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.

National Strategy to Redress Environmental Racism Act

[Patrick Weiler, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Madam Speaker, over the course of our nation's history, polluting projects have disproportionately been situated in areas adjacent to indigenous and racialized populations, which has led to increased impacts to human health in those communities. This is a reality that we need to confront, as Canadians, to become a more equitable society. I thank my colleague from Cumberland—Colchester for tabling Bill C-230, an act respecting the development of a national strategy to redress environmental racism, which follows similar acts she advocated for as an MLA in Nova Scotia.

Environmental racism is characterized by the disproportionate exposure of communities of colour to pollution and its associated effects on health and the environment, as well as the unequal environmental protection and environmental quality provided through laws, regulations, governmental programs, enforcement and policies.

Recently, the issue of environmental racism in Canada was emphasized by the United Nations special rapporteur on toxics and human rights, who visited Canada in 2019 to report on the prevalence of environmental and health discrimination faced by indigenous and marginalized groups.

Ultimately, he concluded that a pattern exists in Canada in which marginalized groups, and indigenous people in particular, find themselves on the wrong side of a toxic divide and subject to conditions that would not be acceptable elsewhere in Canada. This is the crux of the problem that we face.

In Canada, this environmental injustice for indigenous and racialized peoples stems in part from our history of colonialism: the lack of diverse representation in decision-making roles, the marginalization of racialized voices, income inequality and the general blind eye that our system over our history turned to negative externalities such as pollution.

Communities of colour, particularly poor communities, have been seen as attractive sites for industrial facilities and other developments that impact the proximate populace because they were seen as cost-effective and efficient. For example, when a decision is made to situate a landfill in a particular location, the surrounding population that has the ability to move, does. However, those who are already at a disadvantage in society, and who do not have the capacity to oppose such projects, are forced to live alongside pollutants that may impact their health and their surrounding environment.

Environmental inequality is not relegated to decisions of where to site projects alone. Consequences for environmental violations are not uniform. In my home province of British Columbia, the maximum penalties for dumping garbage or waste on Crown land currently have upper limits of $2,000 or $1 million, while the maximum penalty for dumping garbage or waste on Indian reserves is only $100.

In my community, the North Shore Sewage Treatment Plant has sat on the Squamish Nation's Capilano Reserve for the last 55 years. Known for emitting fumes, especially on hot summer days, the plant is situated metres away from the Squamish Nation community despite waste management facilities generating emissions that may be hazardous to human health.

Now, with the help of federal and provincial funding, construction of the new Lions Gate Secondary Wastewater Treatment Plant is under way. It will be relocated from the Squamish Nation Reserve to a location in the District of North Vancouver owned by Metro Vancouver. The new treatment plant is being constructed with 100% odour containment, and the old facility's land will be returned to the Squamish Nation for it to redevelop as it sees fit.

The reconstruction of the wastewater treatment plant will not only relieve residents of foul odours, but will also provide the north shore with cleaner water and a healthier ecosystem because, while the current plant only removes 50% of organic matter and 70% of suspended solids, the upgraded plant will ensure the elimination of 90% of all waste prior to the sewage entering the sea.

The neighbouring Tsleil-Waututh Nation is hopeful that the upgraded plant will help reduce contamination in shellfish harvesting areas both in Burrard Inlet and in Indian Arm. The North Shore Wastewater Treatment Plant serves not only as an excellent example of what redressing environmental harm can look like, but also as an example of how varied and extensive the impacts of toxic exposure can be for indigenous and racialized communities, with a sewage plant directly impacting the air of one nation and the food supply of another.

Elsewhere in Canada, approximately 90% of Grassy Narrows residents currently suffer from mercury poisoning as a result of Dryden Chemicals dumping mercury into the English-Wabigoon River system between 1962 and 1970. As a result of the dumping, all commercial fishing in the river system has been banned: the fish were shown to contain mercury levels 10 to 50 times higher than in other areas. As such, the Grassy Narrows Nation was not only subjected to severe mercury poisoning, but also to the elimination of the community's main source of income. Despite this clear environmental injustice, it took 50 years for the government to provide the people of Grassy Narrows with an effective remedy.

Another compounding issue is that despite greater exposure levels to hazardous substances, indigenous and racialized peoples have been shown to face further discrimination in health care. As an example, 62% of Grassy Narrows First Nation members living on reserve report barriers to health care. While in many examples we have a painful legacy of environmental racism, our legal frameworks are evolving over time to mitigate the risk of future such examples occurring.

For instance, the Impact Assessment Act, which became law in 2019 and replaced the Canadian Environmental Assessment Act, 2012, greatly increased the standard of public participation and transparency in environmental assessment. It became easier for the public to formally participate in assessments. It introduced a pre-assessment planning phase in which the public could participate to address clear issues such as project siting before the assessment in full began. It greatly enhances the consultation and accommodation process with affected first nations by requiring that this begin in the planning phase. It also incorporates traditional knowledge and creates the conditions for indigenous-led assessments.

In addition, with the introduction of Bill C-15, which if passed would implement the United Nations Declaration on the Rights of Indigenous Peoples into federal law, we would take further holistic action on reconciliation. Notably, this would also address environmental racism, as UNDRIP affirms that indigenous peoples have the right to conservation and protection of the environment.

Most importantly, the Canadian Environmental Protection Act, or CEPA, is the main piece of legislation we have in Canada to ensure that we protect the environment and human health. However, this legislation has not been substantially updated in over two decades. The Standing Committee on Environment and Sustainable Development studied CEPA and delivered a comprehensive report. Among the recommendations were that the government should recognize the right to a healthy environment. It mentioned the importance of considering vulnerable populations and risk assessments, and of developing legally binding and enforceable national standards for drinking water in consultation with provinces, territories, indigenous peoples, stakeholders and the public.

I look forward to the introduction of a reformed CEPA in due course. If we follow through on these and other suggestions made by the committee, we would go a long way toward addressing future environmental racism in Canada, but there will surely be gaps that remain after all this is done, which is why the bill that we are discussing today is so important in further studying and uncovering where these gaps may lie. The bill would require the Minister of Environment and Climate Change to collect information about the locations of environmental hazards and information about the negative health outcomes in affected communities, ensuring that the public and the government are informed and aware of the dangers associated with hazardous sites.

The minister would also be required to examine the link between race, socio-economic status and environmental risk, thus examining how race and socio-economic status expose indigenous and other racialized communities to contamination and pollution.

Furthermore, Environment and Climate Change Canada would be required to develop a strategy to address environmental racism and to provide regular reports to Parliament on its progress. Bill C-230 would ensure that there is a routine assessment of the extent to which environmental laws are administered and enforced in each province and would promote efforts to amend federal laws, policies and programs in order to address environmental racism.

To conclude, I believe that this bill will make progress on issues of both environment and equity. I will be voting in favour of sending it to be studied further at committee. At this stage, we can involve the voices of provinces, territories, rights holders and stakeholders from right across the country in its deliberation and to further strengthen it. I invite my colleagues from across this House to do the same.

Indigenous Affairs

[David Lametti, Liberal, Minister of Justice]

Mr. Speaker, our government remains firmly committed to implementing Bill C-15, which would ensure that indigenous rights are considered when reviewing and updating federal laws that affect those rights. At core, this is a human rights issue. It is about protecting the rights to self-determination, self-government, equality and non-discrimination. This bill is a major step forward in our reconciliation journey. We support it wholeheartedly. It remains one of our top priorities and we will see this through.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, the Prime Minister talks a lot about how the government's relationship with indigenous peoples is the most important one. The Liberals talk about it during elections, they talk about it after they are elected, and they talked about it when they introduced legislation on UNDRIP, Bill C-15. However, that bill was introduced three months ago and we have only had two hours of debate, with no further debate scheduled. What is going on? It is almost like the Liberals do not want this bill to pass. If this relationship is really the government's most important one, when will the Liberals stop talking and get to work proving their words?

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.

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.

COVID-19 Vaccine

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, like my hon. colleague, I too am losing faith in the government.

However, he spoke about indigenous communities, and I just want to remind him part of the reason we are in this crisis in indigenous communities is because of willful human rights violations, lack of access to clean drinking water and housing. Every time the United Nations Declaration on the Rights of Indigenous Peoples is put forward, including with Bill C-262, Conservatives vote against it.

If Conservative members are concerned about the health and welfare of all people living on Turtle Island, I am wondering if the member will support Bill C-15 and fully support the adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

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.