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

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Madam Speaker, we all recognize that it was human error caused by a technical issue, and that is fine.

Even if we disagree on Bill C-15, we recognize how important it is to first nations, and we will proceed with the debate.

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

Madam Speaker, I would like to begin by acknowledging that Canada's Parliament is located on the unceded traditional territory of the Algonquin people. I am speaking to members currently from my riding of Scarborough—Rouge Park, the traditional lands of many indigenous nations, most recently of the Mississaugas of the Credit.

I would like to acknowledge the work of the Minister of Justice and the Minister of Crown-Indigenous Relations in getting us to this point. I note that the Minister of Justice has spoken on Bill C-15 extensively over the last several months in Parliament, in committee and the Senate, so I do want to acknowledge—

[The Assistant Deputy Speaker, Carol Hughes]

I have to interrupt. There seems to be someone who has their microphone on. I just want to remind members that, if they do not want their private conversations being heard when they are not meant to be, they should have their microphones off.

It really impacts the House of Commons and the speakers when those microphones are left on. Again, out of respect for members in the House of Commons, I ask those who are joining virtually to please have your microphones off if you are not up to speak.

We will continue with the hon. parliamentary secretary. I do apologize for that interruption.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, it has been more than 13 years since the United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly. It is five years this week since the Minister of Crown-Indigenous Relations attended the United Nations to announce that Canada was a full supporter, without qualification, of the declaration. She also affirmed Canada's commitment to adopt and implement this international human rights document in accordance with the Canadian Constitution.

The introduction of Bill C-15 last December fulfilled our government's commitment to introduce legislation by the end of 2020 to implement the declaration, and it established the former private member's bill, Bill C-262, as the floor, rather than the ceiling.

I would like to take this opportunity to recognize the leadership of a former member of Parliament, my dear friend Romeo Saganash. I would like to take this opportunity to thank him for his work in Parliament and across the country with indigenous peoples and communities to advance his private member's bill, Bill C-262, to implement the declaration here in Canada. It was very disappointing that Bill C-262 died on the Order Paper, unable to make it through the Senate process before the last federal election. I therefore urge all parliamentarians today to ensure that this does not happen to Bill C-15.

The declaration is a result of decades of tireless efforts, negotiations and sustained advocacy at the United Nations by inspiring indigenous leaders from around the world, including many from Canada. From Dr. Willie Littlechild to former NDP MP Romeo Saganash to Sákéj Henderson and so many others, Canadian indigenous leaders played an instrumental role in the development of this historic international human rights document.

The Truth and Reconciliation Commission stated that the declaration charts a path for reconciliation to flourish in 21st century Canada, and the TRC call to action 43 calls on all levels of government to fully adopt and implement this declaration. The National Inquiry into Missing and Murdered Indigenous Women and Girls called on governments to immediately implement and fully comply with the declaration.

The declaration is of critical importance to indigenous peoples across Canada, and its implementation is essential to a shared journey toward reconciliation. It is long past time for the Parliament of Canada to pass legislation to implement the principles set out in the declaration. Once passed, Bill C-15 would affirm the declaration as a universal international human rights instrument with application in Canadian law. It would also provide a framework for the Government of Canada's implementation of the declaration.

This framework would establish new accountability for the Government of Canada to work with first nations, Inuit and Métis peoples to find new ways to protect, promote and uphold the human rights of indigenous peoples across Canada. This legislative framework would further demonstrate Canada's continued commitment to uphold the rights of indigenous peoples now and in the future. It would also bring further clarity to the path forward for indigenous peoples, communities, industry and all Canadians.

Once passed by Parliament, the legislation would create new requirements for the Government of Canada, in consultation and co-operation with indigenous peoples, to take all necessary measures to ensure that the laws of Canada are consistent with the declaration and prepare, and to implement an action plan to achieve the objectives of the declaration.

Moving forward, the laws of Canada would be required to reflect the standards set out in the declaration, while also respecting aboriginal and treaty rights recognized and affirmed in the Constitution. The legislation would require the Government of Canada to report annually to Parliament on progress made to align the laws of Canada with the declaration and on the development and implementation of the action plan. This approach is consistent with the declaration itself, which in article 38 calls on states to collaborate with indigenous peoples on appropriate measures, including legislative measures to achieve the goals set out in the declaration.

We acknowledge that some have expressed concern with the length of time for consultation on Bill C-15. It is important to recognize that private member's bill, Bill C-262, the foundation of this legislation, was also the subject of extensive parliamentary debate and study in the previous Parliament. Despite an accelerated engagement process for Bill C-15, even during the pandemic, the bill's additions to the foundation of Bill C-262 reflect the content requested by a wide cross-section of first nation, Inuit and Métis partners from coast to coast to coast.

In total, over 70 virtual sessions took place, which allowed us to hear the views of over 462 participants about potential enhancements to a consultation draft of legislative text, based on former private member's bill, Bill C-262. Before June and November 2020, the government held 33 bilateral sessions with the AFN, ITK and MNC, involving extensive technical discussions on the content of Bill C-15.

Natan Obed, President of the Inuit Tapiriit Kanatami, a national indigenous representative organization for Inuit in Canada, spoke at the Senate Committee on Aboriginal Peoples last Friday. I am quoting from the blues, but while there he said, “We have worked positively and constructively with the federal government on the development of Bill C-15 within a relatively short timeframe. I want to thank the Department of Justice and the Minister of Justice for ensuring the co-development happened within this particular piece of legislation and also the government's willingness to be flexible and consider amendments throughout the process.”

Last fall, through a series of virtual sessions, the government also undertook an extensive six-week session of broader engagement with a wide cross-section of indigenous partners on the development of the draft legislation. This engagement included modern treaty and self-governing first nations, Inuit regions, other rights holders, national and regional women's organizations, youth, LGBTQ representatives, as well as some non-indigenous stakeholders.

More specifically, 28 engagement sessions were held with rights holders, modern treaty partners and other national and regional organizations, including women's organizations. Four industry-specific round tables were held with the key sectors of minerals and metals, clean energy, forestry, and petroleum sectors. These also including indigenous participation.

Five sessions were held with provinces and territories, including two ministerial meetings, and some of these meetings also included indigenous experts and leaders. There was also a round table with indigenous youth from the Assembly of First Nations, Inuit Tapiriit Kanatami, Métis National Council and Canadian Roots Exchange, and with university law students.

In addition, we received over 50 written submissions that provided feedback and proposed text changes, including views and recommendations on the development of an action plan. An extensive “What We Learned” report is available on the Department of Justice website, which outlines the extensive framework feedback the government received throughout the engagement process.

The extensive engagement with indigenous partners and others led to key enhancements from former private member's bill, Bill C-262, to be included in Bill C-15. Bill C-15 has new language in the preamble, including the highlighting the positive contributions the declaration can make to reconciliation, and healing and peace, as well as harmonious and co-operative relations in Canada.

It recognizes the inherent rights of indigenous peoples. It reflects on the importance of respecting treaties and agreements. It highlights the connection between the declaration and sustainable development. Finally, it emphasizes the need to take diversity of indigenous peoples into account in implementing the legislation.

A purpose clause has been included to address the application of the declaration in Canadian law, and to affirm the legislation as a framework for new federal implementation of the declaration.

Bill C-15 has clear and more robust provisions on the process of developing and tabling the action plan and annual reports. It has a provision to allow the Governor in Council to designate a minister to carry out elements of the bill. These changes and additions enhance and build upon the elements set out in Bill C-262.

Engagement also did not stop when the bill was introduced. Since the introduction of the bill in December, extensive meetings have been held with indigenous partners and other stakeholders. These ongoing discussions, along with an extensive study at the House of Commons Standing Committee on Indigenous and Northern Affairs, have informed a number of further amendments to Bill C-15, which passed at the House committee. I want to take a moment to thank the members of the standing committee for their hard work and co-operation in getting this bill through.

The amended bill now includes the specific rejection of the racist and colonial doctrines of discovery and terra nullius in the preamble. The preamble now also clarifies that Canadian courts have stated that aboriginal and treaty rights, recognized and affirmed in section 35 of the Constitution Act, are not frozen and are capable of evolution and growth. Bill C-15 also now expressly includes the term “racism” in both the preamble and the body of the legislation.

Based on consensus advice from indigenous partners, the government also agreed to amend the timeline to co-develop the action plan from three years to two, a timeline we are confident is sufficient for a meaningful process and co-development of an effective action plan.

Our government is committed to the meaningful co-development of Bill C-15's action plan with indigenous partners and experts to ensure that the implementation of the legislation is effective and accountable. The bill itself sets out that the action plan must include measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimination against indigenous peoples: elders, youth, children, women, men, persons with disabilities, and gender diverse and two-spirit persons. It must promote mutual respect and understanding, as well as good relations, including through human rights education.

The action plan must also include measures related to monitoring, oversight, recourse or remedy, or other accountability measures with respect to the implementation of the declaration. We have already begun preliminary discussions with indigenous partners on the design of the future process. Budget 2021 provides $31.5 million over two years to support the action plan's co-development.

My Conservative colleagues have framed the concept of free, prior and informed consent, FPIC, as an undefined statement and have suggested it could be interpreted as a de facto veto for individual indigenous communities or groups over resource development. I note the term “veto” is nowhere to be found in the draft of the text. They have tried to raise concerns that this would jeopardize the economy and bring uncertainty to the resource sector. In fact, FPIC focuses on the inclusion of voices, concerns and opinions of all indigenous peoples who would be affected by a proposed activity or project, ensuring these concerns are addressed and that there are mitigation plans in place.

I think Dr. Mary Ellen Turpel-Lafond addressed this best when she spoke to the House committee on behalf of the Assembly of First Nations on April 13:

...there is an element of what I would call “fearmongering” about the concept of free, prior and informed consent, that somehow that will cause economic damage and so forth. In fact, free, prior and informed consent, and operationalizing that by having industry, government and first nations work together appropriately early, in the context of recognizing the rights, provides more economic stability, certainty and security

In conclusion, just last week, National Chief Perry Bellegarde, representing the Assembly of First Nations, spoke in favour of passing Bill C-15 at the Senate committee on aboriginal peoples, where he stated:

I urge you all to seize this historic opportunity and to play a key role in upholding and advancing the human rights of Indigenous peoples.

At the same Senate committee meeting, Natan Obed, the president of ITK, said, “We see this piece of federal legislation as a positive contribution to the approach of human rights being applied equally to all Canadian citizens. ”

David Chartrand, speaking for the Métis National Council, told the Standing Committee on Indigenous and Northern Affairs on April 15:

We believe that passing this bill into law is critical to a future that respects our rights as a nation. We urge members to expedite the process to ensure that Bill C-15 is passed in this session of Parliament.

While no piece of legislation will get unanimous support from all indigenous peoples in Canada, Bill C-15 has broad support from first nations, Inuit and Métis from coast to coast to coast. Bill C-15 is about shredding our colonial past and writing the next chapter together as partners with indigenous peoples.

I therefore urge all members of the House to support this fundamental piece of legislation and to support Bill C-15.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, I have two questions for the parliamentary secretary.

First, if FPIC is not a veto, then could he concretely tell the House what will be different regarding what is required in consultations? Once that principle is passed through this law, what will be different from the status quo? If nothing is changing, then what is the point? If it is not changing into a veto, then what precisely is different?

My second question is this. It seems to me the government uses indigenous consultation when it wants to kill development projects, but it rarely consults indigenous communities when those communities want to support projects. In fact, we have heard from many indigenous communities, especially in the Arctic, about how the government's unilateral ending of offshore drilling, with a mere 45-minute phone call ahead of time to indigenous leaders and an announcement made with a foreign leader, really violated their expectations around consultation. Is the government prepared to reconsider its approach when it comes to blocking resource development projects that indigenous communities want to see moved forward?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, on the first question of veto, the bill would ensure certainty. What is different going forward is that there is a bill, there is a framework and legislation that would ensure that consultation takes place. It is already in Canadian law in many court decisions over the years. The bill would give certainty to those principles.

Second, in the sense of resource development with indigenous communities, this would also allow for greater certainty. There is a need to ensure that consultation takes place. The notion of self-determination of the future of indigenous peoples and their resources are inbuilt here and therefore, there are many important elements that would ensure certainty going forward. That is why Bill C-15 is so important to the future relationship between Canada and indigenous peoples.

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, I would also like to acknowledge our former colleague, Romeo Saganash, who worked very hard for this cause to be heard and whose main political commitment was ensuring the rights of indigenous peoples. I salute him and I am thinking of him.

The Bloc Québécois has supported the United Nations Declaration on the Rights of Indigenous Peoples for a long time. Even before it was signed, the Bloc Québécois helped develop it. I am referring to the meeting of the working group on the draft United Nations declaration on the rights of indigenous peoples that was held in Geneva in September 2004.

Could the parliamentary secretary tell me what he believes is the normative scope of free, prior and informed consent?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, I want to share in the member's praise of the former member of Parliament, Romeo Saganash. I know this is a lifetime of work for him and certainly in Parliament this was his primary body of work that all of us across all parties recognize and respect.

With respect to the issue of FPIC, what is important to recognize is that in order for development to take place, there is a clearly defined process in Canada for consultation. The bill would enhance that. This does not mean that every single community will have a veto over every single development. What it means is that government and companies have an obligation to consult extensively with all those who are impacted and to come to some consensus. This would essentially ensure that there is an effort by all parties to build consensus toward projects that can go forward.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I would like to thank my friend and colleague across the way for his tireless work in the previous Parliament to see this almost realized.

I was really pleased to see Bill C-15 amended to include paragraph 18, to include the constitutional principle of the living tree doctrine, which confirms that aboriginal and treaty rights evolve and grow over time. As I mentioned at committee, I would have preferred that this amendment be included in the operative articles of the bill as proposed by, for example, the Assembly of First Nations and the original drafter of Bill C-262.

Would my hon. friend have preferred the same, that this amendment be included in the operative articles of Bill C-15?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, it has been a pleasure working with my friend from Winnipeg Centre on Bill C-15 and to get it to this point. What I am looking for and I think what the government is looking for and what I think all of us are looking for is passage of Bill C-15 in this Parliament.

It is imperative that we move forward on reconciliation as indicated by the call to action 43 of the TRC. In many references, the need to ensure that Canada adopts UNDRIP is essential. Therefore, we could always reflect and say we could have done better here and here, but what is important is that we get the bill done, as the bill would ensure the principles that my friend opposite mentioned are incorporated. I believe that would be a very significant move in passing the bill. What is important for us now as Parliament, is to pass Bill C-15, as amended by the House, which has taken a great deal of effort by all members of the committee—

[The Assistant Deputy Speaker, Carol Hughes]

I would like to go to another question.

Questions and comments, the hon. member for Kingston and the Islands.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, perhaps the parliamentary secretary can conclude his thoughts in answering my question.

This is something that the United Nations adopted many years ago. We are finally getting to this point. There have been attempts in the past. This really means something for not just indigenous people but for all Canadians.

Can the parliamentary secretary comment on what he sees as the potential impact of passing this piece of legislation, and why it is so important to do this as quickly as possible?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, that is a very important question, because this is a call to action of the Truth and Reconciliation Commission report. This is one of the key elements that is in there in call to action 43, which says that Canada has to implement UNDRIP.

It is important for indigenous people, but it is also vitally important for all Canadians because it is a statement to the world that Canada respects and adheres to indigenous rights. It is a very important international human rights document that we are reaffirming today through Bill C-15. It is very important for all people in Canada to be able to move forward from our colonial past, where many indigenous peoples have been significantly affected, to a future that is positive and based on trust and a positive relationship.

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Madam Speaker, my question for the parliamentary secretary is quite simple. Dale Swampy from the National Coalition of Chiefs, whose mandate it is to reduce on-reserve poverty, said:

I think UNDRIP is important and significant in many ways, and I obviously support indigenous rights. However, I am skeptical about Bill C-15 itself. I think it needs to be written much more carefully, because as it is drafted today, it is obvious to me that it will deter investment in Canadian resource development, and that hurts the indigenous communities that rely on resources.

The Indigenous Resource Network, the Indian Resource Council, and First Nations LNG Alliance all expressed similar concerns.

Would you accuse these people of fearmongering when they expressed reasonable concerns?

[The Assistant Deputy Speaker, Carol Hughes]

I want to remind the member that he is to address all questions and comments to the Chair.

The hon. parliamentary secretary.