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

October 20th, 2023 / 1 p.m.
See context

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, before the Indian Act, first nations, Métis and Inuit thrived and passed on intergenerational love from generation to generation. The Indian Act is an attempt to erase indigenous peoples from the lands we now call Canada.

Bill C-38 is about status. It could have been about addressing discrimination to the fullest extent. I struggle to support Bill C-38, an act to amend the Indian Act. I am conflicted and disappointed to witness yet another form of incremental change proposed by the Liberal government.

As the Indian Act Sex Discrimination Working Group have clearly stated, the United Nations Declaration on the Rights of Indigenous Peoples says indigenous peoples have “the right not to be subjected to forced assimilation or destruction of their culture”. This bill does not meet this minimum standard. For decades, first nations have fought for their rights to be upheld. If Bill C-38 is passed as it is, discrimination against first nations women and their families will continue.

There are two reasons I support getting this bill to committee. Number one, while experts say it does not go far enough, this bill is needed, and number two, the failings of this bill to respect the rights of indigenous peoples will show, through public discourse at committee stage, that amendments are necessary.

Bill C-38 was tabled because of a court case, Nicholas v. Canada. It is not because the government is taking a proactive, co-operative approach to reconciliation. Introducing this bill is the minimum requirement set out in that case. After years of discrimination caused by enfranchisement in the Indian Act, 16 courageous plaintiffs sued the Canadian government in June 2021. They agreed to pause proceedings on the condition that legislation be introduced to address this inequity.

The Liberals' commitment to reconciliation with indigenous peoples is abysmal. If their commitment was real, Bill C-38 would be fulsome. It would have addressed all discriminatory provisions of the Indian Act. Incremental changes are not sufficient to ensure the advancement of indigenous peoples' rights.

I acknowledge that the Indian Act must be abolished. It is a complicated assimilative tool going back generations. The Liberal government has shown that it is not ready to abolish the act. Bill C-38, like previous court cases, makes amendments that are narrow in scope. Future court cases will be imminent if amendments are not made to this bill. Discrimination will be allowed to continue without the ability to seek reparations.

The Liberal government has shown that it is not ready to undertake the full-scale reconciliation needed to adhere to international law as the governing party. The following background will be the tip of an iceberg. All parliamentarians must commit to learning more about the Indian Act and how it continues to implement the genocide of indigenous peoples.

The Indian Act was established in 1867. John A. Macdonald understood the strength of first nations, Inuit and Métis as a threat to his causes. He had to find a way to weaken them. The Indian Act was the tool to continue the process of genocide against the first peoples who thrived on the lands we now call Canada. The Indian Act is a long-ago piece of legislation that was introduced in 1867. The act remains today.

Since its inception, the Indian Act has continued to deny equality for first nations. The Indian Act allows discrimination without justification. The Indian Act denies women status and therefore rights by gaining status. The Indian Act introduced residential schools, created reserves and imposed a band council system. The Indian Act also tells first nations who can have status and who cannot.

Before the creation of bands by this act, indigenous peoples had their own forms of governance. I am thankful for the strength of those who maintained their governance. I am thankful to Inuit elders. I am thankful to hereditary chiefs. I am thankful to the Wet'suwet'en. I am thankful to the Tseeweyhum family and the many others who keep indigenous legal orders alive.

The Canadian government has known about sex-based inequities in the Indian Act for decades. Bill C-31 in 1985, Bill C-3 in 2011 and Bill S-3 in 2017 have attempted to eliminate sex-based inequities. None of these bills worked to the fullest extent; what they did was complicate indigenous identity for some and not for others.

The Indian Act continues to divide indigenous peoples against each other. With each amendment, the Indian Act becomes more complex and confusing to navigate for indigenous peoples. Indeed, I am told by many how confusing it is to know if they have status, how to get status and if their children will be able to get it. They ask, “What are the implications of being removed?”

It is a shame that in 2020, the Minister of Indigenous Services tabled one of three reports after Bill S-3 to amend the Indian Act was passed. The final report made recommendations that are not being addressed in Bill C-38 by the Minister of Indigenous Services today.

As of 2020, there were over 12,000 applications for status still needing review. The special Bill S-3 processing units created in 2016, as of February 2023, have 1,770 files in progress and 3,990 files in the queue. The bill before us would do nothing to address this backlog. First nations are waiting up to 18 months for a decision by Indigenous Services Canada. This is unacceptable.

Bill C-38 would address enfranchisement, deregistration, loss of natal band membership and certain offensive language. These are long-awaited amendments that indigenous peoples have demanded for decades.

Enfranchisement is a particular genocidal policy and a clear example of Canada's attempts to assimilate indigenous peoples. Enfranchisement was either voluntary or involuntary. Women were enfranchised when they married a non-indigenous man between the years of 1869 and 1985. Other examples of enfranchisement included going to university, becoming a doctor or lawyer, working as a minister, seeking to vote and if one sought freedom from residential schools. Amendments introduced in 1985 attempted to remove enfranchisement. Obviously this did not work.

Bill C-38 would still discriminate against women and children who were involuntarily enfranchised. Descendants are unable to transmit entitlement to registration to the same extent as families that were never enfranchised. Those who were enfranchised as a band or collective have no entitlement to register under the Indian Act today.

I will now turn to deregistration, which provides for removing status from membership. There can be any number of reasons to deregister. These provisions would keep the safety of not impacting the children of those who may have deregistered.

The third component of Bill C-38 is on natal band membership. Bill C-38 would provide a legal mechanism to re-affiliate women to their natal bands. This amendment would serve to allow for membership to be reinstated on a band list based on specific conditions. It would address reinstatement of membership for a group of individuals who were originally prevented from being reinstated based on oversight.

Finally, the bill would amend outdated language, which is a small but important step. The offensive language regarding first nations peoples who require dependency on others would be amended. The offending definition of “mentally incompetent Indian” would be replaced with “dependent person”.

Bill C-38 would address these cases, and it is estimated it would impact around 4,000 people. Many more would remain discriminated against.

The Liberals had a chance to remove discrimination from the Indian Act once and for all. Bill C-15, on the United Nations Declaration on the Rights of Indigenous Peoples, became law in Canada. The Liberals had a chance to introduce that bill so that it would be in alignment with international law. Instead, they are introducing more piecemeal legislation. The past court challenges, Descheneaux v. Canada, McIvor v. Canada, and Matson v. Canada, make it clear. The Senate committee on aboriginal peoples makes it clear. The Indian Act Sex Discrimination Working Group makes it clear. So many more make it clear. The Liberal government's pattern of reluctant piecemeal changes in response to litigation is unjust.

There is no justification for Canada to ignore, and indeed infringe on, indigenous people's rights. Parliaments would debate again after the passage of Bill C-38 why it is not okay to keep disrespecting indigenous peoples and infringing on their rights.

Two other major issues not addressed are the second-generation cut-off and the ability to seek reparations. The second-generation cut-off in section 6(2) is not addressed in Bill C-38. This is shocking, given how much attention has been paid to this section in past works. In its Bill S-3 review, the ministry of Indigenous Services Canada reported on it. The Indian Act Sex Discrimination Working Group in its works reported on it. The Senate committee on indigenous peoples reported on it. They all recommended to remove provisions related to the second-generation cut-off.

If bands reject second-generation cut-off, it is because they are not being properly resourced by Indigenous Services Canada to meet the needs of their increasing membership.

Section 6(2) is sexist, and it is problematic. Who a child's mother is, is usually readily apparent. Who the father is, is not always apparent. Whether the father acknowledges his paternity, and this can be counted as the second-status parent for purposes of eligibility for status, is essentially his decision. The two-parent rule continues Canada's program of forced assimilation. Maintenance of the two-parent rule would fulfill the genocidal intention of the Indian Act, getting rid of “the Indian problem”.

Until this rule is amended, hundreds of thousands of indigenous people, mostly women and their descendants, will be discriminated against.

First nations children were robbed of their mothers. First nations children continue to be robbed of their mothers. The current child welfare system continues to separate indigenous peoples from each other. The Liberals say they will consult on second-generation cut-off. Consultation should not be necessary. Discrimination is discrimination. No amount of consultation will result in the justification of it. The government must interpret the rule of law as adhering to international human rights laws and the charter.

We are told by the Liberals that the public portion of this consultation will not begin until 2024. It will be much longer before legislation is drafted and presented before the House again. This tactic to delay is a denial of the rights of indigenous peoples. We should not have to wait for discriminatory provisions to be removed. There is no justification for discrimination to be allowed to continue.

Another form of oppression is preventing indigenous peoples from seeking reparations. Bill C-38 includes specific clauses that will not allow victims of these policies to seek reparation for the discrimination they have experienced. First nations women and children will continue to be harmed, yet they will not be able to seek reparations, even if discrimination is found.

In past bills, there were related provisions legislating that governments are not liable for harms done under the act. Persons are prevented from seeking claims against the government for discrimination caused by the implementation of the Indian Act.

These injustices remain in Bill C-38. According to human rights laws, Canadians are allowed to seek reparations. Why can first nations not do so?

Bill C-38 is a flawed proposal. While it addresses some injustices in the Indian Act, discrimination against first nations would continue. Bill C-38 continues the Liberal incremental approach to reconciliation.

The Liberals' interpretation of Nicholas v. Canada is about status. Bill C-38 must not just be about status; it must be about addressing discrimination and violations of basic human rights. It must be about reconciliation.

I ask this again: Why is it that when Canadians experience human rights violations, they are allowed to seek reparations, when first nations are not?

I hope that Bill C-38 can be salvaged. I hope that, at committee, we hear from experts explaining why improvements must be sought to ensure that first nations' rights are on par with Canadian human rights.

Indian ActGovernment Orders

October 20th, 2023 / 12:30 p.m.
See context

Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C‑38, an act to amend the Indian Act, which corrects serious mistakes committed in the past regarding the status of many first nations members.

Today, I speak on behalf of the Bloc Québécois, but also as a member of the Huron‑Wendat Nation. First, let me say one thing: The Indian Act is a colonial law that introduced a system of domination and ghettoization. Its very name is just as racist as the N-word can be. I cringe whenever I see the word “Indian” on my status card. Cosmetic or vocabulary changes do nothing to fix the fact that this is a law on ghettos. This law was put in place by a conqueror in order to park people on reserves. It is a throwback to British colonialism and a culture that became woven into English Canadian colonialism. The Indian Act must be abolished and replaced by a new, respectful regime founded on a dialogue between nations. International relations begin at home.

Be that as it may, although it merely amends the scandalous Indian Act, the bill before us today remains incredibly relevant. The spirit of Bill C‑38 stands as a sentinel against the injustices perpetrated by the Indian Act, which continues to cast long shadows, even into present-day Canada. It courageously tackles the evils that continue to impede deregistration, enfranchisement and reaffiliation with the natal band, despite multiple attempts at amendment. This noble bill embodies a common quest and a never-ending conversation with the indigenous nations that stretch across our vast land. No fewer than 50 virtual sessions, held from August to December 2022, enabled first nations, indigenous organizations and all those concerned to engage in dialogue and express themselves.

The government anticipates that close to 3,500 individuals will be granted the right to registration as a result of these legislative amendments, thus opening a door towards the righting of many historical wrongs. This bill, like a small breath of fresh air, offers thousands of Canadians of indigenous lineage the chance to reconnect with their cultural heritage. It gives them access to the rights rooted in Indian status in Canada, but goes far beyond that, by allowing them to fully reclaim their identity.

It is worth recalling that prior to 1985, enfranchisement was a sinister assimilation policy under the Indian Act. Under this vile legislation, first nations individuals lost their entitlement to registration as well as membership in their home communities. Enfranchisement could be voluntary, but the government could also impose enfranchisement on individuals, either by virtue of their profession or because they had been residing outside of Canada for five years. When men were enfranchised, their wives and children were automatically enfranchised. This led to entire families and their descendants losing entitlement to registration, membership in their communities, and any associated benefits under the Indian Act.

In 1985, Bill C‑31 created new categories under section 6 of the act for determining eligibility for registration, which restored access to registration for a large number of people and their first-generation descendants. As part of these changes, the emancipation process was eliminated from the act, and people who had already been voluntarily or involuntarily emancipated could request that their registration be restored. Although the provisions of the Indian Act regarding registration and membership were amended in 2011 through Bill C‑3 on gender equity in Indian registration and in 2017 through the passage of Bill S‑3, An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général), these legislative reforms focused mainly on eliminating gender inequities in the registration process.

However, other injustices rooted in the grim past of emancipation are insidiously persistent. The descendants of those who were at one time subject to emancipation are still unable to pass on their right to registration in the same way as those who were not affected by this measure. Similarly, those who were subject to emancipation as a member of a band or community continue to be excluded from registration today.

The introduction of Bill C-38 offers the promise of better days ahead. After it is passed, many people will be in a different registration category and others will be newly eligible for registration. What is more, if the problems of individual and collective enfranchisement are resolved, nearly 3,500 people will be given the invaluable access to registration.

Right now, the Indian Act does not provide for the possibility of voluntary deregistration at the specific request of the interested parties. However, thanks to the proposed amendments, it will be possible for a person to have their name removed from the Indian register for various reasons, such as wanting to join indigenous tribes in the U.S. that do not allow those registered under the Indian Act to enrol; wanting to identify as Métis; deciding to no longer be recognized on the federal Indian register; or withdrawing consent to be registered as an adult, for those whose parents registered them as children.

Mercifully, Bill C‑38 will guarantee that, when a person has their name removed from the register, they will still legally retain their entitlement to be registered under the Indian Act, the right to be registered again in the future, and the right to transmit this precious birthright to their descendants.

For some individuals, deregistration is vital because it is a matter of having control over their own identity. For others, it is a barrier to gaining membership in other indigenous groups, like Métis, if they have mixed ancestry. This has long hindered many people from accessing important services and benefits they should be entitled to through a group they wish to identify with.

For example, Métis lose their right to Métis membership if they are registered under the Indian Act. Bill C‑38 will provide individuals with the right and ability to have their names removed from the Indian register. Once deregistered, the individual will not have the right to access any programs, services, settlements or benefits associated with Indian Act registration. Even if the individual later seeks to be re-registered, that individual will have no retroactive claim to any such benefits for the period in which they were deregistered. However, any individual who opts to deregister will retain their entitlement to registration under the Indian Act, including the ability to regain their status in the future.

When a woman who is registered under the Indian Act is a member of the band that she was born into, in other words, either the mother's or father's band, this is referred to as being a member of her natal band. If passed, Bill C‑38 would recognize the acquired rights of all first nations to membership with their natal band. This bill would provide a legal framework to re-affiliate women and their descendants to their natal bands who were automatically moved to their husbands' band list upon marriage. Bill C‑38 provides a valuable opportunity to re-establish important cultural and community connections for first nations women and their families.

Since this bill is intended as a response to historical wrongs perpetrated by Ottawa and its racist, sexist legislation that discriminates against indigenous people, it is imperative to remain vigilant to ensure that this bill does not itself become an indirect instrument of assimilation and cultural erasure of indigenous people by allowing overly broad access to their recognized Indian status for those unfamiliar with indigenous cultures.

Luckily, the limited yet still significant scope of individuals who will now be eligible does not seem to pose a threat of diluting indigenous identity, as once provided for in the Indian Act, along with ethnocide. The indigenous groups that the Bloc Québécois consulted did not seem consider that an imminent risk. However, we will remain watchful.

It is imperative that this bill be considered in its entirety, with careful attention paid to its consequences and impacts, to ensure that it truly rectifies past wrongs while respecting the rights and identity of indigenous peoples.

From the 19th century on, women and their descendants have been the victims of blatant gender discrimination when it comes to registration and band membership.

In 1869, with the passage of the Gradual Enfranchisement Act, the definition of “Indian” was no longer based on first nations kinship and community ties. The act was deliberately designed to remove families headed by a non-Indian man from first nations communities by building on the predominance of men over women and children. The 1869 law also included a provision concerning interracial marriages. Known as the “marrying out rule”, it was retained in the first Indian Act of 1876. This rule removed entitlement to registration from Indian women who married non-Indian men, while granting entitlement to non-Indian women who married Indian men. In addition, children of entitled men who married non-Indian women became entitled under the Indian Act, while children of women who “married out” were no longer entitled. This is clearly a flagrant inequality.

In 1951, important amendments were made to registration, namely, the creation of a centralized Indian register. Later, other amendments further reinforced the discrimination against women and their descendants, especially the double mother rule. Gender discrimination in the Indian Act was challenged under national and international human rights legislation, which brought to light the fact that women were excluded from first nations communities and were being deprived of the ability to retain their indigenous identity in the eyes of Canadian law.

For decades, indigenous women fought for their rights in court, challenging the patriarchal provisions of the Indian Act. In the 1960s and 1970s, women like Jeanette Lavell from the Wikwemikong nation, Yvonne Bedard from the Six Nations of the Grand River, elder and advocate Mary Two‑Axe Earley from the Kanien'kehà:ka nation, and Senator Sandra Lovelace Nicholas from the Malecite nation took legal action to fight the Indian Act's discrimination against women and their descendants. These courageous women paved the way to reform and justice and thus helped to advance the cause of indigenous women's rights and to fight the systemic injustice that has long marked the history of the Indian Act.

The chief commissioner of the National Inquiry into Missing and Murdered Indigenous Women and Girls, Marion Buller, said the following after tabling the more than 2000-page report:

Despite their different circumstances and backgrounds, all of the missing and murdered are connected by economic, social and political marginalization, racism, and misogyny woven into the fabric of Canadian society.

As much as indigenous communities need to rebuild, Quebeckers and Canadians need to become aware of the collective trauma experienced by these communities, understand it, and ensure that nothing this disgraceful ever happens again. Quebec Native Women had this to say:

[In the case of many of the missing or murdered women] [o]ne might claim that the person responsible for [their] death is the one who gave [them] the beating that led to [their] passing. In fact, this interpretation was favored by former Canadian Prime Minister Stephen Harper when he insisted on the criminal, as opposed to sociological, nature of the murders of Indigenous women in the country (La Presse Canadienne, 2014)...Beyond the single act of violence perpetrated by one person against another, it is the accumulation of each of the above-mentioned acts of violence that led to [their] death.

According to Viviane Michel, a former president of Quebec Native Women, it is essential that indigenous women, families and communities have the opportunity to be heard as part of any inquiry. She also said that understanding the deep roots underlying the systemic discrimination faced by indigenous women is crucial to ensuring their dignity and safety.

In listening to the testimony of indigenous women, Quebec Native Women counted four types of violence.

The first type of violence is structural violence. This all-encompassing form of violence refers to the systemic effects of policies of erasure and assimilation since at least the middle of the 19th century. The Indian Act is the quintessential example of a system that governs all areas of the lives of first nations people, including political, economic, social, legal and cultural.

The second type of violence is institutional violence. This second form of violence, which necessarily flows from the first, has more to do with the repercussions associated with specific institutional regimes, whether in education, health or public safety. The residential school system is a prime example. Not only did this violence manifest itself in the lives of residential school survivors, but its consequences have spanned generations and have permanently altered the life trajectories of thousands of children by insinuating themselves into every aspect of their existence.

The third type of violence is family violence. This expression is frequently used in an indigenous context to emphasize the fact that violence affects not only couples, but also the children and potentially other people connected to the family.

The fourth and final type of violence is personal violence, which includes instances of physical violence, psychological manipulation and financial control, to name but a few. It involves individuals.

In their descriptions of the encounters, the families and survivors who spoke to the National Inquiry into Missing and Murdered Indigenous Women and Girls all linked their experiences to colonialism, in its historical or modern form, through one or other of four main factors: historical, multigenerational or intergenerational trauma; social and economic marginalization; maintaining the status quo and institutional lack of will; ignoring the agency and expertise of indigenous women and girls.

The trauma of Canada's indigenous people is both individual and collective. Expert witness Amy Bombay's testimony at the child and family welfare hearing highlighted the importance of the concept of historical trauma to speak to what she called the cumulative emotional and psychological wounding that happens over the lifespan and across generations, emanating from massive group trauma experiences.

It is the response to this trauma that perpetuates this colonialist legacy, which has become embedded in all of Canada's indigenous cultures through no fault of their own. This response, which can take the form of various social problems, is always aimed at surviving this trauma. Throughout history, the Canadian government and the clergy planned the collective trauma with the ultimate goal of driving all indigenous communities to extinction. Those communities have since been left to deal with the consequences alone. One day, Canada will have to confront this reality.

We have a duty to remember precisely because the past determines our present and future. However, this duty to remember only makes sense in this case if we learn from the past. If we, like the Prime Minister of Canada, get used to shedding crocodile tears and settling for continuing under the Indian Act, then our collective duty to remember will be in vain. We need to build a new system, ideally an independent republic of Quebec, based on a new, respectful dialogue with all nations. That is what the Bloc Québécois is advocating for.

Tiawenhk.

Indian ActGovernment Orders

October 20th, 2023 / 10:40 a.m.
See context

Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, it is always a pleasure to stand up to speak on behalf of the people who I serve, but one of the things that we do not do in this place is recognize the people who serve us behind the scenes. I want to take a minute today to acknowledge my team, who work tirelessly, without recognition often, to serve not only the people in the House, members of Parliament like myself, but also the people who we represent, in my case specifically those from northern Saskatchewan. I want to take a minute to recognize Linnae and Emalie, who work with me here in Ottawa, and Dion, Hunter and Cindy, who are back in the riding. I want to make sure they know that they are appreciated for the work they do in serving the people that we get to serve.

With those comments out of the way, let us talk about Bill C-38 for a few minutes. I appreciate the opportunity that my colleague has presented to me to speak on this very important bill.

Bill C-38 is an act that amends the Indian Act to address four separate matters, which we have already heard about from the members who spoke already, but I am going to hit on these just for a few minutes.

First, it addresses the gendered inequity issues that were a result of enfranchisement. I am going to speak a little bit more about that in a few minutes. We have already heard as well that it addresses the issue of natal band reaffiliation. If passed, this legislation would allow women to affiliate with their natal band, or the band they came from before having been forced to change to their husband's band if they were married before 1985.

We have heard about the opportunity through application to deregister from the Indian registry. There is a number of reasons why people might want to do that. I am not going to get into the details of that. Finally, we have heard the conversation already today around replacing offensive and outdated language so that no individual under the act is referred to using any kind of discriminatory or offensive language. That, I think we would say, is a very good thing.

As has been mentioned as well, Bill C-38 is the continuation of a series of fixes, fixes that began in 1985 under then prime minister Brian Mulroney, some fixes that carried on in 2011 under then Prime Minister Harper, and finally, Bill S-3, which took from 2017 to 2019 through the Senate bill to make some progress on this.

Each of these pieces of legislation addressed various matters of gender-based discrimination in the act. While it is important to note that we support amendments to ensure that no federal legislation, including the Indian Act, has any discriminatory components to it, we must recognize that these amendments are just that, changes to existing legislation that supports the maintenance of the status quo, a status quo that perpetuates control over first nations people across our country. We cannot simply reverse the damage that these outdated laws have had, but what we can do is to move forward in support of first nations people on their journey to self-determination. Conservatives seek to ensure that we are making positive strides towards truth and reconciliation, and we know how important it is to hold open and honest discussions in doing so.

Since I only have 10 minutes here, I want to spend some time talking about enfranchisement. We have done a bit of that already, but I want to flesh it out a little bit as well.

For those who may not be familiar with the term, enfranchisement was a policy prior to 1985 that terminated an individual's right to be considered as a first nations person or have status under the Indian Act. As the parliamentary secretary, my colleague from Kenora, already identified, this could be done voluntarily or it could be done involuntarily. When we think of involuntary registration, as mentioned, it could be because they received a university degree, joined the medical or legal professions, married a non-Indian man or became a priest or a minister.

We have heard as well that there were a number of reasons for voluntary enfranchisement, although we use the term “voluntary” in this case when it does not seem like it was really of their own free will. Rather, other factors forced it upon them. Some, as already identified, gave up their status for the sole purpose of preventing their children from having to attend residential schools. World War II veterans voluntarily enfranchised to obtain the same essential benefits that other non-status veterans were provided. Some did so just to have the right to vote.

If we look at those examples of voluntary enfranchisement, it does not really seem like it was a matter of personal choice but maybe more a sacrifice of rights, or something that they were forced into, to protect members of their family or others.

Bill C-38 seeks to address some remaining gender-based inequities that were a result of this unequal reinstatement of status in 1985. In short, women who were enfranchised and later reinstated were placed in a different category than men in the same circumstances. Because of this, first nations women could not pass down status or rights to the same number of generations as first nations men could. This is something that this bill addresses. It has a ripple effect because it affects the descendants of these people as well.

I would like to encourage members of the House to talk to people and hear their stories. We have heard a couple already today, but they should talk to the people who have been affected by enfranchisement. I have heard many of these, and I am going to quickly share one story.

My team and I met with a Professor Karl Hele, a member of Garden River First Nation and a professor in Canadian indigenous studies. His personal experience with enfranchisement is not unfamiliar to many others. His mother and many other women in their community were targeted and coerced by an Indian agent to voluntarily enfranchise. This resulted in an unfair exclusion of their rights and those of her descendants.

To access his child's rights, Professor Hele had no other choice but to pursue legal action, which came at a hefty cost, both in time and resources, which is an option that many people do not have. This case highlights how the Indian Act gatekeepers have historically been, and continue to be, much of the problem.

It is little wonder that first nations people in Canada feel there is an Ottawa-led system, which feels broken. We need to fix it. I believe we need to acknowledge, despite amending the act, there still needs to be a change in how first nations issues are approached. This means acknowledging the failure in the cumbersome bureaucracy that is meant to support first nations, but instead often creates significant barriers.

The population of my riding is over 70% indigenous, and my team deals with the endless frustrations of individuals trying to either access their right to status, respond to other requests of maybe a financial nature or even access appropriate health services. Our office has been dealing with one individual who has been denied status time and time again. However, the bigger issue is not the denial of status, but that this individual has been given a variety of excuses for the denial, which contrast with their family story, and where other members of the family have been granted status under the same circumstances.

It seems as though this case has been passed around the department without a care or concern for the provision of an honest answer. That is unacceptable. In one of the calls with my office, this gentleman finally expressed his frustration and disappointment, and that he is going to give up because he believes he is going to die before this ever gets resolved. That is a very sad story.

What this story tells us is that we cannot accept simple amendments to the Indian Act as a means to an end. We can reshape the tool as many times as we like, but if we do not fix the mechanism, there will never be a fix for the problem.

Our Conservative team is determined to address this problem. In fact, we are proposing steps to do that. My friend from Kenora has already addressed one of those, in relation to our leader proposing the first nations resource charge and our plan for that.

The goal of the federal government should be to work with indigenous leadership to put the control of their communities back into their hands. While the hope for Bill C-38 is to address this to some degree and to respond to a constitutional challenge on enfranchisement, it is merely a small step in the long journey to self-determination.

We have a lot of work to do, and as Canada moves forward on eliminating the Indian Act, the “Ottawa knows best” mentality has got to go.

It is imperative that we recognize the rights and freedoms of first nations people across our country. They know what is good for them. They know what needs to be done. They have already taken many of the steps necessary by investing in projects and businesses, and creating prosperity and employment. They are focused on increasing capacity, and they are generating opportunities that will pay dividends for generations to come.

It is important that the government no longer stands in their way, and that we ensure that first nations are the decision-makers controlling their own destiny. We recognize that this is the only way forward, and although it will have its challenges, Conservatives are not afraid of a challenge.

In closing, let me simply say, under the leadership of a Conservative government, I would be very hopeful for the future of our first nations people across this country. I am personally very eager to see meaningful change.

Indian ActGovernment Orders

October 20th, 2023 / 10 a.m.
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Fredericton New Brunswick

Liberal

Jenica Atwin LiberalParliamentary Secretary to the Minister of Indigenous Services

Mr. Speaker, kwe kwe. Ullukkut. Tansi.

I am honoured to be speaking today in Canada's Parliament, situated on the traditional lands of the Anishinabe Algonquin people, on an incredibly important bill on behalf of the hon. Minister of Indigenous Services Canada, as her parliamentary secretary.

I represent the people of Fredericton, an unceded Wolastoqiyik territory, the people of the beautiful and bountiful river, as well as my family, my husband and my two children, who are also Wolastoqiyik and status Indians under the Indian Act.

For over a century, Canada passed laws and introduced policy with the express goal of expropriating land using tools that ripped apart families and attempted to destroy culture, language, tradition and identity. The Indian Act essentially reduced first nations identity to status and then used this status to strip away access to what most would consider the bare necessities. Sex-based and other forms of discrimination were used to segregate and assimilate, with the ultimate goal of removing indigenous identity or ending the “Indian problem”.

Today, I am speaking directly to the descendants and elders of those wronged. Despite these repeated and oppressive measures, they persisted. They were resilient. They retained their culture and language. Identity is not a status the government gives, but a way of life and a feeling of love and belonging. It is a way of seeing the world.

It is thus fitting that we rise today to discuss an incredibly important bill that would advance reconciliation and do what is necessary to fix some of what was broken right here in this place through previous pieces of legislation. I am incredibly honoured to have the opportunity to be a part of this process.

To peel back the layers of our colonial history to right the wrongs is exactly why I ran for federal politics. I ran for my kids and their home community of Welamukotuk, a good place to fish. I ran for my students: for Justice, [Member spoke in Wolastoqiyik], I wish Justice a happy birthday, and for Desiree, Brianna, Kitarra, Chrystal, Amber, Bailey and so many more. I ran for my former boss, Bob Atwin, at First Nation Education Initiative. I ran for Billy at Sitansisk and for all Wabanaki nations. Sometimes this place feels very far away from home, but I feel them with me today in this chamber.

We have heard from our partners and we have heard from Canadians. Identity is something that one cannot give or take, but something inherently ours. We are putting the power to determine this identity back in the hands of those who should have always had the power over it. The bill before us today would make important progress by addressing several major inequities in the Indian Act and by responding to long-standing concerns raised directly by first nations about the registration and band membership provisions of the act.

More specifically, this bill proposes to address four key issues. First, it would address the legacy impacts of enfranchisement and help more first nations regain their status. Second, it would return autonomy to registered first nations by allowing them to take their names off the Indian register. Third, it would recognize the rights of all first nations individuals to their natal band membership, ensuring women can maintain critical connections to their home communities. Finally, it would eliminate stigmatizing language about first nations persons with disabilities that is currently part of the Indian Act. If passed, this bill would help return agency to the first nations families that lost their status in this colonial process called enfranchisement.

The minister promised to address these long-standing issues and in December 2022, she introduced this bill and followed through on that promise. The legislators of the past put these harmful policies in place, setting in motion the pain that so many families still feel today, but we are the legislators of a new time, one that reflects an honesty of history and a true commitment to a Canada that lives up to the promises and commitments our predecessors made in treaties and other agreements. Reconciliation is a process. It requires a deep collective commitment to the truth and to action.

Although the Indian Act itself is an inherent problem and partners across this land agree it is a tool of colonialism, many indigenous peoples, leaders and nations see that those approaches to ending this tool of oppression requires steady, honest transfer of control over the delivery of programs and services back to first nations, Inuit and Métis peoples. This proposed legislation is a step in the right direction. It addresses the most foundational element of reconciliation, and that is self-determination.

The people at home might be asking why we are proposing these changes at all, why we cannot just get rid of the Indian Act with its discriminatory title altogether. The Indian Act is archaic, it is paternalistic, it is rooted in racism and Canada must continue to work toward its end. This work is, in fact, a major part of the mandate for the Minister of Indigenous Services.

The last number of years, we have engaged extensively with first nations on the best ways to move away from the Indian Act and protect the rights of people at the same time. We have made significant progress in developing successful alternatives to the Indian Act for first nations in relation to land management. We will continue to work with partners to transfer control and stand up self-determined policies and programs.

In the meantime, thousands of first nations people continue to face discrimination under the Indian Act. The amendments we are proposing in this bill reflect policy first nations have been calling for the federal government to adopt for many years. Past amendments have not addressed these wrongs.

In 2012, through a formal exploratory process, options for reform were studied with first nations and indigenous partners who represent non-status first nations. The study concluded Canada should work with first nations to proactively address the issues with registration and membership under the Indian Act.

In 2018 and 2019, the same themes arose during discussions with more representatives from 200 first nations, who told us that Canada must address these issues and fix inequities in registration and citizenship. What is more, first nations and indigenous partners who represent non-status first nations have told us that addressing the existing issues with the Indian Act must happen before communities can regain full control and jurisdiction over membership, registration and citizenship. In other words, partners told us that passing this bill is a necessary step on our path toward restoring full control of membership and community function to indigenous peoples.

This legislation is not proposed unilaterally by the federal government. The solutions proposed in this legislation represent amendments to the act that indigenous peoples have told us are necessary to move past the act and reclaim their sovereignty from colonial systems.

The first, and most significant, amendment we are proposing to this bill addresses the discrimination caused by a family history of enfranchisement. Members will recall enfranchisement was a policy used with the expressed purpose to eradicate indigenous culture and assimilate first nations people.

Just a few examples will give all Canadians a better idea of how enfranchisement was used to segregate and tear first nations families apart. First nations members lost entitlement to registration and membership in their home communities if they wanted to vote in Canadian elections, own land, serve in the Canadian military, marry a non first nations person or keep their children out of residential schools. This last mention should highlight for all just how painful this legacy has been for some.

For some, enfranchisement was involuntary and happened when first nations achieved professional status like becoming a doctor or a lawyer. For others, it was voluntary, by application, severing talented professionals from their heritage. I use the word “voluntary” reluctantly as this was not a real choice. Imagine having to choose between keeping one's connection to one's community and protecting one's children from residential institutions. It is an impossible decision, but it is one the Government of Canada forced many first nations parents to make.

With these false choices, it is no wonder so many people forfeited their status. I have heard many stories from parents who gave up their status without a second thought to spare their children from the same unthinkable traumas and abuse they faced at residential institutions.

With her permission, I can share the story of Kathryn Fournier, who is here with us today, the stories of her grandfather, Maurice Sanderson, a residential school survivor from Pinaymootang First Nation in Manitoba.

Because of provisions in the Indian Act, he was not able to vote or own property unless he enfranchised, meaning he had to give up his right to Indian Act status. In 1922, Maurice made what Kathryn describes as a “strange and difficult choice”. He applied to enfranchise in order to have the same basic rights as other Canadian citizens. As a result, his wife and children were automatically enfranchised as well. Kathryn put it this way, “He made a very difficult choice that shouldn't have been imposed on him in the first place.”

Kathryn's grandfather's and grandmother's assimilation under the policy of enfranchisement may have provided them with some of the rights of Canadian citizenship, but today, generations later, the ripple effects of that policy continue to have negative impacts. The way historic policy erased connection to ancestry and culture continues to be felt. The process of enfranchisement was a deliberate effort by the federal government to colonize and to decrease the numbers of indigenous people who had rights.

Following a pattern of coercion and deception, this proposed legislation continues on Canada's journey to address and amend those decisions of the past that have hurt so many families. Over the last few decades, the government has been trying to reverse these policies by restoring status to first nations who lost it.

In 1985, the government acknowledged enfranchisement was a discriminatory policy, and it was removed from the Indian Act with the introduction of Bill C-31, an act to amend the Indian Act. At this point, people who had been enfranchised could reclaim their status.

The inequity we seek to remedy today is the inability for those with a family history of enfranchisement to transmit status to descendants in the same way that those without an history of enfranchisement are able to.

I ask the hon. members here today: should the family members and descendants of these people continue to be penalized? It is clear that enfranchisement is discriminatory and we need to eliminate all of its residual impacts. To do so, it is proposed that section 6(1)(d) and 6(1)(e) of the Indian Act be repealed.

Individuals currently registered under these categories will have their registration category amended to a 6(1)(a.1) if they were the individual who was enfranchised and (a.3) if they were the child or descendant of the individual who was enfranchised.

The amendment on enfranchisement addresses the concerns brought forward by the Nicholas civil action lawsuit and it will fulfill the recommendations on this issue heard during previous broad engagements. I am proud to acknowledge that Ms. Mary Sandra Lovelace Nicholas is Wolastoqiyik from Tobique (Neqotkuk) First Nation. We are grateful for her courage and trail-blazing as a fellow New Brunswicker.

The second inequity addressed by Bill C-38 concerns the ability for individuals to remove their names from the Indian register. The Indian register is the official record of people registered under the Indian Act in Canada. It is maintained and managed by the Indian registrar, part of Indigenous Services Canada, and exists to determine who is registered under the act and entitled to programs and funding across federal and provincial governments, for example, on-reserve housing, non-insured health benefits, education or tax exemptions.

However, there is a major gap in the authorities of the registrar. While they can add names to the Indian register, they have no formal legal authority to remove the names of registered individuals even when the individuals request deregistration. This is an issue that first nations have called on Canada to address and today, with this, we are doing just that.

For some, deregistration is a matter of having control over their own identity. For others, it is a barrier to gaining membership to other indigenous groups. This has prevented a number of people from accessing important services and benefits through a group they wish to identify with that they should be entitled to.

To fix this issue, this legislation will provide individuals with the right and ability to have their names removed from the Indian register.

That said, individuals who deregister will still be eligible to re-register and their decision to deregister will have no impact on their or their descendants' entitlement under the Indian Act.

This means that the children of deregistered individuals would still be entitled to status. It can only be done at the request of the individuals and protections will be made to ensure that it is not used with mal-intent.

In the spirit of reconciliation, the implementation of this amendment will be co-developed with indigenous partners, to ensure that the needs of all impacted groups are well served.

Bill C-38 also addresses a sex-based inequity related to band membership provisions. Bill S-3 received royal assent in 2017 and eliminated known sex-based inequities in the registration provisions of the Indian Act.

Because of the limited scope of that mandate, however, we were not able to address these sex-based inequities in band membership. This inequity arises from the fact that, until 1985, first nations women who married first nations men from a different nation were automatically transferred to their husband's band list.

While these women did not lose their entitlement to registration, they did lose connection to and membership in their natal band, along with any associated treaty rights, benefits, settlements and services. These women were automatically disconnected from their home communities even if they may have wanted to restore their social and cultural connection to their natal band.

The bill we are proposing today will amend the Indian Act to allow first nations women to seek re-affiliation and membership with their natal bands. This is significant. Supporting and empowering indigenous women is key to supporting indigenous communities, tradition, language and culture as a whole.

The final amendment in Bill C-38 addresses some outdated and offensive language that still remains in the Indian Act today. The act refers to “mentally incompetent Indian”. It is obvious that this term is outdated, offensive and stigmatizing.

Bill C-38 would replace this term with the updated term “dependent person”. This amendment is a logical step forward and would align the Indian Act with developments in capacity and guardianship law over the last 50 years.

In summary, amendments proposed in this legislation would fix four long-standing issues in registration and membership under the Indian Act relating to enfranchisement, individual deregistration, natal band membership and some outdated and offensive language in the Indian Act.

If all enfranchisement issues are addressed, approximately 3,500 people could be newly eligible for registration with these amendments.

These proposed changes represent significant and meaningful action to the affected people and their families. They also demonstrate to indigenous peoples a steady and forward movement by Canada to make amends to the many ways colonial laws and actions intentionally harmed them and their communities.

Even with these proposed changes, there is still much more work to do. Ahead of us, we have the work of undoing the racist policies reflected in the Indian Act, including those related to the second-generation cut-off.

We are engaging with partners so we can continue to explore how to move forward on this deeply personal issue. Indigenous identity must be determined by indigenous individuals, full stop. It is our responsibility to proactively right historic wrongs and make the changes asked of us by first nations and indigenous partners who represent non-status first nations. This bill would right some of those wrongs.

It is in this way, working together in good faith, that we would advance reconciliation and support a renewed relationship between Canada and first nations, one not marred by the paternalism and control of the Indian Act, but one based on rights, respect, co-operation and true partnership. Woliwon.

May 31st, 2022 / 4:30 p.m.
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Lee Allison Clark Manager, Policy and Research, Native Women's Association of Canada

Good afternoon, honourable members.

Thank you for the invitation to come here today on behalf of the Native Women's Association of Canada, to speak about the administration of and accessibility by indigenous peoples to the non-insured health benefits program.

I want to acknowledge that the land that I and others here today are on is the traditional and unceded territory of the Algonquin Anishinabe people.

As you all likely know, NWAC is a national indigenous organization representing indigenous women, girls, two-spirit, transgender and gender-diverse people in Canada. As we all know, accessibility, availability and acceptability of health services indirectly and directly impact indigenous people's health and health outcomes.

Although the NIHB program provides critical financial support for accessing services, more must be done to ensure that indigenous women, girls, two-spirit, transgender and gender-diverse people have access to essential health care services that are acceptable, culturally and gender sensitive, and trauma-informed.

The NIHB program represents a lifeline for indigenous people. Indigenous women utilize the NIHB at higher rates than indigenous men. Previous amendments to the Indian Act have meant that a greater number of individuals can claim or restore their status. Bill C-3, the Gender Equity in Indian Registration Act, and Bill S-3 aimed to eliminate known sex-based inequities in registration. Because of this, many people became entitled to register under the Indian Act.

Understanding that the population with access to NIHB has grown significantly in the past years, with a vast amount of the growth occurring in small and remote communities, NWAC really welcomes discussions on ways to better this. Today I will highlight several scenarios that underscore where the NIHB falls short, and I will welcome discussion throughout the hour to provide tangible solutions to these shortcomings. The examples I will present in the next few minutes represent just the tip of the iceberg.

In nearly every sharing circle, focus group or engagement session focusing on health care experiences that NWAC has held with indigenous women, girls, two-spirit and gender-diverse people, difficulty in accessing services, availability of services, quality of services and experiences of discrimination, racism and sexism are raised. Whether due to straightforward racism or discrimination embedded in institutions, health care services are often inaccessible to the folks who need them the most.

As with many other countries worldwide, women typically have higher prescription rates than men have. This is also true in Canada and remains true for indigenous women when compared with their male indigenous counterparts and the Canadian population overall. Therefore, the NIHB remains critical for indigenous women to survive, and is a gendered issue.

However, the NIHB drug coverage plan, as continually highlighted by the Canadian Pharmacists Association and others, provides less drug coverage than the average Canadian receives. When we consider that indigenous women, girls, two-spirit, transgender and gender-diverse people encounter one of the highest disproportionate burdens of health disparities in Canada, which stems from various determinants of health, this can be catastrophic.

Access to birthing services close to home is something Canadians expect. This is not the case for indigenous pregnant people. A recent study published in the Canadian Medical Association Journal found that indigenous pregnant people in Canada experience striking inequities in access to birth close to home when compared with non-indigenous folks.

Although the NIHB covers many of the expenses associated with travel for pregnancy, it is limited to one pregnant person and the addition of another person, as of 2017. However, often this other person is a doula or a midwife, not a family member or friend. Children are left behind. This is problematic.

Birthing on or near traditional territories in the presence of family and community is a long-standing practice of foundational, cultural and social importance that contributes to overall maternal and infant well-being among indigenous people. It gives them a good start. Most Canadians have the luxury of giving birth near their home, with their partner in the room or perhaps with their family in the waiting room. NIHB simply does not allow for this, creating a standard for indigenous birthing people that is less than that for the Canadian population.

Layers of racism and sexism continue when you consider dental care for indigenous women, girls, two-spirit, transgender and gender-diverse people. Wearing dentures, receiving off-reserve dental care, asking to pay for dental services, perceiving the need for preventive care, flossing more than once a day, having fewer than 21 natural teeth, fear of going to the dentist, never having received orthodontic treatment and perceived impact of oral conditions on quality of life all have been correlated with experiencing a racist event at the dentist's office. Simple tasks that many Canadians take for granted, such as getting their teeth cleaned, become a potentially traumatic event for indigenous folks. This doesn't even begin to tackle the layers of issues that are rife within finding and accessing the dentist.

Before contact with European settlers, first nations and Inuit healers bore the responsibility of health for their people and relied upon a rich body of knowledge of traditional medicines and socio-cultural practices. The administration of the NIHB program must integrate this and be culturally and gender sensitive, as well as gender-informed, if we are ever to fully walk the path of reconciliation.

However, respecting the Ottawa Charter for Health Promotion, which was developed in 1986—so many years ago—and as outlined by PHAC, “reductions in health inequities require reductions in material and social inequities.”

When considering the NIHB, this means increasing coverage of easy access to and increasing the availability of preventive allopathic and traditional medicine.

In sum, we cannot risk any more indigenous women, girls, two-spirit, transgender and gender-diverse people falling through the cracks when looking to access the care they have a right to. NWAC wants to be part of the solution of how best to increase accessibility and better the administration of the NIHB program.

I look forward to presenting some more detailed recommendations throughout the hour.

Thank you. Meegwetch.

March 4th, 2022 / 2:35 p.m.
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Housing Portfolio, Assembly of First Nations Quebec-Labrador

Chief Lance Haymond

Thank you very much for the question.

Again, I think it's really dependent upon the individual communities and the region. Most certainly, land or access to land becomes a problem. As you mentioned, when reserves were first created, many of them were only 10, 15 or 20 hectares in size, but demographic growth and legal decisions like Bill C-31 and Bill S-3 have added significant numbers of new people to our communities, and thus a requirement for additional lands.

Additions to reserve is one way of acquiring those lands. It's quite complex, difficult and challenging, and I speak from experience. It took us 10 years to double in size from 20 hectares to 40 hectares, so I speak from experience. Additions to reserve may not be the only solution. I believe Minister Miller has spoken openly about giving land back to first nations, so we're really interested in and curious as to what that could look like.

Again, as an Algonquin leader and as a community whose nation has unceded territory, we believe there may be other avenues to explore, to not solely rest on the process of additions to reserve, which, as I mentioned, takes too long, is too complex and, again, can be rather difficult when the provinces or the municipalities we're adjacent to decide they don't want to give up the land.

Citizenship ActGovernment Orders

November 2nd, 2020 / 6:30 p.m.
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Liberal

Michael McLeod Liberal Northwest Territories, NT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

May 15th, 2020 / 2:50 p.m.
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Co-Chair, MMIWG2S+ - Manitoba Coalition

Sandra DeLaronde

Historically, since Confederation, Canada has failed to acknowledge and adhere to basic principles of human rights when it comes to indigenous women and girls, hence the finding of genocide in the national inquiry. What's important to note is that any adherence by Canada to international human rights conventions has been because indigenous women have fought for their rights and have been recognized for the inclusion of those rights through the implementation of Bill C-31 and Bill S-3.

What's really important and critical right now is that this government has committed to implementing the UN Declaration on the Rights of Indigenous Peoples. It's saying we can't do it now because there's a pandemic. This is the time to be doing it, and I call on the government and all parties to ensure that this declaration is implemented into law in Canada now.

Indigenous AffairsOral Questions

June 18th, 2019 / 2:45 p.m.
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Toronto—St. Paul's Ontario

Liberal

Carolyn Bennett LiberalMinister of Crown-Indigenous Relations

Mr. Speaker, I thank the hon. member for Winnipeg Centre for his ongoing advocacy on this. Gender equality is a fundamental human right, and Bill S-3 does eliminate the sex-based discrimination from the Indian Act.

With the ministerial special representative's consultations concluded and her report tabled, we now know what our partners need in a successful implementation plan. Work on that implementation plan is well under way, and I can confirm that we will be bringing these provisions into force within the current mandate. We are committed to working with our partners to remedy all remaining registration issues, but also to accelerate the progress to self-determination by which nations—

Indigenous AffairsOral Questions

June 18th, 2019 / 2:45 p.m.
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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

Mr. Speaker, I wear this beaded jacket that has the image of indigenous women so we may never forget that we all have a role in giving a voice to those who have been ignored for far too long.

In 2017, Bill S-3 was finally passed with a delay concerning the 1951 cut-off criteria. The government said it needed time to consult on an implementation plan. The minister's special representative has completed her consultations and report, which was just tabled in Parliament. Indigenous women and their descendants want to know. When will they finally have their human rights restored?

June 13th, 2019 / 4:10 p.m.
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President, Native Women's Association of Canada

Francyne Joe

I'd have to say that the purpose of Bill S-3 was to ensure that the indigenous population was reduced and that the children and grandchildren of those women who lost their rights also lost those rights. That's why we're hoping that S-3 will be rectified.

June 13th, 2019 / 4:05 p.m.
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Liberal

Robert-Falcon Ouellette Liberal Winnipeg Centre, MB

I know NWAC has a strong position on that, related to, for instance, who is a status Indian and who is not a status Indian. There was even a bill before Parliament, Senate Bill S-3, which looked at enlarging the number of people who were supposed to receive status. That would repair a lot of the things in the past.

Is that stopping a government policy that was really about eliminating or removing indigenous peoples from their roles and assimilating them into Canadian society?

Indigenous AffairsOral Questions

June 5th, 2019 / 2:45 p.m.
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Toronto—St. Paul's Ontario

Liberal

Carolyn Bennett LiberalMinister of Crown-Indigenous Relations

Mr. Speaker, gender equality is a fundamental human right, and Bill S-3 eliminates sex-based discrimination from the Indian Act.

Ministerial special representative Claudette Dumont-Smith and departmental officials have held over 200 engagement sessions with communities and have received over 100 consultation reports from our partners on Indian Act registration reform, including recommendations for an implementation plan to remove the 1951 cut-off. She is currently finalizing her report. We look forward to her final recommendations, and I will be reporting to Parliament within the next couple—

Indigenous AffairsOral Questions

June 5th, 2019 / 2:45 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, provisions in Bill S-3 would eliminate the discrimination against first nations women and their descendants once and for all. All that is needed is for this self-proclaimed feminist Prime Minister to bring those provisions into force with an order in council. It has been 18 months since this bill passed, and there is still no action.

Will the Prime Minister get on with it and immediately enact recommendation 1.3 of the calls for justice so that the 270,000 first nations women and their descendants can finally be free of this sex-based discrimination?

Immigration, Refugees and CitizenshipAdjournment Proceedings

June 5th, 2019 / 12:10 a.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, the NDP sought to actually strike out every one of those provisions within Bill C-97 that undermine the refugee determination process. Witnesses at the committee were clear in saying that it was beyond fixing. That is what we did and the government failed to listen.

Back to Bill S-3, why has the Prime Minister, who claims that he is a feminist, not taken action to eliminate sex-based discrimination against indigenous people? It has been 18 months. All the government needs to do is to bring in an OIC to enact that, yet it has not done anything with respect to that. Where is the feminist Prime Minister who says that indigenous peoples and reconciliation is the number one priority? Where is the real action?