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.

Second reading

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I rise on a point of order. I hate to interrupt the member, but I believe she forgot to indicate that she is splitting her time with the member for Beaches—East York.

[Yvonne Jones, Liberal, Labrador, NL]

Madam Speaker, I thank the my colleague for being so diligent in his responsibilities. I am sharing my time with my colleague from Beaches—East York.

I want to emphasize that we are enshrining this in legislation. It is an opportunity for renewed relationships in our country. The declaration itself, despite the naysayers out there, will help all of us chart a clear and more predictable path forward for the future.

Some people have questions, and we are hearing a lot of them today. There are some fears associated with clauses of the bill that speak to free, prior and informed consent and how this would be interpreted in the Canadian context, including the relationship to land, natural resources development, other developments and how it affects indigenous people.

Free, prior and informed consent is one of the key elements, one that we have probably heard more about than any other within the declaration. As one of my colleagues said a short time ago, it is grounded in self-determination. That is the piece we cannot forget. It is really about respectful two-way dialogue and the meaningful participation of indigenous peoples in decisions that affect them, their communities, their territories and the future generations of their people.

Implementation of the declaration can really help contribute to sustainable development and resource development and it affirms the range of indigenous rights and related protections that are relevant when it comes to natural resources, lands, territories and resources.

As I said earlier, I grew up in Labrador, where I speak from today, where we still have unsettled land claims with the federal government. I am part of the southern Labrador Inuit and the NunatuKavut Community Council, whose rights have, to date, not been affirmed by the Government of Canada in land claims and settlements. That is not good enough, in my mind. The colonial system under which we and many indigenous peoples have operated has prejudiced them in access to their own lands and having the opportunity to have a final say, a real say, in what happens.

In my riding today, Nunatsiavut is a territory with settled land claims. It got to settle those land claims because nickel was discovered in Voisey's Bay and because a large corporation had a resource deposit. That became the catalyst to settle land claims with the northern Inuit people of Labrador. If that had not materialized, they would probably still be at the table today fighting for what is their inherent right: to have full declaration in what happens within their lands and territory.

The land claims agreement with Nunatsiavut Inuit in northern Labrador is one of the most historic claims in Canada next to the one with the Cree. It is a landmark agreement. It is really what UNDRIP is speaking to today with the inclusion of the Inuit people in ensuring they have free, prior and informed consent. That mining operation went forward. It employs nearly 90% indigenous people. It is contributing to a community, but it was done through co-operation, through dialogue, through a two-way agreement on how to move forward.

When I attended my first United Nations permanent forum on indigenous rights with the Minister of Crown-Indigenous Relations back in 2016, she stood at the United Nations that day and affirmed Canada's support for UNDRIP for the first time in our history. It was a very proud moment for me to know that Canada could see this through the eyes of indigenous people and the rest of the world with respect to its importance and what needed to happen with regard to UNDRIP. Bringing it to where it is today has been, in my opinion, an absolute win for Canada and indigenous people. A lot of work still needs to be done, but as an indigenous person, there is nothing to fear here.

Our great country was built on consensus and co-operation. We are reaffirming and including indigenous people in the opportunity to have real say and opportunity within their own lands. Who would ever want to deny that or deny the indigenous rights and reconciliation within Canada?

I really believe getting to where we are today has not only involved indigenous participation and engagement, but also the natural resource sectors, corporations and people who have a vested interest in lands and indigenous lands across Canada. They know sustainable development comes with co-operation. It comes with working together and having a partnership with indigenous communities.

It means we build capacity, look at real benefit agreements, joint management and profit-sharing operations. That is where we are with companies like Vale today, which has been successful in Inuit lands and many others. There are models out there that have worked, but they worked because they were forced to the table, not because there was willing participation, in many cases. That is what is going to change here.

While industry leaders have invested time and energy into fostering many long-term relationships and building trust with indigenous groups, building an agreement that speaks to free, prior and informed consent, this bill asks for that and it would do that. There are many examples of that have already happened in Canada.

We have done outreach to many sectors, including the natural resources sector, of which I am a proud champion, including the mining industry. It is an industry that fits well for indigenous people, and we are the living proof of how that can work.

When I look at what is happening today, we might hear of the tremendous experiences and relationships that have been built between industry and indigenous people across many of these natural resource sectors and how they worked together in good faith and made every—

[The Assistant Deputy Speaker, Carol Hughes]

Unfortunately, the hon. member's time is up. She will be able to continue during questions and comments.

Questions and comments, the hon. member for Cowichan—Malahat—Langford.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, the member for Labrador, in her role as a parliamentary secretary, has been involved in the indigenous affairs file for quite some time. When we look at Bill C-15, it would make the government commit to an action plan.

When I speak to indigenous people in my riding of Cowichan—Malahat—Langford, the thing that comes up in conversation all the time is the Indian Act. We cannot talk about discrimination in our country without talking about the Indian Act.

With her experience on this file, could the member give the House some thoughts, and this is in the context of the Liberals having been in power now for five years, on what steps we take to get rid of the Indian Act? What are some of her thoughts on the process we need to start to fundamentally reform that colonial era legislation?

[Yvonne Jones, Liberal, Labrador, NL]

Madam Speaker, in all honesty, I would like to see us get rid of the Indian Act overnight, but I also know, in my role and in the knowledge I gained in this department, that it is not that simple. It is an evolving process. It is a process that will require many legislative changes going forward, but it also has to be replaced. It has to be replaced with something that is not racist, is not discriminatory and that really speaks to opportunity for indigenous people.

That is where we are today, and it is not the government's decision to do this arbitrarily. It has to be done in partnership with indigenous people and with Canadians. That is the stage we are at right now.

[Derek Sloan, Independent, Hastings—Lennox and Addington, ON]

Madam Speaker, I have a question with respect to free, prior and informed consent and also resource development. We know that in some cases on these large projects there may be the majority of indigenous communities, maybe even a super-majority of indigenous communities, that approve of a project but there may be a small group that does not.

In the creation of the bill, an amendment was put forward that explicitly clarified that free, prior and informed consent would not be considered an absolute veto. I wonder if the member thinks that free, prior and informed consent would give an absolute veto to any group even if a majority of other groups, for example, approved of a project.

[Yvonne Jones, Liberal, Labrador, NL]

Madam Speaker, this legislation is really there to guide a collaborative path forward. We cannot forget that. It is there to build a stronger relationship and provide greater predictability, as well as more certainty, over time. It encourages partnerships in the resources sector and includes industry and indigenous people working together.

It does not create any new obligations. It does not create any new obstacles. It does create a path toward respect and respecting the rights of indigenous people in this country.

To be honest, many corporations and most industry sectors are more than willing to walk that path because they understand it. They get it, and they know that it is not compromising their investments. In fact, it enhances what they are doing and ensures a fair and shared distribution of benefits to all people who are affected and involved.

The House resumed consideration of the motion 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.

United Nations Declaration on the Rights of Indigenous Peoples Act

[The Speaker, Anthony Rota]

I wish to inform the House that because of the deferred recorded division and the ministerial statements, Government Orders will be extended by another 40 minutes, for a total of 70 minutes.

The hon. Parliamentary Secretary to the Minister of Northern Affairs has one minute remaining in her debate, and then we will go to questions.

The hon. member's camera is off. We will move on.

Resuming debate, the hon. member for Beaches—East York.

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

Mr. Speaker, on behalf of Beaches—East York, I speak today in support of Bill C-15. I want to start by acknowledging the work of former NDP member Romeo Saganash. It really highlights how the importance of this issue cuts across party lines, and the significance of working across party lines to get important things done.

I have had many constituents reach out to me in support of implementing the United Nations Declaration on the Rights of Indigenous Peoples. Most, of course, email or write letters. Some call. Before the election in the last Parliament, when Bill C-262, Romeo Saganash's bill, was before us, I had a constituent, Murray Lumley, who came and met with me in my office and called on me to support that bill, which I did, and encouraged the government of the day to support it. Murray is a thoughtful, caring constituent. He did not vote for me; he worked against me, if I am being honest, in the last election, and I do not expect he will vote for me whenever the next election might be. However, I do want to highlight his efforts, all the same, just as I have highlighted Romeo's efforts. It is important that we emphasize just how this cuts across party lines and how all of us, regardless of political stripe, need to support this really important legislation.

When we work across party lines, we build trust. Another way we build trust in politics is by keeping our promises. I just want to highlight the platform that we ran on in the last election, which stated:

Canada’s Truth and Reconciliation Commission said that the UN Declaration on the Rights of Indigenous Peoples charts a path “for reconciliation to flourish in 21st century Canada.”...

We will move forward with introducing co-developed legislation to implement [UNDRIP] as government legislation by the end of 2020. In this work, we will ensure that this legislation fully respects the intent of the Declaration, and establishes Bill C-262 as the floor, rather than the ceiling, when it comes to drafting this new legislation.

That promise has been kept through Bill C-15, which was introduced in Parliament in December of last year.

In substance, Bill C-15 has a lengthy preamble, including that:

[UNDRIP] provides a framework for reconciliation, healing and peace, as well as harmonious and cooperative relations based on the principles of justice, democracy, respect for human rights, non-discrimination and good faith.... [They] constitute the minimum standards for the survival, dignity and well-being of Indigenous peoples of the world....

It recognizes “historic injustices” and says that “the implementation of the Declaration must include concrete measures to address injustices, combat prejudice and eliminate all forms of violence and discrimination, including systemic discrimination, against Indigenous peoples.”

In substance, clause 5 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.

Saganash rightly noted before committee that “the Minister of Justice [already] has an obligation under section 4.1 of the Department of Justice Act to make sure that any legislation, before it is introduced, is consistent with the Charter of Rights and Freedoms”, and he noted that Bill C-15 provides for an equivalent for indigenous rights and treaty rights in this country.

Clause 6 is the most important section in this legislation:

The Minister must, in consultation and cooperation with Indigenous peoples and with other federal ministers, prepare and implement an action plan to achieve the objectives of the Declaration.

This includes measures to “address injustices” and discrimination and to “promote mutual respect”; “measures related to monitoring, oversight, recourse or remedy” and accountability; and “measures related to monitoring the implementation of the plan” and annual reporting mechanisms to Parliament.

Bill C-15 does treat Bill C-262 as a floor, which is incredibly important. It goes beyond, in its preamble, and recognizes the inherent right to self-determination, including a right to self-government.

In the words of the justice minister:

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.

Is it supported by indigenous communities? Is it supported by experts? Is it supported by the above-noted Mr. Saganash? The answer is yes, an overwhelming yes. There is a letter in support of Bill C-15, with over 200 signatures from first nations, from indigenous communities across the country, organizations, experts and activists, including Saganash, Irwin Cotler, the current NDP member for Winnipeg Centre, and many others. I know that one of the signatories is also a constituent, Kerry Wilkins, who is an expert at the University of Toronto.

They write in this letter:

Parliament has an historic opportunity to advance reconciliation.

[UNDRIP] is a consensus global human rights instrument, elaborating minimum standards for the “survival, dignity and well-being of Indigenous peoples.” Implementation of these standards is vital to improving the lives of Indigenous peoples in Canada and around the world, and to upholding Canada's solemn and urgent human rights commitments.

They go on to note that the measures in Bill C-15 are “important, practical and achievable measures that deserve the support of all Canadians.”

Two of those signatories, Alex Neve, formerly of Amnesty International, and Brenda Gunn, wrote recently, and separately:

By any measure, implementing this global declaration domestically will significantly advance reconciliation and strengthen respect for the rights of Indigenous Peoples across the country. Not automatically. And not without much hard work ahead, such as the considerable effort—in full collaboration with First Nations, Inuit and Métis Peoples—that must be invested in developing the action plan for implementation that will be required.

They go on to note that it is important as a matter of global leadership and that it “stands to advance Canada's overall commitment to international human rights.”

Speaking recently to a parliamentary committee studying Bill C-15, Romeo Saganash stated:

I fully support Bill C-15 being tabled by the federal government in the House.... Government bills can proceed more efficiently, I believe, before the House and the Senate. Bill C-15 confirms the declaration as the minimum standards for the survival, dignity and well-being of indigenous peoples.

He goes on to note that there are some amendments he would like to see, but he supports Bill C-15 and acknowledges that it meets his previous bill's commitment in Bill C-262.

Former chair of the TRC and former senator Murray Sinclair said, “Indigenous people now will be able to negotiate with a stronger hand than they ever have in the past”.

The Assembly of First Nations said, “The AFN is urging all Parliamentarians to support adoption of a strong implementation framework before the close of this session of Parliament.”

The ITK calls for the strengthening of Bill C-15, but goes on to say that it strongly encourages all members of Parliament to support Bill C-15 in order to help advance the urgent work of implementing UNDRIP.

The Métis National Council stated:

Canada now has the opportunity to assert its place as a world leader in the recognition of the human rights of Indigenous Peoples through this Bill. The Métis National Council fully supports this effort, and we urge members of all political parties to pass this legislation without delay.

Sheryl Lightfoot, the Canada research chair in global indigenous rights and politics at UBC, stated:

I am strongly in favour of the implementation model that Romeo Saganash created when he first brought...Bill C-262 before Parliament. This model, which is the foundation for Bill C-15, has a number of elements that I think are crucial.

First of all, it requires collaboration with indigenous peoples. It also requires concrete action including legal reform and...the creation of an action plan, and it requires public reporting and accountabilities.

...Bill C-15 is advancing the global conversation and setting a very positive example....

Quite simply, Bill C-15 represents the best approach to human rights implementation that I have seen from around the world, bringing all of these various elements together.

I previously noted my constituent Kerry Wilkins, who states, “Meaningful incorporation of UNDRIP into Canadian law would improve materially the circumstances, and enhance the autonomy, of Indigenous peoples dwelling here.” He goes on to provide a couple of examples. I recognize I am running out of time, so I will not get into them, unless perhaps I get asked questions.

Of course, I expect the government will look for ways of improving the bill at committee. I hope to see further testimony at committee that addresses whether a three-year waiting period for the action plan is appropriate and, if it is, whether interim measures might be useful. I am also interested to understand from testimony why the bill does not include a section on power-sharing agreements in the same way B.C.'s UNDRIP implementation legislation does.

Finally, it is really important to emphasize that so much depends upon implementation, so there are big questions in that regard. This bill is important, but it is important in its potential. Let us pass it at second reading, send it to committee, improve it at committee where possible, and let us get back to the hard work of implementing this important international framework here at home.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, the member referenced quite a few quotes, so I would also like to reference a quote from Dale Swampy of the National Coalition of Chiefs, who writes in a special to the Financial Post:

While the affirmation of Indigenous rights is always welcome, the legislation as currently drafted 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 have spoken to a number of indigenous leaders and individuals across my constituency and across the country who have shared concern about some of the ambiguity and possible extra layers that would reduce economic opportunities for Canada's indigenous peoples. I would like the member to comment on that.

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

Mr. Speaker, there are a couple of different things.

One is that it is curious to me that we would get out ahead of ourselves to determine exactly how this would be implemented, because this is to be implemented in a very codeveloped way in collaboration and consultation with indigenous peoples across the country.

The second is that its incredibly important to note, because the Conservatives and that member have asked a number questions around certainty, that our Canadian law already says, with respect to the duty to consult, that it varies with the circumstances, from a minimum duty to discuss important decisions where the breach is less serious or relatively minor, through the significantly deeper than mere consultation that is require in most cases, to full consent of the aboriginal nation on very serious issues. These words apply as much to unresolved claims as to intrusions on settled claims.

Those are the words of our current Supreme Court. This notion of certainty has to be put to bed. We will get increased certainty through collaboration and consultation with indigenous people once and for all.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, I thank my colleague for his speech.

I applaud the tabling of the bill, but unfortunately it is a bit late coming. Our NDP colleagues have been introducing bills for the implementation of the United Nations declaration since 2007. The Liberal government has said many times that it is in favour of reconciliation with indigenous peoples. If that is what it wanted all along, why the lengthy delay in introducing this long-awaited bill?

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

Mr. Speaker, we supported Mr. Saganash's efforts in the last Parliament. I have supported every bill that has come before Parliament, so long as I have been in Parliament, in relation to the implementation of UNDRIP. Romeo Saganash's bill should have passed in the last Parliament but for the fact the Conservatives blocked it in the Senate. That is an unfortunate circumstance, but we are rectifying that in this Parliament through leadership from this government.

[Matthew Green, NDP, Hamilton Centre, ON]

Mr. Speaker, I thank the hon. member for the earnestness in which he has supported the previous work of the very great and learned Mr. Romeo Saganash, a friend and mentor of mine, who provided the framework here. However, the hon. member for the Bloc raises some important questions.

I have a question of my own. I heard the member speak about the ideas of consultation, collaboration and power sharing. There are concerns that the legal frameworks that are already in place have led to scenarios like what we are seeing in Wet'suwet'en and in 1492 Land Back near my home, the Haudenosaunee Confederacy territory. We are seeing these problems exist as well in the Mi'kmaq territory out east.

Does the hon. member have confidence in the government's commitment to actually having free, prior and informed consent for the collective rights-holders of these treaties?