United Nations Declaration on the Rights of Indigenous Peoples Act

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

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

David Lametti  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

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

Votes

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

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:45 a.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, we keep hearing the blame game that the minister tries to put forward. I do not think anyone is buying it. We all know it is the government House leader who controls the House schedule and decides what we vote on.

The minister earlier alleged that the Conservatives keep bringing up the same things. Here is some new information that was brought forward since we last met. Treaty Six first nations chiefs utterly reject Bill C-15. That came out just a week or so ago. They are asking the government to begin a process of engagement with them. We have heard from elders from a number of first nations who wrote to us because they flatly reject and refuse to accept Bill C-15. Many others have been talking about it.

What does the government have to say to these indigenous communities and leaders? Why will the government not practise what it preaches?

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:50 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, indeed I have spoken to indigenous leaders across Canada, including the leaders of the treaty peoples in western Canada. A large number of indigenous leaders have expressed concerns. I recognize that, and we are in dialogue with them. There is also a greater number of indigenous leaders from the myriad leadership structures, and in particular traditional structures across Canada, and we are engaging with as many of them as we possibly can. We will continue to engage with them in order to move this process forward in a positive way.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:50 a.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Mr. Speaker, going back to my last point, the government promised to put forward the bill last year. Now, in the eleventh hour, it is being forced to put in a time allocation. I question if the bill really is a priority for the current government in the way that Liberals keep pushing the date back. We are in the eleventh hour. We are now putting in place a time allocation. I wonder how sincere the government is in actually getting the bill through, if it will stop playing games and get this process going properly.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:50 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, this is precisely what we are doing. Since I was renamed after the 2019 election, I have been working hard to develop the bill. We were sidetracked by COVID, quite frankly. I will be honest, it was around the time we were considering tabling the previous version. In that case the consultation process had a very different flavour.

We quickly shifted gears with COVID. We began to consult with indigenous people over the summer as a pre-consultation precisely not to lose the time that we had. I can assure the hon. member that much of my summer was taken up by those consultations. We moved to table it in the House of Commons as soon as we could incorporate the suggestions made in that pre-consultation period. We are serious about this. We have done this diligently and we are going to get this through.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:50 a.m.
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Bloc

Mario Simard Bloc Jonquière, QC

Mr. Speaker, earlier, my colleague from Kingston and the Islands said we were trying to stretch debates out for as long as possible. I just want to point out that the government is responsible for the parliamentary calendar and that there was a prorogation that cost us a lot of time.

With respect to time allocation motions, I also want to point out that, when we realized that we were wasting our time, not to repeat myself, on the MAID issue, we were in agreement.

Parts of the preamble to the bill before us now are utterly unintelligible. We have talked about this bill for just one hour, and now here we are with a time allocation motion. I think that is irresponsible of the government and that the government itself is partly responsible for delays in the legislative process.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:50 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank my hon. colleague for his question.

We want to ensure that this bill gets passed. It is very important. The bill guarantees the fundamental rights of indigenous peoples across Canada. We are in contact with indigenous leaders across Canada, including Quebec. I met with several chiefs and leaders in Quebec, virtually of course, individually or in their communities, or through federations of associations.

It is very important that this bill gets passed. I thank the hon. member for his support on the MAID legislation. I would like to assure him, and my colleagues from Quebec, that we are working very hard to make sure this bill passes.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:55 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

It is my duty to interrupt the proceedings at this time and put forthwith the question on the motion before the House.

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Kingston and the Islands.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:55 a.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I would request a recorded vote.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 10:55 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Call in the members.

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

Vote #91

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 11:40 a.m.
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Liberal

The Speaker Liberal Anthony Rota

I declare the motion carried.

The House resumed from February 17 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.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 11:40 a.m.
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Liberal

The Speaker Liberal Anthony Rota

I wish to inform the House that because of the proceedings on the time allocation motion, Government Orders will be extended by 30 minutes.

Debate.

The hon. member for Manicouagan.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 11:40 a.m.
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Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, from the outset I would like to say that it is an honour to speak in the House to Bill C-15. This is an historic bill and I hope we will be able to adopt it swiftly.

My colleagues know that I represent a northern riding and the majority of its population are members of the Innu or Naskapi nations. I rise in the House with my brothers and sisters from the North Shore and the Nitassinan in mind. I speak for the communities of Essipit, Pessamit, Uashat, Maliotenam, Unamen Shipu, Kawawachikamach and more. It is for these communities and the entire North Shore, which is also in favour of this bill, that I rise today.

This bill comes in the wake of great moments in our history in Quebec, including the Great Peace of Montreal in 1701, which forged the alliance between our adoptive ancestors. My own ancestors were not on Quebec soil at that time, but that is what happened between the French and the indigenous peoples.

I will talk about three things today, one of which is extremely important to me because there are many myths about Bill C-15 and the United Nations Declaration on the Rights of Indigenous Peoples. We must deconstruct these ideas, comments and opinions, which lead our reflections on the issue in the wrong direction.

Before speaking about self-determination, the third point of my presentation, I would like to remind members of the positions and actions of the Bloc Québécois that are in line with what we are doing today in the House.

The Bloc Québécois has promised on several occasions to be an ally of first nations. Whether in my work as an elected member or in the case of the entire Bloc Québécois, we have never wanted to speak for first nations. On the contrary, we want to be a conduit. These are nations. Quebec is a nation. To have a respectful relationship, we must let the other speak. Today, I hope that my words and those of the Bloc Québécois demonstrate that we wish to convey the words, wishes and desires of first nations.

It will not come as a surprise if I say that we support the bill. The Bloc Québécois has stated its support for the declaration many times. Even in the previous Parliament, we were in favour of Bill C-262, which was introduced by one of my former colleagues. I cannot name him in the House, but he knows who he is. I thank him.

We have always been an ally to first nations, and we support the declaration that was signed over 15 years ago as well as the previous bill. Despite introducing private members' bills about this over the past 15 years and pressuring the government, we still have not managed to pass a bill. That is why I want to emphasize that passing this bill is urgent. This is just the first step, and there will be more to follow, including the implementation. It is very important that this be done quickly for first nations.

I now want to talk about the concerns that have been expressed by different communities. Although the concerns are shared in different ways, they all come down to the feeling of a loss of control. I always find that surprising, since we are talking about first nations' rights. I do not think we should even be asking these questions, on principle, since these are their rights. These rights belong to them.

There are nevertheless some concerns that may play on fear, whether consciously or subconsciously. Sometimes these concerns are born out of a lack of understanding, which is why we need to dispel the myths.

The first has to do with free, prior and informed consent, known as FPIC, a topic that has evoked some strong feelings in almost all of the speeches. We hear so much about FPIC, as though it were the only key to adopting the United Nations Declaration on the Rights of Indigenous Peoples and enshrining it in law.

However, we are told that FPIC is a veto right, which blurs the line between two completely different notions, but what we hear is that consent is a veto. The first point I want to make in my speech is that these two notions are completely different. Consent is not a veto. FPIC is a notion all on its own.

According to the United Nations Declaration on the Rights of Indigenous Peoples, we have an obligation to co-operate in good faith with indigenous peoples in order to obtain their free, prior and informed consent. We are therefore not talking about a veto.

There is no significant difference between such consent and the duty to consult established by the Supreme Court. This is nothing new, and it is something that should always be done. I agree with the declaration. I agree with obtaining the consent of a people or nation living in a territory with regard to activities that will have a direct impact on them and on their lives, culture and health. In my opinion, we should all agree on that.

I have lots of things to say, but I will move on to another point people often raise about how there is some uncertainty regarding the legislative intent. The Minister of Justice said that the legislative intent was not to grant veto power. He said so clearly during his speech at second reading of Bill C-15. I do not have the minister's exact quote here, but I am sure it is in the official report of the House of Commons Debates.

Now I would like to talk about the legal definition of consent. Consent was already required in the past, though it was not called that. It already existed. Now it is being named and made mandatory. Examples from history are the James Bay project in the 1970s, the Oka crisis and the Grande Baleine project. First nations were being asked for consent back then.

In any case, the first nations are rallying and mobilizing. We have seen it over the past couple of years. Political pressure is being exercised on many fronts and it is warranted. There is a desire be consulted and to be able to provide free and informed consent.

There is another concern regarding the revenues generated by resource-related activities. I think the issue of royalties is simply ridiculous, and I believe the British North America Act is clear on the matter: Quebec and the provinces are owners of their own land and the resources therein. In the case of Quebec, this is an absolutely indisputable interpretation of the Constitution. There is already an agreement on the sharing of revenues from these resource development projects. That already exists.

When it comes to wealth sharing, I do not see how anyone could have a problem with sharing the revenues with the first nations who live on the land, creating jobs for those first nations and promoting wealth creation in remote areas like mine. The Bloc Québécois believes that sharing resources is patently obvious. It is necessary, and it goes without saying any time there is an agreement, a deal or a consultation with first nations.

I will address another point, but first I would like to conclude my thoughts on Quebec's jurisdictions, as I was talking about earlier.

On Bill C-15, the Minister of Justice said the following:

Let me be clear: Bill C-15 would impose obligations on the federal government to align our laws with the declaration over time and to take actions within our areas of responsibility to implement the declaration, in consultation and cooperation with indigenous peoples. It would not impose obligations on other levels of government.

The notion that this would infringe on Quebec's and the provinces' jurisdictions is yet another myth and another concern that I want to debunk. This is not true. The intent seems quite clear in this legislation. The Bloc Québécois will be voting in favour of the bill precisely because our interpretation is that the bill does not infringe on the provinces' exclusive jurisdictions.

I want to talk about the notion of self-determination under the declaration, since that is exactly what it does. The declaration recognizes that indigenous peoples and nations have the right to self-determination. Members will know that a nation's right to self-determination is something that we in the Bloc Québécois hold dear. I do want to point out that this right to self-determination is an internal one. It has nothing to do with a state's borders, and this is made clear in several articles of the declaration. This right to self-determination can simply be interpreted as an inherent right to self-government within a sovereign state's legal framework. There is autonomy, but within the legal framework of a sovereign state, within Canada. I hope that one day this will apply to Quebec.

On top of that, international law has adopted the United Nations Declaration on the Rights of Indigenous Peoples. There is a lesson to be learned from what has been done internationally.

Canada has also taken a position in support of UNDRIP. We agree, but there is one more step to take. We must follow through and finally pass Bill C-15. Then we need to implement it, which we hope will be done swiftly. There is talk of a three-year time frame, but we would like to move quickly and see that shortened to two years. My first nations brothers and sisters have been waiting long enough.

In closing, I would like to quote a few passages from UNDRIP that I think are clear examples of why we should pass this bill very quickly. These are points that everyone agrees on and, again, I have a hard time understanding how anyone could not support this. I will now quote a few articles all at once. Article 10 states the following:

Indigenous peoples shall not be forcibly removed from their lands or territories.

I do not know how anyone could be against that. The declaration also states the following:

Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.

These are fundamental rights. Who is against that? I will continue:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights....

I would ask the same question. The declaration also states the following:

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining....

Who is against that? I will continue:

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.

Once again who is against that? This is my last quote:

States shall provide effective mechanisms for prevention of, and redress for:

...

(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;

(d) Any form of forced assimilation or integration;

...

There are many other articles I would like to read, but they are all along the same lines. They speak about rights, integrity, freedom, essential needs and respect; in the end, they are about human beings.

In closing, the Bloc Québécois obviously supports Bill C-15 because we agree with the principle of it. We would like to see the bill be implemented quickly. With regard to all the misconceptions surrounding Bill C-15, I would like people to learn more about the bill and for us to talk about it, because we need to clear up those misconceptions. We must not vote based on impressions or opinions, but on facts, and we always need to remember that we are talking here about the rights of nations.

At the same time, since the Bloc Québécois obviously seeks to speak on behalf of Quebec, I would like to remind the House that, on Tuesday, October 8, 2019, the Quebec National Assembly unanimously adopted the following motion:

THAT the National Assembly acknowledge the conclusions of the Viens Commission, expressed on 30 September 2019, as regards the responsibility of the Québec State with regard to the overwhelming and painful findings set out in its report;

THAT it recognize, as the leaders of all the political parties represented in the National Assembly have affirmed, the importance of taking concrete actions, now, to put an end to discrimination against the members of the First Nations and the Inuit and to forge egalitarian relations with them;

THAT it acknowledge that the report from the Commission Viens calls on the Québec Government to recognize and implement the United Nations Declaration on the Rights of Indigenous Peoples, a recommendation also made in the report of the National Inquiry into Missing and Murdered Indigenous Women and Girls tabled last May;

THAT the National Assembly ask the Québec Government to recognize the principles of the United Nations Declaration on the Rights of Indigenous Peoples and commit to negotiating its implementation with the First Nations and the Inuit.

The will of Quebec, which I am expressing today, and the will of first nations are clear.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / noon
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, I would like members of the House to think in terms of reconciliation. I want to emphasize that Bill C-15 is about the United Nations Declaration on the Rights of Indigenous Peoples. UNDRIP is an international call for action that was adopted by the United Nations back in 2007.

I will quote from one of our Canada websites, dated November 12, 2010. It states:

Canada joins other countries in supporting the United Nations Declaration on the Rights of Indigenous Peoples. In doing so, Canada reaffirms its commitment to promoting and protecting the rights of Indigenous peoples at home and abroad.

I believe that all members of the House of Commons recognize the importance of reconciliation. Would the member provide her thoughts in regard to the timing and how critically important it is, after years of certain types of delays, which I will not go into, for the House of Commons pass the legislation?