United Nations Declaration on the Rights of Indigenous Peoples Act

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

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-262 (42nd Parliament, 1st session) United Nations Declaration on the Rights of Indigenous Peoples Act
C-641 (41st Parliament, 2nd session) United Nations Declaration on the Rights of Indigenous Peoples Act
C-469 (41st Parliament, 2nd session) Declaration on the Rights of Indigenous Peoples Act
C-469 (41st Parliament, 1st session) Declaration on the Rights of Indigenous Peoples Act
C-328 (40th Parliament, 3rd session) Declaration on the Rights of Indigenous Peoples Act
C-328 (40th Parliament, 2nd session) Declaration on the Rights of Indigenous Peoples Act
C-569 (39th Parliament, 2nd session) Declaration on the Rights of Indigenous Peoples Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-15s:

C-15 (2022) Law Appropriation Act No. 5, 2021-22
C-15 (2020) Law Canada Emergency Student Benefit Act
C-15 (2016) Law Budget Implementation Act, 2016, No. 1.
C-15 (2013) Law Northwest Territories Devolution Act
C-15 (2011) Law Strengthening Military Justice in the Defence of Canada Act
C-15 (2010) Nuclear Liability and Compensation Act

Votes

May 25, 2021 Passed 3rd reading and adoption of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples
May 14, 2021 Passed Time allocation for Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples
April 19, 2021 Passed 2nd reading of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples
April 15, 2021 Passed Time allocation for Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 12th, 2021 / 6:10 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

I must unfortunately interrupt the member.

Resuming debate, the hon. member for Winnipeg Centre.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 12th, 2021 / 6:10 p.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

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.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 12th, 2021 / 6:30 p.m.

Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Madam Speaker, I listened attentively to my friend's comments. I know she has been working diligently over the last several years, not only on Bill C-262, but also on Bill C-15.

Much discussion has taken place with respect to FPIC. I would like to get a sense from my friend opposite of her views on it, and whether it constitutes a veto, or whether that is a strategy being used to deflect the real aspects of Bill C-15. I would ask her to comment with respect to her experience in engaging with other indigenous leaders and communities on the perspective of FPIC.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 12th, 2021 / 6:35 p.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it is almost like a hamster wheel. I hear this debate go on and on. This bill does not in any way imply that there is a veto. A veto is an absolute concept in law, whereas free, prior and informed consent requires one to consider all the facts and the law in any given circumstance and situation.

I would agree with the testimony we heard at committee from Mary Ellen Turpel-Lafond when she said that hysteria has been created around FPIC that is not based on legal fact, has no legal merit and certainly does not form any part of Bill C-15. I hope, moving forward, we can accept this.

The House resumed from May 12 consideration of the motion that Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, be read the third time and passed.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:30 p.m.

Milton Ontario

Liberal

Adam van Koeverden LiberalParliamentary Secretary to the Minister of Diversity and Inclusion and Youth and to the Minister of Canadian Heritage (Sport)

Madam Speaker, I will be sharing my time with my friend and colleague, the member for Oakville North—Burlington.

Today, I am speaking to members from the traditional territory of the Haudenosaunee, Attawandaron, Anishinabe, Huron-Wendat, and most recently, the Mississaugas of the New Credit First Nation.

I would also like to acknowledge that I arrived here as an athlete. An Inuit invention, the kayak, was originally built and invented for transportation and hunting. I got to use it for sport, and I am very grateful for that.

Just over 10 years ago, Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples. Then, in 2019, the Prime Minister made a commitment to introduce legislation on its implementation before the end of 2020, and here we are today at its third reading in the House.

I wish to begin by acknowledging all of the hard work, especially the significant role that indigenous leaders from Canada, like Willie Littlechild, have played in the development of the declaration itself over the last 25 years. It is a lifetime of indigenous advocacy and tireless efforts championing indigenous and human rights that have brought us to this important milestone today.

Bill C-15 is a turning point. For far too long, and despite robust constitutional and legal protections, indigenous rights have not been fully respected. While progress continues to be made, it has been slow and grave harms have continued to occur, including to indigenous women and girls.

We have a responsibility, as a country, to recognize and respect the rights of indigenous peoples, to uphold the protections that are part of the fabric of our nation, and that as a government we take steps to ensure that those rights are reflected and considered when we make new laws or introduce new policies. We must work together with indigenous peoples to build our relationship and seek to avoid lengthy court cases whenever we can. No less important is for all of us, as Canadians, to understand why this is relevant for us, to our lives, and to debunk myths and misconceptions so that we can move forward inclusively with values that ensure dignity and respect for all.

Indigenous rights are not new rights. However, the declaration acknowledges and affirms the rights of indigenous peoples. Implementing the declaration is about respecting human rights. The Truth and Reconciliation Commission called upon the Government of Canada to fully adopt and implement the declaration as the framework for reconciliation. Bill C-15 responds to call to action 43 to do just that.

The action plan that is required under Bill C-15 to be developed in consultation and co-operation with indigenous peoples will also respond to the call to action 44. This call to action requires the Government of Canada to develop a national action plan, strategies and other concrete measures to achieve the goals of the declaration.

Development of an action plan will require broad and in-depth engagement with indigenous partners across the country to discuss their various priorities. Bill C-15 sets out minimum requirements for what the action plan must address. These elements of the legislation were included in direct response to what was heard consistently throughout the fall 2020 engagement process with indigenous partners. These measures are focused on three areas.

First are measures to address injustices, combatting prejudice and eliminating all forms of violence and discrimination, including systemic discrimination against indigenous peoples, indigenous elders, youth, children, women, men, persons with disabilities, gender-diverse persons and two-spirit persons. I would note that the Standing Committee on Indigenous and Northern Affairs, of which I am a proud member and contributor, has unanimously adopted an important amendment to this provision, which is the addition of a specific reference to racism and systemic racism. The addition acknowledges that while there are linkages between discrimination and racism, there are specific harms and legacies in relation to racism that need to be identified and addressed. The Government of Canada wants to make its position clear that it will stand against racism and work toward eradicating it wherever it exists.

Second, the plan must also contain measures promoting mutual respect and understanding as well as good relations, including through human rights education.

Third are measures relating to monitoring, oversight, recourse or remedy, or other accountability measures that will need to be developed with respect to the implementation of the declaration. During one of our committee studies, a second amendment to clause 6 was adopted relating to the time frame associated with the development of the action plan.

Throughout engagement, and again through the committee process, we heard from indigenous peoples on the need to reduce the three-year maximum time frame to a shorter one. As a result, we did just that, bringing it down to a maximum of two years to reinforce the Government of Canada's commitment to work with indigenous peoples from coast to coast to coast to elaborate how to turn commitments into action and to achieve the objectives of the declaration.

These are minimum requirements of the action plan. We recognize while we need to include measures for reviewing and amending the plan, this initial phase is the beginning of a process, one that will continue to evolve over time in partnership with indigenous peoples.

In terms of implementation of the declaration, this is a whole-of-government responsibility. Bill C-15 implicates all federal ministers in the development and implementation of an action plan, as it should. Reconciliation is not the responsibility of a single minister or government department. Bringing about meaningful change requires action from all areas of government.

This government's Speech from the Throne and ministerial mandate letters have made it clear the path to reconciliation requires everyone's participation. Achieving the objectives of the declaration and further aligning federal laws with the declaration will take time. However, we are not starting from scratch and we are not sitting idle while we wait for the development of an action plan.

The Government of Canada has taken concrete measures to advance its relationship with indigenous peoples in a way that aligns with the principles set out in the declaration. This includes areas such as enabling self-determination and self-government through the recognition and implementation of rights, the establishment of permanent bilateral mechanisms to jointly identify priorities with indigenous leaders and an increased indigenous participation in decision-making on socio-economic and land matters, to name a few.

As of May 2020, there were nine federal laws that refer to and were created within the spirit of the declaration. They include laws regarding indigenous languages, indigenous child and family services, and indigenous participation in environmental impact assessments and other regulatory processes. We know much more work is required with indigenous peoples to ensure federal laws more fully protect and promote the rights of indigenous peoples.

The COVID-19 pandemic has exacerbated the ongoing health, food security, housing, economic, governance, policing and other vulnerabilities and gaps that continue to impact indigenous peoples and communities. We are working hard to create new opportunities to turn the page on a colonial structure and build stronger and lasting relationships, close socio-economic gaps and promote greater prosperity for indigenous peoples and all Canadians.

Over the past months, we engaged closely with national indigenous organizations and heard from modern treaty and self-governing nations, rights holders, indigenous youth, and national and regional indigenous organizations, including those representing indigenous women and two-spirit and LGBTQ2+ peoples on the proposed legislation. The feedback we received has shaped the development of the legislative proposal.

Bill C-15 now includes an acknowledgement of the ongoing need to respect and promote the inherent rights of indigenous peoples, a respect for gender diversity, the importance of respecting treaties and agreements and the need to take distinctions into account while implementing the legislation, including with elders, youth, children, persons with disabilities, women, men, gender-diverse and two-spirit persons.

What is needed is a fundamental and foundational change. It is about respecting indigenous rights and respecting diversity. It is about righting historical wrongs. It is about shedding our colonial past. It is about writing the next chapter together, as partners, and building meaningful relationships and trust in that process.

This will not happen overnight, but we must take the necessary steps along that path, starting with implementing Bill C-15. I look forward to the journey we take to get there. It has been a sincere honour and privilege to serve on this committee with my colleagues.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Before we go to questions and comments, I want to inform the House that because of the proceedings on the time allocation motion, Government Orders will be extended by 30 minutes.

Questions and comments, the hon. member for Sherwood Park—Fort Saskatchewan.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:40 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, to my colleague, and following up on questions that were asked to the justice minister, he at one time referred to this bill as amounting to a reset. I am struggling to find out, particularly in the context of free, prior and informed consent, what the change would actually be.

In Canadian law right now, there is a duty to consult. The minister's description of FPIC sounds like a lot like a rehashing of the existing legal duty to consult. He talks about FPIC including engaging with indigenous communities from the beginning, including their perspectives and ensuring they are heard. That is, as I understand it, the existing legal duty to consult.

The government tells us FPIC is not a veto. It is also telling us this bill is a reset of some kind. It is ostensibly something more than the existing duty to consult, but it is not a veto, so in what way does FPIC differ from the existing duty to consult?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:40 p.m.

Liberal

Adam van Koeverden Liberal Milton, ON

Madam Speaker, the language around what FPIC was and how it greatly differs from a veto was debated thoroughly in committee. In fact, it does not bear any similarity to a veto. We are talking about a deep level of consultation and a deeper level of participation and involvement. The member used the term “free, prior and informed consent”, which is absolutely important, but the duty to consult does not require the duty to involve, the duty to ensure participation, the duty to fully listen and listen actively. It is a collaboration and a partnership.

That is part of shedding our colonial past and moving forward in partnership without this age-old paternalistic approach that has left people out of the conversation and out of important decisions.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:45 p.m.

Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, we have heard a lot about how Bill C-15 could potentially affect Quebec and its ability to make sovereign decisions. I would like to hear my colleague's thoughts on how Bill C-15 is connected to Quebec sovereignty.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:45 p.m.

Liberal

Adam van Koeverden Liberal Milton, ON

Madam Speaker, I thank my colleague for her question and for her participation in the committee.

We are talking about full participation in decisions that have a great impact on indigenous people. This is not about the many nations that exist in Canada. This bill does not have great implications on Quebec's sovereignty. It is absolutely enshrined in Canada's Constitution, as it should be. This is about fairness and full participation. UNDRIP is a globally recognized step in the right direction toward truth and reconciliation and it is the right path forward.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:45 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, one of the proudest moments of my parliamentary career was my vote in favour of Bill C-262 at third reading in the last Parliament. COVID-19 has demonstrated that the federal government is able to move quite quickly to address urgent situations with massive financial resources. We saw the hundreds of billions of dollars that were made available in very short order as liquidity supports for banks.

What I want to know from the parliamentary secretary is whether the Government of Canada will commit the same level of urgency to this bill when it receives royal assent so that indigenous peoples across Canada, who have been waiting for hundreds of years for this important step, can have confidence that this receives the same amount of attention as supports that were given for COVID-19.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:45 p.m.

Liberal

Adam van Koeverden Liberal Milton, ON

Madam Speaker, I too feel a great sense of pride and obligation in working on this bill. I wish I had been around to vote for Bill C-262. Fortunately, we have the opportunity to move forward on this. This bill will, indeed, require multi-party support. I look forward to supporting this bill with my colleague and further discussing the urgency when there is more time.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:45 p.m.

Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Indigenous Services

Madam Speaker, kwe, kwe. Ulaakut. Tansi. Hello. Bonjour.

I would like to acknowledge that I am speaking from the traditional territory of the Mississaugas of the Credit first nation from my home in Oakville and my riding of Oakville North—Burlington.

I am happy to speak today on this proposed legislation as it represents a critical step forward on the path to reconciliation. This legislation has been strengthened through extensive engagement and consultation with indigenous peoples at every step in its development. I believe the greatest strength of Bill C-15's development was the input of indigenous peoples from coast to coast to coast, which positively shaped the bill. Collaborating with indigenous partners through the engagement process has been pivotal in ensuring that we get it right.

As members know, the legislation is based on Romeo Saganash's private members' bill, Bill C-262. Mr. Saganash was the first parliamentary champion to endorse The United Nations Declaration on the Rights of Indigenous Peoples, often referred to as UNDRIP, and we all owe him a debt of gratitude.

A consultation draft of this bill was shared during engagement sessions to seek feedback from indigenous organizations in order to improve and amend the draft. During engagement, the government received contributions from many groups. In total, over 700 virtual sessions took place. They included sessions with national and regional indigenous organizations, indigenous rights holders, modern treaty and self-governing nations, as well as with women, youth, two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual plus persons.

This included regional engagement sessions where more than 450 people participated providing feedback and advice on potential enhancements to the consultation draft. Provincial and territorial governments, experts and industry stakeholders also informed the development of the bill.

We heard consistent calls to include strong language in the preamble on the need to consider the diversity of indigenous peoples; recognize inherent rights and respect treaties; include a reference to the historic and ongoing injustices and discrimination suffered by indigenous peoples and marginalized groups; acknowledge the role of the declaration as a framework for reconciliation, justice, healing and peace; and address systemic racism and discrimination.

We also heard consistent calls to consider the importance of educating Canadians to ensure that indigenous rights are understood and valued; recognize the right of self-determination and self-government as vital, and that the need for a strong distinctions-based approach throughout the legislation is essential; emphasize the importance of respecting article 37, which outlines respect of treaty rights, self-government agreements and other constructive agreements, and is important for modern treaty partners; not interfere with work under way at regional and provincial levels; and include references to climate change and sustainable development.

Because of this valuable feedback, the bill includes strong language in the preamble on the need to consider the diversity of indigenous peoples, recognize inherent rights and respect treaties. I should point out that all Canadians have access to this wealth of ideas and input. We have produced the “What We Learned” report, which is publicly available on the Canada website.

Engagement with partners did not stop when the bill was introduced. Ministers, their offices and the departments have been meeting extensively with indigenous partners and other stakeholders since introduction, and they will continue to do so throughout the parliamentary process. We learned from indigenous partners that there was much consensus around further suggested changes to the bill, including legislation that has been further improved by amendments as it was making its way through Parliament.

As an example, Bill C-15 required the development of the initial action plan as soon as possible and set a maximum three-year timeline. Based on feedback from indigenous partners during engagement sessions, the bill has now been amended to shorten the maximum timeline to a period of two years instead of three years for the development of the action plan in consultation and co-operation with indigenous peoples.

We recognize that collaboration with first nations, Inuit and Métis partners takes time, but it should proceed with purpose. Bill C-15 now includes language from the declaration emphasizing that all doctrines, policies and practices based on racist or discriminatory notions are racist, scientifically false, legally invalid, morally condemnable and socially unjust. An important amendment will modernize our laws by making specific reference to the fact that Canadian courts have stated that aboriginal and treaty rights are not frozen in time. Instead, they are capable of growth and evolution.

Most recently, we heard from the national indigenous organizations and indigenous women's organization at the Standing Committee on Indigenous and Northern Affairs. They stressed the urgency of passing this legislation, and I would like to share some of their testimony today in the House.

The president of the Women of the Métis Nation, Melanie Omeniho, said:

Elders and representatives from across the Métis motherland have noted that this historic piece of legislation, if implemented according to its spirit and intent, could have the transformative power of an indigenous bill of rights. Bill C-15, the proposed UNDRIP act, represents a once-in-a-lifetime opportunity to reset both the scales of justice and the balance of power so that indigenous women, children and two-spirit and gender-diverse people are protected, safe and free.

The Pauktuutit Inuit Women of Canada vice-president Gerri Sharpe said:

Bill C-15 is a step forward for Inuit women and all Canadians on the journey towards reconciliation. It is important because it states that Inuit women will have the right to participate in decision-making in matters that affect them; the right to improvement of economic and social conditions including education, housing, health, employment and social security; the right to the highest attainable standard of physical and mental health; and the same rights and freedoms guaranteed to Inuit men.

Inuit Tapiriit Kanatami president Natan Obed said:

Bill C-15...is very focused on two particular concepts: one, the alignment of laws and policies within this country with the UN declaration; and two, the creation of an action plan.... Indigenous peoples' rights are human rights. This is a class of human rights that needs this particular legislation, and we do hope that Canadians accept the rights of indigenous peoples as human rights in this country.

Native Women's Association of Canada president Lorraine Whitman said:

UNDRIP is about us, our families, our communities, the thousands of pages of the national inquiry testimony and its calls for justice. Specifically, call to action 1.3 demands that government end the political marginalization of indigenous women.

David Chartrand of the Métis Nation Council said:

...change is coming and UNDRIP is another pathway that's going to really let us play catch-up so that indigenous and non-indigenous people can compare economically, educationally and so forth. It's about catching up. We're slowly catching up, which is something we should have done 50 years ago or 80 years ago.

If approved by Parliament, the bill will also require the Government of Canada, in consultation and co-operation with indigenous peoples, to take all measures necessary to ensure the laws of Canada are consistent with the declaration, prepare and implement an action plan to achieve the declaration's objectives and table an annual report. Co-development of the action plan will also be a further opportunity to work in close partnership on implementation.

We are ushering in a new era in which we build stronger and lasting relationships, close socio-economic gaps and promote greater prosperity for indigenous peoples and all Canadians. Together we are building a brighter future and a better Canada for today, tomorrow and into our shared future. That is why this legislation is so crucial. Built by extensive indigenous input and strengthened by committee amendments, Bill C-15 must now become the law of the land.

To conclude, I would like to affirm the words of AFN Chief Perry Bellegarde, who said, “We need to seize this moment and not miss the opportunity to get Bill C-15 passed. It is a road map to reconciliation.”

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

May 14th, 2021 / 12:55 p.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, I too believe that the rights articulated in this bill are long overdue in being recognized in our laws.

The former justice minister has rightly characterized this as a small step forward and the most important work is going to be on the implementation side. Given how long it has taken to get to this point, as this bill has been introduced not two, but three times now, how can indigenous Canadians be assured and trust the government will implement these rights in a timely way?