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.

United Nations Declaration on the Rights of Indigenous Peoples Act

[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, 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 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.

Indigenous Affairs

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, we take very seriously the issues that relate to indigenous reconciliation and UNDRIP.

We thank the member opposite for her contributions to this matter in her previous role as minister of justice. The government stood behind Romeo Saganash's private member's bill in the last Parliament. It is unfortunate that it did not secure passage at that time due to Conservative opposition in the Senate.

That is why we have tabled Bill C-15, why we are working with opposition parties to secure the passage of Bill C-15, and why we are very keen to have UNDRIP see the light of day and achieve royal assent.

[Jody Wilson-Raybould, Independent, Vancouver Granville, BC]

Madam Speaker, speaking to the UNDRIP legislation today, the justice minister said that if Bill C-262 had not been delayed in the last Parliament, the government would be working on an action plan for its implementation.

Let us not kid ourselves. The fact is the government delayed the important work of true reconciliation due to political expediency. There have been over five years of promises, and very little action on rights recognition.

Bill C-15 is a small first step. Will the government stop making excuses, do its work, get its own house in order and change its laws, policies and operational practices to ensure indigenous peoples can be self-determining?

Bill C-15—Time Allocation Motion

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, it is high time that we passed Bill C-15.

First nations peoples are human beings, and that is precisely what Bill C-15 says. As human beings, they must enjoy the same rights as all other human beings. This is 2021, and it is about time that was acknowledged and implemented.

However, it is not right for parliamentarians, who represent the people, to be denied the right to speak to and discuss these issues.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Crown-Indigenous Relations]

Madam Speaker, I would like to thank the minister for his hard work on Bill C-15 and for getting it to this point. I want to ask him about the amendments made by committee and his comments with respect to going forward. Does he believe they strengthened the bill and is he satisfied with the amendments made at the committee stage?

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, I just want to comment on the fact that the government cannot even manage its own legislative agenda properly. That is why we are in this situation today.

The government introduced Bill C-19 rather than prioritizing Bill C-15, and yet the Liberals claim they do not want an election. This government prorogued Parliament last summer, when we could have used that time to work faster and more responsibly.

I would just like to point out to the minister that there seems to be a real leadership problem when it comes to the government's legislative agenda.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Madam Speaker, the reason why we are here is because of the general dilatory tactics of the member's party on every single matter that comes up in front of the House. We can recall the fall economic statement, which got more debate time than a budget. The Conservatives keep throwing up tactic after tactic to delay debate, which has forced our hand.

I would imagine the hon. member was here in the last session and would remember the high-fiving of certain Conservative members who voted against Romeo Saganash's bill. That is not reconciliation; Bill C-15 is reconciliation.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I am torn on this matter and I am going to be very candid with the minister. I am rarely less than decisive. I fully support the United Nations Declaration on the Rights of Indigenous Peoples, but the process by which we come to this place has left indigenous communities, first nations, Métis and Inuit, divided on the matter. The right path, the right way to vote, is not at all clear to me, and it certainly is the case that we cannot wait any longer to take the steps we need to take for reconciliation.

There are a number of very significant first nations policy analysts and a number of legal analysts who are on both sides, and of first nations themselves that say they were not consulted in the development of Bill C-15. It is therefore really important that we hear the different perspectives and we ask the hon. minister if he does not regret that there was—

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I thank my colleague for this morning's debate, which will be very short.

As the critic for the status of women, I would have liked to see the government have the same sense of urgency when it came to applying the recommendations of the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls as it did this morning for Bill C-15.

How much time has been spent so far debating a document as important as Bill C-15? I will give the House just one guess: barely an hour and 43 minutes and the minister is already imposing time allocation.

Does the minister think that one hour and 43 minutes is enough time to debate this important issue? What about the time allocation on Bill C-19, prorogation of Parliament and obstruction in committee? This government behaves like a majority government when voters gave it a minority mandate.

[David Lametti, Liberal, LaSalle—Émard—Verdun, QC]

Madam Speaker, I thank my hon. colleague for her question.

The answer is no. This is a priority for the government, for indigenous peoples, and for indigenous leaders across the country.

The fact is, we have already covered this. We have already debated the substance of Bill C-15 because we debated its previous iteration, Bill C-262, which was introduced by our former colleague, Romeo Saganash. The previous Parliament passed that bill after a debate to which the Bloc Québécois contributed its opinion.

The United Nations Declaration on the Rights of Indigenous Peoples itself has been around for 15 years, so it is not new.

[Mona Fortier, Liberal, Minister of Middle Class Prosperity and Associate Minister of Finance]

moved:

That, in relation to Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, not more than one further sitting day shall be allotted to the consideration of the third reading stage of the bill; and

That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the third reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

Bill C-15—Notice of time allocation motion

[Mary Ng, Liberal, Minister of Small Business]

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the third reading stage of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the House

[Pablo Rodriguez, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I thank my colleague and friend for his good question, which gives me the opportunity to inform members of the House about what to expect over the next few days.

This afternoon, we will continue debate on the Bloc Québécois opposition motion.

Tomorrow, we will resume debate at third reading stage of Bill C-15 on the United Nations Declaration on the Rights of Indigenous Peoples.

Pursuant to Standing Order 81(4), I would like to designate Wednesday, May 26 for consideration in a committee of the whole of the main estimates for the Department of Finance.

Monday, May 31 will be for the Department of Foreign Affairs, Trade and Development.

As my dear colleague mentioned, next week we will be in our constituencies so I wish everyone an excellent week. I look forward to seeing everyone for the last period of five consecutive weeks.