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

This bill was last introduced in 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 often publishes better independent summaries.

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.

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 / 4:30 p.m.
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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, there are two things that need to occur. As a Canadian society, we are trying to work toward reconciliation, but there are more profound conversations that need to happen among indigenous peoples about what type of nation we would like to have and what it would look like. I do not think we are very advanced in that. We are held up too much in our own constructs or prisons of mind that have been created for us surrounding the Indian Act.

There are too many first nation peoples in this country, and even Métis people, who only see themselves through the prism of the Indian Act. We need to take the time to adequately ask what should we actually be doing? Where do we wish to go and how are we going to get there? It is wonderful that people have extended that hand of nationhood and said they are willing to be partners with us, but we have to be able to grasp that hand.

At this time, we have not done that necessary work, though I do salute the work of the chiefs, the Assembly of First Nations, the Congress of Aboriginal Peoples, the native women's organizations, NWAC, as well as the Métis National Council, but we are not there yet. There is still work to be done concerning Bill S-3 about what constitutes an indigenous person. As for the Métis, will they now become indigenous under these consultations? These are profound conversations that must be had among first nations and Métis people about what that means. How are they going to work together, because we do not exist in isolation and should not exist opposed to each other?

Tapwe.

[French]

Indian ActGovernment Orders

November 30th, 2017 / 4:30 p.m.
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Labrador Newfoundland & Labrador

Liberal

Yvonne Jones LiberalParliamentary Secretary to the Minister of Indigenous and Northern Affairs

Mr. Speaker, it goes without saying the tremendous passion that the member has for promoting indigenous rights and people in Canada. He certainly comes from a long line of advocates of these principles.

The member knows that together we have all worked hard to do what is right in building on reconciliation with indigenous people in Canada. What are his thoughts on the amendments in Bill S-3, and again, most importantly, what is one of the most important pieces we have to continue to work toward to have full reconciliation with indigenous people?

Indian ActGovernment Orders

November 30th, 2017 / 4:05 p.m.
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Liberal

Nick Whalen Liberal St. John's East, NL

Mr. Speaker, I will be sharing my time with the member for Winnipeg Centre.

I am pleased to stand today on Bill S-3, and I would like to acknowledge first and foremost that I do so on the traditional territory of the Algonquin people.

The government has always been clear that it is committed to removing all sex-based discrimination from registration provisions of the Indian Act. With the government amendment, which was passed by the Senate, Bill S-3 would remove all sex-based inequities from the registration provisions of the act.

The government is also committed to doing this in a way that is the right way, and therefore it will be launching broad-based consultations next year on Indian Act registration and membership reform. This will include extensive consultations on identifying any unintended consequences of the 1951 cut-off amendment and working in partnership to develop solutions to eliminate or mitigate any concerns by first nation people.

While the balance of the bill would be brought into force immediately, the proposed clause regarding the 1951 cut-off would be brought into force after those consultations and once a comprehensive plan to address the identified issues is developed in partnership so that it can be implemented simultaneously.

Senator Christmas, a senator of Mi'kmaq heritage from Nova Scotia, summarized the issue during his speech in the other place on November 8. He said:

...throughout the consultation that is to occur, the government will need to be attendant to the voices of these communities. There will be a myriad of factors impacting the communities flowing from the numbers of those who will receive status dealing with issues going beyond the matter of gender.

I recall the last time efforts were made to address gender discrimination of the Indian Act in 1985. I can tell you with absolute certainty that my community experienced confusion, felt concern and had a great deal of questions about the process and its impacts, both short term and long term.

It’s a complicated matter for First Nation bands. It will take time, cooperation and assistance in enhancing capacity to make the significant transition both manageable and sustainable. Effective consultation in this regard is critical. The government needs to be certain it’s prepared to go before our First Nation band councils to explain this bill’s provisions to leadership, to band members and to those who will ultimately receive status as a consequence of the bill’s passage.

The government is absolutely committed to dealing with all sex-based discrimination in the Indian Act registration, including circumstances that date before 1951. By convention, a government does not put into any act or law any provision it does not intend in good faith to implement, and so, this amendment is a clear and unequivocal statement of the government's commitment to remove the 1951 cut-off. Consultations will be focused on identifying additional measures or resources required to do this right and working in partnership to develop a comprehensive plan, which can be implemented simultaneously.

Senator Sinclair, chair of the Indian residential school Truth and Reconciliation Commission, noted in his speech in the other place on November 8 that:

I want to point out that this bill attempts to reconcile two different constitutional obligations that the government has: One is, of course, to comply with the Charter when it comes to gender discrimination; the other is to comply with its constitutional obligation to consult with indigenous people.

He went on to say later in his speech:

So while it is with reluctance that I see us delaying the implementation of a Charter right, I can also see the need to do so because of that competing constitutional obligation to consult. And so I am prepared to support this legislation because it enshrines the right.

In a way, it enshrines both rights: the right to be consulted and, of course, their charter rights that one should not be discriminated against on the basis of gender.

Given the government's commitment to co-designing consultations with first nations, it will not accept the addition of a specific coming into force date to the proposed 1951 cut-off clause. It would be counterproductive to the nation-to-nation relationship.

Senator Christmas also said in the Senate on November 8:

For those who might suggest the lack of a firm date for coming-into-force provisions is a weakness or flaw in this undertaking, I would assert otherwise. The reporting-to-Parliament provisions in the bill more than adequately deal with this, in my mind.

I believe it’s also essential to recognize that the consultation with First Nation communities that will flow from the bill’s requirements on consultation and reporting back to Parliament reflect the basis of the Principles respecting the Government of Canada’s relationship with Indigenous peoples announced in July of 2017.

The bill contains numerous clauses holding the government accountable to Parliament regarding the implementation of this legislation.

Bill S-3 requires consultations on implementation of the clause in question, as well as broader Indian Act registration and membership reform, to commence within six months of royal assent. I understand these consultations are expected to commence early in 2018, and the co-design of these consultations with first nations is already under way.

Within five months of royal assent, the government is required to report to Parliament on the design of the consultations and how they are progressing, and provide a further update to Parliament within 12 months of royal assent.

There is also a three-year review clause in the bill. Parliament will have numerous enshrined opportunities to hold the government to account on its progress toward removing the 1951 cut-off.

In terms of how long consultations will take, the government will not prejudge the co-design process but is committed to working with its partners to move forward in an expeditious manner.

If we do not have legislation passed before December 22, which addresses the Descheneaux decision, the sections struck down by the court will be inoperative in Quebec. Based on the most recent extension decision of the Court of Appeal of Quebec, it is unlikely the courts will grant a further extension. The registrar has stated she would not be in a position to register people under provisions found to be non-charter compliant in Quebec, and would also not register individuals under those provisions in the rest of Canada. Ninety percent of status Indians are registered under the provisions struck down by the Descheneaux decision. We must not lose sight of the thousands of individuals who will not be able to register if the court deadline passes and the provisions noted above become inoperable.

I urge members of the House to support Bill S-3. I am glad to hear that members of the opposition are in support of it in the form that was referred to the House by the Senate.

Indian ActGovernment Orders

November 30th, 2017 / 4 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, the member asked if it is imperative that the government act. One of my great critiques of the Liberal government is that it says a lot of nice things. It says the most amazing things, has crafted the words and made it just right. It has the terms just right, including, for example, that we will have a renewed nation-to-nation relationship. However, that is the extent of it. It recites nice words, such as that it is going to put a tanker ban on the west coast. Those are nice words, but the desired result is never achieved by the government.

Another example is the marijuana legislation. The government is saying it will keep marijuana out of the hands of children, but is going to legalize it at the same time. Again, it says really nice things, reciting what it is going to do, but never achieving it. This is because it is incapable of managing anything. That is what this comes down to.

Canadians have given the Liberals the keys to the car of Canada, who are unable to figure out how to start it. They are unable to put gas in the tank and get it going. That is what this is all about. This particular bill, Bill S-3, comes right back to that. They say they are going to fix gender-based inequities in the Indian Act and come out with this piece of legislation that says really nice things, but it would not give Deborah in my riding any satisfaction whatsoever.

Indian ActGovernment Orders

November 30th, 2017 / 3:50 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, that was a great speech by my colleague from Sarnia—Lambton. I know she is always a very passionate speaker and I very much appreciated her speech.

I am proud to stand today to speak about this as well. The title of this bill, the elimination of sex-based inequities in the Indian Act, is a bit of a misnomer. It should probably read say that it is an attempt to get rid of them. That is what we are dealing with today. This particular bill had a very tumultuous passage through the parliamentary system of Canada. It started out in the Senate, came to the House, and went back to the Senate. There have been messages sent back and forth. There have been extensions given by the courts. This bill has been interesting to follow. Even very experienced members are saying it is an interesting way of trying to pass a bill. There is no doubt about that.

One of the roles, and I would say the role, of the Government of Canada is to ensure that there is justice. I am all in favour of limited government, but the role of the government is justice. In this particular case, that is what we are looking at. We need to ensure that justice is done. The government is trying to walk a fine line when it comes to this bill. It is saying it cannot eliminate all of the gender-based discrimination without imposing some sort of band membership on first nations. That continues to be a problem.

Ms. Catherine Twinn, who lives in my riding, is the wife of former senator Walter Twinn, and her step-daughter, Deborah, has neither status nor band membership. This bill would do nothing to rectify Deborah's situation. Deborah Serafinchon is her full name. She has DNA evidence proving that she is the daughter of Walter Twinn, the former chief of the Sawridge First Nation, and she is unable to get status, let alone band membership. When we deal with this particular bill, it would be great to get rid of all of the gender-based inequities. However, when Deborah was at committee, she noted that she was Indian enough to be discriminated against, but not Indian enough to get status. That is how she put it, and it went viral on Facebook. I know that for sure.

In the case of this particular bill, we are dealing with the truth of the situation, and just this situation. What this comes down to is that the courts dictated to the government that it bring forward this legislation. The one thing it failed to take into consideration is whether individual bands are under the same rules as the Government of Canada. We like to talk about their nation-to-nation relationships, self-determination, and all kinds of things, but the fundamental question is whether bands are under the same requirements as the Government of Canada to comply with the Charter of Rights and Freedoms. At committee, that is what Deborah said, that even if she were to get status, her band may not allow her membership. She said we need to ensure that, on the basis of her DNA evidence, she could get status and band membership. We are looking to the government for some sort of mechanism within Bill S-3, some sort of appeal process or due process, that individual band members can use to ensure that they get their status, if they are entitled to it, as well as band membership, if they are entitled to it.

This is the discussion the current government is not interested in having. The Liberals do not want to talk about it. In fact, the member for Bay of Quinte likes to talk more often about how we must give status to all first nations who are entitled to status. We must be careful that we do not annoy particular bands who want to limit their band lists. This is going to be the cut and thrust of this particular bill.

Deborah has been consistent in saying that Bill S-3 would not solve her problems, because it would not give her status and band membership. Therefore, she is continuing to call on the government to fix Bill S-3 so that she can get her status, and eventually her band membership. To some degree, the truth of the situation is what is most pertinent to this. She has DNA evidence that she is the daughter of Walter Twinn, a renowned chief from the Sawridge band, a former senator in fact. She has proof of that, and yet she is unable, through any system that we currently have, to get status, even though her father has status. She is also unable to get band membership, even though her father was the chief of the band for a very long time.

This is the truth of the situation, and yet we have no system whatsoever, including the changes that would be made by Bill S-3, of an appeals process in order to be able to say to the Government of Canada, “Please help me in my search for justice and help me to stand up to ensure that I get status and band membership without taking my band to court”. Deborah is a woman of very limited means. She does not have any high-priced lawyers at her disposal. She has only DNA evidence. She is unable to hire a lawyer to take this to court. She is prepared to take it to court, but she clearly does not have the funds to do that. Why can there not be a system of appeals, a system of due process, something that she can appeal to to ask why she cannot have status and band membership. That is what Deborah is looking for, in particular, when it comes to Bill S-3. That is what she said when she came to the committee, and we are looking for that too.

All of that said, one of the very interesting things about this is that the Liberal government continues to say that it will hold consultations, consultations, consultations. The Liberals say they will implement phase one of Bill S-3 and then consult on how to implement the other phases of the bill.

I just want to talk a bit about consultations. It very much seems that when the current government members want to delay something, when they want to postpone something, and when they want to push something off that they do not want to deal with, they say they are going to consult and get back on it. Someone who should be consulted on this would be Deborah, for example. She is perhaps an anomaly but still someone who would definitely be impacted by Bill S-3. Has she been consulted? No, there has been no contact whatsoever. She had to come to committee on her own accord. She had to reach out to me and ask to get to committee. That has been the only consultation she has had.

We can look to other examples as well. We see the imposition of a drilling moratorium in northern Canada without any consultation. When the government wants to do something, it can do something very quickly and it does not seem to really need to do a consultation about it. When Bill S-3 first came to committee, we had the very people who had taken the government to court to force the bill to come into place, and they said they were not even consulted and that the first time they saw the bill was the time we also first saw it. The first time they were consulted was when we asked them to come to committee to hear them.

I do not have any confidence that the current government knows how to manage anything. I will be supporting this particular bill from this point forward, but there is still a great deal of work that needs to be done, and I look forward to the Liberals doing something, although I am not confident they can manage this whatsoever.

Indian ActGovernment Orders

November 30th, 2017 / 3:45 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I appreciate the comments made by my colleague, and I want to highlight something I thought she talked about quite well. In fact, on the Aboriginal Peoples Television Network this morning, we were asked the same thing. It is two years into the mandate of the Liberal government, and we were asked for a letter grade on how the government was doing with respect to its commitments to indigenous people in Canada. I said I would give it an A-plus for talk but a C-minus for action.

Bill S-3 is one example of a piece of legislation that has been botched from the very beginning. We are a year from when it was first introduced in the Senate. The government has had to have the deadlines extended twice by the courts, and of course, we are now up against a timeframe. We found many flaws in this legislation when it first came for pre-study at committee.

I would invite more comment on the current government's execution on the issues that it speaks so well about but really fails to execute on.

Indian ActGovernment Orders

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

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I am pleased to rise today to speak to Bill S-3. I will be sharing my time with the member for Peace River—Westlock.

When I was chair of the Standing Committee on the Status of Women, we did a number of studies, in particular on gender equality. Gender equality is built on many pillars, but essentially, its aim is to ensure that men and women are treated equally in all aspects.

Correcting an irregularity like the one raised in this bill is a simple and obvious way to move towards real gender equality. I am proud to support Bill S-3 and I appreciate having the opportunity to speak in favour of this legislation here today. An individual's status should not be based on their sex. It is a question of history and culture, and righting this wrong is a logical step.

I am very happy to talk about Bill S-3. For those who are not familiar with this bill, it amends the Indian Act. It seeks to remedy gender inequality for those born after 1951.

The changes to the act, specifically, are to replace the long title; to delete from the bill a clause that has been quite controversial, and there has certainly been some discussion about the “6(1)(a) all the way” clause today; and to add the United Nations Declaration on the Rights of Indigenous Peoples to the list of documents the Minister of Crown-Indigenous Relations and Northern Affairs has to consider during promised forthcoming consultation on those issues. Those are really the changes to the bill.

I am definitely in support of gender equality. I talked about my experience on the status of women committee. I would also mention that I have two non-status Métis daughters. Gender equality, when it comes to status, is very important. I am glad to see that this bill would take steps in that direction.

If we think about the record of the party I represent, we did a lot of things when it came to gender equality for first nations women. You may recall the Family Homes on Reserves and Matrimonial Interests or Rights Act, which was brought forward to address differences in the way women were treated with respect to matrimonial property over men.

It is notable that the Minister of Crown-Indigenous Relations and Northern Affairs actually voted against that measure. I see that there is a change of tune now on the other side when it comes to gender equality.

In addition to that, we re-introduced legislation to guarantee people living on reserve the same protection other Canadians enjoy under the Human Rights Act. That was another thing the Conservative Party was proud to bring in. We also addressed, under Bill C-3, the Gender Equity in Indian Registration Act, in 2010, the McIvor v. Canada case to allow eligible grandchildren of women who lost their status as a result of marrying a non-Indian man to be entitled to registration.

Members can see that the party has a history of taking steps to try to restore gender equality in our first nations and Inuit societies.

With that, I am certainly glad to see this bill moving along. That said, I would be remiss if I did not talk about how botched this legislation already is. It is bad enough that the Supreme Court had to order the government to do something, but to then have to get two court extensions shows a lack of planning and a lack of an ability to execute.

I noted that there were lots of struggles on the way to getting this bill here. It does not seem that it is just this bill. It seems that the government has great difficulty executing any number of things when it comes to first nations people.

We know that there was a big push to spend $8.4 billion to eliminate the problem of not having clean water in first nations communities across the country. We see now 120 more boil water advisories than we had at the beginning, and we are two years into it. It really shows a lack of ability to execute.

The other example would be the murdered and missing aboriginal women effort. I have quite a number of things to say about that one. First of all, in almost two years, 20 people have resigned or been fired from that initiative.

The government talks about its nation-to-nation relationship and that it is going to consult broadly and everything else. Here is an example of a consultation where it has talked to very few victims. The Liberals have spent a huge amount of money, and it is two years up the road.

There has been a lot of press on this issue saying that people are dissatisfied: there is no plan, there is no schedule, there are inadequate computers and Internet access, there are limited aftercare plans for the family members who are trying to participate, there was an eight-month delay in opening offices, and there was a four-month delay in hiring staff. There is a whole shopping list of things that are wrong with the murdered and missing aboriginal women inquiry. It does not inspire confidence that the government will be able to execute properly in the go forward.

The Liberals need to not be all talk and no action. They need to learn how to execute and actually say the things they mean and then follow up and do the things they need to do.

If we want to talk about examples of places where the Liberals say they want a nation-to-nation relationship but then do not actually follow through, we can look at a number of examples. We see, for example, that the courts said that indigenous children were being discriminated against with respect to welfare, yet the government was ordered to pay $150 million and dragged its feet on that. How can they have a nation-to-nation relationship when they will not even do what the courts are ordering them to do to give restitution to children? It is ridiculous.

We can talk about the oral health of indigenous people. We see that the government would rather spend $110,000 fighting in court than pay $6,000 for dental work for an indigenous child. That again does not say to indigenous people that the government wants a nation-to-nation relationship. It is pretty much hypocrisy.

I am concerned about Bill S-3. I see that it is well intentioned, but in the execution of it, it could become problematic. There were amendments in the Senate, and I am glad to see that some of them were taken along, because that does not always happen. A lot of times, when the Senate has brought amendments, they are refused here. That is a total waste of the taxpayers' money in terms of the Senate, because if the Senate is doing all this work to bring amendments, and they are rejected here, it seems a little pointless.

The fact that there are so many Senate bills coming forward is also a bit problematic. We have a limited amount of time in the House, and the government is running on promises that it is having trouble keeping, but there are a lot of promises, and it is getting late in the mandate to start delivering on some of those things. Every one of the Senate bills disrupts the agenda of the day.

Although I am in favour of Bill S-3, and certainly of gender equality and the restoration of that to first nations people, I wanted to point out a few of those things I see.

In closing, I would like to reiterate my support for this bill. While the Liberal government seems to be incapable of keeping a single election promise, I am pleased that at least it appears to support this effort to achieve gender equality with respect to the transmission of Indian status.

I would again like to thank my colleagues across party lines for their efforts today, as well as the Senate for the hard work it has accomplished since the beginning of the study. The Liberal government has already managed to extend the deadline twice, but the court appears to have no intention of extending it a third time.

It is time to pass this legislation in order to solve a problem that the government seems to be avoiding.

Indian ActGovernment Orders

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

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.
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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).

Business of the HouseOral Questions

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

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, today we will continue the debate on Bill S-3, indigenous registration. Tomorrow, we will take up third reading debate on Bill C-63, the budget legislation.

On Monday, we will have the last opposition day in a supply cycle, meaning that we will also vote on supplementary estimates (B) and the respective appropriation bill at the end of the day.

Tuesday, we hope to complete third reading debate on Bill C-58, concerning access to information reforms.

Wednesday afternoon, we will call C-61, the first nations education legislation.

We will round off the week with Bill C-24, the Salaries Act, at report stage.

I would like to take a moment to sincerely thank all hon. members in this House for coming together on the apology of the LGBTQ2 Canadians this week.

Finally, discussions have taken place between the parties, and if you seek it, I think you will find unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practice of the House, when the House begins debate on the second reading motion of Bill C-61, An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts, a Member of each recognized party, a Member of the Bloc Québécois and the Member for Saanich—Gulf Islands may speak to the said motion for not more than 10 minutes, followed by 5 minutes for questions and comments, after which the Bill shall be deemed to have been read a second time and referred to a Committee of the Whole, deemed reported without amendment, deemed concurred in at the report stage, and deemed read a third time and passed.

Indigenous AffairsOral Questions

November 30th, 2017 / 2:50 p.m.
See context

Toronto—St. Paul's Ontario

Liberal

Carolyn Bennett LiberalMinister of Crown-Indigenous Relations and Northern Affairs

Mr. Speaker, our government is committed to working with parliamentarians, first nations, impacted individuals, and experts to ensure that all sex-based discrimination is eliminated from the Indian Act.

Bill S-3, as passed by the House of Commons, remedied all known sex-based discrimination with respect to registration since the Indian registry was created in 1951. We are now seeking to amend the bill to remedy sex-based inequities—

Indigenous AffairsOral Questions

November 30th, 2017 / 2:50 p.m.
See context

NDP

Romeo Saganash NDP Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, the Liberals agreed to the proposed changes to eliminate sex-based discrimination from the Indian Act, but they will do so only after holding consultations. Indigenous women have been clear from day one that sex-based discrimination should have been eliminated long ago.

Although Bill S-3 corrects some parts of the Indian Act as ordered by the court, does the minister acknowledge that the bill fails to eliminate all sex-based inequalities?

Indian ActGovernment Orders

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

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.