Mr. Speaker, it is such an honour to rise today to speak to this very important bill. I would like to start with commending all those who spent so many decades drafting the United Nations Declaration on the Rights of Indigenous Peoples and the grassroots, leadership and civil society groups that have brought us here today.
I would also like to thank those who introduced bills in support of the implementation of UNDRIP, such as former members of Parliament Denise Savoie and Tina Keeper, or tabled motions in its support, as former MP Irene Mathyssen did.
The NDP has a long history of support for the UN declaration. For instance, in 2006, the late Jack Layton wrote to the UN of our belief in social justice and equality leading us to support the declaration. He stated that even before the UN General Assembly had adopted it.
I would also like to give a special acknowledgement to my partner, Romeo Saganash, whose Bill C-262 forms the basis for Bill C-15, the bill we are debating today. It has been a very long road to get here.
The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the UN General Assembly in September 2007 to enshrine the human rights that, as it outlines, “constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” I would also respectfully suggest adding the security of the person to that list.
The declaration was the result of over two decades of negotiations between indigenous peoples, civil society groups and nation states. It consists of 24 preambular paragraphs and 46 articles that define the inherent minimum human rights of indigenous peoples. This was a recognition that the rights of indigenous peoples were being violated throughout the world.
The articles within the declaration affirm the social, cultural, political, economic, environmental and spiritual rights of indigenous peoples. They include the right to self-determination, the right to free, prior and informed consent over matters impacting indigenous rights, including resource extraction on indigenous lands and territories.
Should these rights be violated, article 27 of the declaration also provides for fair and mutually acceptable procedures to resolve conflicts between indigenous peoples and states, including procedures such as negotiations, mediation, arbitration, national courts, and international and regional mechanisms for denouncing and examining human rights violations.
It is important to note that the requirement for free, prior and informed consent in activities of any kind that impact on indigenous peoples, their property or territories, differs in law from a veto. Courts are obliged to take into consideration the facts, circumstances and applicable laws in any given cases, while veto is an absolute concept in law.
Canada, over a period of two decades, was an active participant in the drafting of the declaration, along with numerous indigenous organizations and representatives, and other states. However, despite that hard work, Canada, under the Harper government, opted to oppose the adoption of the declaration in 2007 with three other countries: Australia, the United States and New Zealand.
Although the current Prime Minister indicated in 2015 that the “most important relationship” was with indigenous peoples, he, along with the Liberal caucus, continued to not support Bill C-262, which was introduced in April 2016.
It was only through public pressure that the Liberals finally caved and voted in favour of Romeo Saganash’s bill. This was in spite of the fact that during the 2015 election campaign, the Prime Minister promised repeatedly to adopt and implement the UN declaration.
It is time we move away from the Indian Act, and move forward in protecting the rights of indigenous peoples throughout Turtle Island. It is time that we confirm the application of the United Nations Declaration on the Rights of Indigenous Peoples in Canadian law, obliging the government to ensure that all legislation is consistent with the rights articulated within the declaration, as well as to prepare and implement an action plan to achieve the declaration’s objectives, including addressing injustices, combatting systemic racism and discrimination, and eliminating violence against indigenous peoples.
However, as we speak here today, we are very far away from achieving that goal. Today, as I rise in the House, the current government is in breach of the Canadian Human Rights Tribunal ruling to immediately stop racially discriminating against first nations children on reserve. There have been 10 non-compliance orders to date, and the Liberals have now indicated they will break the law and not pay what was ordered by the tribunal.
There are more children in care now than at the height of the residential school system as a result of human rights violations, including failing to afford families the right to housing, failing to meet international obligations to ensure access to clean drinking water, and numerous other human rights violations that make it almost impossible for families to survive, let alone thrive. The government turns a blind eye to human rights, even when it impacts our children and families.
The amazing warrior Cindy Blackstock so eloquently stated, “There’s simply no credible defence to suggest that we, the people of this period, don’t know any better.”
As talk about reconciliation has become the new normal in this House, the government continues to fight St. Anne residential school survivors in court and sixties scoop adoptees, a Crown behaviour that continues to strip survivors of justice. It shows a total disregard for the violence they endured and continue to endure in real time while dealing with the residual traumatic and lingering pain.
Those experiences changed or shattered lives, including that of my dear friend and spirit sister Michele Guerin. Michele Guerin is a member of the Musqueam Indian Band and an esteemed lawyer who testified as a survivor during the national inquiry's truth-gathering process. Michele was apprehended in the hospital at birth, during the sixties scoop, from her mother Beverley Guerin, who served two years in the Canadian navy and worked as a secretary at an engineering firm.
The lives and fates of persons who end up in the system are often left to the whims of those making decisions, often leaving them very unstable. That was true for Michele, who decided to testify and chose to pursue a freedom of information request to obtain her child welfare file, records she used in her testimony, walking her through her journey as a kid in care labelled as a “high risk youth”. I would argue that the label was incorrectly provided. It should be given to institutions that are at risk of not meeting the needs of children and families.
There was a failure to meet Michele's needs as a young person, including objectifying her at the age of 14 in a local newspaper ad posted by the ministry of child and family services in an attempt to find her a home. The ad stated it was looking for a home for “a pretty independent teenage girl. Absolutely no parenting required.”
Even as a young person, she was objectified and sexualized by the system. Her rights were totally disregarded. Her personal experience brought her to feel connected with the late Tina Fontaine, a young indigenous girl who at 14 was left alone by the system and who was murdered. Her valuable life was further disrespected with the acquittal of her accused murderer.
Michele so clearly shared this during the hearing in British Columbia during the national inquiry:
The system labels us, neglects us, ignores us, and fails us. The worst failure is that decade after decade nothing changes. Our girls and women are still the prey. So we held the Inquiry. There were a lot of politics around the Inquiry, yet the families persisted. They needed to be heard. I testified as part of my own healing journey. The Inquiry lawyer told me, it’s rare that we have a lawyer testify as a Survivor. More importantly, I testified to be a voice for my Sisters. Still, there is no action plan. It feels as if our words fell on deaf ears and the government has chosen to Do Nothing.
These deaf ears are failing to invest in the current housing crisis, which has become even more critical during the pandemic. Many indigenous people continue to be unsheltered as a result of the violent and wrongful dispossession of our lands, territories and resources, a situation that has become even further pronounced on reserves, where issues of overcrowding, disrepair, inadequate infrastructure and lack of affordability are the norm, not the exception.
There has been a continued failure of this government to heed the calls from the member for Nunavut, the member for Keewatinook Aski and the member for Timmins—James Bay to take immediate action to address the massive shortages of homes and the mould crisis that have resulted from major disrepair.
There is also the promise of ensuring an end to water boil advisories on reserve, and it is one broken promise after broken promise. This is a vile human rights violation, as noted by Human Rights Watch in a 92-page report citing the Canadian government’s failure to meet a range of international human rights obligations, including its failure in, and extensive excuses about, ending all boil water advisories on reserve in Ontario, Manitoba and throughout the country. Even now, as we are in the midst of a pandemic, the government continues to find excuses not to afford indigenous peoples with this basic human right to water, yet it had billions of taxpayer dollars to spend on the TMX pipeline. These are choices.
Although Canada has endorsed the UN declaration, the Liberals still do not apply the right to free, prior and informed consent, as has been witnessed in Kanesatake, Site C, TMX, Keystone XL, Muskrat Falls, Wet’suwet’en territory, Baffinland Mary River Mine and 1492 Land Back Lane. It is not limited to these instances. We have seen excessive police force, or a lack of it, as witnessed in the Mi'kmaq fishing dispute, where police forces stood by their fishery, literally watching it burn to the ground.
It is no wonder that there has been criticism of Bill C-15 coming from indigenous peoples who have even lost faith that maybe this time the government will do the right thing. It is one thing to endorse the United Nations Declaration on the Rights of Indigenous Peoples, and it is completely another thing to respect and uphold the rights affirmed throughout the articles of the declaration. Indigenous peoples have no reason to trust the government.
I understand this mistrust. It is valid, warranted and earned. I have the same mistrust, which is why we need this bill, Bill C-15, so we can finally have some legislative affirmation of our minimum human rights contained in the declaration. My support for the bill comes from my valid mistrust of the government to do the right thing. My trust has grown thin watching the clock run down, taking away hope, once again, that this will actually make it through Parliament.
Why does the government continue to hold up this bill? It is because indigenous people have seen and felt the impacts of human rights violations, including those contained in the Indian Act and other policies in Canada that maintain the violation of our rights to this day. Not only have governments failed in meeting the most basic human rights, but they legislated a violation of these rights.
It is abhorrent that in 2021, indigenous human rights are still up for debate almost daily in the House. Consecutive Conservative and Liberal governments can pull billions out their hat for their corporate friends, but banter back and forth about how they can come up with the money needed to resolve the water boil advisories on reserves, respect the right to housing and actually put in place a national action plan to resolve the ongoing violence perpetrated against indigenous women and girls caused by colonialism that continues to this today.
It is time for the Liberal government to start upholding human rights to ensure that the dignity, safety and the security of all persons is realized. This bill confirms these rights and ensures that any new legislation going forward will be consistent with United Nations Declaration on the Rights of Indigenous Peoples, as the summary of the bill affirms.
It is a critical step toward replacing the Indian Act with human rights. The Liberal government needs to act now, and I cannot express that strongly enough. The implementation of the UN Declaration on the Rights of Indigenous Peoples is essential. Bill C-15 confirms its application in Canadian law, meaning that courts can refer, and have referred, to the declaration to interpret domestic law, in addition to other distinct legal frameworks that also inform the interpretation of indigenous rights including the Constitution, indigenous law, our treaties, and international law that also respect and affirm those rights. None of these legal frameworks supersede the others, they are interrelated and mutually reinforcing.
Bill C-15 is not perfect and requires amendments. This has been noted in witness testimony by indigenous and non-indigenous people in our study of the bill in committee. We must ensure that broad-based consultations occur as we move forward to strengthen the bill. For example, a recommendation to include, in preambular paragraph 8 and article 6(2), a reference to racism.
We know there are growing movements of white supremacy here and abroad. We also know that as a result of human rights violations, indigenous peoples throughout what is now referred to as Canada have been left poor and, far too often, unsheltered on our very own lands. All the while violence resulting from systemic racism, including what is being witnessed in the case of Eishia Hudson or a failure of the justice system in the case of Colten Boushie, the fact the indigenous women and girls 2S and diverse gendered people continue to be murdered and missing without urgent action, like our lives or loss of lives does not matter. The onus of proving systemic racism is placed on indigenous people whether sitting in the House of Commons or boardrooms, or fighting boots to the ground.
Indigenous peoples are constantly put in the place of having to justify experiences with systemic racism and the microaggressions we experience, having to explain this reality to those in privilege who get to decide whether the claims are valid or not. Gaslighting: we need to call this out. To do otherwise would merely uphold the white supremacy and paternalism that is designed to keep indigenous peoples oppressed. Let us stop with the games and the need to protect the status quo, and just call it what it is, systemic racism, and not only when it is convenient but let us just call it systemic racism, neo-colonialism, white supremacy and human rights violations.
We need to first acknowledge truth if we are ever to realize a change in behaviour. Call it out, and let us get on with the work of creating a world where all people are safe and uphold their basic human rights, so we can all achieve our right to joy and dignity.
Let us stop fighting indigenous peoples in courts, whether it be about lands and resources; our right to free, prior and informed consent; fighting children; sixties scoop adoptees; and residential school warriors. Let us just honour human rights. Laws need to be put in place to protect indigenous peoples from acts of racism.
The implementation of the United Nations Declaration on the Rights of Indigenous Peoples should have happened 13 years ago, when it was adopted by the UN General Assembly.
How many years will we have to wait before indigenous peoples' human rights are finally respected? The time for excuses has run out. That is why I am proud, along with the NDP colleagues, to call on the Liberal government to act now and to finally uphold the United Nations Declaration on the Rights of Indigenous Peoples.
