Bill C-6 (Historical)

An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94)

This enactment amends the Citizenship Act to include, in the Oath or Affirmation of Citizenship, a solemn promise to respect the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, in order to respond to the Truth and Reconciliation Commission of Canada’s call to action number 94.

Citizenship Act

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, indigenous elders have taught me that they are defenders of the land, that water is life, that mother earth is sacred and that they have taken care of mother earth for thousands and thousands of years. We have a climate crisis before us.

If we do not take action now, it will be too late. There is no planet B, so when we talk about investing in energy, how about investing in clean energy? How about investing in alternative energy? How about doing this while taking care of our environment as well? How about engaging with indigenous people and honouring the UN Declaration on the Rights of Indigenous Peoples article 10, which recognizes that free, prior and informed consent is, and must be, the path forward?

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, citizenship is a very special thing. In my own family, we have a couple of citizenships. I am married to an Australian citizen and our children are dual citizens, so we have gotten a flavour of two very different countries, but which also share a lot of similarities. I look at my childhood and what my kids are now experiencing. My own kids have now come home telling me that they have been learning parts of the Halkomelem language, which is the language of the Coast Salish peoples on Vancouver Island. A monumental shift has happened in the conversation on indigenous rights and title over the last couple of decades.

I am disappointed to see that the Conservatives are trying to kill this bill before we have even sent it to committee, where we can hear from witnesses on the oath of citizenship. The Conservatives' main concerns have been about the specificity of the words. I would like to hear from the member for Vancouver East why, given Canada's colonial history, that specificity is so important in this oath of citizenship, where newcomers to Canada are actually going to have direct words linking to our history and also the importance of aboriginal rights and title.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I want to congratulate the member and his family for having their children learn different languages. I think that is so very beautiful, and that really is what this is all about, what this bill really speaks to. That is for Canada's newcomers to actually know Canada's history.

Why are these specific words recognizing indigenous rights in reference to section 35 of the Constitution so important to emphasize in the citizenship oath?

It is because for over 150 years successive governments have ignored those rights. Even today, I would argue that governments are ignoring those rights. It may be there written in words, but people do not take it to heart. Conservative governments and Liberal governments have not taken it to heart, so we are setting a new chapter, a new face forward, and we will have those words entrenched in the citizenship oath so every newcomer will understand that we are not just saying this, but we must take this to heart and honour it.

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

Madam Speaker, my colleague's speech was an important one to heard. One of the things that was most concerning was what the Yellowhead Institute stated:

If the current pace holds (2.25 Calls a year) it will take approximately 38 more years before all of the Calls to Action are implemented. Reconciliation in 2057?

If we look at what is happening across our country, it definitely is clear that there is a lack of a pathway, a lack of leadership around reconciliation. There is an essential distrust. When we look at the bill and when we talk about treaties, we have to also acknowledge how long this path will take. Is moving so slowly the right way to go?

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, that is exactly the point. We just heard the government's side saying that it had done more than any other government and that it was so committed. The government keeps saying how great it has been on its new nation-to-nation relationship.

I wonder if any of the government members realize that since the TRC calls to action have been tabled and made public, to date only nine of the calls to action has been realized. With this bill, it will be 10. At this pace, it will take at least 38 years to get there.

By the way, this change is adding a line, some words, to the citizenship oath. Imagine the work that needs to be done to implement real action, real policies and changes within the government ranks to get there.

It is taking far too long. Indigenous peoples have to suffer injustices. They had their children taken away. Genocide has been tried on indigenous peoples and they have survived.

If we want to talk about a new nation-to-nation relationship, we need to acknowledge an act within the law, section 35 of our Constitution, to recognize UNDRIP and the Supreme Court decision, going forward.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I want to let you know that, with the consent of the House, I will be sharing my time with my colleague, the member for Laurentides—Labelle.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Does the hon. member have the unanimous consent of the House to share her time?

[Some hon. members]

Agreed.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, the bill we are debating today, Bill C-6, is essentially a reiteration of the 42nd Parliament's Bill C-99, which was never passed.

Bill C-6, an act to amend the Citizenship Act with regard to the Truth and Reconciliation Commission of Canada's call to action number 94, proposes a change to the oath of citizenship set out in the schedule to the Citizenship Act under section 24. Clause 1 proposes amending the text of the schedule, or, in other words, it proposes new wording for the citizenship oath, including the solemn affirmation.

To quickly give a bit of context, I want to start by saying that Bill C-6 is based on consultations with immigrants and indigenous partners.

In 2015, the Truth and Reconciliation Commission of Canada, the TRC, presented its six-volume final report, which contains 94 calls to action. For six years, the TRC heard from nearly 6,500 witnesses from across Quebec and Canada in order to shed light on the legacy of residential schools and advance reconciliation between indigenous peoples and other Canadians.

In response to the publication of that report, the federal government committed to implementing all calls to action within its jurisdiction. As I have already indicated, the amendment proposed in Bill C-6 addresses call to action number 94 from the Truth and Reconciliation Commission of Canada. The wording in the commission's report is as follows:

We call upon the Government of Canada to replace the Oath of Citizenship with the following: I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada including Treaties with Indigenous Peoples, and fulfill my duties as a Canadian citizen.

In 2017, Immigration, Refugees and Citizenship Canada led discussion groups with well-established new immigrants about the wording of the oath of citizenship being proposed by the Truth and Reconciliation Commission of Canada in its calls to action. The response of the discussion groups seemed positive overall, but some participants indicated that the amended version of the oath should be accompanied by adequate training for newcomers on indigenous peoples and treaties. Others expressed concern about the change because it might set a precedent for other groups that may want to be mentioned in the oath.

In collaboration with Crown-Indigenous Relations and Northern Affairs Canada, IRCC also held consultations with the Assembly of First nations, the Métis National Council and the Inuit Tapiriit Kanatami. It should be noted that the proposed oath in the calls to action also raised some concerns in the media. Some wonder whether citizens are able to faithfully observe the treaties concluded with the indigenous peoples. Others object to the fact that the oath makes no mention of the thousands of indigenous citizens who belong to non-treaty nations.

On May 28, 2019, the Minister of Immigration, Refugees and Citizenship introduced in the House of Commons Bill C-99, an act to amend the Citizenship Act, to amend the oath of citizenship and solemn affirmation, which requires that the Citizenship Act be amended. No changes have been made to the oath of citizenship in more than 40 years. It is important to know that the oath of citizenship is a solemn declaration whereby the candidate swears or pledges allegiance to the Queen of Canada. It is the last legal requirement to be fulfilled to obtain Canadian citizenship.

The wording of the oath of citizenship currently found in the schedule to the Citizenship Act is as follows:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen.

When the bill we are debating today is passed, the new wording of the oath of citizenship will be as follows:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.

It is important to note that the proposed wording in Bill C-6 and in the old Bill C-99 differs from the recommended wording suggested by the Truth and Reconciliation Commission of Canada, in that it refers not to treaties with indigenous peoples, but rather to the aboriginal and treaty rights of first nations, Inuit and Métis peoples as recognized and affirmed in section 35 of the Constitution Act, 1982.

Aboriginal rights are intrinsic collective rights held by indigenous peoples because they were historically the first to occupy this land. They can include aboriginal title to land, the right to self-government, the right to occupy a territory, the right to resources or socio-cultural rights. In contrast, treaty rights refer to rights set out in historical or modern treaties negotiated between the Crown and specific indigenous groups.

The Bloc Québécois recognizes the legitimacy and importance of incorporating a reference to indigenous rights into the citizenship oath. We also recognize indigenous nations for what they are: nations. The Bloc advocates a comprehensive approach to government relations, focusing on negotiating nation-to-nation agreements. Recognition should be the starting point for any commitment to reconciliation.

However, although section 35 of the Canadian Constitution recognizes existing aboriginal and treaty rights, it does not define the federation as a free association of equal nations. Unlike Canada's plan, Quebec's plan for independence, promoted by the Bloc Québécois, proposes that indigenous nations be counted among the founding peoples of a sovereign Quebec, which would be founded on a true association based on mutual respect and equality.

If Canada positioned itself as an association of free and equal peoples, it would be easier to ask newcomers taking their oath of citizenship to commit to respecting the fundamental rights of all founding peoples. Since Canada instead chose, without Quebec's consent, to position itself as a multicultural majority nation in which national cultures are reduced to regional folklore, the federal government's efforts to respect indigenous peoples are still somewhat awkward.

The Bloc Québécois does not oppose including the recognition of aboriginal and treaty rights in the oath of citizenship. We even commend the principle and sincere desire behind this act, but we want to point out that this addition constitutes a detour that would not be necessary if Canada was a state that recognized the nations that make it up in its fundamental legislation right from the start.

It is therefore only natural to wonder, with all due respect for the recognition of first nations, Inuit and Métis, what consideration the Liberal government is showing for Quebeckers when it proposes asking newcomers to commit to respecting the rights of the nations that together form their host society.

In closing, since the Bloc Québécois supports the principle of Bill C-6, we will be supporting it.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, we know that changing the citizen oath was in the 2017 mandate letter of the Minister of Immigration. The government tabled legislation in May 2019, knowing full well it would not get it passed before the House rose for the last federal election.

We have lost time in ensuring all new citizens begin their journey as a Canadian citizen with the full understanding of our collective obligation to honour the rights of indigenous people. We have heard that the government will have 10 of the 94 calls to action in place in 2020, five years later after the Truth and Reconciliation Commission tabled its recommendations. It will take until 2057 for the Liberals to meet the 94 calls to action.

How important is it for the government, especially right now with what is happening, to demonstrate that the calls to action are a priority? It is urgent that the government address all the calls to action as a top priority and show that it is doing so.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, as I said, if Canada positioned itself as an association of free and equal peoples, it would be easier to ask newcomers taking their oath of citizenship to commit to respecting the fundamental rights of all founding peoples.

With respect to indigenous communities, of which there are many in my riding, Abitibi—Baie-James—Nunavik—Eeyou, I agree with my colleague because several years have passed, but nothing is being done and nothing is taking shape. I hope the Liberal government will actually take action with Bill C-6.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons]

Madam Speaker, it bears reminding members that there are 94 calls to action. This is the 94th. There are a number of calls to action which the government has acted on over the last few years. However, the total number of 94 are not just for the federal government. Many of those calls to action involve the federal government's working with other jurisdictions. Some of those calls to action have nothing to do directly with the federal government. Some of the calls to action have to take into consideration non-government agencies.

I wonder if my colleague would emphasize for all those stakeholders and partners working to improve reconciliation that we all have an important role to play and this bill we are debating today is just one important aspect.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I thank my Liberal colleague for his question.

The Truth and Reconciliation Commission's calls to action are an important road map for all Canadians. From coast to coast to coast, all levels of government, civil society, educational and health institutions and the private sector have played crucial roles in building Quebec and Canada.

We want Bill C-6 to take indigenous communities into account.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, it has been reported that the Liberals are going to further delay tabling legislation on the United Nations Declaration on the Rights of Indigenous Peoples. My colleague comes from the riding whose previous MP tabled that legislation. It was important legislation here in the House.

Right now is a critical time that the government move forward with this and firmly reinforce its commitment to putting the United Nations Declaration on the Rights of Indigenous Peoples into action. Does the member agree that the Prime Minister realizes that any further delays in enshrining this legislation clearly is going in the wrong direction?

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Speaker, I agree with what my NDP colleague said.

The former member for Abitibi—Baie-James—Nunavik—Eeyou did a tremendous amount of work on this file. I believe the time has come to move forward and support indigenous communities.