Bill S-3 (Historical)

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

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.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will continue the debate begun this morning on the Conservative Party's opposition motion.

Tomorrow, we will have the second and last day of debate at third reading stage of Bill C-45 on cannabis.

Monday, we will resume debate on Bill C-59 concerning national security. We will then move on to the report stage of Bill C-63 on the budget.

We will continue with debate of Bill C-63 on Tuesday.

On Wednesday and Thursday, we shall take up debate on the Senate amendments relating to Bill S-3, the Indian Act, unless we can get it done sooner.

I should also note that we will have the LGBTQ2 apology next Tuesday, November 28, immediately following question period.

Indigenous Affairs

[Georgina Jolibois, NDP, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, the Prime Minister says he is a feminist whose most important relationship is with indigenous peoples, and yet he believes that the basic human rights of indigenous peoples, particularly indigenous women, are subject to consultation.

One hundred and fifty years of colonization has dismantled the family unit in indigenous communities and stripped women from their traditional roles. We saw the Liberals voting down an amendment to Bill S-3 that called for the full and final removal of sex discrimination from the Indian Act. As such, the government believes it has the right to decide who has status. It is unthinkable that, in 2017, basic human rights can be so easily dismissed.

Our laws need to be in harmony with the UN Declaration on the Rights of Indigenous Peoples. The basic human rights of indigenous peoples are not for negotiation. They are universal and must be treated as such.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, legal discrimination against women is unacceptable in 2017, unless apparently they are indigenous women, because colonial Ottawa still maintains the power to decide who has indigenous rights in this country and it has disenfranchised thousands of women. Now the courts have ordered a remedy, and what a sight. Our feminist Prime Minister is saying he needs more time to consult. Come on, governments have had 150 years of time to obstruct the rights of indigenous women. Time is up. Will the Prime Minister amend Bill S-3 and end sex discrimination against indigenous women once and for all, yes or no?

[Yvonne Jones, Liberal, Parliamentary Secretary to the Minister of Indigenous and Northern Affairs]

Mr. Speaker, our government is committed to ensuring gender equity for all women in Canada. We are committed to ensuring adequate time for a meaningful debate of Bill S-3, particularly in the context of the new court deadline of December 22. Our government is committed to working with first nations communities, impacted individuals, experts, and parliamentarians to remove all sex discrimination from the registration provisions within the Indian Act.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, as the current government lobbies the Senate to pass Bill S-3, indigenous women and the Feminist Alliance for International Action are again calling on the Liberals to accept a Senate amendment to end all sex discrimination. This amendment, similar to one proposed by my NDP colleague but voted down by the Liberals on National Indigenous Peoples Day of all days, would fully remove sex discrimination from the Indian Act. Why would the feminist Prime Minister, whose most important relationship is with indigenous peoples, not remove all sex discrimination from the Indian Act?

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

We're working on another bill that has come through, Bill S-3, regarding who's entitled to status. One of the witnesses we had was advocating for genetic testing. What's your opinion on that?

(Bill S-3. On the Order: Government Orders:)

June 20, 2017--Third Reading of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration)--the Minister of Indigenous and Northern Affairs.

(Bill read the third time and passed)

(Bill C-25. On the Order: Government Orders:)

June 20, 2017--Third Reading of Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act--the Minister of Innovation, Science and Economic Development.

(Bill read the third time and passed)

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, I am seeking unanimous consent for the following motion. I move:

That, notwithstanding any Standing Order or usual practice of the House:

(a) if Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States, is concurred in at report stage later this day, when debate on the said Bill collapses at third reading, all questions necessary for the disposal of the Bill at that stage be put forthwith and successively without further debate or amendment, provided that, if a recorded division is requested, the bells to call in the members shall ring for not more than 30 minutes;

(b) Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration), be deemed read a third time and passed on division;

(c) Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act, be deemed read a third time and passed on division;

(d) a message be sent to the Senate to acquaint Their Honours that the House disagrees with the amendments made by the Senate to Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017, and other measures, because these amendments infringe upon the rights and privileges of the House;

(e) when the House adjourns today, it shall stand adjourned until Monday, September 18, 2017, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Thursday, June 22, and Friday, June 23, 2017; and

(f) when, at any time the House stands adjourned until and including Friday, June 23, 2017, a standing committee has ready a report, that report shall be deemed to have been duly presented to the House upon being deposited with the Clerk.

Indian Act

[The Speaker, Liberal, Geoff Regan]

Pursuant to order made on Tuesday, May 30, 2017, the House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill S-3.

The question is on Motion No.2. A negative vote on Motion No. 2 necessitates the question being put on Motion No. 3.

The House resumed from June 20 consideration of Bill S-3, an act to amend the Indian Act (elimination of sex-based inequities in registration), as reported (with amendment) from the committee, and of the motions in Group No. 1.

Indigenous Affairs

[Yvonne Jones, Liberal, Labrador, NL]

Mr. Speaker, as the member for Nanaimo—Ladysmith already knows, today we debated Bill S-3 in the House, which would make changes to the Indian Act with respect to sex-based discrimination. We are encouraging members to support those amendments, and we are hopeful that they will, as Bill S-3 goes through the House.

As well, the government, under the direction of the minister, has said it will enter into a phase-two process to review other gender imbalances and discriminatory clauses that exist within the Indian Act and to make those changes.

I also want to ensure the member this evening that the Government of Canada continues to support the commission on missing and murdered indigenous women to the extent possible within the law. We are committed to bringing an end to the cycle of violence against indigenous women and girls in Canada. We are not waiting for the recommendations of the inquiry to act; we are already—

Indian Act

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, when the Liberal government was in opposition, it proposed the very same amendment to the Conservative government that, now that it is the government, it rejects. This has been on the Liberal party's agenda and radar for a very long time. When they formed government, they would have been briefed on this. They have had 18 months to ask indigenous women whether the new legislation proposed in S-3 was adequate. Twice, the Senate told the government it was, because the Senate actually talked to indigenous women when the government failed to.

The message we are getting loud and clear from every native women's organization is that they want the Senate version of the bill passed. It is the perfect undertaking. That is what we are urging this government to do now. If the Liberals really are so surprised about the same amendment they proposed in 2010, and that the Minister of Justice advanced when she was an elected chief at the highest levels in British Columbia, imploring this Parliament to take the very same action she now opposes, which is stunning to me, then the government should ask for an extension, because it did not. In fact, the court ruling this morning said that the judge was unwilling to get in a battle between the Senate and Parliament unless the government itself was going to invite it in and leave the door open. The government has failed to ask for that extension. It has no credibility.

[David Yurdiga, Conservative, Fort McMurray—Cold Lake, AB]

Mr. Speaker, obviously we have to move forward. Unfortunately, the court decision had a mandated time period in which we had to address the issues.

Human rights should not be a topic where we have to extend debate. It should be automatic. Unfortunately, we cannot change yesterday, but we can change tomorrow. Moving forward, we understand that phase two is supposed address all sexual discrimination for indigenous people.

I am looking forward to phase two. It is important that there be continued progress with Bill S-3 and phase two.

[David Yurdiga, Conservative, Fort McMurray—Cold Lake, AB]

Mr. Speaker, I will try to be as thorough as possible in my remaining three minutes.

To me, Bill S-3 is the best example of a bill indigenous people should have been part of when drafting. If the government had spent some time consulting Stéphane Descheneaux and others, while spending less time repeating talking points, it could have fixed this mess months and months ago. Instead, the government waited until it received an extension to its court mandate deadline to get to work.

The department did much better this time around. It spent less time talking about what it was going to do and more time listening. Many indigenous groups were happy to show all the problems with Bill S-3 and how it can be fixed.

While Bill S-3 can no longer claim to fix all gender-based discrimination when amended, it is a good starting point for phase two.

The House resumed consideration of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration), as reported (with amendment) from the committee, and of the motions in Group No. 1.