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

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I agree that everything has to be done in the proper way. Whether it be natural resources projects, or anything really, the rules have to be clearly defined and outlined, so people undertaking the application process understand the path forward and if there is a path forward. If we do not know that at the beginning, it makes it very difficult to continue on a project or even start one in the first place.

That is why we keep saying that we approve of the aspirational part of UNDRIP and of Bill C-15. However. What we are opposing and questioning, which is no secret, is the lack of due diligence in putting forward this legislation without coming to a common understanding of what free, prior and informed consent actually means.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I thank my friend across the way for that question, and I do mean “friend” in the true sense of the word. I appreciate his work on the file as well. However, there are a number of indigenous communities that are concerned about the wording of Bill C-15. We have even had letters from provincial ministers responsible for those files saying the exact same thing.

As we come out of this pandemic, those in industry will be looking for certainty. They will be looking for markets that allow them to invest their money and have light at the end of the tunnel, if they meet all of the requirements.

Until we have a definition of free, prior and informed consent, that certainty remains up in the air. When we are trying to rebuild the economy, bring these jobs back and bring opportunities to some of these first nations communities that, in many cases, rely on natural resources as their source of revenue and jobs, we need to have that certainty.

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

Mr. Speaker, I appreciate my friend's intervention today, but I fundamentally disagree with his approach, because a lot of what he said is what we heard during debate on Bill C-262. Members will recall that Bill C-262 was stalled at the Senate by Conservative senators. As a result, the hard work of former member of Parliament Romeo Saganash, in essence his life's work, did not pass in the last Parliament.

The consultation that he and many others did during that process was unprecedented. Essentially, with the member for Winnipeg Centre in many cases, he went community to community to do the consultations. Bill C-15 is built on the work of Bill C-262. The consultation has been extensive. It is never perfect, but it has been extensive.

On the discussion with respect to the premiers, and with the greatest respect to our provincial and territorial counterparts, it is worth noting that there has been 13 years to implement that essential human rights legislation. Sadly, many jurisdictions have not taken that step forward. One notable exception is British Columbia, which has implemented it in a fairly successful way—

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I rise today to speak to Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. This is a bill that has had seven iterations since 2008. Right from the beginning, Conservatives have seen the value in UNDRIP as an aspirational document that provides guiding principles toward reconciliation. We also recognize that many of the articles of UNDRIP are supportable. However, the impact of free, prior and informed consent and its impact on the cultural, social and economic development of indigenous peoples remains unclear. This is not coming as a surprise to the government. Conservatives have been clear from day one that this needed clarification. The fact that the government in its legislation has failed to clarify free, prior and informed consent yet again indicates it simply does not care about the implications that this bill would have for indigenous and non-indigenous communities.

Let me be clear. Conservatives support indigenous communities and their rights. We support the process of reconciliation with Canada's indigenous people, including the importance of education, economic development, and employment and training opportunities. We supported the Indigenous Languages Act and legislation relating to indigenous child welfare. We support many of UNDRIP's articles, but what we oppose is the government's lack of due diligence in putting forward legislation without reaching a common understanding of how free, prior and informed consent will be interpreted. We also do not think that enough consultation has been done with indigenous communities. This is something that has been echoed across the country, in fact. This will lead to uncertainty and could potentially undermine trust if expectations are not met, which could in turn set back reconciliation.

The government will say not to worry, and that this will be sorted out later. We have heard this many times. In fact, this is exactly what the justice minister told the Assembly of First Nations recently, but when it comes to taking action that will impact the lives of indigenous peoples, such as ending long-term boil water advisories, the Liberals have consistently failed to keep their promises. The Liberal government has a track record of saying it will sort it out later and then never delivering, so how can we trust them this time to do anything differently? That is why we have to worry with the Liberal government. We have to worry that the undefined statement of free, prior and informed consent could be interpreted as a de facto veto right, and thus have profound detrimental effects not only for a variety of industries across Canada, but for indigenous communities as well. National Chief Perry Bellegarde stated on May 12, 2016, that free, prior and informed consent “very simply is the right to say yes, and the right to say no”.

What if two or more indigenous communities want different things? The exact impacts on workers across regions and industries are unknown. The impacts on indigenous entrepreneurs are unknown. However, with the uncertainty created by the Liberals around the interpretation of free, prior and informed consent, the cost to communities, labour unions, indigenous businesses, and provincial and territorial governments could be astronomical. If existing laws and regulations could be superseded by implementing UNDRIP, the regulatory burden on industries could increase and deter business in Canada. This uncertainty hurts both prospective development and indigenous communities. There is a lack of clarity regarding how UNDRIP will work with Canadian jurisprudence and within each level of government. Everyone has a different interpretation. The only people who stand to benefit from a lack of clarity or a lack of definition are lawyers.

During a December 3, 2020, briefing for parliamentarians, representatives from the Department of Justice stated that Bill C-15 respects Canadian jurisprudence, while officials from Natural Resources Canada stated that the bill does not create requirements for industry, but for government. Which representatives were correct? We know from the Wet'suwet'en dispute that many indigenous Canadians believe the government and all industries operating in British Columbia, where a bill similar to Bill C-15 was passed, are bound by UNDRIP. In this case, hereditary chiefs maintained that they had not given their free, prior and informed consent for the pipeline. This was despite the proponent entering into agreements with all elected chiefs and councils along the approved route.

What if two or more indigenous communities want different things? Even within the same community, what if there is conflict between what the elected band council and hereditary chiefs want? Whose free, prior and informed consent trumps whose? Government officials appear to believe that the Indian Act and therefore elected chiefs would take precedence, but then why did the Minister of Crown-Indigenous Relations enter into an agreement with hereditary chiefs and ignore the elected chiefs of the Wet'suwet'en? There is not enough clarity.

There are many more examples.

Article 3 states:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

How does that work, regarding Supreme Court decisions such as Marshall I and Marshall II, which state there are limitations on economic rights subject to definition by the responsible minister and the Badger test?

Article 19 states:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

How does that work with the October 11, 2018, Supreme Court decision, which clearly states that the duty to consult does not extend to the legislative drafting phase?

Further, article 28.1 states:

Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.

What does that mean for the City of Ottawa, for example?

Furthermore, it should be noted that the Supreme Court established in 1901 that it does not need to be bound by previous decisions, meaning it could subsequently choose to revise certain decisions once UNDRIP is affirmed as a tool for interpreting Canadian laws, including the Canadian Constitution.

Another important question is that of how land claims and modern treaties will be affected by UNDRIP. Currently, for example, article 4 of the Nunavut Land Claims Agreement lays out a division of powers within the territory. It includes a political accord granting powers, such as in other provinces and territories, to a public government and creating space and decisions that would affect the socio-cultural development of Inuit for input from the beneficiary organization. However, the lack of a clear definition of free, prior and informed consent may lead to the reopening of that land claim, as is already happening in Nunavut.

ITK president Natan Obed stated on December 3, 2020, in an interview with a news agency that “There are many things that the land claims are silent on.” Since devolution has not occurred, these discussions can still happen between Canada and Nunavut Inuit.

Is it possible that modern treaties and established land claims across the country may move to reopen negotiations to reclaim rights groups feel they may have given up in exchange for self-government?

In its December 2008 resolution, the AFN specifically states that the relationship between first nations and the Crown has been, and must continue to be, governed by international law. It added that treaties concluded with European powers are international treaties created for the purpose of co-existence rather than submission to the overall jurisdiction of colonial governments, and that the Canadian government has at no point been able to provide proof that first nations have expressly and of their own free will renounced their sovereign attributes. This statement clearly suggests an unwillingness to accept Canadian jurisprudence as the ultimate authority, calling into question how discrepancies between Supreme Court rulings and UNDRIP articles would be resolved. That is of critical importance.

Clause 5 of the bill states:

The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.

Not some laws, but the laws of Canada: not just federal, but provincial and municipal as well. Has the government consulted with the provinces and municipalities?

On November 27, six provincial ministers of indigenous affairs sent a joint letter to the government to share their concerns with this legislation. That included Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick and Quebec. They were concerned that they were only given six weeks to review the legislation and about the impact it will have on the laws and regulations in their provinces. The letter states:

...delay is necessary both to allow for appropriate engagement with provinces, territories, and Indigenous partners on the draft of the bill, and to allow time for Canada to fully and meaningfully consider and address the legitimate...concerns that we have already raised about the draft bill in its current form.

The letter goes on to say:

A hasty adoption of ambiguous legislation that could fundamentally change Confederation without the benefit of the widespread and necessary national and provincial consultation and consensus not only risks undermining reconciliation, but will create uncertainty and litigation and risk promoting deeper and broader divisions within our country.

The list goes on.

The lack of clarity in this bill could have sweeping implications. The purpose of legislation is to make the law clear. As I said earlier, this bill fails to do that. The Liberal government has failed to do the real work necessary to make good on its promise to implement UNDRIP. Instead, it has presented a bill that is woefully incomplete because all it wants to do is check a box, but this bill is nowhere near a promise kept. It is yet another in a long line of the Liberal government's broken promises to indigenous communities.

On December 17, the National Coalition of Chiefs wrote to the Prime Minister, expressing its concern:

While the affirmation of Indigenous rights is always welcome, there are implications to this legislation, as currently drafted, that is likely to have negative impacts on the many Indigenous communities that rely on resource development as a source of jobs, business contracts and own source revenues. I do not want to see symbolic gestures of reconciliation come at the expense of food on the table for Indigenous peoples.

That is worth repeating: The legislation “is likely to have negative impacts on many Indigenous communities". How is that keeping with reconciliation?

Industry stakeholders are generally supportive. Like Conservatives, they share an understanding of the aspirational spirit of UNDRIP and the need for renewed nation-to-nation discussions on the path to reconciliation. However, they also share concerns, similar to those of Conservatives and many indigenous communities, that before Bill C-15 is passed, the government must clarify free, prior and informed consent. They are seeking clarity and want to ensure they understand the rules, but most concerning is the lack of consultation on Bill C-15 with indigenous communities.

The National Coalition of Chiefs expressed concern, stating:

...the lack of consultation is a flag for Indigenous leaders and communities across Canada. While the NCC was able to meet once with the Minister of Justice, there was an understanding that we would meet further to discuss our issues and concerns. The current comment period is far too short for us to consult with our representatives of Parliament.

Legislation of this magnitude only warranted one meeting.

On February 3, the elders of Saddle Lake Cree Nation wrote to the Prime Minister. They expressed deep concerns and indicated that they fully disapprove of Bill C-15 and the process that has been followed to date by the Government of Canada. This is because the government had not made any attempts to meet with them, or to provide adequate time and opportunity to consult.

The Liberal government has repeatedly demonstrated its inability, or perhaps just its unwillingness, to properly consult, let alone come to any agreements on the definition of “indigenous rights”. It is this uncertainty in the ability and willingness of the government to really deliver on Bill C-15 that has so many worried. Leaving interpretation to the courts over the ensuing years will lead to uncertainties that will have enormous implications for Canada.

While the Conservative Party supports the goals and aspirations of UNDRIP, we are concerned the government is going ahead with legislation, enshrining it into Canadian law, before we have developed a common understanding of what concepts such as free, prior and informed consent actually mean. There is currently a lack of consensus in the legal community. Without a common understanding, we risk creating uncertainty and misunderstanding in the future. That would mean letting indigenous Canadians and their communities down yet again.

Conservatives believe that the path to reconciliation lies in taking meaningful action to improve the lives of indigenous peoples and ensuring that they are able to fully participate in Canada's economy. We are concerned that a lack of clarity and common understanding about key concepts in the bill could have unpredictable and far-reaching effects that could undermine reconciliation in the long term.

Without a clear definition of free, prior and informed consent, there are several outstanding and troubling questions left unanswered. Whose consent must be sought when it is clear that consent has to be given? Could an unelected individual or group undermine the will of elected indigenous representatives or invalidate the decision of an indigenous-led process, an institution, or a public government?

I appreciate that the government feels that free, prior and informed consent does not mean a veto. The National Post reported the justice minister saying, “The word veto does not exist in the document”. In that same article, David Chartrand, the national spokesperson for the Métis National Council said, “We made it very clear, this is not a veto, we’re not out to kill industry”.

Why not then include a definition of free, prior and informed consent in this document? Why not spell it out for all Canadians that it does not mean a veto? If this process is about providing clarity for indigenous communities, non-indigenous communities and industry, let us start with some clarity around Bill C-15.

When it comes to taking practical actions that will impact the daily lives of indigenous peoples, such as ending long-term boil water advisories, the Liberals have, unfortunately, failed to keep their promises. I feel that Bill C-15 may be just another failed promise.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I think we can agree that Bill C-15 is certainly imperfect and is going to require some amendments. For example, we know in Canada that that there is a growing white nationalist movement here and abroad. We hear in the news about issues of ongoing racism and policing, and issues with health care, where people are literally dying in hospitals as a result of racism. Let us not forget what the Canadian Human Rights Tribunal ruling that the government has failed to to bring an immediate stop to racial discrimination against first nations, a clear indication of systemic racism. I know the bill mentions systemic barriers. I do not think that goes far enough.

Would the minister be open to amending the eighth paragraph of the preamble and subclause 6(2) to include a reference to racism? I certainly know that the calls have been strong from the leadership and people on the ground that this be included in the bill. Would the minister be open to that amendment?

[David Lametti, Liberal, Minister of Justice]

moved that Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to speak to the second reading debate on Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

Before I get into the substance of the bill, I would like to remind the House that it has taken decades of work to get to where we are today.

Negotiations and discussions have been taking place at the United Nations for over 20 years. Many Canadian indigenous leaders, speaking on behalf of the indigenous people of the world, have been strong advocates for a human rights instrument that would take into account the unique experiences and historical situations of the world's indigenous peoples.

I must acknowledge the tremendous efforts of parliamentarians and indigenous leaders in Canada who have proposed legislative frameworks for the implementation of the declaration since it was adopted by the United Nations in 2007.

I especially want to recognize the efforts of our former colleague Roméo Saganash, who introduced private member's Bill C-262 in the last Parliament. This bill was read and studied in quite some detail. His efforts brought us to this point and remind us of the constructive discussions that contributed to the drafting and presentation of Bill C-15. I thank Mr. Saganash.

Bill C-15 and our endorsement of the UN declaration are intended to renew and strengthen the relationship between the Crown and indigenous peoples, a relationship based on recognition, rights, respect, co-operation, partnership and reconciliation.

It is also part of a broader work to make progress together on our shared priorities for upholding human rights, affirming self-determination, closing socio-economic gaps, combatting discrimination and eliminating systemic barriers facing first nations, Inuit and Métis peoples.

The United Nations Declaration on the Rights of Indigenous Peoples is an international human rights instrument that affirms the rights that constitute the minimum standards for the survival, dignity and well-being of indigenous peoples. It includes 46 articles that affirm a broad range of collective and individual rights, including rights related to self-determination and self-government; equality and non-discrimination; culture, language and identity; lands, territories and resources; and treaty rights, among others.

The declaration also recognizes that the situation of indigenous peoples varies from region to region and country to country. As such, it provides flexibility to ensure rights are recognized, protected and implemented in a manner that reflects the unique circumstances of indigenous peoples across Canada. This means that implementation of the rights it describes must respond to the specific and unique circumstances in Canada.

In Canada, both the Truth and Reconciliation Commission in 2015 and the National Inquiry into Missing and Murdered Indigenous Women and Girls in 2018 called upon governments in Canada to fully adopt and implement the UN declaration in partnership with indigenous peoples. We heard these calls, and in 2016 the Government of Canada endorsed the declaration without qualification and committed to its full and effective implementation.

We have been making significant progress on the implementation of the declaration on a policy base. While we have done this, Bill C-15 would create a legislated, durable framework requiring government to work collaboratively with indigenous peoples to make steady progress in implementing the declaration across all areas of federal responsibility. This reflects the sustained transformative work that the Truth and Reconciliation Commission and so many others have repeatedly told us is required to truly advance reconciliation in Canada.

Some of the declaration's principles are already included in several Canadian laws, policies and programs, such as section 35 of the Constitution Act, 1982, the provisions of the Canadian Charter of Rights and Freedoms on the right to equality, and the protections against discrimination in the Canadian Human Rights Act.

Working within Canada's legal framework, the Government of Canada has also taken measures to better reflect the declaration in federal policy and legislation, such as the recent initiative, An Act respecting First Nations, Inuit and Métis children, youth and families, and the Indigenous Languages Act. Bill C-15 represents another important step forward. By working in co-operation and partnership with indigenous peoples, we are creating new opportunities to dismantle colonial structures, establish strong, lasting relationships, close socio-economic gaps, and promote greater prosperity for indigenous peoples and all Canadians.

I would like to turn now to the key elements of Bill C-15.

The bill makes a number of important statements in the preamble by acknowledging the importance of the declaration as a framework for reconciliation, healing and peace; recognizing inherent rights; acknowledging the importance of respecting treaties and agreements; and emphasizing the need to take diversity across and among indigenous peoples into account in implementing the legislation.

The preamble also specifically recognizes that international human rights instruments, such as the declaration, can be used as tools to interpret Canadian law. This means that the human rights standards they outline can provide relevant and persuasive guidance to officials and courts. While this does not mean that international instruments can be used to override Canadian laws, it does mean that we can look to the declaration to inform the process of developing or amending laws and as part of interpreting and applying them. This principle is further reflected in section 4, which affirms the Government of Canada's commitment to uphold the rights of indigenous peoples and the declaration as a universal human rights instrument with application in Canadian law. Together, the objective of these acknowledgements is to recognize existing legal principles and not give the declaration itself direct legal effect in Canada.

The bill also includes specific obligations intended to provide a framework for implementing the declaration over time. By requiring the Government of Canada to, first, take measures to align federal law with the declaration in clause 5; second, to develop an action plan in consultation and co-operation with indigenous peoples in clause 6; and third, to report to Parliament annually on progress in clause 7, Bill C-15 proposes a clear pathway to stronger, more resilient relationships between the government and indigenous peoples.

Bill C-15 would also contribute to our efforts to address discrimination, socio-economic disparities and other challenges on which we continue to make progress. By mandating a collaborative process for developing a concrete action plan on these and other human rights priorities, we should see an improvement in trust and a decrease in recourse to the courts to resolve disputes over the rights of indigenous peoples.

I would now like to talk about how Bill C-15 was developed. This bill was the result of our collaboration and consultation over the last several months with indigenous rights holders, leaders and organizations. Using the former private member's bill, Bill C-262, as a starting point in these discussions, we worked closely with the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis National Council.

We also received valuable input from modern treaty and self-governing nations, rights holders, indigenous youth, and regional and national indigenous organizations, including organizations representing indigenous women, two-spirit and gender-diverse people.

All of this feedback helped shape this proposed legislation, and we thank everyone who participated. We also held talks with the provincial and territorial governments, as well as with stakeholders from the natural resources sector.

These discussions were enriched by the contributions of indigenous representatives and provided an opportunity to learn about many of the efforts and initiatives already under way in the provinces and territories, and in various natural resource sectors, to further engage indigenous communities, create partnerships and lasting relationships, and work collaboratively to support responsible economic development that includes indigenous peoples.

People always say that young people are our best hope for the future. There is a lot of truth in that, and we held a virtual roundtable with indigenous youth to ensure that their perspectives and their vision of the future were included in the process.

First nations, Inuit and Métis youth from across the country shared their views on the bill and their priorities for the implementation of the UN Declaration on the Rights of Indigenous Peoples. I am grateful that they took the opportunity to ask me many difficult questions.

Looking back on that event, it is clear to me that young indigenous people have a vision for a better Canada. This stems from the vision of the future that they have for their nation and their people. They see a future in which strong, self-determined indigenous peoples thrive and are connected to the land and culture.

Young indigenous people see a future in which indigenous-Crown relations are truly nation-to-nation, reflecting equality and respect, and not colonial attitudes.

Clearly, we still have a long way to go together to build that better future. However, it is also clear that Bill C-15 will enable us to harness the full potential of the declaration in building that better Canada.

To this end, and consistent with this government's mandate commitment, Bill C-15 builds on the core elements of former Private Member's Bill C-262 including the requirement to align federal laws with the declaration over time, develop and implement an action plan in consultation and cooperation with indigenous peoples, and report to Parliament on progress annually. However, our recent engagement process led to a number of key enhancements. In addition to new language in the preamble highlighting the contributions the declaration can make to reconciliation, to sustainable development, and to responding to prejudice and discrimination, the addition of a purpose clause and more detail with respect to the development of an action plan and annual reporting requirements build on and enhance what was set out in Bill C-262.

Over the course of our engagement, we heard some questions about the scope of Bill C-15 and the concerns that it might create economic uncertainty. Let me be clear: Bill C-15 would impose obligations on the federal government to align our laws with the declaration over time and to take actions within our areas of responsibility to implement the declaration, in consultation and cooperation with indigenous peoples. It would not impose obligations on other levels of government. However, we know that the declaration touches on many areas that go beyond federal jurisdiction. The preamble, therefore, recognizes that provincial, territorial, municipal and indigenous governments have and would continue to take actions within their own areas of authority that can contribute to the implementation of the declaration. Our goal is not to get in the way of good ideas and effective local action, but to look for opportunities to work collaboratively on shared priorities and in ways that are complementary.

The declaration and, by extension, the legislation provides a human rights-based framework for the development of the relationships required to support the effective exercise of the indigenous peoples' right to self-government and self-determination. The exercise of these rights contributes in turn to creating more prosperous, resilient and self-reliant communities.

Arising from the right to self-determination, “free, prior and informed consent”, as it appears in various articles of the declaration, refers specifically to the importance of meaningful participation of indigenous peoples, through their own mechanisms, in decisions and processes affecting them, their rights and their community.

Free, prior and informed consent is a way of working together to establish a consensus through dialogue and other means and of enabling indigenous peoples to meaningfully influence decision-making.

Free, prior and informed consent does not constitute veto power over the government's decision-making process. After all, human rights and the resulting obligations and duties, particularly those provided for in the declaration, are not absolute.

The declaration states that indigenous peoples have individual and collective rights equal to those of other peoples. That means that the provisions of the declaration, including those that refer to free, prior and informed consent, must be taken in context. Different initiatives will have different impacts on the rights of indigenous peoples and will require different types of approaches.

Thus, free, prior and informed consent could require different processes or new creative ways of working together to ensure meaningful and effective participation in decision-making.

If passed, this bill will not change Canada's existing duty to consult with indigenous peoples or the other consultation and participation requirements under other legislation such as the new Impact Assessment Act. As also explained in section 2, it would not diminish constitutional protection of the indigenous and treaty rights recognized and affirmed in section 35.

The bill would inform the government on how it plans to phase in its legal obligations in the future. In addition, the bill would do so in a way that would provide greater clarity and foster greater certainty over time for indigenous groups and all Canadians.

When indigenous peoples have a seat at the table for decisions that may affect their communities, we are respecting their rights and encouraging stronger economic development and outcomes. As we work to implement the declaration federally and to support indigenous peoples' inherent right to self-determination, we will help develop a stronger, more sustainable and predictable path for indigenous peoples, the Government of Canada and industry. We are ready to work with all levels of government, with indigenous peoples and other sectors of society to achieve the declaration's goals.

I would now like to turn to the road map this bill would lay out for the future. If passed, the bill would require the Government of Canada to develop an action plan in consultation and co-operation with first nations, Inuit and Métis to ensure that we achieve the objectives of the declaration. I believe the additional details included in Bill C-15 with respect to the action plan are very important. Indeed, the action plan is a central pillar of this legislation.

As outlined in clause 6 of the bill, developing and implementing the action plan would mean working together to address injustices, combat prejudice and eliminate all forms of violence and discrimination, including systemic discrimination, against indigenous peoples, including all forms of racism against indigenous peoples; promote respect and mutual understanding as well as good relations, including through human rights education; and measures related to monitoring oversight, recourse or remedy and other accountability with respect to the implementation of the declaration, and include measures for the review and amendment of the action plan.

Some have also wondered why this bill is being introduced right in the middle of a global pandemic.

We know that racism and discrimination have not stopped during the pandemic. On the contrary, COVID-19 exacerbated many existing inequalities and hit many people particularly hard, including indigenous people and Black or racialized Canadians. We must not delay efforts to make Canada more just, inclusive and resilient.

Bill C-15 could help structure discussions on addressing the inequalities and discrimination against indigenous peoples, which are the root cause of these many vulnerabilities.

There will be many benefits as we work together to identify new measures to reflect the rights and objectives in the declaration. Through the process, we will continue to renew and strengthen the nation-to-nation, Inuit, Crown and government-to-government relations; better respect and implement the individual and collective rights of indigenous peoples; build on the momentum to increase the ability of indigenous peoples to exercise their right of self-determination; support indigenous peoples as they restore and strengthen their governance systems and reconstitute their nations as they collectively address the impacts of colonialization and as we create a framework that will help increase clarity and certainty in the long term with respect to the rights of indigenous peoples and their implementation.

The bill would provide a road map for generational and transformational work, including how to support, while also getting out of the way of, indigenous self-determination.

I thank the leadership that has helped develop this and for the consultations that are continuing. I am happy now to answer any questions in this regard. I am proud to support the bill.

Business of the House

[Pablo Rodriguez, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I thank my colleague. I am pleased to have the Thursday question. It allows me to talk to him, which is increasingly rare these days.

To answer his question directly, tomorrow we will resume debate at second reading of Bill C-10, an act to amend the Broadcasting Act.

When we return from our constituency week on February 16, we will resume consideration of Bill C-14, an act to implement certain provisions of the economic statement. It is absolutely vital that we pass it quickly.

Wednesday, we will begin second reading of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which is also referred to as UNDRIP.

Thursday, February 18 shall be an allotted day.

On Friday, we will start second reading debate of Bill C-13 concerning single event sport betting, as well as Bill C-19, which would provide for temporary rules to ensure the safe administration of an election in the context of the COVID-19 pandemic.

I hope all our colleagues have an excellent week working in their ridings.

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

Thank you, Mr. Chair.

I thank Madame Normandin for her intervention. I note the work that the Bloc has done on UNDRIP, and we're hoping to get the support of the Bloc as we move Bill C-15 through the House and this committee.

Without getting into a prolonged constitutional discussion, I just want to put on the record the importance of having this work within Bill C-8, the term “Constitution Act, 1982”. It is very important in the sense that it recognizes some very specific rights of indigenous people, defined in section 35.

Bill C-8 is a document that had consultation through a number of different indigenous organizations and peoples, and we believe it's an important outlet to reaffirm the importance of the Constitution and the constitutional rights of indigenous peoples as enshrined therein.

I will probably stop there. We are going to be opposing the amendment, and while we appreciate the suggestions put forward by Ms. Normandin, I do think it's an important element to incorporate into a citizenship oath.

Climate Change Accountability Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I would like to start by congratulating my colleague, the member for Avignon—La Mitis—Matane—Matapédia, for putting forward her first private member's bill, Bill C-215.

The climate emergency is the greatest existential threat of our time, and we are running out of time. Executive director Inger Andersen of the UN Environment Programme stated, “The science is clear that if we keep exploiting wildlife and destroying our ecosystems, then we can expect to see a steady stream of these diseases jumping from animals to humans in the years ahead.” There is a direct correlation between the climate emergency and the current pandemic in which we find ourselves. She went on to say, “To prevent future outbreaks, we must become much more deliberate about protecting our natural environment.”

It is clear that climate accountability and climate action are essential to preventing future pandemics. It is clear that without acting on this emergency, we will increasingly experience food and water insecurity, income crises, conflict and, even further, global conflict. The infinite cost of climate change will continue to rise unless we act now.

The climate emergency poses a serious threat to our environment, economy, health and safety. At the forefront of this issue are indigenous peoples. The government has even acknowledged that. In fact, a preamble paragraph in Bill C-15 states:

Whereas the implementation of the Declaration can contribute to supporting sustainable development and responding to growing concerns relating to climate change and its impacts on Indigenous peoples

This is in reference to the full adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

The impacts of this crisis are already being felt in Canada, particularly in the Arctic and along our beautiful coasts. It is disproportionately impacting indigenous nations, rural communities and marginalized and racialized communities. This is what we call environmental racism. Indigenous and northern communities, farmers, food producers and others have been sounding alarms about the impact of climate change on ecosystems, but this has fallen on the deaf ears of consecutive Liberal and Conservative governments, which have failed in their duty to protect our beautiful mother earth.

We know that the climate emergency is now impacting our food security, and indigenous people across our lands are among the most impacted. It is disrupting traditional ways of life and food security, especially in remote northern communities, where the climate is warming at a much faster rate, which is impacting traditional food sources.

Not only that, when we take away people's sustenance, we force them to find other ways to acquire food. We force remote communities to rely on expensive imported food alternatives, leaving individuals to afford only the unhealthy food options. This has a negative impact on health, so it is not surprising that there is a correlation between physical wellness and the impacts of the climate emergency.

In addition, it goes beyond just climate to include the kind of violence and the increased rates of violence against indigenous women and girls that come as a result of resource extraction projects that bring workers into our communities. They are perpetrating violence against indigenous women and girls, a crisis that was confirmed in the National Inquiry into Missing and Murdered Indigenous Women and Girls. We need to act now to respond to the calls for justice.

Indigenous people have experienced the greatest impacts of the climate emergency, so it is not surprising that many indigenous peoples from across this country, even as we speak in the House today, are on the front lines to fight against the climate emergency.

Reconciliation and fundamental indigenous rights, the rights that are articulated in the United Nations Declaration on the Rights of Indigenous Peoples, go hand in hand with environmental justice. With all due respect to my colleague, the fact that she did not even mention the United Nations Declaration on the Rights of Indigenous Peoples in her bill is shocking.

Not only that, but I think we see the impacts of climate change on emotional health, particularly the emotional health of young people who are fighting to keep our world healthy. People are tired of governments committing to targets and then missing them again and again. We are running out of time to turn things around.

With Bill C-12, we will not be on track to meet our international climate obligations. We need an action plan that honours our international climate commitments and obligations. We need a plan that addresses the urgency of the climate emergency.

Although the current government proposed Bill C-12, the Canadian net-zero emissions accountability act, it is not consistent with agreements we have made with the international community. For example, there is no target for 2025 and there are no real accountability measures for the next 10 years, even though we know the next decade will be the most critical.

The accountability mechanisms, including the advisory committee, are weak and rely on the environment commissioner, whose office is already underfunded. We will not achieve climate justice without accountability, so it was surprising to me that although there are many good parts in the bill, the accountability measures put far too much power in the hands of ministers, who have a history of destroying our environment and not taking environmental stewardship seriously.

The NDP has a long history of pushing for greater accountability of government for its actions to fight climate change. I put forward, for example, Bill C-232, which provided a clear accountability framework and called on the federal government to take all measures necessary to address the climate emergency. For the first time, a piece of legislation pushed forward a clean, safe and healthy environment as a human right that would be enshrined in law with the federal environmental bill of rights.

We have other examples, such as Linda Duncan, Jack Layton and Megan Leslie.

We need to work together to push forward a bold climate agenda. We are running out of time.

[Cynthia Wesley-Esquimaux, Chair, Governing Circle, National Centre for Truth and Reconciliation]

Thank you.

Ahneen. Good evening. My name is Cynthia Wesley-Esquimaux. I am the chair of the National Centre for Truth and Reconciliation governing circle and an honorary witness for the Truth and Reconciliation Commission. I'm also a proud member and resident of the Chippewas of Georgina Island First Nation in Lake Simcoe, Ontario. Together with the Chippewas of Beausoleil and Rama and the Mississaugas of Alderville, Curve Lake, Hiawatha and Scugog Island, we are signatories to the pre-Confederation 1923 Williams Treaties, signed throughout the 18th and 19th centuries, which covered lands in different parts of south central Ontario.

First, I would like to acknowledge that I am also speaking to you from the original lands of the Chippewa. I want to thank the House of Commons Standing Committee on Indigenous and Northern Affairs for inviting the centre to appear in order to contribute to your study of Bill C-8, an act to amend the Citizenship Act. This is an important initiative, one that will breathe life into one of the recommendations of the Truth and Reconciliation Commission of Canada as set out in its call to action number 94.

The National Centre for Truth and Reconciliation would like to thank the Honourable Ahmed Hussen for sponsoring Bill C-99 on this matter and the Honourable Marco Mendicino for sponsoring Bill C-8 and its predecessor, Bill C-6. We encourage all parliamentarians to ensure that Bill C-8 receives royal assent during this parliamentary session. We applaud the effort to be more inclusive as a society, as part of the very act of welcoming people to become citizens of our country. This addition to the citizenship oath, one which “recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples”, is in the true spirit of reconciliation.

At second reading of this bill, Minister Mendicino stated that at the time of the publication of the Truth and Reconciliation Commission report, too few Canadians knew about the tragedy of residential schools. He also noted, “Our government firmly believes that we must acknowledge the injustices of the past and envision a new relationship based on the inherent rights of indigenous peoples.” We agree, and note that considerable progress has been made towards creating awareness, developing a new relationship, and recognizing the rights of first nations, Inuit and Métis peoples as contained in section 35 of the Canadian Constitution. Indeed, much progress has been made in recognizing and upholding the international human rights of indigenous peoples.

The Truth and Reconciliation Commission called the United Nations Declaration on the Rights of Indigenous Peoples the “framework for reconciliation”, as it supports the development of new relationships as described by Minister Mendicino, relationships based on co-operation and mutual understanding, as well as recognition and respect for the human rights of indigenous peoples.

In this regard, we would like to express to the federal government our support and appreciation for the introduction of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which was co-developed with first nations, Inuit and the Métis nation. Bill C-15 is itself a symbol of reconciliation and a new approach to the relationship. It is complementary to the aim of Bill C-8, to recognize and affirm “the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples”.

There is so much that we hope new citizens and all Canadians will understand about the history and relationship with indigenous peoples. This is why the Truth and Reconciliation Commission recommended that the information kit for newcomers and the citizenship test be amended to reflect a more inclusive history of the indigenous peoples of Canada, including information about aboriginal rights, treaties and the history of residential schools. Although Bill C-8 does not address needed changes to the information kit, we do hope this complementary policy action to support the intent of call to action number 94 will be undertaken by the Government of Canada. This type of education and awareness building is important work, as has already been stated.

It is important for newcomers to have an understanding of the laws of Canada, including the Constitution, which recognizes and affirms the aboriginal and treaty rights of first nations, Inuit and Métis peoples. We need to build societal understanding about the rich, diverse and vibrant cultures and histories of the indigenous peoples in Canada. I myself have dedicated my life to building bridges of understanding among individuals and peoples. I see endless merit in bringing people from diverse cultures, ages and backgrounds together to engage in practical dialogue. I remain deeply committed to public education and youth engagement from all cultures and backgrounds, and spend a considerable amount of time throughout the year delivering those kinds of educational processes to people across the country.

The National Centre for Truth and Reconciliation was established because of a shared vision held by those affected by the residential school system in Canada to create a safe place of learning and dialogue where the truths of their experiences are honoured and kept safe for future generations. They wanted their families, communities and all of Canada to learn from these hard lessons so that they would not be repeated. They wanted to share the wisdom of the elders and traditional knowledge-keepers on how to create just and peaceful relationships amongst diverse peoples. They knew that reconciliation is not only about the past; it is also about the future that all Canadians will forge together.

Bill C-8 is an important part of this journey we take together to create a brighter future for all Canadians.

The National Centre for Truth and Reconciliation and its governing circle stand ready to support the government's reconciliation [Technical difficulty—Editor].

Meegwetch.

[Chief Tyrone McNeil]

I will respond in the context of Bill C-15. Quite often we're educating everybody, including commercial and recreational fishers, on our rights, for example, regarding Sparrow. The federal government should be assisting us in that role, because if it's first nations standing alone, like on the east coast, you're going to get that racist attack by the public, but if we have the federal government standing with us, with an understanding of what our rights are, and moving that forward, bringing our local rights to bear, we could actually bring the province in with a similar conversation.

We could have a tripartite agreement between British Columbia first nations and the federal government in a collective, positive, forward-looking way, as opposed to being reactive to an uneducated public later on down the road, which is so harmful. Let's educate them collaboratively.

Climate Emergency Action Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, my bill provides a consultation framework so that any climate emergency action framework would be developed in direct consultation with civil society and indigenous peoples. It would not be directed by the minister, but by people on the ground.

It also has very clear accountability measures that are consistent with what we heard with respect to Bill C-15 yesterday.

As well, it meets the new minimum human rights requirements outlined in the United Nations Declaration on the Rights of Indigenous Peoples that any legislation has to be compliant with.

[Leah Gazan, NDP, Winnipeg Centre, MB]

moved that Bill C-232, An Act respecting a Climate Emergency Action Framework, be read the second time and referred to a committee.

Mr. Speaker, I would like to share how honoured I am to be here today to share my first private member's bill as a member of Parliament. It is a very exciting day, for sure.

Close to 50 years ago, in 1972, the first international meeting on the environment took place where member states adopted the Stockholm declaration, which affirmed our responsibility to protect the environment for future generations. It is 2020. We have failed. We have failed in upholding this commitment and we now find ourselves in a climate crisis combined with a human rights crisis in our failure to recognize a clean, healthy and safe environment as a human right, something that has been recognized by 156 out of 193 member states.

Canada is far behind in the world in taking bold actions against the climate emergency. This climate emergency is threatening everything we know and value. Wildfires, flooding and extreme weather are worsening. The futures of our children's and grandchildren's lives are on the line. All life is now on the line and everything depends now on the actions we take.

The Canadian Paediatric Society indicates that children are among the most vulnerable to the health impacts of the climate crisis. Young people also report frequent experiences with anxiety related to their fears around the climate emergency. The reality is that this anxiety is based in fact. We are running out of time to turn things around.

Canada has not met a single climate target it has set. Young people, indigenous peoples and civil society groups want action and accountability from our government. The impacts of the climate crisis are already being felt in Canada, particularly in the Arctic and along the coasts, disproportionately impacting indigenous nations, rural communities and communities composed of people from marginalized and racialized groups.

The climate emergency has significantly impacted and destroyed the traditional territories of indigenous people, in turn, impacting livelihoods. This was noted by the current UN Special Rapporteur on human rights and the environment, as released in a report outlining how the lack of legal right to a healthy environment had a direct impact on indigenous peoples and racialized communities in Canada.

We are witnessing around the country that individuals, indigenous nations and young people want real action to address the climate crisis. I know our party, the New Democratic Party, shares this concern. This cannot be achieved without the recognition and respect of the fundamental human rights of indigenous peoples as affirmed in the United Nations Declaration on the Rights of Indigenous Peoples.

Canada's nation-to-nation relationship with indigenous peoples must be respected. There is no reconciliation in the absence of justice and this bill would be a step toward climate justice and upholding human rights, particularly with indigenous people, something the current Prime Minister indicated was the “most important relationship”.

People are tired of words. We are faced with the biggest existential threat, and yet we have a government that continues to fail to act, and continues to willfully violate the human rights of indigenous peoples on its own watch. There is no reconciliation in the absence of justice, and that also includes climate justice.

Moreover, indigenous women are experiencing the most direct impacts of the climate emergency. Their interests must be specifically considered under article 22 of the UN Declaration on the Rights of Indigenous Peoples, which states:

Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.

It also states that:

States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

It is important to note that the National Inquiry into Missing and Murdered Indigenous Women and Girls found that a direct correlation existed between an influx of transient workers, those who arrived mostly in isolated towns and cities from elsewhere to work in mines or industries like oil and gas, and hydro, and higher rates of sexual assault, harassment, STIs and human trafficking. A right to a healthy environment and human rights of women and girls is always interconnected. We are sisters, mothers, aunties and grandmothers. Our bodies and our lives are sacred, like our Mother Earth. The life she provides needs to be honoured, just like our women, girls, sisters, aunties and grandmothers who continue to face unimaginable violence for the purpose of economic gain. We are sacred beings.

In addition to women, girls and transgender people, indigenous peoples are among the most impacted by the climate emergency, which includes the disruption of traditional ways of life and food security, especially in the north, which is warming up at a much faster rate. This has given rise to higher costs for imported food alternatives, leaving individuals able to afford only unhealthy food options, which contributes to greater food insecurity and negative impacts on health. Indigenous people in Canada are among the lowest contributors to greenhouse gas emissions in the country, yet research indicates that they are the most impacted by the climate crisis.

Indigenous peoples have experienced the impacts of the climate crisis for generations and are most often the ones on the front lines fighting to protect our Mother Earth. I have joined them on those front lines. We must respect indigenous science and knowledge that provides a complex understanding about how to address the climate crisis, which is why it informs the development framework of Bill C-232.

Yesterday I was really happy to see the government introduce Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which is why I am especially pleased to rise today to present my private member's Bill C-232, an act respecting a climate emergency action framework, the first test of the government's commitment to upholding the human rights articulated in the United Nations Declaration on the Rights of Indigenous Peoples.

Bill C-15 requires that all new legislation from this House be consistent with the United Nations Declaration on the Rights of Indigenous Peoples. I am very proud to say that Bill C-232 is consistent with the United Nations Declaration on the Rights of Indigenous Peoples, a bill that supports the development of a made-in-Canada, green, new deal that ensures that Canada takes all measures necessary to respect its commitments under the convention on climate change to reduce greenhouse gas emissions, and that it does so while fully complying with the United Nations Declaration on the Rights of Indigenous Peoples.

We have international commitments, as well, to fight the climate emergency and uphold human rights, and this includes the UN Convention on Climate Change, the Paris Agreement and the United Nations Declaration on the Rights of Indigenous Peoples. I cannot say that too many times.

This bill upholds these international agreements and recognizes the right of all Canadians to a safe, clean, healthy environment as a human right. There is widespread consensus that human rights norms apply to environmental issues, including the right to a safe, clean, healthy and sustainable environment. In fact, more than 100 countries in the world have recognized this human right in their legislation or Constitution, and it is time for Canada to follow their lead.

The Parliament of Canada has recognized that we are in a climate emergency, so the fact that the Liberal government fails to appropriately react and continues to put forth plans that will not allow us to meet climate targets needs to end. Bill C-232 calls on the Government of Canada to take all measures necessary to mitigate the impacts of the climate emergency and provides a framework to achieve a made-in-Canada, green, new deal with accountability and transparency measures to hold the government to account.

This framework would save lives and mitigate the impacts of the climate emergency on public health, the natural environment and on the economy while upholding, lifting up human rights. If the government is serious about Bill C-15, and I do hope it is, supporting this bill would be an act of good faith and a first attempt by the government to demonstrate that it is serious in its commitment to adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples.

It is time we begin divesting from fossil fuels and reinvesting in a green economy that brings workers along, increases employment in the green energy sector, and increases investment in green infrastructure and housing in respect of human rights. Bill C-232 provides the critical framework for this transformation to achieve the transformative climate action legislation.

We are running out of time. We must act now. Our ability to survive depends on what we do now.

Indigenous Affairs

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, yesterday our government tabled important legislation on the implementation of the Declaration on the Rights of Indigenous Peoples. Built upon the former Bill C-262, this bill aims to protect and promote indigenous rights, including the right to self-determination and self-government, equality and non-discrimination.

Would the Parliamentary Secretary to the Minister of Justice update the House on the foundations of Bill C-15 and its ability to serve as a framework to advance reconciliation with indigenous peoples?

Rights of Indigenous Peoples

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, today I congratulate the work of all indigenous and grassroots leaders across these lands, faith groups, human rights advocates and thousands of people who fought for the adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Bill C-15 is the result of decades of work by people who I walked side by side with. We wrote, gathered, rallied and published, fighting for human rights. These include Anna Collins, Grand Chief Wilton Littlechild, Dr. Ted Moses, Steve Heinrichs, Jennifer Preston, Jennifer Henry, Cathy Moore-Thiessen, Charlie Wright, Mary Ellen Turpel- Lafond, Tina Keeper, Denise Savoie, Paul Joffe, Ellen Gabriel, the member of Parliament for Scarborough—Rouge Park, my partner Romeo Saganash, who introduced Bill C-262, and so many others.

I look forward to this piece of legislation being passed to ensure that all indigenous people in Canada have their fundamental human rights upheld. It is always a good day for human rights.