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.

(The House divided on the motion, which was agreed to on the following division:)

Vote #117

United Nations Declaration on the Rights of Indigenous Peoples Act

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

I declare the motion carried.

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.

[Adam van Koeverden, Liberal, Parliamentary 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 be 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.

[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.

[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?

[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.

[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.

[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.

[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.

[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.

[Pam Damoff, Liberal, Parliamentary 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.”

[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?

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Madam Speaker, as the hon. member knows, it was not because of the government that the bill did not pass the last time. In fact, we voted for it. I was in the last Parliament when we supported Mr. Saganash's private member's bill. Sadly, Conservative senators held up that bill so it could not get passed.

This is certainly not the end; it is indeed the beginning of a journey. We are committed to ensuring that UNDRIP is implemented, and I do not think the government can be blamed for Conservative senators holding up a piece of legislation. We certainly supported the bill, and we did everything we could to get it passed, but it was unfortunately held up in the Senate.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I thank my colleague for her speech on this important bill, Bill C-15. This is 2021. It is about time that we recognized and complied with the United Nations Declaration on the Rights of Indigenous Peoples.

I hope to see meaningful action, such as the implementation of the recommendations from the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

How does my colleague envision the federal government working with Quebec and the provinces to implement this act?