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.

Indian Act

[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 Saysewahum 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.

Employment Insurance Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I would like to start out by congratulating Adopt4Life, the Child and Youth Permanency Council of Canada and the time to attach campaign for their tireless advocacy, which has led to Bill C-318 today.

I also congratulate my colleague from Battlefords—Lloydminster for putting this bill forward. It is an important first step in providing adoptive parents with the parental time they need to attach to adoptive children.

This is a critical first step in improving the outcomes for children being adopted, many of whom are over the age of 10 at the time of placement and have a history of trauma and loss. I, along with my NDP colleagues, support this change as we recognize that building relationships between children and adoptive families is vital for the success, not only of the child, but also for the adoptive family.

The first year that children are with their adoptive parents or caregivers is crucial for bonding and creating a foundation for strong relationships. The extension of this parental leave is crucial.

Unfortunately, one of the areas where this bill falls short is the recognition of kinship and customary care arrangements. This is strongly supported by Adopt4Life and Time to Attach campaign, which are also fighting for an additional 15-week leave for children who are receiving customary and kinship care.

The province of Manitoba defines “kinship care” as an arrangement in which the child is placed with extended family, such as a grandparent or someone with whom they have a significant relationship. Simcoe Muskoka Family Connexions defines “customary care” as care through an individual's lifespan in which the community takes care of its own members according to its customs, traditions and norms.

Both kinship and customary care arrangements are common within indigenous nations as we struggle to reclaim our families and children. This is a serious omission in the bill that needs to be addressed, especially because, in the provinces of Manitoba and Saskatchewan, 90% of all children in care are indigenous. There are more children in the child welfare system today than at the height of the residential school system.

We know the harmful implications of separating children from their families and communities. One only has to look at the impacts of residential schools, where children were forcibly removed from their families and shipped off to residential schools, and at the sixties scoop, where indigenous children were removed from customary care structures and placed in non-indigenous foster homes, disconnecting them from their familial and community structures, to see the lasting damage that has caused.

In both instances, physical, sexual, emotional, psychological and spiritual abuse were rampant. This has resulted in lasting trauma and loss for individuals, families and communities. This was acknowledged in the 2015 report by the Truth and Reconciliation Commission of Canada. Moreover, the omission of customary and kinship care is contrary to our international obligations, including UNDRIP and Bill C-15, which is now a law in Canada. It is also in violation of article II of the UN convention on genocide.

I want to share a story about my mother. My mother, Marjorie Gazan, was a street kid and a child welfare survivor who ended up in the system after my grandmother abandoned her and her younger brother in a hotel room in Moose Jaw, Saskatchewan, when she was five years old.

My grandmother had to leave them to earn money. There were no supports for indigenous women in the 1930s. There were no human rights. There was no one to turn to, especially for indigenous single mothers, and my grandmother was not an exception.

Since my mother was the eldest child, my grandmother left her in charge of her younger brother with specific instructions. She said, “Here is a loaf of bread, peanut butter and jam. It needs to last five days.” I remember my mother telling me how she, along with my uncle, gleefully ate the loaf of bread and ran out of their food ration in only one day. Hungry, scared and alone, my mother decided to call the Children's Aid Society.

It is beyond most people's imagination, especially those who have been privileged with human rights, what a five-year-old girl would have to have endured to understand who to call and how to work with the bureaucratic child welfare system to relieve her and her brother's hunger. It was not that my grandmother did not love her, but she had grown up as a street kid, who later in life became a serious alcoholic to deal with the violent genocide she had experienced throughout her life. Dislocated from her family for reasons directly correlated to the Indian Act and other institutional and colonial disruptions, including residential schools, she did not have anyone or anywhere to turn to. In fact, under the former Indian Act, a “person” is defined as “any individual other than an Indian”. This made it impossible for my grandmother.

When my mother and uncle were apprehended into care, my late great auntie Stella Goodwill offered to take them into her house on Standing Buffalo reservation. However, this did not occur. As a result, my mother ended up being switched between 15 different placements between the ages of five and 18. It was not until I was 13 years old that my mother reconnected with her family and her community of Wood Mountain Lakota first nation. My mother had to endure a life alone in the world, and as a result, I was brought up almost completely devoid of extended family. I often envied my friends having big family dinners with their relatives. This was robbed from our family by the child welfare system and residential schools, as well as the intergenerational impacts of institutionalization, colonialism and systemic racism.

I sometimes wonder why I was brought to the House of Commons, an often racist, misogynistic, classist and neocolonial environment, where talk of reconciliation is cheap and the discomfort demonstrated when the residue of trauma caused by colonial violence rears its head is received with assumptions and judgments. Maybe that is why I am here, to tell these stories, to speak these truths so that they will forever be recorded in the Hansard, to fight for justice for families and communities, and to bring our children and women home.

Customary and kinship care is one way to achieve this. Although the NDP will be supporting this bill, it is my hope that extending the benefits to customary and kinship caregivers will be addressed at committee to truly reflect reconciliation.

Motion in Amendment

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I rise today to speak about Bill C-35, the Canada Early Learning and Child Care Act.

Let me take this opportunity to first of all thank all of the advocates, experts, parents, child care providers, workers, unions and others who took the time to make presentations or write submissions to the committee. Their passion and their knowledge about quality, affordable and accessible child care shone through and helped us make the bill better. There are too many people and organizations to name, but I am so grateful for their advocacy and guidance.

I am proud that we have emerged from the committee process with an improved piece of legislation. As a result of amendments put forward by the NDP, the bill includes stronger reporting requirements for greater accountability and transparency; more inclusive language that reflects the needs of children with disabilities and those from official language minority communities; recognition that the conditions of work affect the conditions of care; and an amendment to uphold the right of indigenous peoples to free, prior and informed consent on matters pertaining to their children. This acknowledgement is historic, and it is the first time since the passage of Bill C-15 that it has been enshrined in federal legislation.

This builds on other important provisions included in the original bill, including an explicit prioritization of non-profit and public child care for federal funding, something the NDP fought for and won. Witness after witness made it clear that the research overwhelmingly agrees that non-profit and public child care delivers the best outcomes and the highest quality of care for children.

I hope that after Bill C-35 becomes law, we no longer see federal money being used to expand for-profit child care in Canada, as we saw several months ago in Alberta with the federal government announcing support for 22,500 new for-profit spaces. Public money should be used to expand public and non-profit child care. Public monies need to be invested in public institutions. It is better for workers and it is better for children.

The NDP supports this bill, and I urge my colleagues from all parties to pass it unanimously to show our commitment to supporting children, families, workers and child care providers. This is an important step towards building a permanent national system of $10-a-day child care.

I want to focus my remarks today on a theme that emerged time and time again in committee: We have a child care workforce crisis in this country. Child care workers receive wages that are not livable and benefits that are not adequate. They often endure difficult working conditions. Unless we address these issues, we are putting the success of a national child care system at risk.

Who are these workers? Well, more than 98% of them are women; one-third are immigrants or non-permanent residents; and child care workers are more likely than workers in all other occupations to be racialized. They perform some of the most critical work in our society, providing education during the years most crucial to a child’s development, and yet they are treated as disposable.

The wage floor for early childhood educators in Ontario, for example, is just $19 an hour. It is just $19 an hour for providing essential work. Do members know the average rent for a one-bedroom apartment in Toronto? It is $2,500 a month. This is outrageous. We are asking people to take on the work of looking after and educating our kids, and then we are not paying them enough to provide for their own kids. It is no wonder that people who trained as early childhood educators are leaving the profession to take better-paying jobs in other fields, or that many people are discouraged from entering the profession in the first place. More than any other factor, this is why we have a shortage of child care spaces across the country.

I know that the fee reductions we have been seeing as a result of the bilateral agreements with the provinces are having a huge and positive impact for thousands of families. I want to acknowledge that; I want to acknowledge that it is making their lives more affordable, but far too many others are stuck on wait-lists and cannot access the benefits of more affordable child care.

We can build all of the new spaces we want, but that means little unless well-trained, well-paid workers are put in place to staff these new centres.

I have often heard the situation in the child care sector described as a worker shortage, but let us be clear: This is not, in fact, a worker shortage; it is a wage shortage. It is a respect shortage. It is a dignity shortage. This shortage of dignity and respect is contributing to the shortage of affordable spaces.

Last week the Canadian Centre for Policy Alternatives released a report showing that almost half of younger children, which means those not yet attending kindergarten, live in “child care deserts”, where there are more than three children for every licensed child care space. In Saskatchewan, the number is 92%, and in my own province of Manitoba, it is 76%.

One of the key recommendations the report offers to address this situation is to guarantee decent wages and benefits for child care workers. We need immediate federal investments to provinces and territories to improve the wage grids of their child care staff. We also need this government to put in place a workforce strategy that ensures livable wages, better benefits, retirement security, adequate working conditions, and education and training opportunities.

I want to address the argument I often hear from my colleagues, which is that this is provincial jurisdiction.

We are building a national child care system. Without federal leadership to address this workforce crisis and improve pay, benefits and working conditions, this system will not be sustainable. It is not just workers who suffer from poor compensation; their working conditions are kids’ learning conditions. They are directly tied to the quality of care

The federal government can and must use its spending powers to raise the bar for workers. The Liberals know that they can do this. In fact, in 2021, during the 2021 election, they promised a wage floor of $25 an hour for personal support workers, an area that is also within provincial jurisdiction. Why can they not make the same promise of livable wages for child care staff, who perform different but equally essential roles in society?

We do not have to choose between $10-a-day child care and raising wages for child care workers. We can and must have both if we are going to have a successful national child care strategy. We can and must have both to ensure that kids get the best quality of care and that we are recruiting and retaining the workers we need to create more spaces so that parents can access affordable child care in the communities where they live.

I do not want this generation and the future generations of early childhood educators to have to make the same choice that I made: leaving a profession that I loved because I wanted to pay my bills. I want to live in a country where the work of early childhood educators is valued just as highly as the work of doctors, lawyers, engineers and all other professions.

The government cannot wash its hands of this responsibility. It has a leadership role to play in ensuring that every child care worker in Canada is treated with respect and dignity.

I ask this today of all of us in the House: Let us pass this bill. Let us ensure that the people who are at the heart of the national child care system that we are trying to build, without whose labour there would not be any system at all, are no longer an afterthought.

National Council for Reconciliation Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, with the passing of Bill C-15 in the last session, the United Nations Declaration on the Rights of Indigenous Peoples is mentioned 15 times in the bill, and the TRC calls for UNDRIP to be used as the framework for reconciliation.

We have a framework. We just have to follow that framework. That was a declaration that was produced after decades. It was over 23 years of work. We have the tools. We have the frameworks. We just need the political will to do the right thing.

Motions in Amendment

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I have such a tremendous amount of respect for my hon. colleague across the way. We did some pretty critical work together in committee to pass Bill C-15.

In saying that, I know that my colleague is very committed to human rights, but one of the frustrations that I have had, particularly as we are talking about this council, is the focus being shifted away from survivors and toward organizations. My second frustration is with this whole history of incremental justice.

With the current Liberal government, according to reports, only 13 out of the 94 calls to action, knowing that not all of them pertain to the federal government, have been responded to. The government still fails to respond adequately to the calls for justice from the national inquiry. I wonder if my colleague agrees with me that true reconciliation is demonstrated through action and not rhetoric.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I am pleased to speak to Bill C-29, an act to provide for the establishment of a national council for truth and reconciliation. I want to begin by acknowledging that we are gathered on the traditional unceded lands of the Algonquin peoples.

At the outset, I want to acknowledge the incredible work of many of my colleagues from different parties, including the member for Sydney—Victoria, who is the Parliamentary Secretary to the Minister of Crown-Indigenous Relations, the member for Northwest Territories, the member for Nunavut, the member for Winnipeg Centre, the member for Edmonton Griesbach and others, who, over the many years we have been here, have been inspirational in their work and advocacy as we make sure that as a government, we move forward on reconciliation.

Reconciliation is multi-layered, is often complex and is an issue that will take generations to achieve in Canada. Canada has gone through 154 years of colonialism and deeply rooted legislation that often disempowered and displaced first nations, Inuit and Métis across Canada. We have gone from having over 90 indigenous languages to only a handful being spoken today. We have seen the horrific results of residential schools and the intergenerational trauma they have created, and the lasting effects of the hurt and loss. We saw this with the unmarked graves, starting last year, and I suspect we will see it again and again as we unpack this deeply hurtful issue over the next few years. Parliament recently acknowledged what happened with residential schools as genocide, and that, too, is a very important aspect of moving forward and speaking truth to power.

As we look at establishing the national council for reconciliation, it is important to look at history. In 2015, when we took office, the commissioners of the Truth and Reconciliation Commission presented their findings, with 94 calls to action. That was in December 2015. They outlined the bare minimum that needs to be done in order for our path to reconciliation to move forward.

Since then, we have seen a number of different initiatives, including the report of the MMIWG, the missing and murdered women and girls report, and the calls to justice, as well as several other very important findings, including the unmarked graves. These things put additional responsibilities on the government and on all Canadians to address.

The 94 calls to action are an all-encompassing set of guidelines for the federal government, provincial governments and in some cases municipal governments, as well as organizations, particularly national indigenous organizations, and all Canadians. It is important to recognize that reconciliation is not a journey that can just be undertaken by Canada as a government. It needs to be an all-of-Canada effort that includes all stakeholders.

When we talk about reconciliation, oftentimes we talk about what Canada is prepared to do, but it really comes down to how much trust and confidence indigenous people can have in this process. What we have seen in the last seven years is that while we have moved ahead on a number of very important initiatives, we have often seen this relationship be two steps forward and one step back because there is a lot of unpacking to do. As we approach and encounter these issues, it is important that as a government we double down and recommit to working harder to ensure we move forward on this process.

It is an imperfect process. It is an imperfect set of ideas that often may need reflection, and in that I am pleased to share with the House some of my experiences over the past seven years working across party lines with the members opposite.

I do want to start off with our work on Bill C-262, which was a private member's bill brought forward by my friend Romeo Saganash. It essentially called for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, and I was fortunate to work with Mr. Saganash over the couple of years he was actively advocating for Bill C-262. We travelled a fair bit in our committee work and spoke to many individuals: young people, elders, band councils and indigenous organization members. The enormous support the bill had across Canada with indigenous people was remarkable. However, we saw that the same level of commitment was not here in Parliament.

Over time, sadly, Bill C-262 did not pass, but we were able to get Bill C-15 through Parliament in 2021, and basically it is calls to action 43 and 44, and it was able to pass. The second part of UNDRIP is the implementation of a national action plan, and our department is working very hard with indigenous partners and national indigenous organizations, as well as rights holders and many others, to make sure we have an action plan that can really address a review of laws and move us forward on this path.

One of the things that has really humbled me is the work we have done on indigenous languages. There is an act, Bill C-91, which was passed in 2019, and it was a critical moment in Canada because, when we talk about language, it is so fundamental to all of us. Often, I look at the passion with which my colleagues from the Bloc Québécois address the issue of bilingualism and language, and the passion with which many of my colleagues on this side speak to the need to protect the French language.

I think it is so critical to ensure that linguistic minorities are protected across Canada, but often missing in that conversation is the need to protect and save the many indigenous languages that existed prior to Confederation. In many ways, those languages are in their last stages. Medically speaking, they are on life support because we have so many languages that are at a point of being lost permanently.

I know the member for Elgin—Middlesex—London spoke about Oneida Nation on the Thames, and that is one of the groups we met during the development of Bill C-91. It was devastating to see that only a handful of people were able to speak that language, which shows how important it is that Bill C-91 is there. As well, we, along with the support of the New Democratic Party, repealed mandatory minimum penalties just last week, and we implemented the National Day for Truth and Reconciliation.

These are some measures that speak to the work that has been done, but there is a lot more to do, and I believe the national council would be a very important tool for us to measure objectively what work we need to do. It would measure and report back to the House, as well as to Canadians, on the need to fill in the gaps and to make sure we fulfill all the commitments in the calls to action of the Truth and Reconciliation Commission.

I look forward to questions and comments from my friends, and I thank them for this opportunity to speak.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I suspect that is one of the reasons we saw such unanimous support in regard to Bill C-15, which passed not that long ago, dealing with the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

That is something all of us could take a great of credit for, sharing, promoting and encouraging what UNDRIP is all about.

I represent an area in Winnipeg North that has one of the higher per capita populations of indigenous people. I have a very good understanding of many different related issues. Like many others in this House, I want to make a positive difference on reconciliation. That is why I often comment on the issue of reconciliation and just how important it is for us as a nation.

Public Complaints and Review Commission Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, that is another example of how indigenous people's rights in this country are consistently trampled on daily, including their mobility rights. Absolutely, we need to have independent oversight. That is certainly something we have called for.

It also speaks to the need to have indigenous representation and indigenous oversight to look at matters of human rights, which the government agreed to uphold with the adoption of Bill C-15 in the last Parliament, to see the full adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

National Council for Reconciliation Act

[Jaime Battiste, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Mr. Speaker, kwe. Hello.

Before I begin, I would like to acknowledge that Canada's Parliament is located on the unceded traditional territory of the Algonquin Anishinabe people.

I am pleased to have the opportunity to say a few words today as we gather to debate this important bill. Part of the shameful and racist colonial policy of residential schools was to forcibly remove indigenous children, first nations, Inuit and Métis, from their communities and deny them their families' languages and culture, all while they endured widespread abuse. Many of the children, we know now, did not come home.

The root of many of the inequalities we see today can still be traced back to the loss of culture, identity and family connections, and the abuse perpetrated by the residential school system. The harmful legacy of this system continues to affect survivors, family and indigenous communities to this day. We see it in the high rates of violence, incarceration and suicide, and in the high demand for mental health and addiction services across Canada for indigenous people. We must take action to reverse this legacy.

The creation of the national council of reconciliation, through Bill C-29, would be an important step toward enhancing reconciliation and strengthening the relationship between indigenous people and the Government of Canada, a relationship based on respect and recognition of rights.

As we begin to debate this bill, I would like to step back and look at the bill from a broader historical perspective. Canada had a system of residential schools starting in the 1830s and lasting until the final school closed in 1998. The aim of these residential schools was to kill the Indian in the child.

In the 2000s, survivors of the system organized a class action, bringing light to the abuses suffered in the residential schools. I recall during my time at the Assembly of First Nations, as part of the Assembly of First Nations National Youth Council, witnessing first-hand the leadership of survivors, such as former national chief Phil Fontaine, who was one of the first leaders to courageously share publicly his experience at residential school.

I am also reminded of the late Mi'kmaq advocate Nora Bernard, whose tireless pursuit of justice led to a class action lawsuit on behalf of the survivors in Nova Scotia. It was direct action and courage from indigenous survivors that led to a legal settlement with residential school survivors, the Assembly of First Nations, Inuit representatives, the federal government and church representatives.

In 2008, the resilience of survivors led to Canada making a formal apology to survivors for Canada's role in the residential school system. A very important part of that settlement agreement was the establishment of the Truth and Reconciliation Commission of Canada, which had a crucial mandate to inform all Canadians about the truth of what happened in Indian residential schools.

The commission's great work from 2007 to 2015 helped bring the truth of residential schools to light and begin the work of reconciliation among former residential school survivors, their families, their communities and, indeed, all of Canada. During this time, the commissioners conducted interviews and hearings with survivors and their families to document what had happened at these residential schools. Their work was extensive. They hosted seven national events, countless regional and community events across Canada and conducted more than 6,500 interviews, which resulted in the 94 calls to action we now discuss today.

These 94 calls to action laid the groundwork to the further reconciliation between Canadians and indigenous people. It is clear reconciliation might mean different things to different people, but the commission gave us a point to start from. It gave us a way of solidifying a complex set of ideas, bringing them together in a blueprint for addressing systemic racism in this country.

It describes reconciliation as an ongoing individual collective process that “will require commitment from all those affected including First Nations, Inuit and Métis former Indian residential school students, their families, communities, religious entities, former school employees, government and the people of Canada.” This involves all of us, and this journey of reconciliation is one we must take together.

In relation to the bill before us today, calls to action 53 to 56 directly call upon the government to do what the government plans to do with Bill C-29 today, which is to establish a national council for reconciliation.

Among the 94 calls to action, our government has already taken steps along this journey. We have created the first Indigenous Languages Act. We have for the first time an indigenous languages commissioner, and we have passed legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples in Bill C-15. Next week, we will be celebrating the first anniversary of the National Day for Truth and Reconciliation. While I am proud of these accomplishments, there is more work that needs to be done. It needs to be done at the federal, provincial and municipal levels. Bill C-29 would ensure that we stay committed to this important work.

Some of the functions of an independent national council for reconciliation would be to develop and implement a multi-year national action plan to advance efforts in reconciliation, conduct research on promising practices that advance efforts for reconciliation, educate the public about indigenous peoples' realities and histories, stimulate dialogue and address all other matters that the independent council determines are necessary to advance reconciliation.

Education is an important part of the work we need to do moving forward. In my previous role as a treaty education lead in Nova Scotia, I presented many times on reconciliation, and it was only then did I realize that most Canadians were not getting the entire history of Canada. Truth and Reconciliation commissioner Murray Sinclair, who is also a former senator, said it best when he pointed out, “While Indigenous children were being mistreated in residential schools being told they were heathens, savages and pagans and inferior people — that same message was being delivered in the public schools of this country.”

All levels of government and the Canadian public have a responsibility to educate and create awareness of our shared history, not only the things we are proud of as Canadians, but also the dark chapters in our history. We must do so by taking steps to decolonize our structures and education system and putting an emphasis on indigenous knowledge and indigenous voices. When we listen to indigenous voices and knowledge to work hand in hand with our indigenous partners, we create better, more inclusive legislation. That is why this proposed legislation has been led, at every step of the way, by indigenous voices.

From the interim board to the transitional committee, legislation has been led by indigenous leaders, such as former commissioner Dr. Wilton Littlechild, who was an integral part of the interim board, and the work he is currently doing gives continuity to the valuable work that had been done already. I will emphasize that this bill responds to the voices of indigenous leaders who worked closely with survivors, families and communities affected by residential schools. They led a process to build the resources and the space to try to heal, as well as build understanding between indigenous people and other Canadians.

The Government of Canada has respected that process and looks forward to advancing this bill with members' support. In doing so, we are directly responding to TRC calls to action 53 to 56 and the recommendations of the interim board and transitional committee.

In this important historical context, I call on all members of Parliament to join me in supporting this important bill and continuing to advance reconciliation.

National Indigenous Peoples Day

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

Mr. Speaker, today is National Indigenous Peoples Day in Canada. On top of celebrating indigenous history, culture and resilience, today also marks the one-year anniversary of the royal assent of Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act.

UNDRIPA breathes life into aboriginal and treaty rights, and concretely advances reconciliation. For over 30 years, indigenous groups advocated at the United Nations and in Canada to be self-determining nations. UNDRIPA turns the page on the colonial legacies of the past and moves us to a new chapter based on the recognition of indigenous people's inalienable rights. As we collaboratively work to implement UNDRIPA, it will be the foundation for a renewed relationship based on fair, just and consensual relations between nations.

Our government is committed to not just celebrating National Indigenous Peoples Day, but continuing to co-develop legislation that will improve the quality of life for indigenous people across Canada.

United Nations Declaration on the Rights of Indigenous Peoples Act

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, pursuant to Standing Order 32(2), I have the honour to table, in both official languages, the annual progress report on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act.

Indigenous Affairs

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, one of the 231 calls for justice calls for the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples. The government committed to doing so in passing Bill C-15, but in courts this week, federal lawyers now say UNDRIP is only an important interpretative aid in the process for discussions. Which is it? Will the Minister of Justice stand to confirm that the rights of indigenous people in Canada are indeed substantive, as stated in UNDRIP?

Missing and Murdered Indigenous Women and Girls

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

Madam Chair, the member's question gives me the chance to talk about Bill C-15, UNDRIP, the United Nations Declaration on the Rights of Indigenous Peoples, which will turn the page on the colonial legacies within the Indian Act by giving indigenous people the ability to implement that which they fought for at the United Nations for 30 years, that which the Conservative Party voted against.

Our plan and our way of moving forward is to make sure we implement what indigenous nations all across the world have been calling for over the past 30 years. Our government did that historically last year, on June 21, 2021, when it received royal assent, and I am proud to stand with this government, which made sure that was a priority.

[The Speaker, Anthony Rota]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

June 21, 2021

Mr. Speaker:

I have the honour to inform you that the Right Honourable Richard Wagner, Administrator of the Government of Canada, signified royal assent by written declaration to the bills listed in the schedule to this letter on the 21st day of June, 2021, at 6:35 p.m.

Yours sincerely,

Ian McCowan

Secretary to the Governor General

The schedule indicates the bills assented to were Bill C-210, An Act to amend the Canada Revenue Agency Act (organ and tissue donors); Bill C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94); Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples; Bill C-33, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022; and Bill C-34, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022.

Indigenous Affairs

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

Mr. Speaker, in 2007, the Conservative government chose to vote against the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. In the years since, indigenous parliamentarians, including Romeo Saganash and I, among others, have worked diligently to rectify this mistake, resulting in our government's tabling and passing of Bill C-15.

On National Indigenous Peoples Day, could the Minister of Justice please update the House on Bill C-15 and the work ahead to implement UNDRIP?