Madam Speaker, it is an honour to rise today to speak to Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. I cannot reiterate strongly enough that this bill is long overdue.
Canada was built on the violent dispossession of the lands and resources of indigenous peoples. It is the kind of violence and genocide that we see perpetrated against indigenous women and girls, 2SLGBTQQIA individuals and sacred life-givers, including our mother earth and waters. We see a continuation of environmental destruction, supported by governments that violate human rights and continue to marginalize and oppress indigenous peoples on our own lands.
While big oil, big corporations and Canada benefit from resources, we continue to not even have our minimum human rights respected. The most minimum human right that anyone, indigenous or not, needs to have is joy. Our rights are constantly up for debate while corporations benefit.
I will be honest here today: There is no political party in this country that has not participated, or that does not continue to participate, in the violation of indigenous rights. Indigenous peoples on our very own lands are consistently and constantly a second thought, and our rights are often totally disregarded. This normalization of violating the rights of indigenous peoples needs to end. It is time that our very own Constitution is upheld, which includes aboriginal rights and title, along with the international legal obligations that Canada has signed onto.
We need to change this. We need to change the foundation of our relationship, which was built on human rights violations of indigenous peoples that were legislated through the Indian Act, and create a legal foundation that is grounded in a respect for human rights of all peoples, including indigenous peoples. We need the minimum human rights that are articulated in the United Nations Declaration on the Rights of Indigenous Peoples.
Although imperfect, I, along with our NDP team, believe that Bill C-15 is a step forward in upholding and protecting the fundamental human rights of indigenous peoples in Canada. As I mentioned, it is long overdue.
I will remind the House of what the General Assembly highlighted last December. It indicated that the declaration has “positively influenced the drafting of several constitutions and statutes at the national and local levels and contributed to the progressive development of international and national legal frameworks and policies.” In addition, it is also important to remember that the UN General Assembly has reaffirmed the UN Declaration on the Rights of Indigenous Peoples for the 10th time since its adoption by consensus. This means there is no country in the world that formally opposes the declaration.
After the second reading of Bill C-15, we undertook a study at committee, and we are reporting the bill today with amendments. I would like to take this opportunity to address some of these amendments.
First, as a legislator it is my legal obligation to be clear about the purpose or purposes of any legislation. As such, our party supported an amendment at committee to clarify that Bill C-15 had two purposes, which include to affirm the declaration as having application in Canadian law; and, second, to provide a framework for the implementation of the declaration.
This bill would not “Canadianize” the declaration, but confirms that United Nations Declaration on the Rights of Indigenous Peoples has application in Canadian law as affirmed in preambular paragraph 18, which reads, “Whereas the Declaration is affirmed as a source for the interpretation of Canadian law”, in addition to other legal frameworks which include indigenous law, the Constitution, international law and treaties with indigenous peoples.
This legal reality has been confirmed by the Supreme Court as early as 1987. Even the Canadian Human Rights Tribunal has heavily relied on provisions of the United Nations Declaration on the Rights of Indigenous Peoples in their rulings about the racial discrimination that first nations children face living on reserve.
The declaration, in fact, has provided a source for legal interpretation for courts and tribunals, and protection of children, families and communities. Our children need this legislative protection to ensure that they are able to thrive, not just survive, to ensure that children and families are afforded the legal protection to ensure they can live with dignity and human rights, especially with the current government who willfully violates their rights.
As former Chief Justice Dickson confirmed in 1987, “The various sources of international human rights law—declarations, covenants, conventions, judicial and quasi-judicial decisions of international tribunals, customary norms—must, in my opinion, be relevant and persuasive sources for interpretation of the Charter’s provisions.”
Another significant amendment to Bill C-15 I would like to highlight is the inclusion of the living tree doctrine in preambular paragraph 19. This is a critical amendment. The living tree doctrine recognizes that rights are not frozen in time and that rights and treaties need to evolve overtime as our nations evolve and circumstances change.
The living tree doctrine is an important constitutional principle, which has also been affirmed by the Supreme Court of Canada. An example I would like to highlight is that in the 2004 Same-sex Marriage Reference Case, the court emphasized that the Constitution was a “living tree” subject to “progressive interpretation”.
The Supreme Court in this case ruled as follows, “The 'frozen concepts' reasoning runs contrary to one of the most fundamental principles of Canadian constitutional interpretation: that our Constitution is a living tree which, by way of progressive interpretation, accommodates and addresses the realities of modern life.”
In the Hunter v. Southam Inc. case of 1984, the Supreme Court described the doctrine in the following way, “A constitution....is drafted with an eye to the future....It must, therefore, be capable of growth and development over time to meet new social, political and historical realities often unimagined by its framers.”
For example, the $5 given to treaty people during treaty days every year should have gone up with inflation. I would argue that it is not a symbolic act but an act of bad faith. Let us not forget Canada was built on the violent and ongoing genocide of indigenous peoples. This is why this amendment is so critical. We need legal tools to hold the government to account when it acts in bad faith.
Five dollars fails to take into consideration inflation or compensation owed for destroying lands, impairing our ability to participate in traditional forms of sustenance, perpetuating violence in our communities and leaving many unsheltered on our very own lands, while the masses and corporations continue to privilege off the human rights violations of indigenous peoples. This is gross privilege.
Since the time of invasion, our nations have gone through change, whether by choice or as a result of aggressive assimilation policies. This transformed our families and nations. However, although our colonizers set out to eradicate us, we are still here standing strong in the protection of our rights, the very rights that our ancestors put their lives on the line to protect.
We are still in this battle, whether it is in the courtroom or at the end of an RCMP sniper gun, as witnessed in Wet'suwet'en territory or at the military siege of Kanehsatake. We continue to stand strong. Now we see the very little land that has not been exploited is still under threat, and it makes us stand even stronger.
We will never concede our rights, and our rights evolve and change over time. These are indigenous lands, yet we still have to fight for crumbs against the disregard of our treaties and a lack of good faith by governments to respectfully interpret the meaning, intent, and letter of them. I have not forgotten, we have not forgotten and we will never ever forget.
This is also an important constitutional principle. It is why the new preambular paragraph 19 is so important. It states:
Whereas the protection of Aboriginal and treaty rights—recognized and affirmed by section 35 of the Constitution Act, 1982—is an underlying principle and value of the Constitution of Canada, and Canadian courts have stated that such rights are not frozen and are capable of evolution and growth
I would suggest, in this particular instance, that UNDRIP is a new political, historical and certainly legal reality that Bill C-15 is acknowledging. I must admit, however, that I would have preferred this addition to be in the operative articles of the bill. In fact, I believe that it belongs in the operative articles, as some have proposed. However, I also recognize that the preambular paragraphs have legal effect, as confirmed in article 13 of the federal Interpretation Act.
The last amendment I wish to speak to is the addition of systemic racism as one of the measures to combat injustice and human rights violations against indigenous peoples.
We have serious issues with systemic racism in this country, and we have witnessed examples that have cost lives. The many indigenous lives that have been lost at the hands of the police include Eishia Hudson, Jason Collins and Colten Boushie. There is also the late Joyce Echaquan, who lost her life trying to get assistance in a health care system that intimidated her, mocked her, disrespected her life and let her die under its care, as though her life was of no value, leaving her children without a mother and her partner widowed. In addition, there is a continued lack of action to address the ongoing genocide against indigenous women and girls, and we see a rapidly rising movement of white nationalism and a growing number of white supremacists around the world and right here in Canada. This is a critical amendment to Bill C-15.
We need to move forward in a manner that ensures that all indigenous people can live with dignity and human rights in Canada. We need to begin living up to our identity as a country that values and respects human rights. We need to model behaviours and decisions that actually reflect that. That is still not happening in Canada, as we are witnessing with the continued violation of indigenous rights because, although the rhetoric that we are all equal in Canada continues, there is still a very clear division between the oppressed and the oppressor. The Canadian government continues to perpetuate a relationship of violent settler neo-colonialism in real time.
There is still no action plan to address the ongoing violence against indigenous women and girls and 2SLGBTQQIA individuals, and it is two years late. There are 10 non-compliance orders to immediately end racial discrimination against first nations children on reserve. People have unequal access to health care and education. There is continued inaction and a mould crisis. There has been a failure to end all boil-water advisories on reserve, in spite of the Liberal promise to end this by 2021.
The number of children in care is more than at the height of the residential school system. We have the highest level of unsheltered individuals in this country as a result of the violent dispossession of lands that left many of us homeless on our own lands.
There continues to be violation of land rights, privileging corporations over upholding the human rights of indigenous peoples. These include, but are not limited to, Kanesatake, Site C, TMX, Keystone XL, Muskrat Falls, Wet'suwet'en territory, Baffinland Mary River Mine and 1492 Land Back Lane. There is a continuation of the violation of the Supreme Court ruling in the Mi’kmaq fishing dispute, more than two decades after that decision was made. We continue to see a violation of our constitutional and international legal obligations in this House, and we are obliged to uphold these as members of Parliament. The list goes on.
The violation of indigenous rights by the current Liberal government is not even limited to Canada, but is perpetuated globally. In fact, Toronto-based Justice and Corporate Accountability Project, a legal advocacy group, noted, “28 Canadian mining companies and their subsidiaries were linked to 44 deaths, 403 injuries, and 709 cases of criminalization, including arrests, detentions, and charges in Latin America between 2000 and 2015.”
A working group states, “The financial and political backing that the government of Canada has provided to its mining companies has been strengthened by the de facto conversion of its cooperation agencies into mining investment promotion bodies.”
This working group reported human rights violations by Canada against indigenous peoples related to mining in, but not limited to, Venezuela, Chile, Colombia, Mexico and Guatemala.
We are watching on the news and social media events unfolding right now in Sheikh Jarrah, and Canada is turning a blind eye to the ethnic cleansing. It is failing to uphold international legal obligations, and children and loved ones continue to die. That is another gross example of Canada and the privileged picking and choosing when to uphold human rights, which is when it suits economic interests and does not threaten power and privilege. This must change.
I share this because, although we are working toward passing a bill to affirm the application of the United Nations Declaration on the Rights of Indigenous Peoples into Canadian law, in addition to other legal frameworks including indigenous law, international law, our Constitution and treaties, we consistently fail to uphold rights.
We must move forward in a manner that upholds these human rights in Canada and around the world. Lives depend on this. We have moved beyond a time when rhetoric cuts it, and we know what the violation of rights looks like in real time. It is denying individuals of their right to live in dignity, sometimes resulting in death.
We need to change this. Lives are on the line. Although Bill C-15 is not perfect, it is a start, and it must be followed with action. It is only then that we will achieve justice. There is no reconciliation without justice.
