Harper was the prime minister. I am very much aware of the lack of consultation with indigenous communities.

It was nice that there was a formal apology, but with that formal apology came a higher expectation with respect to the relationship between the Government of Canada and first nations. Even before our Prime Minister assumed the office, when he was the leader of the Liberal Party, which had third party status, he often referred to the importance of indigenous issues and the nation-to-nation relationship. A big part of nation-to-nation relationship means that the government and first nations need to work together and consult.

The member made reference to a specific issue. I indicated in my speech that there was always room for improvement and we could always do better. We will strive to do just that.

Indian ActGovernment Orders

November 30th, 2017 / 3:30 p.m.

NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, the federal government has committed to reconciliation, to a nation-to-nation relationship, to implementing UNDRIP, to implementing all of the truth and reconciliation calls for action, and to work differently. I want to see the government doing that sooner rather than later.

For decades, indigenous people have been asking for new, more honourable legislation. Why did the government not put its time, effort, skills, and expertise toward drafting substantial legislation that would get rid of all discrimination? Why tinker with a flawed bill? If the government is moving into something different, then why not bring forward legislation that will be transformative, that will really give an indication that the things I mentioned earlier are the way the government is going to work now and into the future?

Indian ActGovernment Orders

November 30th, 2017 / 3:30 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, there are so many things the government could be doing. Once everything is all said and done, I believe we will have it right.

There will be a legislative component and a budgetary component to this as we move forward. Significant consultation has to be done with indigenous people, in particular, the leadership, to ensure we make significant progress over the coming years. We should strive for that.

We need to recognize that it took many decades for today's issues to get there.

I can give the House a specific example of a big issue for me personally, and that is foster care. I am really concerned about the number of children who have been apprehended and are living in foster care.

I suspect many different issues are raised with the ministry. It is very complicated to have to work with a wide variety of stakeholders. We look toward indigenous leaders to enable good, solid government decisions, nation-to-nation building. We cannot say here is the plan and let us implement it today. This will take a number of years to fix and it needs to evolve. It has taken decades to get where we are today. It will take a number of years to get it right. We are moving forward, and we should recognize that. However, we still can strive to do so much more.

Indian ActGovernment Orders

November 30th, 2017 / 3:30 p.m.

Whitby Ontario

Liberal

Celina Caesar-Chavannes LiberalParliamentary Secretary to the Minister of International Development

Mr. Speaker, I want to go back to a question that was asked during question period on the consultative process. Could my hon. colleague speak to why these consultations and building a comprehensive plan for this legislation are particularly important, especially when we are looking to build and strengthen a nation-to-nation relationship, moving past a colonial approach to how we work with our indigenous partners?

Indian ActGovernment Orders

November 30th, 2017 / 3:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, working and consulting allow for individuals to build bridges. An example is Ma Mawi Wi Chi Itata from Winnipeg, which is an organization that literally helps hundreds of indigenous women. We had the recent $5 million announcement to assist in helping women to advance themselves, hopefully taking down barriers. Establishing those contacts allows us to hopefully empower, or request or suggest that these available monies are tapped into and are used to the benefit of indigenous people.

When we talk about consultation, yes it is really important. I like to highlight that when we think of consultations, we should think of the building of bridges between nations that takes place and how we can have a positive impact. If we recognize that, we will have more people addressing those very important problems in our communities and ultimately advancing.

I will give a final plug to my example of child care, something I take very personally. I want to see more done on that file.

Indian ActGovernment Orders

November 30th, 2017 / 3:35 p.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, earlier in his responses, the member for Winnipeg North talked a bit about nation to nation. I submitted an Order Paper question asking the government what it meant when it said nation to nation. I received a response back, saying that it did not know what it meant. That is what the government sent me back. Therefore, could the member outline what he thinks nation to nation is?

Indian ActGovernment Orders

November 30th, 2017 / 3:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, as I indicated earlier, when I sat in opposition, I saw the Stephen Harper government. When I think of nation to nation, I think of a great deal more respect, a great deal more co-operation, and two levels of government that can sit at a table and work through problems so all people who call Canada their home can be better off.