Bill C-15 (Historical)

United Nations Declaration on the Rights of Indigenous Peoples Act

An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples

This enactment provides that the Government of Canada must take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples, and must prepare and implement an action plan to achieve the objectives of the Declaration.

United Nations Declaration on the Rights of Indigenous Peoples Act

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, we know that UNDRIP was adopted by the UN General Assembly in 2007 and that followed several decades of negotiation. The purpose of it was to enshrine the rights that “constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world”.

We know that Canadian indigenous peoples have suffered a genocide. They suffered the worst crime imaginable, having their own children taken from their families by the state. To this day, they do not have access to clean water and suffer the poorest health outcomes of any Canadian group.

Does my hon. colleague not agree that we should be doing everything we can, as a Parliament, to rectify the centuries-old abuses, discrimination and, in fact, genocide of the first peoples?

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

Mr. Speaker, I totally agree that we should be doing everything to ensure that first nations communities and indigenous communities across the country, whether that be Inuit or Métis, would have full participation in the economy so that we can raise everybody out of poverty and stop the heinous treatment of first nations and indigenous people across the country. It is a blight on our character, but we need to, as a country, move forward on these things. I want to see the elimination of boil water advisories on reserve. I want to see these things.

I need an answer on this particular bill. Is it a bill of rights for indigenous peoples or is it something more akin to the UN Declaration of the Rights of the Child or the Palermo protocol? That question has yet to be answered.

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I will be sharing my time with the member for Sydney—Victoria.

I am speaking today from the traditional territories of the Wendat, Haudenosaunee and Anishinabe peoples and the treaty land of the Williams Treaties First Nations. I am pleased to rise to discuss Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

Our government has been clear. We are committed to renewing the relationship between the Crown and indigenous peoples based on recognition, rights, respect, co-operation, partnership and advancing reconciliation. Earlier this week, I rose in the House to speak about how our government is fighting systemic racism in our judicial system with Bill C-22, and I am proud to rise again today to speak to how the implementation of Bill C-15 is a step forward in protecting the human rights of indigenous peoples and fighting systemic racism.

In Canada and across the globe, citizens are debating the nature and promise of equality in our time. They are rightfully and urgently demanding change to fight systemic racism in our society. Human rights are universal and inherent to all human beings, and this bill is another sign of the progress we are making in affirming human rights and addressing the systemic racism present in the country.

The United Nations Declaration on the Rights of Indigenous Peoples affirms the minimum standards for the survival, dignity and well-being of indigenous peoples. Article 1 of the UN declaration recognizes that “Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms”, and that includes the right to self-government and self-determination. In addition, the UN declaration sets out rights and standards that draw on universal human rights norms, but speak more specifically to the circumstances of the world’s 370 million indigenous people.

The recognition of indigenous rights is at the core of our government’s commitment to build the relationship with first nations, Inuit and Métis people. That is why our government has introduced Bill C-15. The wait for equal respect and the human rights of indigenous people has been far too long and has taken far too many generations.

As part of our commitment to engage and collaborate with indigenous peoples, this legislation is the culmination of work with indigenous rights holders and organizations over many months past. We understand the importance of building on the work that has already been done to advance the implementation of the declaration in Canada. This is explicitly acknowledged in the preamble, which recognizes that provincial, territorial and municipal governments have the ability to establish their own approaches to implement the declaration. Indeed, several have already taken steps, in their own areas of authority, to do so.

We are ready to work with all levels of government, indigenous peoples and other sectors of society to achieve the goals outlined in the declaration and supported by this bill. We have also included a provision that specifically notes that the bill does not delay the application of the declaration in Canadian law. Achieving the objectives of the declaration and further aligning federal laws with the declaration will take time. However, we are not starting from scratch and we continue to advance recent and ongoing priorities and initiatives, which contribute to the implementation of the declaration in parallel to the process and measures required by the bill.

We have also responded to calls for clearer and more robust provisions for the process of developing and tabling an action plan and annual reports. These updates are incredibly important, and the action plan is a central pillar of this legislation. Developing and implementing the action plan means working together to address injustices, combat prejudice and eliminate all forms of violence and discrimination, including systemic discrimination against indigenous peoples; to promote respect, mutual understanding, as well as good relations, including through human rights education; to include measures that relate to monitoring, oversight, recourse or remedy, or other accountability with respect to the implementation of the declaration; and to include measures to review and amend the action plan.

With this legislation, we will fulfill the Government of Canada’s 2016 endorsement of the declaration without qualification, while also responding to the calls for justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls and the continuing progress on the Truth and Reconciliation Commission’s calls to action. There is no doubt that passing this legislation will help us move in a direction we all want.

Over the past few years, this government has taken a number of steps and measures consistent with the human rights framework of the United Nations Declaration on the Rights of Indigenous Peoples and the Canadian charter. We are beginning to see positive changes happening, including steps to strengthen restorative justice, access to justice and diversion programs, and reform to our criminal justice system.

The Government of Canada, alongside the provinces and territories, is developing a pan-Canadian strategy to address the overrepresentation of indigenous people in the criminal justice system. Work on this strategy also includes close collaboration with indigenous communities and organizations.

We are also implementing impact of race and culture assessments, which allow sentencing judges to consider the disadvantages of systemic racism that contributed to indigenous people's and racialized Canadians’ interactions with the criminal justice system. We are putting in place community justice centre pilot projects in British Columbia, Manitoba and Ontario, as well as consultations to help expand the community justice centre concept to other provinces and territories.

Among other initiatives, we are also developing administration of justice agreements with indigenous communities to strengthen community-based justice systems and support self-determination. I believe this initiative to be especially important. It recognizes that indigenous peoples have to be part of the solution and that the capacity is there to improve justice within indigenous communities.

Bill C-15 is a significant step forward, but alone it will not achieve our collective goal of transformative change for indigenous people. There will be much work to do together after royal assent to develop an inclusive and effective approach to realize the full potential of the declaration. As a result, additional efforts and measures to implement the UN declaration will be needed, and as I just listed, the Government of Canada has begun work on additional efforts and measures. Certainly, there is much more work to do to support indigenous communities to a better state of health and security, but these are important steps forward. While the important national work is taking place, Canada will continue ongoing discussions with indigenous peoples to make progress together on our shared priorities of upholding human rights, advancing reconciliation, exercising self-determination, closing socio-economic gaps and eliminating the systemic barriers facing first nations, Inuit and Métis people.

Change is happening. Our government and our society are evolving as we learn the importance of doing things differently in a way that is better and fairer for all of us. Implementing the UN declaration is something the indigenous people in Canada have long called for, and it is a change we want to see come to fruition.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, recently I was at a forestry conference and heard a respected first nations leader speak, a leader who is very much involved in ensuring that his people benefit from the natural resources in their territory. When asked about UNDRIP, he said it is important to understand that UNDRIP does not give first nations people rights. The United Nations has not given first nations people rights. It simply sets out the rights that indigenous people already have.

I am wondering if the member could comment on that, as well as on the Conservative concern I hear that somehow this bill and the United Nations Declaration on the Rights of Indigenous Peoples would somehow curtail the rights of first nations to access the natural resources on their territories.

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I agree that it is an affirmation of rights that exist. The real benefit of this document and of our discussion is that we are developing a conversation to address these issues.

I have heard people say that this is an aspirational document. Without any aspiration, we are not going to accomplish anything, so we need to set out some shared goals. I hope and believe the comments I made have outlined those shared goals, which are the goals of equity, fairness and working toward them. I think the member and I share the objective and principle of making this a better, kinder and gentler nation.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I thank my colleague for his presentation.

Some people will argue that implementing UNDRIP would effectively give first nations a veto over every natural resource development project.

I would like to hear my colleague explain why that is not the case and how Bill C-15 would still allow for proper negotiation.

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, Bill C-15 sets out a framework for dialogue, collaboration and working together, and frankly, if we do not have that we will have a far more cumbersome way of accomplishing anything. If this document creates a framework for dialogue and a framework for free, prior and informed decisions for all parties, we will come to better decisions.

[Paul Manly, Green, Nanaimo—Ladysmith, BC]

Mr. Speaker, the Green Party has been calling for the implementation of UNDRIP for a long time. It is unfortunate that we have time allocation on the bill, because I think it is part of our democratic process to have a fulsome debate in the House of Commons on important bills like it.

The British Columbia government implemented legislation on UNDRIP, and shortly after, we saw the conflict with the Wet'suwet'en explode. We have seen it ignore the complaints of West Moberly First Nations and Prophet River First Nation with Site C. We have seen revenue-sharing agreements with silencers on them so that members cannot speak out in their communities, and we have seen those agreements leaked. We know this is happening with old-growth logging in British Columbia too, and we see division in the Pacheedaht community. It seems like the colonial project of resource extraction continues on, whether we have UNDRIP legislation in British Columbia or not.

I would like to ask the hon. member how he sees UNDRIP unfolding in Canada. Will we see a more fulsome process for free, prior and informed consent on these projects to ensure that people in these communities are not silenced by revenue-sharing agreements that are set up by the government?

[Tony Van Bynen, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, as we are in a democracy, we are not always going to agree on everything. I think what is important here is that we are building a framework for dialogue, for discussion and for free, prior and informed discussions. I think that will improve our relationship. It will also strengthen our country and strengthen the fabric of the values that we hold across it. I think it is becoming a basis for better dialogue and a basis for developing collaboration.

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Mr. Speaker, today, I speak from the Mi'kmaq traditional territory of Unama'ki in the Eskasoni First Nation.

It has been over 400 years since my Mi'kmaq ancestors met European travellers on the shores of Mi'kma'ki. This moment thrust generations of transformation and struggle that led to the conflicts, diplomacy and eventually treaties that have shaped Canada and its Constitution. That struggle and those relations continue to this day across Canada.

Today's debate is the next step on this journey and the generational struggle of indigenous peoples in Canada. With Bill C-15, we turned a page on colonial narratives entrenched within the Indian Act and moved on to a new chapter founded on the United Nations Declarations on the Rights of Indigenous People.

This past week Grand Chief Wilton Littlechild reminded me that indigenous leaders have been fighting for recognition of their basic human rights entrenched within UNDRIP for over 40 years. The fact that this government act is in Parliament today is an achievement of the possible in the realm of the improbable.

Today, I would like to share a perspective on Bill C-15 that is personal, but also shared by many indigenous people in this country. My father, Sákéj Henderson, one of the original drafters, wrote that UNDRIP is a process whereby, “Thousands of Indigenous peoples participated over thirty years in the development of Indigenous diplomacy.”

Before the 1982 Constitution, long before the recognition in the Supreme Court of Canada, Kji-keptin Alexander Denny and a delegation of Mi'kmaq went to the United Nations to seek justice for Mi'kmaq based on the UN covenants available to them at the time.

There, they met several indigenous leaders from around the world who were all advocating for the right to be recognized as humans and protected by the rights that came from the UN Universal Declaration on Human Rights. At the time, there was no UN mechanism whereby the rights of indigenous peoples, as humans, could be protected. In fact, the first meeting of the UN working group referred to indigenous populations because of the fear of recognizing them as a people.

Despite the objections and fears, indigenous leaders persevered, and on September 12, 2007, more than 143 countries affirmed the recommendation to extend human rights and fundamental freedoms to indigenous people. Canada voted against that. That decision by the Harper-led Conservative government to deny indigenous people human rights and freedoms brings us to where we are now. Today, we can undo that mistake.

In a divided world, UNDRIP is a global vision. The longest, most comprehensive human rights instrument negotiated at the United Nations, fought and won by thousands of indigenous leaders speaking 100 different languages from all corners of the globe. The 46 articles within UNDRIP give clarity and understanding of the inherent rights recognized in section 35 of our Constitution, also known as aboriginal rights. It addresses what is meant by fair, just and consensual relationships between indigenous people and government.

Our Liberal government has already shown our commitment to implementing the human rights of indigenous peoples, entrenching these principles into our Environmental Assessment Act, the Indigenous Language Acts and the indigenous children, youth and family act.

However, the time has come for all political parties to stand up for the inalienable human rights of indigenous people in this country. Let us be clear: The human rights of indigenous people have been and continue to be denied in Canada. UNDRIP is a vital and necessary part of the remedy to this generational injustice. The 1876 Indian Act codified this injustice and colonial framework stating that the term “person” means an individual other than an Indian unless the context clearly requires another construction.

From the moment Canada legally denied Indians the rights of persons, it became necessary to create this declaration and to confirm the inalienable human rights of indigenous persons. With great humility, I add my name to those who wish to be recognized as persons as well in Canada. I am humbled in the knowledge that so many other indigenous MPs have spoken in this House, advocating for human rights to extend to indigenous people as well.

Let me be clear: Bill C-15 would not create new rights. It affirms rights actively denied to indigenous peoples for generations. Bill C-15 rejects colonialism, racism and injustices of the past. It affirms familiar human rights norms and minimum standards that Canada and Canadians have long supported.

It places two interrelated obligations on the federal government, in consultation and co-operation with indigenous peoples of Canada. The first obligation is to take all measures necessary to ensure the laws of Canada are consistent with the declaration. The second obligation, which is just as important, is to establish an action plan to achieve the objectives of the declaration within three years. These obligations are necessary for establishing a just framework for reconciliation and fulfilled promises, to generate better lives for indigenous peoples.

Critics of Bill C-15 have tried to use words like uncertainty and unintended consequences to slow, stall and create fears of UNDRIP. However, in reality they are doing nothing more than perpetuating colonial notions that for generations have benefited them and exploited indigenous peoples.

Former Justice Mary Ellen Turpel-Lafond, in response to fears that Bill C-15 would slow down the economy, stated:

It is fearmongering to suggest that somehow the rights of indigenous people will make the Canadian economy not work and to point to British Columbia and say that is particularly laughable and inaccurate.

Bill C-15 is about fair, just and consensual relations among legally recognized people. Bill C-15 is another step to guarantee indigenous people a dignified life and a meaningful economic future. Whether supporter or skeptic, all Canadians will benefit from recognizing and exercising our shared humanity. The passing of this bill into law would require, inspire and enable Canadians to maintain the promises of a better nation.

In closing, I would like to thank Romeo Saganash for his leadership on his private member's bill, Bill C-262. I would also like to thank my father, Sákéj Henderson, and Russel Barsh for their wise counsel and their tireless efforts to help the Mi’kmaq over the years; as well as the many indigenous leaders within the Assembly of First Nations and the Indigenous Bar Association who have advanced my education on UNDRIP over the years; as well as all the indigenous leaders from coast to coast to coast whose tireless efforts have led to government legislation on Bill C-15.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, I would like to thank the hon. member for a very moving speech on Bill C-15. The concept of consent was first raised with me nearly 40 years ago, when I lived in Yellowknife, by leaders of the Dene Nation in their initial opposition to the Mackenzie Valley pipeline. Ever since then, we have heard this rhetoric that recognizing indigenous rights will somehow block progress.

I wonder if the member shares my concern that these expressions of concern about delay and about blocking are fundamentally based on what can best be called stereotypical views of first nations, if not racist views of first nations.

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Mr. Speaker, indeed, I agree with my colleague's assessment.

The notion that indigenous people are anti-development is wrong. Indigenous people want to see development. They want to see Canada grow. However, what we are in favour of is sustainable development, smart development, development that does not jeopardize our future and that of the next seven generations that we are obligated to protect.

It is an important step moving forward that we realize that when indigenous people succeed in Canada, Canada succeeds.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I thank my colleague for his speech on Bill C-15.

I am trying to understand. Many bills have been introduced in the past on this matter. My colleague applauded the work of Romeo Saganash, who advocated for the recognition of the United Nations Declaration on the Rights of Indigenous Peoples. The Liberal government has been in power since 2015. Has waiting so long to pass the bill not caused more misery in indigenous communities?

Clean drinking water is still a problem. Women and girls have disappeared or been murdered. We know that passing this bill could help solve these types of problems. That is why it is so important to do it, especially for a self-proclaimed feminist government. Has the failure to implement the United Nations Declaration on the Rights of Indigenous Peoples not harmed the cause of indigenous women?

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I started off my speech on the premise that it has been 400 years. We can look at the past, and we should look at the past. However, the best time to implement these rights is right now. That is what we have in front of us, the ability to take those strides that no government has taken before.

I ask my learned colleague from the Bloc to join with us in not delaying, for any more time, when indigenous people could have the same human rights as every other Canadian.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Mr. Speaker, let me just begin by thanking Professor Sákéj Henderson, and my friend from Sydney—Victoria for his enormous leadership within the indigenous caucus and within our government as well.

As the member just mentioned, this is the moment for us to capture, this is the moment in which we could reset the relationship. For parties that are not supporting this bill, what does this member have to say to them? What is it that they are missing that others have been able to capture? What is the message that he has for the Conservatives and the Bloc?