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

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6 p.m.
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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice

moved 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.

Mr. Speaker, I am pleased to speak to the second reading debate on Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

Before I get into the substance of the bill, I would like to remind the House that it has taken decades of work to get to where we are today.

Negotiations and discussions have been taking place at the United Nations for over 20 years. Many Canadian indigenous leaders, speaking on behalf of the indigenous people of the world, have been strong advocates for a human rights instrument that would take into account the unique experiences and historical situations of the world's indigenous peoples.

I must acknowledge the tremendous efforts of parliamentarians and indigenous leaders in Canada who have proposed legislative frameworks for the implementation of the declaration since it was adopted by the United Nations in 2007.

I especially want to recognize the efforts of our former colleague Roméo Saganash, who introduced private member's Bill C-262 in the last Parliament. This bill was read and studied in quite some detail. His efforts brought us to this point and remind us of the constructive discussions that contributed to the drafting and presentation of Bill C-15. I thank Mr. Saganash.

Bill C-15 and our endorsement of the UN declaration are intended to renew and strengthen the relationship between the Crown and indigenous peoples, a relationship based on recognition, rights, respect, co-operation, partnership and reconciliation.

It is also part of a broader work to make progress together on our shared priorities for upholding human rights, affirming self-determination, closing socio-economic gaps, combatting discrimination and eliminating systemic barriers facing first nations, Inuit and Métis peoples.

The United Nations Declaration on the Rights of Indigenous Peoples is an international human rights instrument that affirms the rights that constitute the minimum standards for the survival, dignity and well-being of indigenous peoples. It includes 46 articles that affirm a broad range of collective and individual rights, including rights related to self-determination and self-government; equality and non-discrimination; culture, language and identity; lands, territories and resources; and treaty rights, among others.

The declaration also recognizes that the situation of indigenous peoples varies from region to region and country to country. As such, it provides flexibility to ensure rights are recognized, protected and implemented in a manner that reflects the unique circumstances of indigenous peoples across Canada. This means that implementation of the rights it describes must respond to the specific and unique circumstances in Canada.

In Canada, both the Truth and Reconciliation Commission in 2015 and the National Inquiry into Missing and Murdered Indigenous Women and Girls in 2018 called upon governments in Canada to fully adopt and implement the UN declaration in partnership with indigenous peoples. We heard these calls, and in 2016 the Government of Canada endorsed the declaration without qualification and committed to its full and effective implementation.

We have been making significant progress on the implementation of the declaration on a policy base. While we have done this, 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. This reflects the sustained transformative work that the Truth and Reconciliation Commission and so many others have repeatedly told us is required to truly advance reconciliation in Canada.

Some of the declaration's principles are already included in several Canadian laws, policies and programs, such as section 35 of the Constitution Act, 1982, the provisions of the Canadian Charter of Rights and Freedoms on the right to equality, and the protections against discrimination in the Canadian Human Rights Act.

Working within Canada's legal framework, the Government of Canada has also taken measures to better reflect the declaration in federal policy and legislation, such as the recent initiative, An Act respecting First Nations, Inuit and Métis children, youth and families, and the Indigenous Languages Act. Bill C-15 represents another important step forward. By working in co-operation and partnership with indigenous peoples, we are creating new opportunities to dismantle colonial structures, establish strong, lasting relationships, close socio-economic gaps, and promote greater prosperity for indigenous peoples and all Canadians.

I would like to turn now to the key elements of Bill C-15.

The bill makes a number of important statements in the preamble by acknowledging the importance of the declaration as a framework for reconciliation, healing and peace; recognizing inherent rights; acknowledging the importance of respecting treaties and agreements; and emphasizing the need to take diversity across and among indigenous peoples into account in implementing the legislation.

The preamble also specifically recognizes that international human rights instruments, such as the declaration, can be used as tools to interpret Canadian law. This means that the human rights standards they outline can provide relevant and persuasive guidance to officials and courts. While this does not mean that international instruments can be used to override Canadian laws, it does mean that we can look to the declaration to inform the process of developing or amending laws and as part of interpreting and applying them. This principle is further reflected in section 4, which affirms the Government of Canada's commitment to uphold the rights of indigenous peoples and the declaration as a universal human rights instrument with application in Canadian law. Together, the objective of these acknowledgements is to recognize existing legal principles and not give the declaration itself direct legal effect in Canada.

The bill also includes specific obligations intended to provide a framework for implementing the declaration over time. By requiring the Government of Canada to, first, take measures to align federal law with the declaration in clause 5; second, to develop an action plan in consultation and co-operation with indigenous peoples in clause 6; and third, to report to Parliament annually on progress in clause 7, Bill C-15 proposes a clear pathway to stronger, more resilient relationships between the government and indigenous peoples.

Bill C-15 would also contribute to our efforts to address discrimination, socio-economic disparities and other challenges on which we continue to make progress. By mandating a collaborative process for developing a concrete action plan on these and other human rights priorities, we should see an improvement in trust and a decrease in recourse to the courts to resolve disputes over the rights of indigenous peoples.

I would now like to talk about how Bill C-15 was developed. This bill was the result of our collaboration and consultation over the last several months with indigenous rights holders, leaders and organizations. Using the former private member's bill, Bill C-262, as a starting point in these discussions, we worked closely with the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis National Council.

We also received valuable input from modern treaty and self-governing nations, rights holders, indigenous youth, and regional and national indigenous organizations, including organizations representing indigenous women, two-spirit and gender-diverse people.

All of this feedback helped shape this proposed legislation, and we thank everyone who participated. We also held talks with the provincial and territorial governments, as well as with stakeholders from the natural resources sector.

These discussions were enriched by the contributions of indigenous representatives and provided an opportunity to learn about many of the efforts and initiatives already under way in the provinces and territories, and in various natural resource sectors, to further engage indigenous communities, create partnerships and lasting relationships, and work collaboratively to support responsible economic development that includes indigenous peoples.

People always say that young people are our best hope for the future. There is a lot of truth in that, and we held a virtual roundtable with indigenous youth to ensure that their perspectives and their vision of the future were included in the process.

First nations, Inuit and Métis youth from across the country shared their views on the bill and their priorities for the implementation of the UN Declaration on the Rights of Indigenous Peoples. I am grateful that they took the opportunity to ask me many difficult questions.

Looking back on that event, it is clear to me that young indigenous people have a vision for a better Canada. This stems from the vision of the future that they have for their nation and their people. They see a future in which strong, self-determined indigenous peoples thrive and are connected to the land and culture.

Young indigenous people see a future in which indigenous-Crown relations are truly nation-to-nation, reflecting equality and respect, and not colonial attitudes.

Clearly, we still have a long way to go together to build that better future. However, it is also clear that Bill C-15 will enable us to harness the full potential of the declaration in building that better Canada.

To this end, and consistent with this government's mandate commitment, Bill C-15 builds on the core elements of former Private Member's Bill C-262 including the requirement to align federal laws with the declaration over time, develop and implement an action plan in consultation and cooperation with indigenous peoples, and report to Parliament on progress annually. However, our recent engagement process led to a number of key enhancements. In addition to new language in the preamble highlighting the contributions the declaration can make to reconciliation, to sustainable development, and to responding to prejudice and discrimination, the addition of a purpose clause and more detail with respect to the development of an action plan and annual reporting requirements build on and enhance what was set out in Bill C-262.

Over the course of our engagement, we heard some questions about the scope of Bill C-15 and the concerns that it might create economic uncertainty. 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. However, we know that the declaration touches on many areas that go beyond federal jurisdiction. The preamble, therefore, recognizes that provincial, territorial, municipal and indigenous governments have and would continue to take actions within their own areas of authority that can contribute to the implementation of the declaration. Our goal is not to get in the way of good ideas and effective local action, but to look for opportunities to work collaboratively on shared priorities and in ways that are complementary.

The declaration and, by extension, the legislation provides a human rights-based framework for the development of the relationships required to support the effective exercise of the indigenous peoples' right to self-government and self-determination. The exercise of these rights contributes in turn to creating more prosperous, resilient and self-reliant communities.

Arising from the right to self-determination, “free, prior and informed consent”, as it appears in various articles of the declaration, refers specifically to the importance of meaningful participation of indigenous peoples, through their own mechanisms, in decisions and processes affecting them, their rights and their community.

Free, prior and informed consent is a way of working together to establish a consensus through dialogue and other means and of enabling indigenous peoples to meaningfully influence decision-making.

Free, prior and informed consent does not constitute veto power over the government's decision-making process. After all, human rights and the resulting obligations and duties, particularly those provided for in the declaration, are not absolute.

The declaration states that indigenous peoples have individual and collective rights equal to those of other peoples. That means that the provisions of the declaration, including those that refer to free, prior and informed consent, must be taken in context. Different initiatives will have different impacts on the rights of indigenous peoples and will require different types of approaches.

Thus, free, prior and informed consent could require different processes or new creative ways of working together to ensure meaningful and effective participation in decision-making.

If passed, this bill will not change Canada's existing duty to consult with indigenous peoples or the other consultation and participation requirements under other legislation such as the new Impact Assessment Act. As also explained in section 2, it would not diminish constitutional protection of the indigenous and treaty rights recognized and affirmed in section 35.

The bill would inform the government on how it plans to phase in its legal obligations in the future. In addition, the bill would do so in a way that would provide greater clarity and foster greater certainty over time for indigenous groups and all Canadians.

When indigenous peoples have a seat at the table for decisions that may affect their communities, we are respecting their rights and encouraging stronger economic development and outcomes. As we work to implement the declaration federally and to support indigenous peoples' inherent right to self-determination, we will help develop a stronger, more sustainable and predictable path for indigenous peoples, the Government of Canada and industry. We are ready to work with all levels of government, with indigenous peoples and other sectors of society to achieve the declaration's goals.

I would now like to turn to the road map this bill would lay out for the future. If passed, the bill would require the Government of Canada to develop an action plan in consultation and co-operation with first nations, Inuit and Métis to ensure that we achieve the objectives of the declaration. I believe the additional details included in Bill C-15 with respect to the action plan are very important. Indeed, the action plan is a central pillar of this legislation.

As outlined in clause 6 of the bill, developing and implementing the action plan would mean working together to address injustices, combat prejudice and eliminate all forms of violence and discrimination, including systemic discrimination, against indigenous peoples, including all forms of racism against indigenous peoples; promote respect and mutual understanding as well as good relations, including through human rights education; and measures related to monitoring oversight, recourse or remedy and other accountability with respect to the implementation of the declaration, and include measures for the review and amendment of the action plan.

Some have also wondered why this bill is being introduced right in the middle of a global pandemic.

We know that racism and discrimination have not stopped during the pandemic. On the contrary, COVID-19 exacerbated many existing inequalities and hit many people particularly hard, including indigenous people and Black or racialized Canadians. We must not delay efforts to make Canada more just, inclusive and resilient.

Bill C-15 could help structure discussions on addressing the inequalities and discrimination against indigenous peoples, which are the root cause of these many vulnerabilities.

There will be many benefits as we work together to identify new measures to reflect the rights and objectives in the declaration. Through the process, we will continue to renew and strengthen the nation-to-nation, Inuit, Crown and government-to-government relations; better respect and implement the individual and collective rights of indigenous peoples; build on the momentum to increase the ability of indigenous peoples to exercise their right of self-determination; support indigenous peoples as they restore and strengthen their governance systems and reconstitute their nations as they collectively address the impacts of colonialization and as we create a framework that will help increase clarity and certainty in the long term with respect to the rights of indigenous peoples and their implementation.

The bill would provide a road map for generational and transformational work, including how to support, while also getting out of the way of, indigenous self-determination.

I thank the leadership that has helped develop this and for the consultations that are continuing. I am happy now to answer any questions in this regard. I am proud to support the bill.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:20 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I want to reiterate that on this side of the House we do support free rights and the process of reconciliation with the indigenous peoples of Canada, and we also believe that the path to reconciliation lies in taking meaningful action to improve the lives of indigenous peoples and ensure that they are able to fully participate in Canada's economy.

I listened to the minister's speech and note that some of the concerns that we have on this side of the House pertain to some of the broadly worded provisions and the implications of that wording and the lack of definition of a number of them. I will go a little further. The bill requires a plan to be developed within three years, but it really does not have a time frame to complete that work, nor are there clear and agreed upon objectives to be laid out in that plan.

If one does not even have an agreement or clarity on the work plan, on what basis can it be claimed that an entirely new approach based on free, prior and informed consent can be implemented?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:25 p.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I am pleased that there is support on the other side of the House for treaty rights and other indigenous rights. Hopefully that will lead to support for the bill more generally.

The fact that the action plan is only called for in the legislation within a three-year time frame is indicative of the fact that we have to co-develop that action plan with indigenous peoples on a nation-to-nation basis, as well as with other indigenous organizations across Canada in the variety of leadership structures that exist across the diverse indigenous peoples of Canada. Those include treaty holders, right holders, organizations representing a particular group such as indigenous women. We will need to co-develop that plan. We feel that we have given ourselves enough time to co-develop that plan with our partners.

It is actually a strength of the plan and indicative of what has to be a new approach in working with all peoples in Canada, indigenous and non-indigenous, to do things that better society.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:25 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Mr. Speaker, I think we can agree that Bill C-15 is certainly imperfect and is going to require some amendments. For example, we know in Canada that that there is a growing white nationalist movement here and abroad. We hear in the news about issues of ongoing racism and policing, and issues with health care, where people are literally dying in hospitals as a result of racism. Let us not forget what the Canadian Human Rights Tribunal ruling that the government has failed to to bring an immediate stop to racial discrimination against first nations, a clear indication of systemic racism. I know the bill mentions systemic barriers. I do not think that goes far enough.

Would the minister be open to amending the eighth paragraph of the preamble and subclause 6(2) to include a reference to racism? I certainly know that the calls have been strong from the leadership and people on the ground that this be included in the bill. Would the minister be open to that amendment?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:25 p.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for her hard work in this area. I know that she has travelled across the country with a predecessor of the bill helping to explain it and really support its development.

As the Minister of Justice, I am open to discussing all good faith amendments brought forward in the view of making this a better bill. We certainly have recognized that systemic racism exists in Canada. I have done so publicly, and a number of my colleagues have done so publicly, and we have accepted the ruling of systemic racism from the Canadian Human Rights Tribunal. We have a difference of opinion over jurisdiction and are negotiating in good faith to resolve those cases in a number of class action processes. Certainly I am open to working with all members of the House to make this a better bill.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to thank the minister very much for his work in this area. I want to also commend him for acknowledging the extraordinary work of former member of Parliament Romeo Saganash, and all the work that was done when it was a private member's bill.

I agree with the comment from the hon. member for Winnipeg Centre, but I have a sense, which I want to put to the hon. minister, that we will be disappointed. Article 19 of the United Nations Declaration on the Rights of Indigenous Peoples makes it clear that before projects, administrative or legislative changes can happen that affect indigenous peoples, the state party, in this case Canada, must ensure free, prior and informed consent.

We bought the Kinder Morgan pipeline, and knew at the time we bought it that it was opposed in court by the Tsleil-Waututh, the Musqueam and the Squamish. We know that to this day it is opposed by the Tsartlip Nation. I do not know how we can go forward with the notion of free, prior and informed consent when many projects across Canada have been undertaken and, in the case of Trans Mountain, subsidized to the tune of $17 billion in public funds in direct opposition to, and in violation of, the notion of free, prior and informed consent.

I know that, as the Minister of Justice, this is not exactly his responsibility area, but how do we square that circle?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:30 p.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for her dedication, both to the rights of indigenous peoples and the advancement of so-called indigenous causes, and also to the protection of the environment.

My understanding of free, prior and informed consent is that it targets a process in which indigenous and non-indigenous people work together from the beginning to evaluate and develop projects. I hope that will become enshrined in everything that we do as a result of UNDRIP. I hope that we can do a better job of moving forward with respect to the co-development of projects. I hope that free, prior and informed consent means partnership from the get-go and through all the stages in a very meaningful and significant way.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:30 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Mr. Speaker, I thank the minister for his leadership in this. This is a very important bill, as he has indicated, and I want to thank him for his work, as well as his entire team and those at Crown–Indigenous Relations.

The issue of reconciliation is imperative for Canada. It is really not a choice. It is something that we need to move forward on. Many of the TRC calls to action have been fulfilled, but this is one of those critical pieces that is still outstanding. In the minister's view, how important is UNDRIP, and implementing UNDRIP in Canada, toward the path of reconciliation?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:30 p.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for his work in helping us with the consultations that led to the tabling of this bill.

It is critically important. The metaphor that I like to use is that this becomes our North Star for reconciliation. It gives us a road map for generational and transformational work and really teaches us how to rethink the country such that indigenous people finally have an equal place. That is the dream of Canada. That is the goal of Canada, and this helps us get there.

Dr. Willie Littlechild, a former member of the House for the Conservative Party and one of the people who helped draft the UNDRIP at the United Nations, said, “We're at the starting line again, but this time we get to run the race together”. That is really the way I feel about this, and it is a fantastic step forward.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:30 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I rise today to speak to Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. This is a bill that has had seven iterations since 2008. Right from the beginning, Conservatives have seen the value in UNDRIP as an aspirational document that provides guiding principles toward reconciliation. We also recognize that many of the articles of UNDRIP are supportable. However, the impact of free, prior and informed consent and its impact on the cultural, social and economic development of indigenous peoples remains unclear. This is not coming as a surprise to the government. Conservatives have been clear from day one that this needed clarification. The fact that the government in its legislation has failed to clarify free, prior and informed consent yet again indicates it simply does not care about the implications that this bill would have for indigenous and non-indigenous communities.

Let me be clear. Conservatives support indigenous communities and their rights. We support the process of reconciliation with Canada's indigenous people, including the importance of education, economic development, and employment and training opportunities. We supported the Indigenous Languages Act and legislation relating to indigenous child welfare. We support many of UNDRIP's articles, but what we oppose is the government's lack of due diligence in putting forward legislation without reaching a common understanding of how free, prior and informed consent will be interpreted. We also do not think that enough consultation has been done with indigenous communities. This is something that has been echoed across the country, in fact. This will lead to uncertainty and could potentially undermine trust if expectations are not met, which could in turn set back reconciliation.

The government will say not to worry, and that this will be sorted out later. We have heard this many times. In fact, this is exactly what the justice minister told the Assembly of First Nations recently, but when it comes to taking action that will impact the lives of indigenous peoples, such as ending long-term boil water advisories, the Liberals have consistently failed to keep their promises. The Liberal government has a track record of saying it will sort it out later and then never delivering, so how can we trust them this time to do anything differently? That is why we have to worry with the Liberal government. We have to worry that the undefined statement of free, prior and informed consent could be interpreted as a de facto veto right, and thus have profound detrimental effects not only for a variety of industries across Canada, but for indigenous communities as well. National Chief Perry Bellegarde stated on May 12, 2016, that free, prior and informed consent “very simply is the right to say yes, and the right to say no”.

What if two or more indigenous communities want different things? The exact impacts on workers across regions and industries are unknown. The impacts on indigenous entrepreneurs are unknown. However, with the uncertainty created by the Liberals around the interpretation of free, prior and informed consent, the cost to communities, labour unions, indigenous businesses, and provincial and territorial governments could be astronomical. If existing laws and regulations could be superseded by implementing UNDRIP, the regulatory burden on industries could increase and deter business in Canada. This uncertainty hurts both prospective development and indigenous communities. There is a lack of clarity regarding how UNDRIP will work with Canadian jurisprudence and within each level of government. Everyone has a different interpretation. The only people who stand to benefit from a lack of clarity or a lack of definition are lawyers.

During a December 3, 2020, briefing for parliamentarians, representatives from the Department of Justice stated that Bill C-15 respects Canadian jurisprudence, while officials from Natural Resources Canada stated that the bill does not create requirements for industry, but for government. Which representatives were correct? We know from the Wet'suwet'en dispute that many indigenous Canadians believe the government and all industries operating in British Columbia, where a bill similar to Bill C-15 was passed, are bound by UNDRIP. In this case, hereditary chiefs maintained that they had not given their free, prior and informed consent for the pipeline. This was despite the proponent entering into agreements with all elected chiefs and councils along the approved route.

What if two or more indigenous communities want different things? Even within the same community, what if there is conflict between what the elected band council and hereditary chiefs want? Whose free, prior and informed consent trumps whose? Government officials appear to believe that the Indian Act and therefore elected chiefs would take precedence, but then why did the Minister of Crown-Indigenous Relations enter into an agreement with hereditary chiefs and ignore the elected chiefs of the Wet'suwet'en? There is not enough clarity.

There are many more examples.

Article 3 states:

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

How does that work, regarding Supreme Court decisions such as Marshall I and Marshall II, which state there are limitations on economic rights subject to definition by the responsible minister and the Badger test?

Article 19 states:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

How does that work with the October 11, 2018, Supreme Court decision, which clearly states that the duty to consult does not extend to the legislative drafting phase?

Further, article 28.1 states:

Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.

What does that mean for the City of Ottawa, for example?

Furthermore, it should be noted that the Supreme Court established in 1901 that it does not need to be bound by previous decisions, meaning it could subsequently choose to revise certain decisions once UNDRIP is affirmed as a tool for interpreting Canadian laws, including the Canadian Constitution.

Another important question is that of how land claims and modern treaties will be affected by UNDRIP. Currently, for example, article 4 of the Nunavut Land Claims Agreement lays out a division of powers within the territory. It includes a political accord granting powers, such as in other provinces and territories, to a public government and creating space and decisions that would affect the socio-cultural development of Inuit for input from the beneficiary organization. However, the lack of a clear definition of free, prior and informed consent may lead to the reopening of that land claim, as is already happening in Nunavut.

ITK president Natan Obed stated on December 3, 2020, in an interview with a news agency that “There are many things that the land claims are silent on.” Since devolution has not occurred, these discussions can still happen between Canada and Nunavut Inuit.

Is it possible that modern treaties and established land claims across the country may move to reopen negotiations to reclaim rights groups feel they may have given up in exchange for self-government?

In its December 2008 resolution, the AFN specifically states that the relationship between first nations and the Crown has been, and must continue to be, governed by international law. It added that treaties concluded with European powers are international treaties created for the purpose of co-existence rather than submission to the overall jurisdiction of colonial governments, and that the Canadian government has at no point been able to provide proof that first nations have expressly and of their own free will renounced their sovereign attributes. This statement clearly suggests an unwillingness to accept Canadian jurisprudence as the ultimate authority, calling into question how discrepancies between Supreme Court rulings and UNDRIP articles would be resolved. That is of critical importance.

Clause 5 of the bill 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.

Not some laws, but the laws of Canada: not just federal, but provincial and municipal as well. Has the government consulted with the provinces and municipalities?

On November 27, six provincial ministers of indigenous affairs sent a joint letter to the government to share their concerns with this legislation. That included Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick and Quebec. They were concerned that they were only given six weeks to review the legislation and about the impact it will have on the laws and regulations in their provinces. The letter states:

...delay is necessary both to allow for appropriate engagement with provinces, territories, and Indigenous partners on the draft of the bill, and to allow time for Canada to fully and meaningfully consider and address the legitimate...concerns that we have already raised about the draft bill in its current form.

The letter goes on to say:

A hasty adoption of ambiguous legislation that could fundamentally change Confederation without the benefit of the widespread and necessary national and provincial consultation and consensus not only risks undermining reconciliation, but will create uncertainty and litigation and risk promoting deeper and broader divisions within our country.

The list goes on.

The lack of clarity in this bill could have sweeping implications. The purpose of legislation is to make the law clear. As I said earlier, this bill fails to do that. The Liberal government has failed to do the real work necessary to make good on its promise to implement UNDRIP. Instead, it has presented a bill that is woefully incomplete because all it wants to do is check a box, but this bill is nowhere near a promise kept. It is yet another in a long line of the Liberal government's broken promises to indigenous communities.

On December 17, the National Coalition of Chiefs wrote to the Prime Minister, expressing its concern:

While the affirmation of Indigenous rights is always welcome, there are implications to this legislation, as currently drafted, that 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 do not want to see symbolic gestures of reconciliation come at the expense of food on the table for Indigenous peoples.

That is worth repeating: The legislation “is likely to have negative impacts on many Indigenous communities". How is that keeping with reconciliation?

Industry stakeholders are generally supportive. Like Conservatives, they share an understanding of the aspirational spirit of UNDRIP and the need for renewed nation-to-nation discussions on the path to reconciliation. However, they also share concerns, similar to those of Conservatives and many indigenous communities, that before Bill C-15 is passed, the government must clarify free, prior and informed consent. They are seeking clarity and want to ensure they understand the rules, but most concerning is the lack of consultation on Bill C-15 with indigenous communities.

The National Coalition of Chiefs expressed concern, stating:

...the lack of consultation is a flag for Indigenous leaders and communities across Canada. While the NCC was able to meet once with the Minister of Justice, there was an understanding that we would meet further to discuss our issues and concerns. The current comment period is far too short for us to consult with our representatives of Parliament.

Legislation of this magnitude only warranted one meeting.

On February 3, the elders of Saddle Lake Cree Nation wrote to the Prime Minister. They expressed deep concerns and indicated that they fully disapprove of Bill C-15 and the process that has been followed to date by the Government of Canada. This is because the government had not made any attempts to meet with them, or to provide adequate time and opportunity to consult.

The Liberal government has repeatedly demonstrated its inability, or perhaps just its unwillingness, to properly consult, let alone come to any agreements on the definition of “indigenous rights”. It is this uncertainty in the ability and willingness of the government to really deliver on Bill C-15 that has so many worried. Leaving interpretation to the courts over the ensuing years will lead to uncertainties that will have enormous implications for Canada.

While the Conservative Party supports the goals and aspirations of UNDRIP, we are concerned the government is going ahead with legislation, enshrining it into Canadian law, before we have developed a common understanding of what concepts such as free, prior and informed consent actually mean. There is currently a lack of consensus in the legal community. Without a common understanding, we risk creating uncertainty and misunderstanding in the future. That would mean letting indigenous Canadians and their communities down yet again.

Conservatives believe that the path to reconciliation lies in taking meaningful action to improve the lives of indigenous peoples and ensuring that they are able to fully participate in Canada's economy. We are concerned that a lack of clarity and common understanding about key concepts in the bill could have unpredictable and far-reaching effects that could undermine reconciliation in the long term.

Without a clear definition of free, prior and informed consent, there are several outstanding and troubling questions left unanswered. Whose consent must be sought when it is clear that consent has to be given? Could an unelected individual or group undermine the will of elected indigenous representatives or invalidate the decision of an indigenous-led process, an institution, or a public government?

I appreciate that the government feels that free, prior and informed consent does not mean a veto. The National Post reported the justice minister saying, “The word veto does not exist in the document”. In that same article, David Chartrand, the national spokesperson for the Métis National Council said, “We made it very clear, this is not a veto, we’re not out to kill industry”.

Why not then include a definition of free, prior and informed consent in this document? Why not spell it out for all Canadians that it does not mean a veto? If this process is about providing clarity for indigenous communities, non-indigenous communities and industry, let us start with some clarity around Bill C-15.

When it comes to taking practical actions that will impact the daily lives of indigenous peoples, such as ending long-term boil water advisories, the Liberals have, unfortunately, failed to keep their promises. I feel that Bill C-15 may be just another failed promise.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:50 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Mr. Speaker, I appreciate my friend's intervention today, but I fundamentally disagree with his approach, because a lot of what he said is what we heard during debate on Bill C-262. Members will recall that Bill C-262 was stalled at the Senate by Conservative senators. As a result, the hard work of former member of Parliament Romeo Saganash, in essence his life's work, did not pass in the last Parliament.

The consultation that he and many others did during that process was unprecedented. Essentially, with the member for Winnipeg Centre in many cases, he went community to community to do the consultations. Bill C-15 is built on the work of Bill C-262. The consultation has been extensive. It is never perfect, but it has been extensive.

On the discussion with respect to the premiers, and with the greatest respect to our provincial and territorial counterparts, it is worth noting that there has been 13 years to implement that essential human rights legislation. Sadly, many jurisdictions have not taken that step forward. One notable exception is British Columbia, which has implemented it in a fairly successful way—

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:50 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

We will have to end it there. We are almost at a minute and a half, and we will try to get a few more questions in during the 10-minute period for questions and comments.

We will go back for a response from the hon. member for Haliburton—Kawartha Lakes—Brock.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:50 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I thank my friend across the way for that question, and I do mean “friend” in the true sense of the word. I appreciate his work on the file as well. However, there are a number of indigenous communities that are concerned about the wording of Bill C-15. We have even had letters from provincial ministers responsible for those files saying the exact same thing.

As we come out of this pandemic, those in industry will be looking for certainty. They will be looking for markets that allow them to invest their money and have light at the end of the tunnel, if they meet all of the requirements.

Until we have a definition of free, prior and informed consent, that certainty remains up in the air. When we are trying to rebuild the economy, bring these jobs back and bring opportunities to some of these first nations communities that, in many cases, rely on natural resources as their source of revenue and jobs, we need to have that certainty.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:50 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, experience has shown us that failure to obtain consent for development projects often leads to crises involving indigenous peoples. That is what happened with the Oka crisis and with the Wet'suwet'en this winter.

Can the member tell us what the problem is with making sure natural resource development projects are carried out properly in accordance with the FPIC standard?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:55 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I agree that everything has to be done in the proper way. Whether it be natural resources projects, or anything really, the rules have to be clearly defined and outlined, so people undertaking the application process understand the path forward and if there is a path forward. If we do not know that at the beginning, it makes it very difficult to continue on a project or even start one in the first place.

That is why we keep saying that we approve of the aspirational part of UNDRIP and of Bill C-15. However. What we are opposing and questioning, which is no secret, is the lack of due diligence in putting forward this legislation without coming to a common understanding of what free, prior and informed consent actually means.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:55 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I listened closely to my hon. colleague's remarks. I have a lot of questions, and I know I only have a short time to ask them.

The member spent a lot of time speaking about this conflation between the concept of consent and the concept of a veto, which has been spoken to at length by legal experts and dozens of witnesses at committee. It is clear that there is a distinction between these two concepts, so it is unfortunate that he continue to conflate them.

Part way through his speech, he said something along the lines of supporting the goals and aspirations of UNDRIP. However, I listened carefully, and 90% of his speech was speaking negatively about the risks he feels it poses. I am curious what parts of it he supports and feels are worthy of his support.

In his question to the minister, he indicated that he supports treaty rights. Does he support section 35 rights of indigenous people in the Constitution of Canada?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:55 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, there is a lot to unpack there, and I will try to get through it as quickly as possible.

On his first point regarding free, prior and informed consent, if what he is saying is true, then why is it not included in the bill? If it is that simple and clear, why not put it in the bill and get unanimous support for this bill? The problem is that it is not there, which is causing issues.

We are in this chamber to discuss issues such as this, which could have profound impacts on the way forward. It does not have to be natural resources projects. I keep saying it is a larger impact than that. We should be debating this in the chamber. We should be debating it instead of pushing it through. If it is clear, let us make sure it is clear.

In terms of his negative comment, yes, there are lots of positive things in there addressing issues of discrimination and racism. However, what we are trying to do is reach a consensus on the part we disagree with so we can get to what we do agree with and get this passed. Let us address the issues that we have on this side of the House, which are with the definition of clear, free, prior and informed consent. If it is clear, put it in the bill and we will be a lot happier with that. I am sure industry will be as well.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 6:55 p.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, my colleague rightly pointed out some of the issues and questions on free, prior and informed consent with the Wet'suwet'en, where even within the band there were people who did not agree.

I have had conversations in my own riding with the leaders of various aboriginal groups. They had no expectation of having the right of veto. They agreed that no individual Canadian should be able to stand against something that is in the national interest. They asked why we could not just put a clarification in the bill to make that clear. They then asked if there was anything else we would not support.

Is there anything else, other than that free, prior and informed consent, that would keep the member from supporting the bill?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 7 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, that is a big part of it, but, as I said, we are not opposing UNDRIP per se. We are opposing the government's lack of due diligence. When it comes to free, prior and informed consent, that is a big piece of it. We saw, as the member rightly mentioned, this with the Wet'suwet'en community.

The elected chiefs and the band councils, which had just gone through an election process in which many of the candidates were victorious on pro-energy platforms, wanted to move ahead with the energy project that was pre-approved. Then the hereditary chiefs expressed concern. When we talked to the members of the elected bands and councils, they felt that their voices were not even heard in this debate.

This is why we need that clarity. This is why we need the certainty for industry and we need to ensure that consultations are done properly and in a meaningful way, so we have certainty and also the conversations to address any problems.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

February 17th, 2021 / 7 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

It being 7 p.m., the House will proceed with the consideration of Private Members' Business as listed on today's Order Paper.

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

April 15th, 2021 / 10:20 a.m.
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Ottawa—Vanier Ontario

Liberal

Mona Fortier LiberalMinister 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 at second 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 at second 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.

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April 15th, 2021 / 10:20 a.m.
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Liberal

The Speaker Liberal Anthony Rota

Pursuant to Standing Order 67.1, there will now be a 30-minute question period.

I invite hon. members who may wish to ask questions to rise in their places or to activate the “raised hand” function so the Chair has some idea of how many wish to participate in the question period.

The hon. member for La Prairie.

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

April 15th, 2021 / 10:25 a.m.
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Bloc

Alain Therrien Bloc La Prairie, QC

Mr. Speaker, once again, the government is imposing time allocation, better known as a gag order.

This is an exceptional measure that should only be proposed on rare occasions and agreed to even more rarely. It is an exceptional measure that applies to exceptional circumstances.

However, the current government has made a habit of using this measure. It almost always imposes gag orders and time allocation motions. That has become the government's modus operandi.

Why is that the case? I think that the answer lies with the current government's management of its legislative calendar, which has lacked rigour and effectiveness. Even though the opposition parties often co-operate, the government is still not managing its calendar properly and always ends up imposing time allocation motions.

Bill C-15 is an extremely important bill. Today is the second day of debate. The first day, we debated this bill for only an hour and now the government is already moving a time allocation motion.

Of course, Bill C-15 is very important for first nations, but it is important to understand that the debates in the House are also very important, and the government needs to respect that.

My question is simple. Why does the government want to stop debate at this particular point in time?

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

April 15th, 2021 / 10:25 a.m.
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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice

Mr. Speaker, I thank the hon. member for his question. Obviously, I agree with him about the importance of Bill C-15.

First, there are no surprises in the bill. It is based on a previous bill introduced by our former colleague Roméo Saganash, so members are familiar with it and it has already been debated in the House of Commons and studied in committee. We therefore need to move forward.

With regard to the work of the House, the Conservative Party's strategy is to filibuster all of our legislation. That is what it did to the bill on medical assistance in dying, the 2020 fall economic statement and the net-zero legislation. The Conservative Party always tries to stop bills from being examined and passed by filibustering.

That is why I want to thank the NDP and the Bloc Québécois for their co-operation on the bill on medical assistance in dying. As a result of that co-operation, we are able to move forward and pass very important bills that represent progressive measures in the history of our Parliament and our country.

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

April 15th, 2021 / 10:25 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Before we move on to questions, I would ask members to keep their interventions to no more than one minute.

The hon. member for Haliburton—Kawartha Lakes—Brock.

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

April 15th, 2021 / 10:25 a.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I find it kind of ironic that the government continues to use time allocation on a bill that purports to provide indigenous Canadians with free, prior and informed consent and that the Prime Minister has chosen to ignore the multitude of indigenous leaders who have yet to have their voices heard.

We support the aspirations of UNDRIP, we have been perfectly clear about this, but there are significant issues that need to be addressed with this legislation. We need to get this right, we need to define “free, prior and informed consent” before it moves through the legislative process. For example, it has taken over 10 years to gain clarity from Canadian courts on section 35 rights enshrined in Canada's Constitution.

The lack of clarity, that lack of understanding of key concepts of Bill C-15, threatens to turn the clock back on economic reconciliation and dismantle the hard work of indigenous leaders. How does the government actually justify ignoring the legitimate concerns indigenous leaders and communities have on Bill C-15?

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

April 15th, 2021 / 10:30 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I will not challenge the hon. member on his sense of irony, given his party's dilatory tactics every step of the way with every piece of government legislation.

What I can say is that this bill is built on a previous bill, Bill C-262, brought forward Romeo Saganash. There are no surprises. These discussions have been had in the House of Commons and are continuing to be had with indigenous leadership in all its forms across Canada, in all its diversity across Canada.

With respect to FPIC in particular, it is a contextual process that will often have a study at committee stage, and that will happen. I know INAN has already done a prestudy largely focusing on that point. There is more than adequate discussion thus far, and that discussion will continue through the rest of the parliamentary process.

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

April 15th, 2021 / 10:30 a.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Mr. Speaker, it concerns me because we had the first half of debate for second reading a couple of months ago yet the government continues to stall debate, and now once again we are forced into time allocation.

I am wondering why the government has put off this bill knowing that in the last session of Parliament this bill ended up not being passed through the Senate because it did not have enough time. Why are we now at the 11th hour again, forcing the government to put in place time allocation?

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

April 15th, 2021 / 10:30 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I want to thank the hon. member for Winnipeg Centre for her work on this issue and her leadership on this issue, as well as the leadership of her party in hopefully supporting this time allocation motion.

We are here because of the dilatory tactics of the Conservative Party on other measures, such as the fall economic statement which was debated. Those debates were repeated ad nauseam even though the content of that bill was meant to help Canadians in facing the worst pandemic we have faced in 100 years.

We are here because this bill is known to the House of Commons. As the hon. member points out, it went through the previous Parliament in its previous form when it was brought forward as a private member's bill by Romeo Saganash. It only died in the Senate because of, again, the blocking and dilatory tactics of Conservative senators to let it die on the Order Paper.

We are moving because this is a bill that needs to be passed. We need to get to the next stage, which is the action plan co-developed with indigenous peoples across Canada, in order to get us all to a better place. It is a bill about indigenous human rights. We are very much supportive of that and we very much wish to move this forward.

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

April 15th, 2021 / 10:30 a.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Mr. Speaker, I heard an earful from the Minister of Justice about why we have to do this here today. I do not know how much of that is actually verifiable, because I have been in this House many times. Today is the first day that I will get to speak on this bill. I have spoken to many indigenous organizations in my riding and in my province in developing resources across Canada. They all want a say in this matter. They all want to make sure that what we are doing here is the right way to move forward.

I know there are many voices across this House, in all parties, that want to make sure that we do this correctly as we move forward here and this requires actual reading. I hear the Minister of Justice say that Conservatives have been dilatory in this, but this has just arrived here. If we need to choose this to move forward here, let Parliament sit, let us get these things heard and let us move good legislation forward in this House.

There are so many issues presented in this legislation that need to be addressed by this House openly by all members of this House, discussed so we know exactly what is on the table here and what will change going forward. To rush this bill through, as opposed to anything else the Liberals have put on the table to use as delay tactics in this House, is insincere.

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

April 15th, 2021 / 10:30 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I am glad that the member is generally supportive of UNDRIP and that he is in dialogue with indigenous leadership in his province. It has been clear in this session of the House of Commons that the Conservatives will resort to dilatory tactics. We saw that with respect to MAID when they refused every single attempt to prolong debate, despite the fact that outside of the House of Commons the justice critic was saying precisely that he would debate it in extended hours. Every time we brought forward a motion for extended hours, they refused.

We are here today simply because the Conservative Party will use every dilatory tactic in its book in order to slow down the progress of progressive legislation, such as this piece of progressive legislation. We have debated a previous version of this bill in the House. A committee has studied it. The INAN committee has done a prestudy of this bill. We will continue to move forward in dialogue with indigenous leadership across Canada and in dialogue with members in this House who are sincere about the ideals in this bill and moving this bill forward.

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

April 15th, 2021 / 10:35 a.m.
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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 want the minister to pick up on the idea of the importance of UNDRIP. This is an issue that has been before the House, in one form or another, for quite a while now. When we speak about reconciliation, we talk about issues, such as reforming justice legislation and doing what we can in dealing with systemic racism. UNDRIP also plays an important aspect in reconciliation.

Can he take a broader approach in terms of why it is so important that we pass Bill C-15?

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

April 15th, 2021 / 10:35 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, UNDRIP is 25 years old. It was developed at the United Nations with a great deal of indigenous leadership from indigenous peoples in Canada, such as former Conservative MP, Chief Wilton Littlechild and Sákéj Henderson, along with others.

The contents of UNDRIP are well known. Romeo Saganash then took up the torch in the last Parliament, brought in a private member's bill, which was studied and which went through all three debates in the House of Commons and through committee, but sadly died on the Order Paper because of dilatory tactics by Conservative senators. We also have the example in British Columbia, which has implemented UNDRIP legislation at the provincial level.

There is a great deal of knowledge about what the potential for UNDRIP would be. Fundamentally, this is a human rights document about the human rights of indigenous peoples and this is a good piece of progressive legislation that needs to move forward.

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

April 15th, 2021 / 10:35 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I agree wholeheartedly with the justice minister that getting the United Nations Declaration on the Rights of Indigenous Peoples passed is a fundamental human rights issue. I am concerned that we are once again at the 11th hour. We had so much opportunity to discuss these issues and now we are having to use time allocation. To me, this reflects a larger problem: The Liberals talk about working with indigenous people, but continue to ignore their legal obligations.

For example, I would like to ask the minister about the issue of St. Anne's Indian Residential School, where the justice department lawyers suppressed evidence, presented false narratives, lied at hearings and had cases thrown out. They are ignoring Justice Glustein, who has ordered them not to destroy the documents. They have set up this so-called process that is actually excluding over 160 survivors and will make no effort to even include them.

The minister has not even talked to the survivors, so how can he come to the House and talk about how the Liberals are going to work for reconciliation when they refuse to even speak with Edmund Metatawabin and the leaders of St. Anne's about the crimes that were committed in those hearings by justice department lawyers?

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April 15th, 2021 / 10:35 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, the hon. member's question allows me to correct some of the misconceptions in the public domain.

In 2016, Department of Justice lawyers went to the Supreme Court of Canada arguing precisely to maintain the records from St. Anne's and other residential schools because of their importance to Canadian polity and our sense of history, as well as to the justice that would be possible for survivors, and we lost. The Supreme Court of Canada ruled that those documents had to be destroyed.

We are in a process of trying to work within the parameters of that decision to maintain documents for as long as possible, so that survivors will have access to them to the extent that it helps their claims. Our lawyers are working in good faith to try to preserve those documents for as long as possible, notwithstanding the order from the Supreme Court of Canada. I welcome the recent ruling by the Ontario Court of Appeal that we are studying carefully, which hopefully will give us the continued wiggle room not to destroy any documents.

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April 15th, 2021 / 10:40 a.m.
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Green

Jenica Atwin Green Fredericton, NB

Mr. Speaker, there is so much to say here and so much to clarify. The arguments are extremely nuanced. The implications of this bill are profound. There are voices that must still be empowered through this process. This is for all of Canada. Canadians deserve a fulsome debate. MPs deserve the opportunity to contribute to that fulsome debate.

Would the minister agree that even good, progressive legislation has to go through the parliamentary process? We need to have these conversations out in the open. There are many voices, on either side of the bill, who should have their day in the House of Commons. Would the minister agree?

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

April 15th, 2021 / 10:40 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I would agree with the hon. member in principle. We need to hear voices and we need to move legislation through, but I remind her that this is a process that began 25 years ago with the passage of UNDRIP at the United Nations. It is a process that was picked up in Canada by Romeo Saganash in the previous Parliament. It is a process in which we will continue to be in dialogue with other parliamentarians and continue to be in dialogue in a distinctions-based fashion with the myriad forms of indigenous leadership across Canada.

This is just a way station in the process. It will continue through the development of an action plan for the implementation of UNDRIP afterward. I would suggest to the hon. member that is really where the heavy lifting is going to be done with respect to our relationship between indigenous and non-indigenous people in Canada. I agree with her, but we have to be careful to not let perfection be the enemy of the good. We need to move this legislation forward in order to get to the next step and—

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April 15th, 2021 / 10:40 a.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

We will have to go to the next question.

The hon. member for Desnethé—Missinippi—Churchill River.

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

April 15th, 2021 / 10:40 a.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, the minister referred to the pre-study at INAN and all the work that has supposedly been done on this legislation already.

I do not want to let the facts get in the way of talking points, but at the pre-study at the INAN committee, we had numerous requests from individual leaders of first nations, groups of people representing first nations, and indigenous business groups that had not had the opportunity to have their say and give their input on this important piece of legislation, because the minister's party limited the amount of debate we could even have at the pre-study at INAN. I understand it has also been forced to have a pre-study in the Senate.

My Bloc colleague pointed out, very clearly, that at this point we have had one hour of debate on this bill. As a new member of Parliament, I am not privy to all of the history and all of the stuff that has happened in prior Parliaments. I have the opportunity and the responsibility as a member of Parliament to speak to this legislation, and to speak on behalf of the many stakeholders who have reached out to my office and who have concerns about this legislation.

For the government to now invoke closure after one hour of debate, before we even get into the second hour of debate, is unconscionable in my opinion. Could the minister explain why he does not want to hear the voices of indigenous leaders who are asking to speak on this piece of legislation?

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April 15th, 2021 / 10:40 a.m.
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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, nothing could be further from the truth.

I have been in constant dialogue with indigenous leadership in its myriad forms across Canada. I continue to be. I did not stop when the bill was tabled in the House of Commons, and I continue to speak to industry groups. We had a specific consultation targeting industry groups across Canada, led by NRCAN. We have had a very intensive consultation process, which continues.

I would point the hon. member to experiences in this Parliament, where we debated a fall economic statement for much more time than we would have debated a budget. Speaker after speaker from the Conservative Party got up and said the same thing. It was the same on MAID: Speaker after speaker got up and repeated the same arguments ad nauseam.

It is the Conservative Party and its dilatory tactics that have forced us into this position today.

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

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I was going to bring up the fall economic statement when trying to highlight what has been going on in the House.

The fall economic statement was introduced on November 30, and we still have not gotten to vote on it because the Conservatives have been dragging their feet.

I actually do not think they have anything against this piece of legislation and that they are going to be supportive of it. What I feel is that, unlike the Bloc and the NDP, the Conservatives are trying to prevent any legislation from getting through so that they can somehow declare a victory, in the sense that we are not able to accomplish anything.

We could look at MAID, which the minister brought up, as well as conversion therapy, which we are supposed to be debating. I have a feeling, based on practices I have seen over the last five years, the Conservatives will not let these issues be voted on unless we come forward with a motion like this.

Would the minister agree with that?

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

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for his question. On this particular day, I also salute our common Italian-Canadian heritage, given our announcement yesterday.

It is critically important to look at the dilatory tactics of the Conservative Party. The fall economic statement is a perfect example, as was MAID: a very important piece of legislation that Canadians wanted and that courts were requiring. Thankfully, in that particular case, the Bloc Québécois stepped up and supported a time allocation motion.

I do not like time allocation any more than the next member of Parliament. I would like to see everything debated fulsomely. However, there is a responsibility, and I know the member for Saanich—Gulf Islands has brought this up on a number of occasions, to debate responsibly, not just with prepared talking points but with new arguments. We are not getting those from the Conservative Party. We are getting arguments repeated ad nauseam for the purposes of delaying.

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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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, we have to talk about the reality today. I would remind the minister that it is actually the government House leader who sets forward what we will be debating.

I am in total agreement. I want to get this through the Senate this time. I was part of the last Parliament. I saw this bill go through. I fundamentally believe that the need for legislation that is going to help us build a framework to acknowledge indigenous rights and title in this country is imperative. However, doing it this way is really a choice of the government.

When we look at the long history that we have here, we still have indigenous communities without clean drinking water. We still have indigenous communities trying to take steps forward, and we have the government blocking the way at every step. I am really disappointed that this is the only way that the government sees the bill being able to go through.

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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Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for her dedication to this process. I am glad that she brought up the process last time for Bill C-262, under the leadership of Romeo Saganash, where we did get it through all three readings in the House and then it died in the Senate. We do not want this bill to have the same fate. The composition of the Senate is different now. In particular, thanks to our government, there is a great deal of indigenous leadership within the Senate itself, which is absolutely fantastic and a wonderful point in Canadian history.

Again, I do not want perfection to become the enemy of the good. We have had a robust consultation process. That robust consultation process will continue through the rest of the parliamentary process and through the Senate process. In particular, that robust engagement and collaboration process will be part of the bill once it is implemented in the action plan. This is a positive way forward. This is long overdue. There are no surprises in the bill, and this is the time to do our best as parliamentarians to move this forward and engage in those substantive debates as we move forward through the action plan.

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

The Deputy Speaker Conservative Bruce Stanton

For those keeping track, we are going to try to get three more questions in.

We will go next to the hon. member for Haliburton—Kawartha Lakes—Brock.

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?

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

April 15th, 2021 / 12:05 p.m.
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Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, I thank my colleague for his comments and his question.

This bill certainly is timely, and much of it makes sense. As I said several times in my speech, we are behind the times. I would not want to shut down this debate or these discussions, but I would like things to move ahead quickly so the bill can be passed and brought into force.

I often talk about my personal life. We are members of Parliament, but we are also people, and that shows in what we do. I like when we are proactive and decide to step up and do the courageous thing. I am a Bloc member, obviously, so for me, respect for human rights is a given. We have to pass this bill. Given everything that has been said so far, I do not see how anyone could oppose it.

Yes, this is an opportunity we must seize, and I hope the government will expedite the process and put this bill on its legislative agenda so we can pass it quickly.

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

April 15th, 2021 / 12:05 p.m.
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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Mr. Speaker, I thank my colleague for her very dynamic and very clear speech.

For members from regions where many indigenous peoples live, the fight for justice for them is particularly important. These peoples are very resilient, even though they continue to live in Canada in conditions comparable to those of third world countries and their rights are oppressed.

Does my colleague agree that the government's fine talk about reconciliation and the importance of its relationship with indigenous peoples is not enough? What it must do is take real action. We must pass this historic bill as well as make significant investments and do whatever is necessary to deliver justice to indigenous peoples across the country.

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

April 15th, 2021 / 12:05 p.m.
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Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, I thank my colleague for the question. I know that the first nations are important to her because we have had the opportunity to talk about it.

Of course I wish the government would do more than pay lip service and express its good intentions to legislators. We want real action, and we can simultaneously work on an implementation plan. I imagine that in 15 years, some thought has been given to how to bring in the required measures.

My colleague talked about living conditions comparable to those in the third world. With all due respect to the first nations, in some places there is no drinking water and no one is ever sure when the food will arrive. Some communities are grappling with climate change. Then there are all the problems related to COVID-19: How can they respect social distancing rules when they do not have a roof over their heads and have to share housing with several families? How can they protect themselves when they have to isolate but someone shows up with the virus?

It is not just those regions that are far away; often,our knowledge of first nations is also miles away from where it should be, to make a play on words. I would urge my colleagues to find out more about first nations. Anyone who is less familiar with first nations, who may not have had the opportunity to see their communities or to visit them regularly, might learn something about how important this bill is.

People in some of these communities do not even have access to clean drinking water or have a roof over their heads. This is 2021. We have a duty to act.

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

April 15th, 2021 / 12:05 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, it is good that I can ask some questions on this subject, but it is unfortunate that it is in the context of time allocation. Once again, we find ourselves in this situation.

The member from the Bloc talked about a number of myths. I would ask her to comment very specifically on the fact that it is a myth that all indigenous peoples in the country oppose resource development. In fact, I hear from many indigenous peoples across my constituency, my province and the country. They have expressed great concern about the implementation of UNDRIP and some of the associated policies that inhibit the economic opportunity of indigenous peoples, specifically in regard to resource development.

The member talked a little about some of the myths, and I would like her to comment on whether she would acknowledge that it is in fact a myth that all indigenous peoples oppose resource development.

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

April 15th, 2021 / 12:10 p.m.
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Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, the myth is that all indigenous peoples oppose development.

In my riding of Manicouagan, we have mines, fisheries, hydroelectricity and a number of related projects. I come from a resource-rich region, and these projects are already happening.

What we want is free and informed consent. First nations are interested in their economic development. If there is a myth, it is that first nations are not interested in their economic future, but that is completely false.

First nations want to be consulted. I think that is what the people of Quebec, Alberta, Saskatchewan, Ontario and New Brunswick want as well. Asking first nations what they think and seeking their consent is the right thing to do, as history shows. I am thinking of Hydro-Québec in particular.

First nations are interested in their economic development. They believe that adopting the declaration and enshrining it in Canadian law will help them.

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

April 15th, 2021 / 12:10 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, it is so important that we are having this conversation. I want to talk about some things that are a little Alberta-specific, so I hope the member will be patient with me.

Since November 2016, the Metis Settlements of Alberta has unanimously endorsed the United Nations Declaration on the Rights of Indigenous Peoples. Although the legislation before us comes late and has lacked full consultation, as we have heard in the House today, it is a first step that has the potential to ensure a real working framework for better outcomes for indigenous peoples, including for my colleague, Blake Desjarlais from the Métis community of Fishing Lake, one of eight Métis settlements in Alberta.

Although the original content of the bill under former Bill C-26 is lacking in this version, we need to ensure that the intent is still to ensure true nation-to-nation relations and real reconciliation that must put indigenous people in the driver's seat.

I am wondering if the member could comment on this. Does the member agree that this is, in fact, the true goal of UNDRIP, to ensure that indigenous people are in the driver's seat and are leading the reconciliation?

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

April 15th, 2021 / 12:10 p.m.
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Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, I thank my colleague for her comments.

I am pleased that she spoke about what is going on in her home province. We are here to work together, debate and improve the bill. She made some compelling comments.

I completely agree that the first nations must be at the forefront of our discussions. I am a member of the Bloc Québécois, so I want to speak for Quebec. I do not want others to decide what is good or bad for Quebec. That is a decision for me and all Quebeckers to make. The same goes for first nations.

First nations have rights too, and I want them to be able to weigh in on this issue.

As an elected official and a human being, I feel strongly about being able to make free and informed decisions, and first nations are no different.

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

April 15th, 2021 / 12:10 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

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.

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

April 15th, 2021 / 12:30 p.m.
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Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, I thank my hon. colleague so much for her incredible, impactful words today. She has articulated so many of the things that need to be said more often in this House.

I have struggled with this bill. I have high hopes, but I also have those same concerns and that same mistrust. I am thinking of court cases, child welfare, residential school survivors, the boil water advisories, the lack of action on missing and murdered indigenous women and girls, the snail's pace of implementing the TRC recommendations, the poverty, the state of housing.

I wonder, will this bill truly address the situation? For communities on the ground, day-to-day band operations, what will this mean in practice? That is the question I am having trouble articulating. Is it symbolism over substance, or can I believe in Canada this time around?

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

April 15th, 2021 / 12:35 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it provides us with another legal tool that we can use to protect indigenous rights in this country, which include treaties, international law, domestic law and indigenous law. It provides us with another legal tool we can use to affirm our rights. It does not take away from or impact our rights, it affirms the application of the minimum human rights standards articulated in UNDRIP as having application in Canadian law, and it is beyond time that this happen.

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

April 15th, 2021 / 12:35 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, one of the proudest moments in my parliamentary career was being in the House of Commons on May 30, 2018, and voting alongside Romeo Saganash on the third reading of Bill C-262 and sending it to the Senate, where, sadly, it languished for an entire year before the first round of debate began.

I want to ask my colleague about the inconsistent approach the federal government often has when saying it wants to uphold indigenous rights and the sort of selective application of the UN declaration. My riding of Cowichan—Malahat—Langford is being plagued by an anchorages issue that were all established without the free, prior and informed consent of the Halalt, the Lyackson, the Penelakut, the Stz’uminus and the Cowichan peoples. Parks Canada is making a huge effort to consult with these nations in the establishment of a national marine conservation area, but when those same nations raise concerns about the anchorages to the Minister of Transport, we get dead silence.

I would ask my colleague about the totally inconsistent approach that we get from different departments of the federal government.

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

April 15th, 2021 / 12:35 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it is important to recognize that there has been a normalization in this country of violating the rights of indigenous peoples, as we have seen globally. We need to move beyond decision-making that is made only when it suits our economic and political interests and brushing it aside when it does not. Human rights are human rights. Human rights are a non-partisan issue and need to be applied.

This bill would provide application of the United Nations Declaration on the Rights of Indigenous Peoples into Canadian law. It would clarify rights that have already been affirmed through the courts, through hundreds and hundreds of Supreme Court rulings, so it is necessary. That behaviour is colonial behaviour and if we truly want to move beyond reconciliation, we have to at least uphold the minimum human rights of indigenous peoples in this place that we now call Canada.

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

April 15th, 2021 / 12:35 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I want to thank my hon. colleague for her incredible passion and the work she has done on this file.

As we speak today, the people of Kashechewan are being forced to face another evacuation. Year in, year out, every spring, the people of Kashechewan have to leave their traditional territory because they are living in a community that is fundamentally unsafe. I bring this up at this point because we have had the Conservative government break agreements with the people of Kashechewan, we have had the Liberal government sign agreements with the people of Kashechewan, but there is no difference between the actions of either party. They continue to ignore the health and safety of people. The Liberals make promises, but do not follow through.

With other year of threat to people's very lives, having to leave their homes in the midst of a third wave of COVID, what does the member think about the government's failure to live up to the obligations of legal contracts that it has signed with indigenous people to guarantee human rights and justice?

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

April 15th, 2021 / 12:40 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, I would like to remind the House that Canada has signed on to international human rights obligations. We are signatories to human rights in the international community, yet the government has wilfully and intentionally violated the minimum human rights of indigenous peoples. We know indigenous peoples in this country, as a result of human rights violations, were already behind and we know as a result of COVID-19, people are even further behind.

The fact that in all the COVID spending, although we were further behind, although indigenous people comprise 5% of the entire population, we were given less than 1% of the overall COVID funding. That is a normalized behaviour in this country that we need to look at. We need to stop turning a blind eye and ensure that all people who live in this place that we now call Canada are ensured minimum human rights. That includes the right to housing, to accessing clean drinking water, to keep their kids, the right to go to school in their own territories, these very minimum human rights that are up for debate almost daily in the House.

I will continue, along with others in the House, to do what we need to do to ensure human rights for all.

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

April 15th, 2021 / 12:40 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I cannot thank the member enough for her comments today. It is so important to hear from her. She is such an ally. I have learned so much from the member about the rights of indigenous people in Canada and around the world. I honour her for her words she has brought forward today.

As the member for Edmonton Strathcona, I would also like to talk very briefly about a community in my province that has been suffering for decades, that has been suffering with insufficient housing, with insufficient care for the people in that community. The community of Saddle Lake has been asking the federal government for years and years for support. I want to flag to the member that the incredible work she is doing is something that I will be sharing with those people. If there is anything she would like to say, any support she would like to offer to the people of Saddle Lake, I would be happy to take that to them after this debate.

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

April 15th, 2021 / 12:40 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, I would like to say that indigenous and non-indigenous peoples, allies, need to unite. We need to unite. The bill is not perfect. It requires amendments, but it is a starting point. We need to stop fighting against ensuring that indigenous peoples have minimum human rights in this country and finally realize human rights for all.

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

April 15th, 2021 / 12:40 p.m.
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Nickel Belt Ontario

Liberal

Marc Serré LiberalParliamentary Secretary to the Minister of Natural Resources

Madam Speaker, I will be sharing my time with the member for West Vancouver—Sunshine Coast—Sea to Sky Country.

I am honoured today to speak to Bill C-15 as the member for Nickel Belt in Greater Sudbury, Canada's mining capital, which is located on the Robinson-Huron treaty territory of 1850 and on the traditional unceded lands of the Atikameksheng Anishnawbek and Wahnapitae people.

I would also like to acknowledge the presence of the Métis people. As a member of the Liberal indigenous caucus, I am especially proud to support this bill, which is so important to the future of my region and the country as a whole.

Like many other members, I work closely with indigenous communities and their leaders to build relationships, mutual respect and, in some cases, good friendships. We all know that too many of these communities across Canada are struggling with the legacy of residential schools, as well as other problems related to systemic racism, intergenerational trauma, housing, access to clean water, high incarceration rates and a lack of jobs.

Today, we are having a debate on legislation that will help us address these enormous challenges. Bill C-15 would bring Canadian legislation into line with the United Nations Declaration on the Rights of Indigenous Peoples. UNDRIP sets out the rights of indigenous peoples around the world, including their right to self-determination and their right to develop their lands, territories and resources.

My speech today will focus on the role that our natural resource economy has played, is playing and will play in helping to right historical wrongs.

Let me share an example from my region. It involves Vale Canada's copper mine and Sagamok Anishnawbek First Nation. The property is less than 50 kilometres south of where I am in my riding, next door to my riding of Nickel Belt and the riding of my good friend, the hon. member for Sudbury.

Work began in the sixties, but hopes to extract the nickel, copper and precious metals vanished in the early 1970s due to the world's low pricing. That was during a time when most Canadian companies did not bother consulting local first nations. The Sagamok Anishnawbek people still refer to this ignorance as a 100-year wall of indifference.

Things have changed and while progressive companies have played a role, credit must go to indigenous rights' pioneers, leaders from B.C. to Nova Scotia, who launched court challenges, starting in the early 1970s, to assert their rights. It was in that context that the Sagamok Anishnawbek nailed down an agreement with Vale prior to the mine opening in 2014.

First nation members got training and access to jobs, which involved everything from underground mining to trucking, hauling and snow removal services. In 2019, the first nation acquired control of the mine's ore and waste rock haulage contract. More important to the community, it was a sense of pride.

At the time, the leaders of this first nation called it a historic event. It will go down in history. The future is here, and I am proud that our government is encouraging these partnerships all across Canada.

I just watched a video on YouTube about another success story in northern Ontario. Honestly, I got choked up.

Last year, Natural Resources Canada provided $500,000 in a training fund for the Agoke Development. The money came from the $13 million three-year indigenous forestry initiative.

Agoke, a forestry company in northern Ontario, is owned by three first nations. Their leaders are determined to create local jobs, especially for youth who otherwise have to leave their families and traditional territories to get employment. Today, they are truck drivers, millwrights, power engineers and heavy equipment mechanics, and some are trained in forestry management.

One of the youths in the video said that he was reluctant to take part, but then his grandparents convinced him to take that leap of faith. That youth was bursting with pride when he was asked if he was glad he had applied. He said that it was life changing. A young woman echoed that sentiment, telling other youth, “Honestly, just to sign up.“

The Natural Resources Canada program also gave $330,000 to the Cree first nation of Waswanipi in Quebec, which is located 800 kilometres north of Montreal. This financial assistance enabled the first nation to reopen a shuttered sawmill. That is fantastic, but the government cannot do this alone.

We need the private sector and its private purchasing power. Industry is answering the call, not only because it is the right thing to do, but also because it is a good business decision at a time when many companies are experiencing labour shortages, especially in areas that are remote and near indigenous communities. The oil industry already supports more than 10,000 indigenous jobs and has invested some $12 million in the communities.

Just last spring, the Canadian Association of Petroleum Producers reaffirmed its 2016 endorsement of the UN declaration as a framework for reconciliation. The LNG sector has helped set the pace. In fact, the Conference Board of Canada said recently that this sector had the potential to close the gap between indigenous and non-indigenous people.

Meanwhile, the Mining Association has taken action to support and embrace UNDRIP.

It revised its indigenous and community relationships protocol. This will make it possible for its members to align themselves with the requirements of our new Impact Assessment Act, our government's initiative to achieve the objectives of the declaration.

There are approximately 1,200 indigenous communities located near several hundred active mines and more than 2,500 active exploration properties. These agreements provide for training programs, apprenticeship opportunities, and substantial scholarships and retention bursaries. The objective is to provide transferable skills that can be used after the mine shuts down.

The forest products industry also recognizes the importance of establishing partnerships with indigenous peoples, 70% of whom live in or near forests.

In B.C., for instance, the various partnership agreements have brought roughly $250 million in benefits to indigenous communities. This progress is not confined to traditional resources and industries. Many communities will take part in a clean energy wave as we drive toward a net-zero 2050 target.

In northern Alberta, our government is helping indigenous communities build Canada's largest off-grid solar energy farm. This is hardly an isolated incident. The Conference Board of Canada noted that indigenous communities owned half of Canada's renewable projects, which is making real progress.

However, the truth is that there is still more work to do be done. That is why everyone, government, industries and these communities, must work harder and together to build that foundation of trust.

The natural resources sector is the largest employer of indigenous peoples in Canada. The natural resources economy provides jobs, equities and opportunities for indigenous businesses and impact agreements that benefit communities adjacent to natural resources. UNDRIP will provide a clearer picture for resource development in Canada, helping to ensure these projects are done in full partnership with indigenous people.

Working together, we can be part of correcting this grave historic injustice. I urge all members of the House to support the bill.

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

April 15th, 2021 / 12:50 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I appreciate the opportunity to enter into debate on this subject, although it is unfortunate it is under the auspices of time allocation.

I heard from a number of indigenous leaders, communities and individuals, who are very concerned about the consequences a legislated implementation of UNDRIP would have on their ability for economic self-determination. Certainly, I appreciate the fact that the member brought forward a number of concerns about how stakeholders needed to be engaged and whatnot, but I am concerned about how some indigenous leaders see this as having possible negative consequences on their ability to participate in Canada's economy.

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

April 15th, 2021 / 12:50 p.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Madam Speaker, the bill has provided some opportunities for consultation. Some indigenous communities have concerns, but the vast majority of indigenous communities are in support of natural resources and work collectively with a natural resources company. It is clear that many, if not all, of the industries have embraced UNDRIP. They know that we need to consult with indigenous communities. They know that to get resources to market, we need to partner and we also need to look at a net-zero plan by 2050.

This is important for the consultation that is happening. It is important that we pass the legislation. We need to move forward. We need need to build the trust with indigenous communities, and the private sector is leading the way.

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

April 15th, 2021 / 12:55 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I listened with great interest to my hon. colleague. He talked about what went on in his backyard, the lack of consultation with first nations people and the fact that first nations youth had to leave the north, again and again. What is happening in his backyard is the destruction of the indigenous languages, the indigenous education, the indigenous politics and environmental programs at Laurentian University. There has been no consultation with them and that member has gone to ground.

The member talks about how great it is that indigenous people can learn to drive trucks. Yes, they know how to drive trucks all right, but we have a world-class program at Laurentian to ensure access for indigenous youth not to have to leave the north, but to stay and be doctors, nurses or teachers. It is being wiped out and that member has not bothered to stand up and fight for them.

How can he have the nerve to talk about consultation with first nations now while this program is being wiped out on his watch?

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

April 15th, 2021 / 12:55 p.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Madam Speaker, it is always interesting hearing the member speak, because he could not be further from the truth. We all agree that the program cuts that are happening at Laurentian University are unacceptable. The indigenous, the environment and what is happening is unacceptable during the court proceedings.

However, I want to assure the House, members of Nickel Belt and Greater Sudbury, indigenous peoples and people all across my riding that I have been standing up. Our government will be supporting a plan that has been proposed. This is something we have to do.

Today, we are debating the consultation approach that we have taken. We are debating UNDRIP. We need to pass this legislation. We need to do this now. The urgency is here. We have supported it over the years and now we need to pass it. I hope that tomorrow my colleague and all the members of the House will take that initiative to ensure it is passed.

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

April 15th, 2021 / 12:55 p.m.
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Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, resource development and extraction have offered some opportunities for first nation communities: training, jobs, accommodation agreements and perhaps economic prosperity in certain cases. The trouble with highlighting only the positive is that it lacks integrity; it comes off as disingenuous. We know many of the ways that resource development and extraction have actually used and abused indigenous territories and peoples.

Could the member comment on some of the ways that missing and murdered indigenous women are impacted by, say, man camps that accompany this development?

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

April 15th, 2021 / 12:55 p.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Madam Speaker, obviously more work needs to be done. The House of Commons and all political parties need to support indigenous communities across the country. We need to ensure that we look at housing and clean water, and at the many issues facing first nations. We have many issues to deal with, and we will be taking action. We are making great strides. We need to promote the good that is happening in indigenous communities and we need to do better.

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

April 15th, 2021 / 12:55 p.m.
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Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Madam Speaker, good day and áma sqit. I am speaking to members today from the traditional unceded territory of the Coast Salish peoples, including the territories of the Squamish, Tsleil-Waututh and Musqueam nations. My riding also includes the traditional unceded territories of the Líl'wat, the Shishalh and the N’Quat’qua nations. I am very grateful to also call this place my home.

Tanúyap. It is particularly important to start with this language acknowledgement as we are debating Bill C-15, which seeks to implement the United Nations Declaration on the Rights of Indigenous Peoples into Canadian federal law.

It is important because we need to remember that indigenous peoples have lived on these lands and waters since time immemorial. Their laws, their practices and their ways of life did not end when settlers reached Canada’s shores. However, our nation has stubbornly not been able to reconcile this reality and has instead sought to carve out a box, figuratively, to isolate first nations in society. It has sought to marginalize indigenous people in Canada or to assimilate them into society more widely.

The actions of settlers and Canadian governments over time have been to dispossess indigenous peoples of the land they enjoyed communally, to separate families, to suppress indigenous culture and to deny the same basic rights to indigenous peoples that the rest of Canadians enjoy freely.

The advances on indigenous rights we have seen in our country were not simply given to first nations. They were the result of long, arduous litigation that led to the development of aboriginal law. This was by no means easy: It started from a point of first nations not having the right to legal counsel to having rights protected under section 35 of the charter. The common law has evolved to recognize aboriginal rights to traditional practices such as fishing under indigenous leaders and visionaries like Ron Sparrow.

Recognition of aboriginal practices and title in seminal cases such as Delgamuukw had to be built from an evidentiary base that was recorded through oral history, when the law did not recognize it. These cases had to be heard in front of leading jurists who, only 30 years ago, dismissed indigenous ways of life as nasty, brutish and short before they finally worked their way up to the highest courts in our land where our laws continue to evolve.

The adoption of Bill C-15 would help flip this script with the government finally taking a proactive approach to recognizing the rights of indigenous peoples, including the inherent right to self-determination. Nothing less is required to move forward in reconciliation.

Since 2016, progress has been made by introducing new approaches to negotiations and establishing mechanisms for co-operation and collaboration, as well as through ongoing steps to implement and respond to the recommendations of the Truth and Reconciliation Commission. The Truth and Reconciliation Commission has called upon the Government of Canada to fully adopt and implement the declaration as a framework for reconciliation, and Bill C-15 responds to calls to action 43 and 44.

Bill C-15 would take this step by further requiring that our laws be consistent with UNDRIP, or else modifying them so that they are. It is a simple and short bill, but its implications are wide-ranging. For that reason, an up to three-year timeframe is established to develop an action plan to implement this legislation. I know that seems like a long time, but when we consider that this implicates all federal ministers, the whole of government, and 634 first nations in this country speaking 50 different languages, as well as the amount of federal legislation that will have to be looked at, we can understand the scale of the task.

This is not the first time we are debating this bill in this chamber. This bill was first introduced by Cree former Liberal MP Tina Keeper in a 2008 private members' bill, which failed to be enacted. Former NDP MP Romeo Saganash’s private member's bill passed in the House, but unfortunately languished in the Senate for over a year before the last election.

I have to emphasize that we are not the first movers in this space of adopting this bill into domestic legislation, given that the provincial government in British Columbia did so in 2019. We can learn from its experience. The sky has not fallen since. Instead, the province has had one of the most robust economies in our country since then. I mention this to dispel a common misconception about the likely impact of this bill.

When it stalled the previous iteration of this bill, the official opposition in this chamber and the Senate voiced fears that the article recognizing free, prior and informed consent from indigenous people for projects on traditional indigenous land would paralyze resource development. However, these fears disregard the fact that the Government of Canada already aims to secure free, prior and informed consent when actions are proposed that impact the rights of indigenous peoples on their lands, resources and territories. Case law has grown to recognize that significant impacts to closely held rights require a meaningful process that seeks consent, in practice anyway, to uphold the honour of the Crown and to meet constitutional obligations under section 35.

These fears also disregard that industries already work from within this frame because their shareholders expect it, because it is necessary for social licence and business certainty, and because they know that the projects will become fixtures in the communities. Partnership with indigenous peoples is the way forward.

Giving first nations a say in projects that affect them does not mean that projects do not get built. It means that bad projects do not get built, and that the issues that impact first nations are addressed in the process. The Squamish Nation in my riding pioneered an indigenous-led environmental assessment process that a major project proponent agreed to be bound by. Rather than reject the project, the EA approved it with important conditions that would mitigate the impacts of the project. From that, an impact benefit agreement was then ratified by the nation through a referendum.

Similar progressive processes have been developed by nations such as the Tahltan Nation in northern B.C., where mining is a hotbed of activity, and the Secwepemc in the interior of B.C. Processes like these are now allowed, and indeed encouraged, by the Impact Assessment Act that became law in 2019. It is a great departure from the assessment regime that the official opposition brought in, in 2012. When the Conservatives were in power, they treated fist nations as stakeholders rather than as the rights holders that they are, and treated consultation with indigenous peoples just the same as with other individuals: as a box-checking exercise. This was not only dishonourable, it was also unlawful, and it is one of the reasons that inspired me to be where I am today.

The Impact Assessment Act is one of nine federal laws that references, and was created within, the spirit of the declaration. We need not fear these developments, because when first nations have clear power over decisions that affect them trust is built, confidence increases and opportunities become available for indigenous peoples. Decolonizing our relationship with indigenous peoples presents perhaps the greatest opportunity for economic growth in this country. If first nations can get out of the absurdly titled Indian Act, they can gain access to basic abilities, such as getting a mortgage from a bank, among many other benefits.

I wish to recognize Shishalh Nation hiwus Warren Paull, who was a councillor in 1986 when the Squamish Nation became the first self-governing nation in our country through visionary leadership, blazing a trail for many other nations. The nation has since developed advanced land-use plans to guide development and is assuming new areas of responsibility from other orders of government. It participates as a full partner in the Sunshine Coast Regional District, has reformed its constitution and voting laws, negotiated detailed provincial agreements on reconciliation and inspired the next generation of leaders, all while continuing complex negotiations on rights with the federal government. This is also happening against the backdrop of a community where survivors of residential schools still painfully recount their experiences.

Chief Paull was one of many dignitaries at the B.C. legislature for the announcement that the province would be the first in Canada to introduce and pass legislation to implement UNDRIP. There he noted that:

It's been 52 years since Frank Calder and the Nisga'a Nation did the first court case on land claims. Since those 52 years and counting, we finally get back to the place where recognition is there.

It is high time, 14 years after UNDRIP was introduced to the globe, that we recognize the same rights here. It is time that we work with first nations proactively to advance reconciliation rather than respond remedially to court decisions. It is time that we co-develop the future that we want to see in this country.

As my time is running out, I will conclude with that.

?ul nu msh chalap.

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

April 15th, 2021 / 1:05 p.m.
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NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, I heard the member emphasize the importance of this being dealt with now, but I had the honour of supporting Romeo Saganash's bill in the 41st Parliament, which ended in 2015. In that election, the Prime Minister promised to pass and implement UNDRIP. We have not seen that happen. We are now a year and a half into the second Parliament with the prospect of this not getting through, as it did not the last time.

Could the member tell us why it is taking so long? How can indigenous people, or any Canadians, take seriously the Liberal commitment to having this actually put in legislation with an action plan for implementation?

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

April 15th, 2021 / 1:10 p.m.
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Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Madam Speaker, as I mentioned in my speech, it is high time that we pass this. It is high time that we implement this in Canada. It has been over 14 years since the declaration was passed. There have been many strong efforts to finally move ahead with this in Canada.

While this process takes place, important progress has been made on implementing some of the principles, but we need to have this as a framework and an action plan so that we reform all types of legislation across the country.

I would certainly agree with the member that it is high time that we pass this. I certainly hope that my colleagues across the House will agree with me as well.

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

April 15th, 2021 / 1:10 p.m.
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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

Madam Speaker, could the member provide further comment on the issue of reconciliation and how important that has been for the government over the last number of years? As the member pointed out, Bill C-15 is another piece of legislation that responds to the calls for action, and to a deep desire that I and many MPs have to see UNDRIP take effect. How important is it toward reconciliation from his perspective?

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

April 15th, 2021 / 1:10 p.m.
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Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Madam Speaker, moving forward with reconciliation is incredibly important for our country.

The Prime Minister has said that our relationship with indigenous peoples is the most important relationship we have. There are significant challenges we have in moving forward with this. This is a long process: It is one that is going to require trust-building to make sure we are able to make the progress that we need to. It is also one of the biggest opportunities that we have in this country with respect to economic development.

We see lots of great progress already. There have been major changes in the way that the Government of Canada approaches negotiations to treaties in British Columbia, which I think is really important progress. We certainly have a long way to go. We have a lot we can learn from the province of B.C., for instance, on how it has been able to move forward in the same respect.

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

April 15th, 2021 / 1:10 p.m.
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Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, we have heard about how quickly we need to pass this piece of legislation, and I understand that perfection in a perfect world is not necessarily what we can aim for.

Significant amendments must be made to this bill. I would like to hear the member's comments on that, specifically about the lack of true intent around including the word “racism.” It is not there. We see instead “systemic discrimination”, and a measure to address injustices. Why does a hesitancy to address racism exist? Could the member comment on that?

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

April 15th, 2021 / 1:10 p.m.
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Liberal

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Madam Speaker, systemic racism exists in our country. I mentioned a few examples, going back over 100 years, of how that has been present.

We just have to look at the lack of access to clean drinking water in way too many areas across our country, and the third world conditions that many first nations live in at this point.

I certainly agree that this is here and we need to make sure we are addressing that through any means possible.

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

April 15th, 2021 / 1:10 p.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Madam Speaker, I will be sharing my time today with the member for Calgary Centre.

I am honoured today to speak to Bill C-15, as the relationship with indigenous people in this country is a lived experience for me growing up and living in Meadow Lake, Saskatchewan. I must admit there is some trepidation on my part as we embark on this journey. The impacts of this bill would be both long-term and far-reaching, requiring more than the seeking of short-term political gains and talking points. The historical relationship between the federal government and indigenous people in this country is filled with distrust that has put in jeopardy the true potential our great country has to offer all of us.

A couple of months ago, in the announcement that the government would not fulfill its promise to end boil water advisories in first nations communities, it was pointed out that the scope of the problem was not fully understood at the time the election promise was made by the Prime Minister in 2015. This is another reminder to all of us that making promises one cannot keep is not an ideal way to develop trust in a relationship that badly needs more of it.

In a Globe and Mail article published recently, it was pointed out that Public Services and Procurement Canada for the past three years “has said a key indicator of the government's economic and social-policy goals was an increase in the participation of [indigenous-led business] in procurement.” Unfortunately, it was revealed in the departmental plans in the last three years that the targets have remained as TBD, to be determined. That is three years that we have seen no change in the ministry's plans to set targets or measure results.

Even worse, to this day, there is not even a mechanism in place to track which bids are coming from indigenous businesses. If the government's goal really was to increase procurement for indigenous businesses, one would think that, at the very least, creating an instrument in its data management system could have been developed in three years. At best, this is an astounding lack of competence.

Further evidence of lowering the bar was in the minister's 2021 mandate letter, where there was not even a mention of the 5% indigenous procurement promise that had been made to indigenous businesses in the past. Instead of doing the hard work and fixing the department's failures, they just removed the targets. It is not exactly an example that one would find in a leadership manual.

These examples illustrate a troubling trend with the government's actions when it comes to delivering results for indigenous people and their communities. It starts with making election promises and getting photographs at press conferences, and it continues by using phrases in ministerial letters, on websites and in announcements like “strongly encourages” and “the most important relationship to this government”. It then ends with walking back the original promise, changing the targets or, in the case of the procurement example, eliminating them altogether. The government tends to act only when it has its back to the wall, after spending too much time walking backwards while making little progress on its promises. We see this again today in the fact that it has to invoke closure on a bill that has seen one hour of debate in this House.

This brings me to Bill C-15. After Bill C-262, the government had ample opportunity and time to develop a national action plan that could have created the certainty and clarity that stakeholders have been consistently asking for. Putting together an action plan before tabling the bill would have allowed for many of the concerns of people across the spectrum to be addressed. The worry that government is putting the cart before the horse is justified, as history has proven that to be the case all too often. Why would we not ensure, on such an important piece of legislation, that we remove as many rocks off the road as possible before we proceed? That approach would alleviate a lot of the judicial quagmire that is sure to follow the passing of Bill C-15 without this transparent road map.

With no certainty, the very real worry is that there will be many court battles over the next few decades because of political short-sightedness. As we have seen this past year with the Nova Scotia lobster fishery issue, that is a path not worth taking. In this relationship, we cannot afford more failures. We have to be honest: Governments have a terrible track record on delivering expectations for indigenous people.

Let me use some numbers that the Indigenous Resource Network shared recently, to show who has not fallen short in delivering for indigenous people and communities in this country.

The private sector has led the way in spending on indigenous businesses. Suncor has spent over $6 billion on indigenous procurement since 1999, including $800 million, or 8% of its total spending, in 2019 alone. Sunova has spent $2.9 billion since 2009, including $139 million in 2019. Imperial has invested $2.6 billion in indigenous businesses since 2009.

Diamond mines in the Northwest Territories spent $5.9 billion on indigenous spending between 1996 and 2017. Agnico Eagle in Nunavut spent $408 million on Inuit businesses in 2019 alone. Teck Resources spent $225 million on indigenous procurement in 2019. Coastal GasLink has spent $720 million on indigenous and local contracts. TMX, when it is completed, will have generated over $1 billion on indigenous-based contracts. Finally, from its own published data, Cameco, a uranium company, has procured $3.85 billion since 2004 from local suppliers in my riding in northern Saskatchewan.

These numbers represent more than just dollars. They represent real outcomes and direct impacts on the daily lives of indigenous people. They allow for investments into communities that have far too long been left out of the opportunities the rest of Canada has enjoyed.

It is often implied that any discussion around economic opportunity and job creation for indigenous people is somehow insensitive to the social issues they face. I believe the opposite is actually true. Advocating for jobs, own-source revenue streams, equity ownership and financial independence is in fact the pathway to self-determination and the solution to many of the social challenges.

The culture of poverty has for too long defined the culture of the people. A culture with such rich history deserves so much better. The private sector has done the heavy lifting in the building of trust with indigenous people and their communities, and it has been doing it for years. It should be recognized and applauded for the advancement of reconciliation and the role it has played in it. Part of that recognition should be reflected in its voice being heard in the areas of this bill it is simply seeking clarity on.

Since Bill C-15 was tabled, I have had the opportunity and pleasure to meet virtually with many indigenous stakeholders. The common theme in our discussions always came back to the lack of certainty in Bill C-15's plan to implement UNDRIP. That is why it is so important that this bill clarify the following issues.

Number one, in the three years the government has given itself to develop an action plan on the implementation of the declaration, what is the approach going to be to collaborating and consulting with indigenous communities, the indigenous business community and the numerous regional and national organizations across Canada so all their views will be considered?

Number two, how will the application of the declaration be applied when there is conflicting support and opposition from the indigenous communities on projects that are both large and vertical in scope? Does the federal government retain the final authority in the decision-making process?

Number three, will not allowing time and space for indigenous communities to find an answer to the question of who has the authority to provide or withhold consent undermine the process? With the current lack of consensus, what does this mean in the years ahead?

Bringing clarity on these issues is the right thing to do. There is a responsibility in the consideration of Bill C-15 that requires us to not only listen to the concerns around the lack of certainty, but to respond by advocating for indigenous people, communities and leaders who are asking for answers to the important questions they are bringing forward.

We have a long way to go in building the lost trust in the relationship with indigenous people in this country. Divisions within Parliament have often led to legislation that is based more on politics than on real solutions. That is why it is obvious that seeking clarity and certainty on Bill C-15 is not only a fair and valid request, but it is the very essence of what the aspirations of UNDRIP require us to do.

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

April 15th, 2021 / 1:20 p.m.
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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

Madam Speaker, it is important that we be really clear. The Conservative members say what they will during the debate, but their actual intentions would be not to allow the legislation to ultimately come to a vote. We have seen that on other types of legislation. Even though they might talk nice in regard to reconciliation and so forth, their actions on this particular piece of legislation, as it was with Bill C-262, say more than their words do.

I am wondering if the member could provide a very clear indication as to why the Conservatives would not have recognized the value of allowing this to come to a vote so at the very least it could go to committee.

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

April 15th, 2021 / 1:25 p.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Madam Speaker, let us just be clear in the question the member is asking. This legislation is already at committee; it has been at committee for weeks already, as we were required to do a prestudy of this legislation at the INAN committee. Maybe we should actually let some facts do the talking.

As I said in my comments, I have had the opportunity to speak to many indigenous stakeholders, and what I have heard and what I understand is that many of them have not had the opportunity to have their input into this legislation. They have asked to come to committee; they have sent letters asking to be at committee, but the member's government limited the amount of time and the number of meetings where we could listen to the evidence at committee, so for him to talk about the Conservatives obstructing the process is literally quite a folly. It is actually the Liberals who have obstructed the process for us to hear from the voices at committee.

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

April 15th, 2021 / 1:25 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I represent a very large natural resources region, and we know that no projects get off the ground without indigenous consent. It is now a fundamental principle.

The issue of consent is important, because it is not just about saying “yes”; it is also about the ability to say “no” when a project has fundamental problems that threaten the environment of traditional territory. I know, from the days when I was working with the Algonquin nation in Quebec, that we actually had to have blockades to get anyone to come to the table. We are talking about a fundamental principle, a principle that has been defined in court case after court case, a principle that the issue of consent is fundamental when we are talking about resource development in Canada.

I would encourage the Conservatives to recognize that if they are willing to work with first nations communities, we are going to move a lot further ahead, but we have seen obstructions against UNDRIP year in, year out. UNDRIP needs to pass before we can move together as a nation.

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

April 15th, 2021 / 1:25 p.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Madam Speaker, in all fairness, I could not agree more with the member. As I said in my comments, not allowing time and space for the indigenous communities to find an answer to the question of who has the authority to provide or withhold consent undermines the process.

What I have heard from the stakeholders, many of them indigenous organizations representing opportunity for indigenous people whose mandate is to end poverty in first nations, is their concern about the uncertainty and the lack of clarity on this particular piece of legislation and how it may hinder their opportunity to fulfill their mandate of serving their people in first nations across this country.

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

April 15th, 2021 / 1:25 p.m.
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Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, I want to ask quickly about some of the words we use. Language is so important, and “reconciliation” has been said time and time again in the House. I have heard from many people who feel that this word is actually losing some of its meaning. In fact, if we think of reconciliation, it means to reconcile, to improve what was perhaps once a good relationship, which we know was not the case.

Could the member speak about reparations and what we could actually be doing in Canada to ensure that we repair a broken relationship?

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

April 15th, 2021 / 1:25 p.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Madam Speaker, I would simply point out to the member opposite that the slogan of my campaign and in my riding has been “Building Authentic Relationships” with the people I serve, in a riding that is 70% indigenous people. I believe that authenticity, being real, having good conversation and listening to the concerns of the people is the answer to repairing the relationship. We have to get out there. We have to be part of their lives. We have to listen to their concerns. We have to consider them valid. It is about building relationships that are real and authentic.

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

April 15th, 2021 / 1:25 p.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, I represent a riding that is in Treaty 7 territory, the traditional territories of the Blackfoot Nation, including Siksika, Piikani and Kainai, theTsuut’ina nations; and Stoney Nakoda First Nation. We acknowledge all the many first nations, Métis and Inuit, whose footsteps have marked these lands for centuries.

Let me start today's debate on Bill C-15, introduced to ensure that the laws of Canada are consistent with the UN Declaration on the Rights of Indigenous Peoples, with the questions I am often asked about its clarifications.

How is United Nations involved? How do its edicts fit in Canadian law, which of course is much more robust? How do the United Nations edicts affect jurisdictions that have an established rule of law? How does UNDRIP consider and affect unique institutional rights, like section 35 of the Canadian Constitution? How do the two go hand in hand? As this is legislation, will it remain subservient to the constitutional law of Canada that supersedes it? What happens to existing Canadian laws? How are decades of legal precedent affected by this declaration?

Who will be the decision-makers? That is, the arbiters to balance the various interests and outcomes of these very pertinent questions. Will it be the same stagnant bureaucrats and interest groups that have ensconced the Indian Act as the status quo, in spite of decades of compulsion from all affected corners of Canada to move beyond this paternalistic legislation? Will it be a star chamber of legalists who have never set foot on the ground or experienced the problems that generations of first nations have been striving to overcome?

One thing is clear: Based on outcomes that have not arrived, the status quo is broken. How do we know it is broken? Let me count the ways. The words that describe the rights of Canada's indigenous people are a meaningful gesture, but gestures themselves are empty. There is no reconciliation that does not include economic reconciliation. Any legislation that we consider must not contribute to any negative impacts on the many indigenous communities that rely on resource development for jobs, revenues and a means to better outcomes. The decision-makers, bureaucrats, legalists, self-serving interest groups, those with a stake in maintaining the miserable status quo, should not be ensconced as roadblocks to the change that Canada requires.

It is also worth noting that those with a large stake in the benefits of the status quo have no stake in the misery associated with the status quo, which is borne by those who have been actually seeking to escape that misery for decades. Wholesale change is long overdue, and bringing forth legislation to secure the interests of these regressive middlemen is the opposite of what Canada and its indigenous population require.

Let me caution the Minister of Justice about placing his faith in the same interest groups and intervenors who have been part of the problem on this matter for decades. If the minister wants to get on the ground and hear about the frustrations with those voices by indigenous Canadians throughout Canada who will be affected by this legislation and the uncertainty it brings forth, please take the time to meet with those groups and have fulsome consultation, which has not happened, including in this House where we have had one hour of debate on it prior to today.

Weeks ago, I asked questions in this House about the effects of the government's actions on the flight of capital for project development in Canada. Oddly, it was after one of the government's appointees blamed risk and uncertainty as the underlying reasons that projects were no longer being viewed as viable investments by foreign capital in Canada. Of course, rather than addressing the causes of the risk and uncertainty and changing the destructive course on which the current government has ventured for six years, the solution seems to be for the government to allocate capital to replace private investment: the magic of social finance to the rescue.

We know what this means. It means more risk and uncertainty for Canada's taxpayers. What are others are recognizing as a problem is going to be a problem for Canadian taxpayers, and the government is doubling down on the risk Canadians will bear. In regard to UNDRIP, this legislation, as written, adds another level of risk and uncertainty to development in indigenous territories.

Prior to this country's battle to get ahead of a pandemic 13 months ago, the biggest issue we were facing, as a country and as a cohesive society, were the blockades that were initiated by certain indigenous organizations in support of some parties opposed to the Coastal GasLink pipeline, traversing Wet’suwet’en territory in northern British Columbia. Do we know who these initiators were? Do we know what standing they had: traditional, authoritative, representative, legal, responsible?

Do we know if these parties had other interests in the outcome? We know the democratic process for the band matters was completely usurped and endorsed by the Minister of Crown-Indigenous Relations, thus by the current government. Therefore, a well-understood process, which had changed substantially, was quickly usurped. Do I need to define “risk” and “uncertainty” for the current government? What does the government see as having legitimacy in the eyes of project proponents? It is definitely not the process as represented. As proponents have attested, if they do not have process, they do not have a path forward.

This bill, Bill C-15, proposes to increase that risk and uncertainty for indigenous organizations and adds another barrier to the participation in economic reconciliation. Even as project proponents themselves attracted real capital for the development of their own economic opportunities, they will be thwarted again by the government. I thank them for the words, but how about some real action? Let me illustrate the costs of that uncertainty.

Kitimat LNG is a project on Canada's west coast. The project has been progressing for a decade, along with its partner development the Pacific Trails pipeline. The project proponents have spent over $3 billion to get to this point, which represents a raft of documentation for the regulators, a gravel pad, full agreement from all 16 indigenous organizations traversed by the pipeline and full partnership with the Haisla First Nation at the project site. Thousands of indigenous jobs, hundreds of millions of dollars of benefits to people in indigenous communities, advanced trade training for a generation of people in those communities and the creation of capacity for advancing economic interests do not arrive out of thin air. In addition, more than 40 million tonnes per annum of greenhouse gas reductions will not be met. Sadly, at the end of the day, this project is on hold because there is no path forward at this point in time. Putting aside the ancillary environmental benefits, another file on which the current government is all talk with little tangible results, economic reconciliation delayed is reconciliation denied. Members should tell their children after 10 years that the reason they could not get a better education and advance their own, their society's and the world's interests is because the process was obscure and caused a decade of delays. Then members will understand the frustration.

The interests advancing this confusion have no stake in the outcome. Let us acknowledge that some of those interests, such as the NGOs that are short-term participants, often funded by foreign actors, have their own interests at heart and are often funded as well by the federal government.

Words and actions: we hear much of the former from the government and receive little of the latter. How many indigenous organizations have to stand up and say to the Minister of Justice they do not think the law will work and are worried that it adds further to the difficulties they have already experienced before he pays attention, before he gathers consensus, before he shuts down debate in the House of Commons on a fundamental piece of legislation that will change our country's governance going forward, including with those groups we are constitutionally bound to consider under section 35 of the Constitution of Canada?

We have seen this minister in action with Bill C-7 on medical assistance in dying. Let me remind members that we moved this bill through this House and, on this side of the House, many of my colleagues supported the government's legislation before it went to the Senate. The minister manipulated that legislation in the other place and brought it back here in an entirely different form that ignored the at-risk groups that were left behind in the legislation. As a result, as that represented manipulation, we voted against the process. It was not democratic.

Does the minister believe that first nations organizations have not recognized his actions? Does he think they are unnecessarily wary of his non-democratic tendencies and partiality to other interested parties? I will repeat that there are many who are moving this legislation forward who have no stake in the outcome. That spells moral hazard and we must divert it.

Real outcomes, accountability and trust are in short supply with the current government. We must do better.

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

April 15th, 2021 / 1:35 p.m.
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Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, I appreciate the comments of the member across and I appreciated him talking about uncertainty with respect to these protests and blockades. I want to ask him about a blockade that occurred in my riding. It was a famous blockade that occurred in Ontario in central Canada that lasted for three weeks and it impacted many billions of dollars worth of commerce.

I spoke to the local chief of that nation in my riding and we were trying to think of a way to end this blockade. He told me that many protesting would not heed his calls to remove the blockade because they did not respect his title of “chief” under the Indian Act. These individuals claimed that they themselves held hereditary rights to the chief role.

Does the member believe that Bill C-15 would make this type of scenario more likely to occur in the future?

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

April 15th, 2021 / 1:40 p.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, that is a very important question because I have met with indigenous organizations in my riding and across Canada. One of the exact issues that they brought forward is who has standing to say that “you need my consent in order to move this forward”. Does that consent now come at the high school level when every person has to step forward or does it come with an actual legitimacy? We have experienced that across the country. It has been brought to our attention that this is a fundamental that has to change. We have to recognize who actually has the authority to give that consent or withhold that consent at the end of the day. That is not clear at all in the bill.

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

April 15th, 2021 / 1:40 p.m.
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Bloc

Julie Vignola Bloc Beauport—Limoilou, QC

Madam Speaker, self-determination means being in a position to accept or reject a project. It also means knowing who has the authority to do so.

Unfortunately, the Indian Act is fundamentally racist, given its concepts and archaic nature. Bill C-15 is about reconciliation.

Does my colleague believe that to achieve total and clear reconciliation, the Indian Act must also be changed?

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

April 15th, 2021 / 1:40 p.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, I agree with my colleague.

I am certainly proud to talk about the existing constraints of the Indian Act. That has to change now. Maybe they should cease to exist. I hope we will see that in the next Parliament.

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

April 15th, 2021 / 1:40 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, my colleague is somebody from my neck of the woods and someone I consider a friend. I miss being able to talk with him in the lobby and share our different perspectives.

I want to talk about a specific Alberta issue. In Alberta at the moment he will know there is a lot of debate around coal mining and about mountain top coal mining. I have worked quite closely with indigenous groups in southern Alberta to help them protect their rights, to work with them to ensure their rights are protected. They brought forward a petition that had 18,000 signatures calling on the government to protect treaty aboriginal rights, water rights, species at risk rights and the environment.

I am wondering why the member feels that implementing the United Nations Declaration on the Rights of Indigenous Peoples would not provide more clarity, more certainty for investment decisions, not less. By involving indigenous people in the beginning of the project, it seems that would make it an even stronger proposition.

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

April 15th, 2021 / 1:40 p.m.
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Conservative

Greg McLean Conservative Calgary Centre, AB

Madam Speaker, the coal development they are looking at that has been petitioned in southern Alberta has been in the process for over a year. I think it started in 2013, so it has transcended different provincial governments and indeed different federal governments and has a multi-party, multi-level of government environmental assessment review going on at this point in time.

It is important to make sure that we bring everybody in at the front of the line, but have a process involved that actually says, here is where we get input from all of the different actors or interests that are involved in any type of natural resource project development, especially coal mines.

I understand the provincial government is looking at that very clearly and potentially reverting to a policy that has been in the works that existed back in the time of Premier Lougheed. It is a very good piece of legislation that made sure we protected those interests and the nature that we need to uphold, especially in the Rocky Mountain eastern slopes.

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

April 15th, 2021 / 1:45 p.m.
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Labrador Newfoundland & Labrador

Liberal

Yvonne Jones LiberalParliamentary Secretary to the Minister of Northern Affairs

Madam Speaker, it is a pleasure to speak today to Bill C-15.

I am pleased to support the United Nations Declaration on the Rights of Indigenous Peoples bill that is before the House of Commons today. I am speaking today from my riding of Labrador on the traditional territory of the Inuit and Ainu people of our great land. We have one of the most beautiful, prosperous areas in the subarctic of Canada. We are very proud Canadians.

I think we can all agree that today's discussion on Bill C-15 is part of a broader discussion. It is one that stems from generations of discussions that have been led by indigenous people, by many tremendous, strong indigenous leaders who have lent their voices, expertise, skills and knowledge to build to the point we are at today, seeing this bill before the House of Commons.

While our discussion is a broader one, it is important to highlight that it is also about national reconciliation. One of the broader perspectives that we have been dealing with as a country in recent years is one that we should have, could have but did not deal with in many generations past. It is about the recognition and the rights of implementation of first nations, Inuit and Métis people. It is the rebuilding of strong and healthy relationships based on respect, co-operation and partnership.

We all know that Canada as a country has a constitutional and legal framework that embodies many of the principles of the United Nations Declaration on the Rights of Indigenous Peoples. In particular, section 35 of the Canadian Constitution recognizes and affirms aboriginal and treaty rights. Section 35 is the core pillar of the Canadian legal and constitutional framework for the renewal of that relationship between the Crown, which is Canada, and indigenous people.

Implementing the declaration in the context of the Constitution and of the legal framework will contribute to enhancing indigenous participation in the Canadian economy and advancing reconciliation toward renewed relationships.

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

April 15th, 2021 / 1:45 p.m.
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Liberal

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.

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

April 15th, 2021 / 1:45 p.m.
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Liberal

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—

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

April 15th, 2021 / 1:55 p.m.
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NDP

The Assistant Deputy Speaker NDP 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.

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

April 15th, 2021 / 1:55 p.m.
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NDP

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?

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

April 15th, 2021 / 1:55 p.m.
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Liberal

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.

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

April 15th, 2021 / 1:55 p.m.
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Independent

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.

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

April 15th, 2021 / 1:55 p.m.
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Liberal

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 ActGovernment Orders

April 15th, 2021 / 4 p.m.
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Liberal

The Speaker Liberal 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.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4 p.m.
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Liberal

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.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4:10 p.m.
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Conservative

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.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4:10 p.m.
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Liberal

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.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4:10 p.m.
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Bloc

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?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4:15 p.m.
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Liberal

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.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4:15 p.m.
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NDP

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?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4:15 p.m.
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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, this comes up too often and I think this is an inference of a previous question I received from Conservatives in relation to uncertainty. Of course, I am confident that free, prior and informed consent, as referenced a number of times throughout UNDRIP, will be a key part of the collaboration and communications with indigenous peoples in setting down the action plan under Bill C-15.

What that will entail in the end, as Kerry Wilkins, the expert in my community, and as Murray Sinclair have said, is that it ought to enhance our current framework unquestionably. Let us also remember that, as Romeo Saganash has himself said and as the UN has said in its expert committee's look at free, prior and informed consent, when we are grounded in human rights, we are also looking at not absolute veto considerations, but we are looking at principles of proportionality as they relate to the interest at issue. Therefore, we will see an enhancement of our existing law through the implementation of UNDRIP, Bill C-15 and the action plan. We will also see it building upon this notion of human rights and considerations around proportionality.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 4:15 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I will be sharing my time with the member for Peace River—Westlock.

I am really pleased to be working and building relationships with the people of the Cote, Keeseekoose, The Key, Fishing Lake and Yellow Quill First Nations and the Métis Nation Saskatchewan in the riding of Yorkton—Melville on Treaty No. 4 and Treaty No. 5 lands.

I am also very pleased to speak today on Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

It goes without saying that the consideration of this legislation today is a significant moment for Canada, not only because members on all sides of the House, and therefore all Canadians, want to achieve meaningful reconciliation with Canada’s indigenous people but because the Liberal government has made a critical misstep toward this goal through the introduction of the bill in its current form. It is my fear that the impact of the bill will result in the opposite of its desired effect.

The bill aims to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP. Subclause 4(a), for instance, states that “The purpose of this Act is to (a) affirm the Declaration as a universal international human rights instrument with application in Canadian law”. Further, clause 5 charges the Government of Canada with working “in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.”

The House will remember calls to action 43 and 44 of the Truth and Reconciliation Commission, urging the federal government to “to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation” and “to develop a national action plan, strategies, and other concrete measures to achieve the goals of the United Nations Declaration on the Rights of Indigenous Peoples. ”It was in fact the previous Conservative government that adopted UNDRIP in 2010 as an aspirational document.

Then and now, the Conservatives support the goals and aspirations of this declaration. We support treaty rights and the process of reconciliation with the indigenous people of Canada. However, we remain concerned about the Liberal government’s unwillingness to put forward legislation that clearly outlines the effect and interpretation of key terms within the declaration, such as “free, prior and informed consent”. When it comes to understanding what exactly this term means in a practical sense, the lack of consensus between the federal and provincial governments, among members of the legal community and within indigenous communities themselves is worthy of concern.

The previous Conservative government, at the time of its inception, opposed UNDRIP, because free, prior and informed consent did not align with Canadian constitutional law. That is why, a few years later, the same government adopted UNDRIP as an aspirational document, not binding law. This was a move in line with three of our Five Eyes partners: the United States, Australia, and New Zealand. It was a decision made with good reason. The wide-ranging provisions within UNDRIP, like FPIC, were found to be inconsistent with Canadian constitutional law.

Over a decade later, the Liberal government is forging ahead with infusing UNDRIP into the law of the land. However, it has failed to do its due diligence in presenting a bill that can be clearly understood by government and stakeholders. There is a lack of consultation on what purports to be a transformative piece of legislation that will have untold ramifications on our country, indigenous communities and, indeed, all Canadians.

NTC president Judith Sayers says that the consultative process for this bill lacked mutual agreement and was rushed. AFN chiefs have expressed their concern that no extensive consultations were held. The government is good at partial consultations, but the word “extensive” is mentioned here.

Late last year, six provincial premiers wrote to the Minister of Justice and the Minister of Crown-Indigenous Relations to object to the six-week window provided for input on the draft bill. They stressed the need for “appropriate engagement with provinces, territories, and Indigenous partners on the draft bill” that could “fundamentally change Confederation.” I do not believe that has taken place and any that has is not clearly outlined to the House. The premiers pleaded for time for Canada to fully and meaningfully consider and address the legitimate, significant concerns that we have already raised about the draft bill in its current form.

It is unacceptable for the government to claim that the time for consultation has been satisfied. I have heard that a great deal today. Concerns expressed at the time of the previous UNDRIP bill, Bill C-262, still exist now. How can the government claim credit for a new era of trust and reconciliation with indigenous communities with such a heavy-handed and sloppy approach to this legislation?

As I mentioned earlier, the effect of free, prior and informed consent has been a long-standing concern that has not retreated from the national discourse. It generates more questions than it provides answers.

Take, for instance, the direct input of indigenous communities. The National Coalition of Chiefs and the Indigenous Resource Network have expressed its concern about ramifications, such as who would have the authority to grant it and the impact it would have on future resource projects. If grant expectations under this model are not met, how will it undermine trust between the Crown and indigenous people for generations to come? Will it deter investment, good jobs and secure incomes from reaching our shores? Indeed, the interpretation of this may lead to consequences beyond Canada's resource development.

Professor Dwight Newman of the University of Saskatchewan's Faculty of Law, speaking before the Senate aboriginal affairs committee on a previous iteration of the bill stated, “the Court’s interpretation of FPIC is nonetheless subject to uncertainties that have enormous implications for Canada”. Professor Newman's input has merit.

Again, let us focus on how indigenous communities may be impacted. Clearly, the pursuit of reconciliation and tangible progress for indigenous communities could be stagnated by opaque language like FPIC. Even considering the current constitutional model, one that outlines a duty to consult and accommodate, tangible results can be hard to come by depending on the degree of intrusion proposed. With the implementation of this model, many serious questions are raised, including who might provide their consent in any given circumstance or who speaks for any community.

Members will recall a sensitive period for our country not too long ago when the decisions of 20 band councils concerning the Coastal GasLink pipeline came into direct conflict with opposition from Wet'suwet'en hereditary chiefs. Opposing groups within the Wet'suwet'en could not come to an agreement about who spoke on their behalf. Speaking before a parliamentary committee, Theresa Tait-Day, a founder of the Wet'suwet'en Matrilineal Coalition, said that the project had been hijacked, despite 80% of the band wanting the project to proceed.

It has been argued that the passage of Bill 41 in British Columbia, in many ways a mirror of the legislation before us, led directly to the disconnect between the elected band council, hereditary chiefs and government. Many indigenous stakeholders interpreted Bill 41 as the vehicle through which UNDRIP was adopted and therefore established a right to veto construction on the line. Indigenous communities deserve better than the ambiguity that B.C.'s Bill 41 and Bill C-15 provide.

Other questions remain, such as, how will this apply in situations where indigenous rights include title or the right to occupy lands and use resources? In situations involving unresolved or overlapping land claim disputes, whose consent is required? What form will this consent take in Canadian law? There is a real concern that the government is taking steps to enshrine UNDRIP into Canadian law without a clear picture of how concepts like FPIC will be interpreted in that law.

As justice minister in 2016, the member for Vancouver Granville said, “simplistic approaches, such as adopting the UNDRIP as being Canadian law are unworkable.” She went on to say, “it's important to appreciate why Canada cannot simply incorporate the declaration "word for word" into law.”

The Conservatives have been clear and consistent. We believe that UNDRIP is an aspirational document whose goals we support. However, to adopt it wholesale without consideration for lasting consequences is irresponsible. We need a made-in-Canada approach to achieve the type of reconciliation UNDRIP outlines. Indigenous communities do not need a further barrier to achieving the best for their communities.

Dale Swampy, president of the National Coalition of Chiefs, has spent his professional life in first nations administration as well as the oil and gas industry. In a special note to the Financial Post he wrote that he “know[s] first-hand what happens when federal bureaucracy gets in the way of responsible resource development.” It is his belief that symbolic gestures of reconciliation should not come at the expense of food on the table for indigenous people.

Reconciliation with Canada's indigenous people means recognizing and affirming their dreams and aspirations to not just be stakeholders but, as I have been told, shareholders. In this case, it is the private sector that has led the way in spending on indigenous businesses.

One example of nine is Cameco, the uranium company that procured $3.8 billion since 2004 from local suppliers in the riding of Desnethé—Missinippi—Churchill River in northern Saskatchewan, whose member of Parliament is so passionately committed to seeing reconciliation truly succeed. His words I now repeat, “Advocating for jobs, owned-source revenue streams, equity ownership and financial independence is in fact the pathway to self-determination and the solution to many of the social challenges.”

The Liberals have been failing to keep their promises, such as ending long-term boil water advisories, and failing to stand up for the future of the natural resource projects that benefit indigenous communities and that they want to be part of. As it stands, this bill has the potential to sow further seeds of division across our country. If it is the government's intention to enshrine an international—

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April 15th, 2021 / 4:25 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

We will have to end it there. Our time has expired.

Questions and comments, the hon. member for Shefford.

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April 15th, 2021 / 4:25 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I thank my colleague for her speech. She talked about the problems indigenous communities are facing and access to safe drinking water on different reserves.

Does she not believe that adopting this program could help foster reconciliation?

In Quebec, the Viens commission recommended that the declaration be adopted. The National Inquiry into Missing and Murdered Indigenous Women and Girls also recommended that the declaration serve as a tool for reconciliation and a means to reduce the inequality of women in indigenous communities.

I would like to hear what my colleague has to say about that.

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April 15th, 2021 / 4:25 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, the point that I am making is that there has not been due diligence done. My comments are not coming from me. They are coming from the indigenous communities around us that are saying this is not clear enough. The government seems to want to take the approach that it takes on so many things: It makes big announcements, it makes big decisions, it implements them, but then all things break loose.

We need to take the best approach we possibly can to make sure that our indigenous people, our first nations and Métis have the opportunities to truly excel in the ways they choose. I appreciate the comment. They do not want to be stakeholders. They have every right to be shareholders in the economic successes of Canada and they are more than capable of doing so. They want proper due diligence done in defining this situation.

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April 15th, 2021 / 4:30 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Mr. Speaker, UNDRIP was adopted in 2007. We are 14 years into it in Canada, and we still have not domesticated this law. My friend opposite outlined a number of comments made by people who oppose this particular piece of legislation. She has been very selective in picking those.

My question is quite direct. Are there any circumstances under which the Conservative Party would support UNDRIP in any form? The Conservatives had 10 years to implement it within Canada and they have opposed it every step of the way since being in opposition. Is there any way in which the Conservative Party will support this, or any legislation that hopes to domesticate UNDRIP?

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April 15th, 2021 / 4:30 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, what the member said is very important to recognize. He said my examples brought forward in the House today are individuals and organizations who do not feel comfortable with this legislation going forward because they do not feel it has had the due diligence done to explain in every way possible the accountabilities, and that I am selectively choosing those individuals and organizations.

Truly, today in the House everyone has been presenting individuals who support their perspectives. Unfortunately, what that shows is exactly what I am saying. There is not consensus. There is not consensus within the federal government, within provincial governments or within the perspectives of various indigenous groups, including those who are involved in oil and gas opportunities in Canada. They have seen their opportunities shut down because of that inconsistency.

My concern is that it is clear that the due diligence has not been done. Any consultation has been selective, as the member is indicating in this case, and more needs to be done.

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April 15th, 2021 / 4:30 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, I want to clarify that “free” means without any coercion, “prior” means before the decision is made, and “informed” is when one has all the information. Every other governance system in Canada is allowed that. They are given free, prior and informed consent to make decisions.

The only level of government in Canada that is not given that, and it has been proven again and again in the court system, is indigenous governance. This bill is so important because it starts that process.

Could the member talk about how many indigenous communities want to be stakeholders and how this bill will actually get them there?

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April 15th, 2021 / 4:30 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, the stakeholders who were involved in moving forward and purchasing the TMX did not get that opportunity. There are all kinds of examples of situations, such as with the Wet'suwet'en, where there is not enough clarity, and that clarity has not been provided according to various indigenous groups across the nation.

If we want to move ahead as quickly and efficiently as possible to make sure we have shareholders, not stakeholders, side by side with us we need to do what they are calling on us to do, which is to make this consent absolutely clear, and it is not.

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April 15th, 2021 / 4:30 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Edmonton—Wetaskiwin, Natural Resources; the hon. member for Mégantic—L'Érable, Finance; and the hon. member for North Island—Powell River, Fisheries and Oceans.

Before we get to resuming debate, I want to give a quick shout-out to my father-in-law, who is tuned in. Ian, stay well, and we hope to see you soon.

Resuming debate, the hon. member for Peace River—Westlock.

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April 15th, 2021 / 4:35 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, hello to your father-in-law as well from northern Alberta: Peace River—Westlock, or as I like to call it, the promised land. We have 7,500 dairy animals and we are the honey capital of Canada, so we are literally flowing with milk and honey.

Peace River—Westlock was settled on a promise called Treaty No. 8. This involved 14 first nations, three Métis settlements and over 100 communities. I overlap with about 500 other elected representatives of band councils, town councils, school trustees and others from a big swath of northern Alberta. Every day, I have the honour and privilege of representing them here in Ottawa.

Bill C-15, the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, has been a widely debated piece of legislation over the last number of years. It is my honour to bring my voice to that today, representing the people of northern Alberta.

One of the things that I hope I bring as a member of Parliament is that I typically mean what I say and say what I mean. I wish that were the case with the Liberals on this particular piece of legislation. I find it interesting that even though I will be voting against this particular piece of legislation and the NDP will be voting for it, we actually agree on the substance of it: that it could make a significant change to the way the governance of this country happens. The NDP continually say that it would be a significant change and we say that it would be a significant change. It is always interesting that the Liberals continue to say they are going to bring this in, but there will be fairly minimal impact on the way we do business or the way that governance happens in this country. It is fascinating.

Section 4(a) in this bill declares that the United Nations Declaration on the Rights of Indigenous Peoples will have application in Canadian law. That is probably the crux of the bill for me, the tripping-over point that I have. No other declaration from the UN necessarily has application in Canadian law. We have not legislated that for any declaration other than UNDRIP.

Mr. Speaker, you may be familiar with the work I do to combat human trafficking in this country. Human trafficking is a scourge of this country. It is a growing crime that is happening, often within 10 blocks of where we live. One of the tools that I use in combatting human trafficking is a Palermo protocol. The Palermo protocols are part of a UN document and declaration that outlines how to identify a victim of human trafficking. The challenge with that is it is not a legislative tool. It is not a piece of law, it is a declaration. It gives principles under which countries should operate. I advocate all the time for us to bring Canada into alignment with that Palermo protocol. We have made several attempts to do that over the last 30 years: essentially, recognizing human trafficking and bringing human trafficking offences into the Criminal Code, and dealing with how to identify somebody who is being trafficked. All of those things come in, and we get a framework and idea of how to combat it from that Palermo protocol.

Another UN instrument that I use regularly is the UN Convention on the Rights of the Child. That is, again, something that helps to identify whether the rights of a child are being upheld or being violated by holding a given situation up against the UN Convention on the Rights of the Child. When there is a default or issue and we are not able to hold a particular case up against the rights of the child or Palermo protocol to ask why a human trafficking victim is not able to get justice, we can look at the Palermo protocol and see that it indicates, in this instance, that in Canada one of the areas of the Criminal Code is that there is a requirement for the element of fear.

If a person is living in fear, that is one of the elements for them to be identified as a victim of human trafficking, yet the Palermo protocol does not have that requirement at all. The Palermo protocol tries to set it up so that, given the criteria laid out, an outside observer can see whether somebody is being trafficked or not. The individual being trafficked does not have to verify that they are being trafficked.

It is similar with UNDRIP. In a given situation, we would stack it up against UNDRIP and ask: Are we meeting the ideals of UNDRIP, or are we not meeting the ideals of UNDRIP? Does Canadian law have a shortfall? Are we not living up to the areas of UNDRIP?

“Free, prior and informed consent” is one of those very definite areas where we have to ensure that we live up to that. The challenge that we have with it is that if “free, prior and informed consent” means the same thing as “duty to consult”, then on all of the court cases that have gone into developing that whole concept of “duty to consult”, would introducing a new term of “free, prior and informed consent” come alongside? If it comes alongside, if “duty to consult” falls right inside “free, prior and informed consent”, which I think it does, would our jurisprudence continue, would our jurisprudence stand, and in introducing the new topic into it, would that just come along and align?

I think that would be great. However, if it comes in and we are now going to have to start re-litigating all of the court cases of the past because we have introduced a new concept into the jurisprudence, I do not think that is going to be helpful, not at all. Now we are going to be confusing the issues.

I have been part of putting together several private members' bills. It is a rewarding exercise. It is something that is a luxury that only members of Parliament have. I am very much appreciative of the efforts that go into developing a private member's bill.

One of the issues that always comes up, every time I have worked on a private member's bill, is the introduction of new terms. Every time I bring an idea to the legislative drafters, I ask, “Why did you use that term, and not the term that I used?” or “Why do you want to talk about this, when I wanted to talk about it like that?” They always say that this term has been clearly defined by the courts. Therefore, if we use that term, we already know what it means, it has a whole list of jurisprudence.

For example, that term of “commercial use” is understood by the courts. There is a lot of jurisprudence behind that. Therefore, we want to use that term when we are talking about supply chain reporting, for example, or the use of images, or whatever it happens to be. We understand that term. The courts have ruled on that term.

When a new term is introduced into the mix, it opens up to a whole new discussion and a whole new debate, and the opportunity for the courts to have to make a judgment on what those rules have to say. That is where the concern is.

I have been sitting at committee listening to testimony on this, as committee work is always a rewarding experience, listening to Canadians bring their perspectives to Ottawa. In one case, we heard from a member of the public who outlined UNDRIP as the indigenous bill of rights. I do not think we are introducing the indigenous bill of rights when we are adopting UNDRIP. Maybe we are, but I do not think that we are doing that. So to then say that we are doing that, I do not think it is helpful to indigenous people, if they think that this is going to be a bill of rights. I am not sure. Maybe the Liberals could clarify that for me, but I do not think that is the case.

I am not 100% sure what the terms, with application in Canadian law, actually mean. Does it mean, as most of the witnesses who show up to committee say, that it would be used in much the same way as the Palermo protocol would be or the United Nations Declaration of the Rights of the Child.

If that is the case and we can slip free, prior and informed consent in right alongside the court-defined term of duty to consult, that would be great, but I have not seen that from the Liberals. I am hoping that we can hear from the Liberals that they mean what they say and they say what they mean.

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April 15th, 2021 / 4:45 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Mr. Speaker, I have a shout-out to your father-in-law, Ian, as well. He should be very proud of all the great work that you have done over the years. I want to thank my friend opposite because I have been able to work with him for the last five years at committee.

One of the things we have seen over the last five years, especially travelling with the former MP Romeo Saganash, is the enormous amount of work that was put in to this legislation in Bill C-262 and then subsequently in Bill C-15.

Regrettably, what we have seen from my friend's party is blockage throughout its term in government up to 2015 and then beyond that we have seen absolutely no effort from the Conservative Party to move forward, whether in legislation or in terms of assessing it in Canadian law.

Could the member give us a sense of what his party intends to do in order to implement UNDRIP in Canada if the bill does not go through?

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April 15th, 2021 / 4:45 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, Conservatives moved forward on matrimonial property rights on reserve. Conservatives have worked on ensuring that indigenous children remain with their families. Conservatives have worked on a whole host of things to bring prosperity to first nations communities.

We have worked on a number of things and to use UNDRIP as a tool, much the same way that we used the Palermo protocols or the UN Declaration on the Rights of the Child, is admirable and is something that we need to do. We want full participation of the first nations communities and first nations individuals in our economy so that the wealth that this country can create is shared by all.

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April 15th, 2021 / 4:45 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I thank my colleague from Peace River—Westlock. I have the opportunity to work alongside him on the important issue of modern slavery and human trafficking. We are very passionate about this.

The Standing Committee on the Status of Women is calling for the implementation of the recommendations of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Adopting the United Nations Declaration on the Rights of Indigenous Peoples act was one of the inquiry's recommendations. Indigenous women are particularly vulnerable to human trafficking and modern slavery, and continue to be at a tremendous disadvantage.

Canada's adoption and implementation of the UNDRIP act will help indigenous communities and women to achieve greater self-determination and equality, and help eliminate the discrimination they endure. I think this is really important and I would like to hear from my colleague, who is so passionate about this issue.

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April 15th, 2021 / 4:50 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, human trafficking is an outrageous crime that happens right here in Canada. It is a growing problem. We know that 97% of victims of human trafficking are young women and we know that 50% of the victims that are rescued are first nations or indigenous. It is a large problem.

In order to bring Canada in alignment with UNDRIP, we need to change our laws, get our laws aligning with what the aspirations of UNDRIP are. Just declaring them to be the law has weird implications. Many of the declaration's items are not necessarily laws. They are aspirations about how we ensure that first nations communities and first nations individuals have access to the same justice as anyone else. How do we ensure that the outcomes of the justice system are the same, regardless what colour a Canadian is?

We need to ensure that participation in the economy and the rights to the fruits of this beautiful and bountiful country are shared by all.

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April 15th, 2021 / 4:50 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, we know that UNDRIP was adopted by the UN General Assembly in 2007 and that followed several decades of negotiation. The purpose of it was to enshrine the rights that “constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world”.

We know that Canadian indigenous peoples have suffered a genocide. They suffered the worst crime imaginable, having their own children taken from their families by the state. To this day, they do not have access to clean water and suffer the poorest health outcomes of any Canadian group.

Does my hon. colleague not agree that we should be doing everything we can, as a Parliament, to rectify the centuries-old abuses, discrimination and, in fact, genocide of the first peoples?

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April 15th, 2021 / 4:50 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I totally agree that we should be doing everything to ensure that first nations communities and indigenous communities across the country, whether that be Inuit or Métis, would have full participation in the economy so that we can raise everybody out of poverty and stop the heinous treatment of first nations and indigenous people across the country. It is a blight on our character, but we need to, as a country, move forward on these things. I want to see the elimination of boil water advisories on reserve. I want to see these things.

I need an answer on this particular bill. Is it a bill of rights for indigenous peoples or is it something more akin to the UN Declaration of the Rights of the Child or the Palermo protocol? That question has yet to be answered.

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April 15th, 2021 / 4:50 p.m.
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Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, I will be sharing my time with the member for Sydney—Victoria.

I am speaking today from the traditional territories of the Wendat, Haudenosaunee and Anishinabe peoples and the treaty land of the Williams Treaties First Nations. I am pleased to rise to discuss Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

Our government has been clear. We are committed to renewing the relationship between the Crown and indigenous peoples based on recognition, rights, respect, co-operation, partnership and advancing reconciliation. Earlier this week, I rose in the House to speak about how our government is fighting systemic racism in our judicial system with Bill C-22, and I am proud to rise again today to speak to how the implementation of Bill C-15 is a step forward in protecting the human rights of indigenous peoples and fighting systemic racism.

In Canada and across the globe, citizens are debating the nature and promise of equality in our time. They are rightfully and urgently demanding change to fight systemic racism in our society. Human rights are universal and inherent to all human beings, and this bill is another sign of the progress we are making in affirming human rights and addressing the systemic racism present in the country.

The United Nations Declaration on the Rights of Indigenous Peoples affirms the minimum standards for the survival, dignity and well-being of indigenous peoples. Article 1 of the UN declaration recognizes that “Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms”, and that includes the right to self-government and self-determination. In addition, the UN declaration sets out rights and standards that draw on universal human rights norms, but speak more specifically to the circumstances of the world’s 370 million indigenous people.

The recognition of indigenous rights is at the core of our government’s commitment to build the relationship with first nations, Inuit and Métis people. That is why our government has introduced Bill C-15. The wait for equal respect and the human rights of indigenous people has been far too long and has taken far too many generations.

As part of our commitment to engage and collaborate with indigenous peoples, this legislation is the culmination of work with indigenous rights holders and organizations over many months past. We understand the importance of building on the work that has already been done to advance the implementation of the declaration in Canada. This is explicitly acknowledged in the preamble, which recognizes that provincial, territorial and municipal governments have the ability to establish their own approaches to implement the declaration. Indeed, several have already taken steps, in their own areas of authority, to do so.

We are ready to work with all levels of government, indigenous peoples and other sectors of society to achieve the goals outlined in the declaration and supported by this bill. We have also included a provision that specifically notes that the bill does not delay the application of the declaration in Canadian law. 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 continue to advance recent and ongoing priorities and initiatives, which contribute to the implementation of the declaration in parallel to the process and measures required by the bill.

We have also responded to calls for clearer and more robust provisions for the process of developing and tabling an action plan and annual reports. These updates are incredibly important, and the action plan is a central pillar of this legislation. Developing and implementing the action plan means working together to address injustices, combat prejudice and eliminate all forms of violence and discrimination, including systemic discrimination against indigenous peoples; to promote respect, mutual understanding, as well as good relations, including through human rights education; to include measures that relate to monitoring, oversight, recourse or remedy, or other accountability with respect to the implementation of the declaration; and to include measures to review and amend the action plan.

With this legislation, we will fulfill the Government of Canada’s 2016 endorsement of the declaration without qualification, while also responding to the calls for justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls and the continuing progress on the Truth and Reconciliation Commission’s calls to action. There is no doubt that passing this legislation will help us move in a direction we all want.

Over the past few years, this government has taken a number of steps and measures consistent with the human rights framework of the United Nations Declaration on the Rights of Indigenous Peoples and the Canadian charter. We are beginning to see positive changes happening, including steps to strengthen restorative justice, access to justice and diversion programs, and reform to our criminal justice system.

The Government of Canada, alongside the provinces and territories, is developing a pan-Canadian strategy to address the overrepresentation of indigenous people in the criminal justice system. Work on this strategy also includes close collaboration with indigenous communities and organizations.

We are also implementing impact of race and culture assessments, which allow sentencing judges to consider the disadvantages of systemic racism that contributed to indigenous people's and racialized Canadians’ interactions with the criminal justice system. We are putting in place community justice centre pilot projects in British Columbia, Manitoba and Ontario, as well as consultations to help expand the community justice centre concept to other provinces and territories.

Among other initiatives, we are also developing administration of justice agreements with indigenous communities to strengthen community-based justice systems and support self-determination. I believe this initiative to be especially important. It recognizes that indigenous peoples have to be part of the solution and that the capacity is there to improve justice within indigenous communities.

Bill C-15 is a significant step forward, but alone it will not achieve our collective goal of transformative change for indigenous people. There will be much work to do together after royal assent to develop an inclusive and effective approach to realize the full potential of the declaration. As a result, additional efforts and measures to implement the UN declaration will be needed, and as I just listed, the Government of Canada has begun work on additional efforts and measures. Certainly, there is much more work to do to support indigenous communities to a better state of health and security, but these are important steps forward. While the important national work is taking place, Canada will continue ongoing discussions with indigenous peoples to make progress together on our shared priorities of upholding human rights, advancing reconciliation, exercising self-determination, closing socio-economic gaps and eliminating the systemic barriers facing first nations, Inuit and Métis people.

Change is happening. Our government and our society are evolving as we learn the importance of doing things differently in a way that is better and fairer for all of us. Implementing the UN declaration is something the indigenous people in Canada have long called for, and it is a change we want to see come to fruition.

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April 15th, 2021 / 5 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, recently I was at a forestry conference and heard a respected first nations leader speak, a leader who is very much involved in ensuring that his people benefit from the natural resources in their territory. When asked about UNDRIP, he said it is important to understand that UNDRIP does not give first nations people rights. The United Nations has not given first nations people rights. It simply sets out the rights that indigenous people already have.

I am wondering if the member could comment on that, as well as on the Conservative concern I hear that somehow this bill and the United Nations Declaration on the Rights of Indigenous Peoples would somehow curtail the rights of first nations to access the natural resources on their territories.

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April 15th, 2021 / 5 p.m.
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Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, I agree that it is an affirmation of rights that exist. The real benefit of this document and of our discussion is that we are developing a conversation to address these issues.

I have heard people say that this is an aspirational document. Without any aspiration, we are not going to accomplish anything, so we need to set out some shared goals. I hope and believe the comments I made have outlined those shared goals, which are the goals of equity, fairness and working toward them. I think the member and I share the objective and principle of making this a better, kinder and gentler nation.

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April 15th, 2021 / 5 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

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

Some people will argue that implementing UNDRIP would effectively give first nations a veto over every natural resource development project.

I would like to hear my colleague explain why that is not the case and how Bill C-15 would still allow for proper negotiation.

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April 15th, 2021 / 5 p.m.
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Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, Bill C-15 sets out a framework for dialogue, collaboration and working together, and frankly, if we do not have that we will have a far more cumbersome way of accomplishing anything. If this document creates a framework for dialogue and a framework for free, prior and informed decisions for all parties, we will come to better decisions.

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April 15th, 2021 / 5 p.m.
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Green

Paul Manly Green Nanaimo—Ladysmith, BC

Mr. Speaker, the Green Party has been calling for the implementation of UNDRIP for a long time. It is unfortunate that we have time allocation on the bill, because I think it is part of our democratic process to have a fulsome debate in the House of Commons on important bills like it.

The British Columbia government implemented legislation on UNDRIP, and shortly after, we saw the conflict with the Wet'suwet'en explode. We have seen it ignore the complaints of West Moberly First Nations and Prophet River First Nation with Site C. We have seen revenue-sharing agreements with silencers on them so that members cannot speak out in their communities, and we have seen those agreements leaked. We know this is happening with old-growth logging in British Columbia too, and we see division in the Pacheedaht community. It seems like the colonial project of resource extraction continues on, whether we have UNDRIP legislation in British Columbia or not.

I would like to ask the hon. member how he sees UNDRIP unfolding in Canada. Will we see a more fulsome process for free, prior and informed consent on these projects to ensure that people in these communities are not silenced by revenue-sharing agreements that are set up by the government?

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April 15th, 2021 / 5:05 p.m.
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Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, as we are in a democracy, we are not always going to agree on everything. I think what is important here is that we are building a framework for dialogue, for discussion and for free, prior and informed discussions. I think that will improve our relationship. It will also strengthen our country and strengthen the fabric of the values that we hold across it. I think it is becoming a basis for better dialogue and a basis for developing collaboration.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:05 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Speaker, today, I speak from the Mi'kmaq traditional territory of Unama'ki in the Eskasoni First Nation.

It has been over 400 years since my Mi'kmaq ancestors met European travellers on the shores of Mi'kma'ki. This moment thrust generations of transformation and struggle that led to the conflicts, diplomacy and eventually treaties that have shaped Canada and its Constitution. That struggle and those relations continue to this day across Canada.

Today's debate is the next step on this journey and the generational struggle of indigenous peoples in Canada. With Bill C-15, we turned a page on colonial narratives entrenched within the Indian Act and moved on to a new chapter founded on the United Nations Declarations on the Rights of Indigenous People.

This past week Grand Chief Wilton Littlechild reminded me that indigenous leaders have been fighting for recognition of their basic human rights entrenched within UNDRIP for over 40 years. The fact that this government act is in Parliament today is an achievement of the possible in the realm of the improbable.

Today, I would like to share a perspective on Bill C-15 that is personal, but also shared by many indigenous people in this country. My father, Sákéj Henderson, one of the original drafters, wrote that UNDRIP is a process whereby, “Thousands of Indigenous peoples participated over thirty years in the development of Indigenous diplomacy.”

Before the 1982 Constitution, long before the recognition in the Supreme Court of Canada, Kji-keptin Alexander Denny and a delegation of Mi'kmaq went to the United Nations to seek justice for Mi'kmaq based on the UN covenants available to them at the time.

There, they met several indigenous leaders from around the world who were all advocating for the right to be recognized as humans and protected by the rights that came from the UN Universal Declaration on Human Rights. At the time, there was no UN mechanism whereby the rights of indigenous peoples, as humans, could be protected. In fact, the first meeting of the UN working group referred to indigenous populations because of the fear of recognizing them as a people.

Despite the objections and fears, indigenous leaders persevered, and on September 12, 2007, more than 143 countries affirmed the recommendation to extend human rights and fundamental freedoms to indigenous people. Canada voted against that. That decision by the Harper-led Conservative government to deny indigenous people human rights and freedoms brings us to where we are now. Today, we can undo that mistake.

In a divided world, UNDRIP is a global vision. The longest, most comprehensive human rights instrument negotiated at the United Nations, fought and won by thousands of indigenous leaders speaking 100 different languages from all corners of the globe. The 46 articles within UNDRIP give clarity and understanding of the inherent rights recognized in section 35 of our Constitution, also known as aboriginal rights. It addresses what is meant by fair, just and consensual relationships between indigenous people and government.

Our Liberal government has already shown our commitment to implementing the human rights of indigenous peoples, entrenching these principles into our Environmental Assessment Act, the Indigenous Language Acts and the indigenous children, youth and family act.

However, the time has come for all political parties to stand up for the inalienable human rights of indigenous people in this country. Let us be clear: The human rights of indigenous people have been and continue to be denied in Canada. UNDRIP is a vital and necessary part of the remedy to this generational injustice. The 1876 Indian Act codified this injustice and colonial framework stating that the term “person” means an individual other than an Indian unless the context clearly requires another construction.

From the moment Canada legally denied Indians the rights of persons, it became necessary to create this declaration and to confirm the inalienable human rights of indigenous persons. With great humility, I add my name to those who wish to be recognized as persons as well in Canada. I am humbled in the knowledge that so many other indigenous MPs have spoken in this House, advocating for human rights to extend to indigenous people as well.

Let me be clear: Bill C-15 would not create new rights. It affirms rights actively denied to indigenous peoples for generations. Bill C-15 rejects colonialism, racism and injustices of the past. It affirms familiar human rights norms and minimum standards that Canada and Canadians have long supported.

It places two interrelated obligations on the federal government, in consultation and co-operation with indigenous peoples of Canada. The first obligation is to take all measures necessary to ensure the laws of Canada are consistent with the declaration. The second obligation, which is just as important, is to establish an action plan to achieve the objectives of the declaration within three years. These obligations are necessary for establishing a just framework for reconciliation and fulfilled promises, to generate better lives for indigenous peoples.

Critics of Bill C-15 have tried to use words like uncertainty and unintended consequences to slow, stall and create fears of UNDRIP. However, in reality they are doing nothing more than perpetuating colonial notions that for generations have benefited them and exploited indigenous peoples.

Former Justice Mary Ellen Turpel-Lafond, in response to fears that Bill C-15 would slow down the economy, stated:

It is fearmongering to suggest that somehow the rights of indigenous people will make the Canadian economy not work and to point to British Columbia and say that is particularly laughable and inaccurate.

Bill C-15 is about fair, just and consensual relations among legally recognized people. Bill C-15 is another step to guarantee indigenous people a dignified life and a meaningful economic future. Whether supporter or skeptic, all Canadians will benefit from recognizing and exercising our shared humanity. The passing of this bill into law would require, inspire and enable Canadians to maintain the promises of a better nation.

In closing, I would like to thank Romeo Saganash for his leadership on his private member's bill, Bill C-262. I would also like to thank my father, Sákéj Henderson, and Russel Barsh for their wise counsel and their tireless efforts to help the Mi’kmaq over the years; as well as the many indigenous leaders within the Assembly of First Nations and the Indigenous Bar Association who have advanced my education on UNDRIP over the years; as well as all the indigenous leaders from coast to coast to coast whose tireless efforts have led to government legislation on Bill C-15.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:15 p.m.
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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, I would like to thank the hon. member for a very moving speech on Bill C-15. The concept of consent was first raised with me nearly 40 years ago, when I lived in Yellowknife, by leaders of the Dene Nation in their initial opposition to the Mackenzie Valley pipeline. Ever since then, we have heard this rhetoric that recognizing indigenous rights will somehow block progress.

I wonder if the member shares my concern that these expressions of concern about delay and about blocking are fundamentally based on what can best be called stereotypical views of first nations, if not racist views of first nations.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:15 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Speaker, indeed, I agree with my colleague's assessment.

The notion that indigenous people are anti-development is wrong. Indigenous people want to see development. They want to see Canada grow. However, what we are in favour of is sustainable development, smart development, development that does not jeopardize our future and that of the next seven generations that we are obligated to protect.

It is an important step moving forward that we realize that when indigenous people succeed in Canada, Canada succeeds.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:15 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I thank my colleague for his speech on Bill C-15.

I am trying to understand. Many bills have been introduced in the past on this matter. My colleague applauded the work of Romeo Saganash, who advocated for the recognition of the United Nations Declaration on the Rights of Indigenous Peoples. The Liberal government has been in power since 2015. Has waiting so long to pass the bill not caused more misery in indigenous communities?

Clean drinking water is still a problem. Women and girls have disappeared or been murdered. We know that passing this bill could help solve these types of problems. That is why it is so important to do it, especially for a self-proclaimed feminist government. Has the failure to implement the United Nations Declaration on the Rights of Indigenous Peoples not harmed the cause of indigenous women?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:15 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Speaker, I started off my speech on the premise that it has been 400 years. We can look at the past, and we should look at the past. However, the best time to implement these rights is right now. That is what we have in front of us, the ability to take those strides that no government has taken before.

I ask my learned colleague from the Bloc to join with us in not delaying, for any more time, when indigenous people could have the same human rights as every other Canadian.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:15 p.m.
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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Mr. Speaker, let me just begin by thanking Professor Sákéj Henderson, and my friend from Sydney—Victoria for his enormous leadership within the indigenous caucus and within our government as well.

As the member just mentioned, this is the moment for us to capture, this is the moment in which we could reset the relationship. For parties that are not supporting this bill, what does this member have to say to them? What is it that they are missing that others have been able to capture? What is the message that he has for the Conservatives and the Bloc?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:20 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Speaker, It is a difficult question, because I want Conservatives to be on board with this. I want Conservatives to want to give indigenous people human rights.

The delays, tactics and talking about vetos; it is baseless. It has been pointed out by Mary Ellen Turpel-Lafond that it is fearmongering to suggest that we somehow would slow down the economy by getting the most basic human rights.

The question that I have to ask all of my other colleagues in this House is, what expectations would they have for their communities. Why should the expectations of indigenous people be any different?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:20 p.m.
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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, it is a pleasure to be back in the House today to speak to Bill C-15. I will be splitting my time with my colleague, the member for Sherwood Park—Fort Saskatchewan.

This is important legislation and is an opportunity to have a debate in the House about our relationship in Canada with the first nations community. I always try to start off my speeches by providing a local context or ensure at some point I cover the local context of my riding of Stormont—Dundas—South Glengarry.

I am fortunate to represent not only the city of Cornwall, the united counties of most of SDG, but also the residents and people of Mohawk Council of Akwesasne, 14,000 people strong. This is probably, from a federal issue, one of the more difficult geographic first nations communities we have in the country. It is located right along the Canada-U.S. border, there is a port of entry there. The geographic set-up that goes back a long time certainly makes it difficult to navigate through and work with them on many issues.

I am grateful for a good and respectful working relationship with Grand Chief Abram Benedict. I also want to acknowledge some of the meetings I have had to date with members of the Mohawk Council of Akwesasne. We had two, I think, pre-COVID, and unfortunately everything else needed to be put on the back burner. I made a commitment in our community, as a new member of Parliament, to ensure I would reach out just as much to members in Akwesasne as I would to every other part of the riding. There certainly are a lot of federal issues, federal files, on which we need to work with them.

The debate today is not about whether Canada needs better reconciliation with first nations communities. That is a given. I know there is not a party nor a member in the House and very few Canadians who do not know we need to do better and build a better relationship.

What I want to speak about in my comments today is a theme I built on in several of my speeches since I have had the honour of being in the House, which is the difference between an announcement and an intention, a theme, respectfully, in the actual delivery and follow-through in getting things done.

With Bill C-15, the details do matter. There is no issue with anybody with an overwhelming part of the declaration. In Canada, we are proud to say that we have already implemented many of those measures for which the declaration calls. That is progress. It is a positive and a strength of our country to show the progress we have made.

I listened to my colleague before me. I have respect for all colleagues in the House as well as the questions and comments even going back with my friend from the NDP from Vancouver Island. I do not think the concerns being raised, including from first nations communities, representatives and allies, are racist, stereotypical or laughable. They are very valid concerns.

I speak about my concerns on certain parts of Bill C-15 not because I do not believe in reconciliation, not because I do not believe we need a better relationship with first nations but actually the opposite. By not better defining and laying these things out, making them more clear, more and black and white, I worry we take steps back when it comes to reconciliation.

I will use the example in the Maritimes of the fisheries disputes in the province of Nova Scotia and some of the vague definitions, such as moderate livelihood, that are subject to court interpretations and DFO interpretations. We are seeing serious tensions between first nations people in Nova Scotia, residents of the province, lobster fishermen, fishermen, the government, provincial government and local law enforcement. We have even seen violence happen. Nobody wants that to happen. The reason, I believe, is the definitions. It takes time. It is not easy. I am not pretending it is simple to do. However, we need to have more clear timelines and more clear wording when it comes to certain aspects, not the overall intent of UNDRIP but rather certain parts.

I can say quite a few things, but I want to listen, as I mentioned, to some of the stakeholders who have spoken at committee and who have the interests of first nations communities across the country at heart, first and foremost, as we do in the House.

I want to quote Stephen Buffalo, president of the Indian Resource Council. Just a couple weeks ago in committee, he said, “It would be much better if this committee could define 'free, prior and informed consent' in the legislation and determine who can represent and make decisions on behalf of indigenous peoples for the purpose of project approvals. Better yet, this committee can engage indigenous people across Canada to come to a consensus on what 'consent' means before passing this legislation, because you know as well as I do that some people think it's a veto, and if the committee doesn't think it's a veto, then they should make that clear.”

We have heard numerous other stakeholders. I know of a comment from Dale Swampy of the National Coalition of Chiefs, who said “However well intentioned Bill C-15 is, my discussions with legal experts, industry representatives and investment bankers have persuaded me that it is introducing another layer of uncertainty and risk to development in indigenous territories.”

People, like myself, our caucus and all Parliament want to get this right. We want to move forward on reconciliation and do better. However, what I worry about, and this is from a passion of mine, is that words, actions and themes and good intent are important, but so are the details in legislation like this. The frank reality is that we will need to take the time, whether it is before the legislation or after, through courts and legal battles that will go on for years over certain projects, certain wording and what it is or what it is not.

If we pretend that we will just pass this, that there will be no problems and that it will be all tickety-boo, that will not the case. If we can take the time and get those clarifications through consultations, close, passionate deliberations with first nations communities, we can make the legislation and the process more clear for everybody. That does not hurt reconciliation; that makes it smoother.

We have seen in Nova Scotia what has happened. We are seeing some of the concerns of potential investment. This is not big corporations versus first nations communities; these are people with a vested first-person connection to the well-being of our indigenous people and with a better, smoother future that involves economic development that does all these things.

This debate is not about whether we are racist, or whether it is laughable and stereotypical or how awful anybody is. These are valid concerns. I know members who support this know that if we pass the bill in this form, there will be serious legal challenges. We will be in courts and litigated, and there will be gray areas for years to come. That will challenge our path to reconciliation. That will challenge better economic development opportunities for communities like Akwesasne in my riding.

I thankful for the time to give my voice and my perspective. I am always trying to be positive and constructive, if I can. We can do better and we must do better. As a country and as a Parliament, we will be better off with much clearer black-and-white definitions on some of these things to move our reconciliation process forward in the country.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:30 p.m.
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Milton Ontario

Liberal

Adam van Koeverden LiberalParliamentary Secretary to the Minister of Diversity and Inclusion and Youth and to the Minister of Canadian Heritage (Sport)

Mr. Speaker, I would like to thank my friend and colleague for his work on other files, protecting rights of people. He is always speaks from the heart, which is I really appreciate.

I do, however, want to bring up a couple of things. First, I just want to remind everybody in the House that the use of possessive nouns when referring to indigenous people should be avoided at all costs. Indigenous people do not belong to Canada and they do not belong to us, so we should never say “our indigenous people”.

The assertion that Bill C-15, one of the most important pieces of legislation that I think we as a generation will ever see in the House, would take steps back on reconciliation or people's rights is really troubling to me. I want to refer to the response of Mary Ellen Turpel-Lafond to my question two days ago in committee. She said that the most important thing it would do would be to put an obligation on Canada to conduct its policies and conduct its interactions with indigenous peoples on the basis of recognizing indigenous people have rights.

I think we can all agree that more rights is never a bad thing. How in the world would more rights have a negative impact on people who have title to land?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:30 p.m.
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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, I certainly agree with my colleague, and I apologize for my wording and my adlibbing. First nations people are not my constituents. They are my friends, they are my neighbours and they are my colleagues, not only locally but across the country. I thank the member for that part of his intervention.

We talk about adding rights. Some of the vague definitions and wording in certain parts of the bill, which could be strengthened, could lead to confusion. The rights and the battles could end up in court. We have seen that with different issues when we did not originally take the time to get the definitions right and specific, to come to that balance, to have that cohesion and that reconciliation in certain communities.

I am all in favour of enshrining rights. The overwhelming majority of this document is attainable, because we are doing many parts of it and there are many parts on which we can all agree. However, where we could have stronger definitions, that would help a reconciliation process in building rights, strengthening rights, not having them end up in courts for years to come.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:30 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Mr. Speaker, I thank my colleague for his passionate speech. It was top-notch as usual.

He mentioned that it is important to define certain concepts to avoid legal challenges in the courts. He spoke mainly about free, prior and informed consent. However, Bill C-15 sets out criteria that, if necessary, will guide the courts in assessing what should constitute consent. All of the witnesses who appeared before the committee said that it will take time to come to a consensus or establish a clear definition.

Since we need to establish those definitions anyway, should we not just pass Bill C-15 now, rather than delaying the entire process? We should work on those definitions, bill or no bill. The current bill provides direction on how to do that, but it also includes a long-awaited recognition of indigenous rights that should be quickly implemented.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:30 p.m.
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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, it is good to see my colleague from Saint-Jean, albeit virtually. I do miss sitting with her at committee in my former committee role on PROC.

I hear what she says about the details needing to be worked out, but I go back to the same thing. We are better off as a country, as a Parliament with respect to reconciliation if these things are ironed out and if the consultations and resolutions happen sooner rather than later.

The member alludes to courts and different interpretations. That leads to my argument that we will have many of these consents end up in court for years and years to come. They could create divisions, not unity, when it comes to reconciliation, when it comes to economic development opportunities.

I come from a space of not wanting to stop progress but making progress smoother. The member is right that we will have to tackle these definitions. We need to do it sooner rather than later. The sooner and the better the clarity is, the better our path to reconciliation and stronger future for first nations communities in every part of the country.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:35 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure for me to speak today about my opposition to Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

It is evident that much of our contemporary political debate is denominated in terms of human rights, with both sides' various questions using the language and philosophy of rights to justify their conclusions. This is most evident in contentious debates about social issues, where one person's assertion of a right to die is measured against another person's assertion of a right to encounter a health care system that does not make distinctions based on ability, or whether one person's assertion of a right to bodily autonomy conflicts with the potential claims of another person in terms of someone's right to life. In these cases, it clearly is not enough to say one is for or against human rights as such. Rather, one has to develop a procedure for determining which rights claims are valid and which are not, or for determining which rights claims can be justifiably abrogated, or for determining which rights claims take precedence in the case of a conflict.

When we are evaluating these questions of how to compare competing rights claims, it matters very much where we think rights come from. We need to establish where rights come from if we are to determine which rights claims exist and which rights claims take precedence. On this point, let us say there are three general categories of options. Rights either come from positive law, from social consensus or from nature.

Some seem to take the view that rights exist because they are called “rights” by the state or some multilateral body. This would imply that those rights only come into existence when the associated statutes or declarations are promulgated, and that nothing can be called a violation of rights if it is done legally. This view of rights would imply, falsely in my opinion, that no violation of human rights occurred in the context of horrific, violent actions against indigenous peoples in previous centuries, if those actions were legal. That seems to be a monstrous conclusion. I therefore reject the view that rights come from positive law. Arbitrarily depriving some of their lives, freedom, culture and community is a violation of their rights, regardless of whether it is recognized as such by domestic or international law.

The same general issues arise if we see rights as derived from social consensus. There have been many times and places in which a social consensus existed in favour of policies that also arbitrarily deprived people of their lives, freedom, culture and/or community. As such, if we wish to justify the conclusion that these acts of violence have always and would always constitute violations of human rights, then we must start from the premise that human rights emanate from nature as opposed to from law or convention: that is, human rights come from being human.

Deliberations in the House or international bodies about human rights are not fundamentally about creating rights, but rather about discovering rights. Rights are discovered, not invented. If rights exist in nature, as gravity exists in nature, then we should be able to identify a procedure for discovering rights objectively. Whether such a procedure can exist or not, it does not seem to be invoked often in this House. More often, we hear the assertion of the existence of a certain right as being self-evident. We hear a call for more rights, not fewer rights. We hear rights referred to as “hard won”, and perhaps referenced in the context of some domestic or international text deemed sacred by our legal tradition.

If rights come from nature, then members should argue for how we can know that a right exists, not simply point to a text that says it does. If rights come from nature as opposed to from text, then texts that claim to codify human rights may contain gaps, errors or other problems. It is possible to believe that human rights have all been correctly codified by UN documents because of some metaphysical process by which the deliberation of these bodies is protected from error. However, believing in this idea would require a kind of faith in a metaphysical process: a faith that I do not think can be grounded in reason alone.

The particular legislative proposal before us today, with respect to human rights, is to graft UNDRIP, the UN Declaration on the Rights of Indigenous Peoples, onto existing law and practice in this area. Much of the debate today has centred around the importance of indigenous rights. I think we all agree about the importance of indigenous rights, but that is not really the core question we have to evaluate when determining whether to support this legislation.

The question really is about what impacts or changes the implementation of this legislation will have on existing rights frameworks, and whether those changes will advance human rights for indigenous peoples or not. With this question, I think it is also important to challenge some of the Hollywood-ized framing of indigenous communities. Many of us will have seen the 2009 movie Avatar: a movie about a group of human colonizers who seek to exploit and destroy a natural environment guarded by an indigenous community that lives in perfect harmony with it.

Although filmed in colour, the moral message of the film is very black and white. Those who fully absorb the message of this film will perhaps come to the conclusion that indigenous communities never want development, but this is, of course, false. The complex history of European settlement in North America involved a great deal of colonial violence and oppression, as well as mutually beneficial exchange and collaboration. Today, many indigenous communities want development.

As wonderful as being in harmony with nature in this sense is and that some people ideologize, generally development can be associated with higher standards of living and amenities associated with modern life. For me, defending indigenous rights means respecting the rights and choices of indigenous peoples, and indigenous nations acting autonomously to make their own choices about their own development paths. It is about competing balance: how they balance traditions with opportunities to develop in new ways. These are choices that individual communities and nations should be able to make for themselves.

Sadly, we have seen many attacks on indigenous rights by anti-development forces, advancing a kind of green colonialism based on this Avatar-informed view of the world, which seeks to force indigenous people to live in the equivalent of national parks even if they would much rather enjoy the benefits that come from resource development in terms of jobs and convenience.

While my friends on the political left like to assume that their opposition to natural resource development aligns them with the wishes of indigenous people, they are increasingly offside with the wishes of indigenous people in areas where resource development is taking place. The anti-development policies of this government are increasingly raising the ire of indigenous people and indigenous proponents of resource development projects, such as those seeking the construction of the Eagle Spirit pipeline, blocked by Bill C-48, or those indigenous people in the Arctic who were not consulted at all when the Prime Minister brought in a ban on drilling.

For reasons described earlier, these anti-development voices still frame their positions in terms of indigenous rights, believing that the right to say “no” to development is so much more important than the right of those same people to say “yes” to development. I think we all know and understand that this gets dicey in situations when the rights of some indigenous peoples come into conflict with the desires and rights of other indigenous peoples, when different peoples and different communities disagree about whether a particular project should proceed, or when indigenous proponents find themselves in conflict with members of their own or other communities over how to proceed on a development path.

Bill C-15 would establish a principle in law that there must be free, prior and informed consent for resource development to take place within an indigenous community, but it lacks significant clarity about who consents on behalf of indigenous communities or what happens when different communities, perhaps with competing legitimate claims to traditional presence in an area, disagree. The lack of clarity about who gets to decide will make it nearly impossible for indigenous communities that wish to develop their own resources to proceed.

We got a sense of the risk associated with this uncertainty last year, when the country faced widespread rail blockades in solidarity with some Wet'suwet'en protesters who opposed the Coastal GasLink project. Members of the House, at the time, seemed to believe that the opposition of a minority of hereditary chiefs required that the project be stopped on the grounds of indigenous rights.

These arguments came from an Avatar-inspired world view and a failure to take into consideration the legitimate competing rights claims of the majority of indigenous peoples affected by this project who supported it, the fact that all of the elected indigenous bodies responsible for this project had approved it, and the fact that those who, from a democratic perspective at least, were the representatives of those indigenous people wanted to say yes. It was enough for members of the House that people from a different hereditary leadership who claimed to speak on behalf of those nations wanted to say no. This is the problem that arises when we have competing rights claims. When we lack a procedure, and when there is ambiguity inserted in the law about how to resolve the desires of those people, it ends up always being a path of no development instead of a situation where those communities get to decide.

I am suspicious that members of the House who are promoting the bill in the name of indigenous rights are actually happy with that outcome. They are actually happy with an outcome in which development has a hard time proceeding, when investments do not get made even if indigenous people in a particular area, in association with a particular project,overwhelmingly want to see it happen.

As a member who cares deeply about human rights, and well-structured procedures and mechanisms for affirming those rights democratically, I think we need to recognize the existing rights frameworks we have in this country and build on them, but I do not think this particular legislation would do that. It would introduce more confusion and more challenges to development that would, in effect, deny the rights of indigenous peoples in cases where they want to make the choice to develop their resources.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:45 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Speaker, I would ask the member this. Why does he believe that indigenous knowledge, passed down through languages, passed down through generations and enshrined in our teachings as indigenous people that we should live sustainably within our ecosystem while promoting positive development and smart development, is somehow based on Hollywood notions of Avatar and not within our languages, as has been taught for generations? I am trying to understand his notions on that.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:45 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, the member ascribed to me views that I do not hold. My view was quite clearly expressed: There are some politicians here who have this Hollywood-informed idea that all indigenous peoples do not want development. The reality is that many indigenous nations and communities across the country want development, and their right to choose to proceed with projects is not respected when the government puts in place a highly ambiguous legislative framework that makes it virtually impossible to demonstrate the consent required by the new procedures and mechanisms in place.

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April 15th, 2021 / 5:45 p.m.
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Bloc

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

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

I asked a Liberal member a question earlier. I asked him why his party had not moved forward with such a bill earlier, since it is such a strong supporter of reconciliation. He said that Mr. Saganash's bill was blocked by the Conservatives in the Senate.

I did hear my colleague talk about human rights and the rights of indigenous peoples. He addressed these extremely important points, but I did not hear him say whether he is in favour of implementing the United Nations Declaration on the Rights of Indigenous Peoples. Will he vote in favour of this bill?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 5:45 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I apologize if it was not clear. I will vote against this bill. I do not support this bill. I do not think this bill is an effective way of advancing reconciliation. The Universal Declaration on the Rights of Indigenous Peoples contains positive aspirations and values within it that Canada should support and move forward on, but the legal framework contains a lot of problems and ambiguity: problems that would negatively affect indigenous peoples. As Winston Churchill said, “It is not enough to do our best, we have to know what to do and then do our best.” In other words, the mechanism and details matter.

We can all have positive aspirations, but we have to get the mechanics right if we want to deliver on those aspirations. That has been the biggest problem with the government when it comes to indigenous peoples. There is a big emphasis on their aspirations, but the government has not been able to deliver on the details. Delivering on the details means sometimes saying that this piece of legislation does not work, and we need something better.

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April 15th, 2021 / 5:50 p.m.
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NDP

Matthew Green NDP Hamilton Centre, ON

Mr. Speaker, the member's speech was nothing short of impressive. I followed his rights framework all the way until I got lost with Avatar. I thought maybe he was going to go full Jason Kenney and start talking about Bigfoot. Make no mistake: The brutal and violent genocide of indigenous peoples by successive French and British settlers in these lands is by no means a Hollywood story.

When the member suggests that rights are discovered, does he not acknowledge that the basis of all the legal frameworks we have is the racist and white supremacist doctrine of discovery based on the theory of a terra nullius here, and that indigenous people were less than human upon the arrival of the Europeans?

Further to that, does the member's only relationship with and understanding of indigenous rights have to do with the commodification of resource extraction in oil and gas? Does he not see value in these rights outside of the extractionary capitalism of oil and gas?

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April 15th, 2021 / 5:50 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, there was a bit of conflation involving the term “discovery”. I was talking about rights being discovered, which is very different from the very legitimate and correct criticism of discovery that the member used in a different context. I think he knows that, but I wanted to clarify that because the word was used in different ways.

I agree that there is a great deal of horrific violence associated with various periods up until quite recently, and there are still many instances of racism and violence targeting indigenous people. The question we have to ask ourselves in this debate today is what we can do to advance justice and human rights for indigenous Canadians. That includes the opportunity for economic development. I believe there is a broad spectrum of issues that we need to attend to regarding justice and human rights for indigenous Canadians, and one of them is giving indigenous people the power to develop their own natural resources in co-operation with others and without undue burdens imposed on them by the state.

I will not apologize for thinking that economic development matters. It matters for all Canadians. It matters so that people can stay in their communities, find jobs and opportunities—

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April 15th, 2021 / 5:50 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

We will have to leave it at that.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Small Business, Export Promotion and International Trade.

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April 15th, 2021 / 5:50 p.m.
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Outremont Québec

Liberal

Rachel Bendayan LiberalParliamentary Secretary to the Minister of Small Business

Mr. Speaker, I will be sharing my time with my hon. colleague from Parkdale—High Park.

Before I begin, I would like to acknowledge that the Parliament of Canada is on the unceded traditional territory of the Algonquin Anishinabe people.

In December 2020, our government introduced Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. Since then, I have received many letters, calls and emails from my constituents in Mile End, Outremont and Côte-des-Neiges. They asked me to pass the bill quickly, and they urge the House to do more to protect and promote the rights of indigenous peoples.

Most of the people who contacted me told me that they were not indigenous. They were proud to say that as Montrealers, Quebeckers and Canadians, the nation-to-nation relationship with indigenous peoples was important to them. It is an issue that speaks to the foundation of our Canadian identity, no matter our background.

We must correct past injustices as much as we can and continue to move forward on the path to reconciliation. Through Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, we are taking another step along that path. As its name suggests, Bill C-15 seeks to protect and promote indigenous rights, including the rights to equality and non-discrimination, in order to establish stronger relations with indigenous peoples.

The bill provides the necessary legislative framework for Canada to implement the United Nations Declaration on the Rights of Indigenous Peoples. Through this bill, the Government of Canada will be required to collaborate with indigenous peoples on developing an action plan to achieve the objectives of UNDRIP. If passed, this bill will represent another major step forward in our shared journey toward reconciliation.

Passing Bill C-15, which would ensure consistency between Canadian laws and the principles of the UN Declaration on the Rights of Indigenous Peoples, or UNDRIP, is an important step forward on the path to reconciliation. The bill requires the development of an action plan to implement the objectives of UNDRIP and requires the ongoing involvement of indigenous peoples at all stages, while mandating annual reports to Parliament.

Bill C-15 would enshrine the principles of UNDRIP, which include affirming the general application of international human rights laws to indigenous peoples; the right to participate in decision-making, with free, prior and informed consent; the right to culture, religious and linguistic identity; the protection of treaties and agreements with first nations; and of course the protection of the rights of indigenous women, including an obligation for governments to work with indigenous peoples to end violence against indigenous women.

Let us talk for a moment about what the Truth and Reconciliation Commission of Canada chose to uphold.

The findings and evidence of the Truth and Reconciliation Commission of Canada forced us to confront the discriminatory and oppressive practices that continued unabated for nearly 150 years in Canada's residential schools. In addition to the Truth and Reconciliation Commission of Canada's calls to action 43 and 44, which call on the government to adopt and fully implement the United Nations Declaration on the Rights of Indigenous Peoples and develop an action plan to achieve its objectives, all of the calls to action cite the UNDRIP. Our commitment to upholding indigenous rights by acknowledging and redressing the damage caused by assimilation policies and practices is unwavering.

Passing Bill C-15 will not only address calls to action 43 and 44, but will also provide the Government of Canada with a framework for broader reconciliation.

I would also like to talk about what our government is doing right now to demonstrate our commitment to our first nations.

Throughout the pandemic, our government has shown its commitment to supporting indigenous communities in very real and tangible ways. Let us look for a moment at our vaccine rollout.

We know that remote indigenous communities are more at risk of getting COVID-19 and that health systems in those communities are more vulnerable to outbreaks. That is why we as a government prioritized indigenous communities in the procurement and delivery of vaccines for COVID-19.

To date, nearly 300,000 doses have been administered in first nations, Inuit and Métis communities, with over 50% of people having already received a COVID-19 vaccine. In the Northwest Territories, 55% of the entire population has received a first dose. In the Yukon, 59% of the population has received one dose, and already 43% has received both doses. This accelerated rollout has contributed to a dramatic drop in COVID-19 cases in our indigenous communities, with a decline of 80%. That is something we can all be proud of.

Let us also discuss for a moment where we are with respect to eliminating boil water advisories. Like many in the House, I am sincerely troubled by the fact that any boil water advisory still exists in any corner of our country, but real progress has been made and is sometimes overlooked.

When our government came into power, there were 105 boil water advisories in the country. We have eliminated 106 of them, and as of March 2021, 177 short-term drinking water advisories were also lifted. In fact, access to clean water has been restored to approximately 5,920 homes in first nations communities. I know and understand that much more work still needs to be done on this, but never before have we had a federal government in Canada that is more committed to getting that work done.

We have also made historic investments in education, housing, police services and shelters in indigenous communities.

The 2020 fall economic statement includes an additional investment of $781.5 million over five years starting this year as well as ongoing funding in the amount of $106.3 million to fight systemic discrimination against indigenous peoples and expand efforts to fight violence against indigenous women, girls and LGBTQ2 and two-spirit people.

These proposed investments include the following amounts: $724.1 million to launch a comprehensive violence prevention strategy to expand access to culturally relevant supports for indigenous women, children and LGBTQ2 and two-spirit people facing gender-based violence; $49.3 million to support the implementation of Gladue principles in the justice system in order to help reduce the overrepresentation of indigenous peoples in the criminal justice and correctional systems; and $8.1 million to develop administration of justice agreements with indigenous communities to strengthen community-based justice systems and support self-determination.

There is still a lot of work to do, but we are working even harder.

Bill C-15 is an action plan that will confirm that the declaration is a universal human rights instrument that applies to Canadian law and provides a framework for the Government of Canada's implementation of the declaration. It is an essential step toward reconciliation, and it is long overdue.

I therefore ask all members of the House to pass Bill C-15 as soon as possible.

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April 15th, 2021 / 6 p.m.
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Bloc

Michel Boudrias Bloc Terrebonne, QC

Madam Speaker, the House has a responsibility to recognize the legitimacy of the declaration we are discussing today in our debate on Bill C-15.

Since the time of New France, Quebeckers have historically been partners and supporters of indigenous nations. I would even say that our history and our nation are bound up with the well-being of all of North America's indigenous nations. This declaration comes at the right time, as does some of Bill C-15. However, a declaration means nothing without measures to back it up.

Since the 1960s, Quebec has signed various agreements on its land regarding the self-government for indigenous nations. Under these agreements, these nations must be provided with as many resources and tools as possible so they can govern themselves. Could my colleague tell us whether her government foresees any major actions to put an end to the vassalage of indigenous nations and allow them greater self-government?

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April 15th, 2021 / 6 p.m.
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Liberal

Rachel Bendayan Liberal Outremont, QC

Madam Speaker, I thank my colleague.

I completely agree that Quebeckers want us to move forward with this and that they want to strengthen our nation-to-nation relationship with indigenous peoples.

As I mentioned in my speech, I think that not only do we need to adopt the declaration and the principles in it, but we also need to back that up with money, which we did. In the 2020 fall economic statement, we announced historic investments to address the needs of indigenous peoples.

We need to adopt Bill C-15, which enshrines the United Nations Declaration on the Rights of Indigenous Peoples, and we also need to invest in equipping indigenous peoples with the best tools possible.

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April 15th, 2021 / 6 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, the hon. member spoke of vaccines in the indigenous community, and that of course leads to the issue of indigenous health. We know that indigenous people in Canada score below the mean on every major health metric, and one of the core elements of health is access to basic nutrition and clean water. However, the government has missed its self-imposed target of removing every boil water advisory by this time.

The Liberals have been in government for most of the last 150 years but have failed miserably on indigenous health. Why should indigenous peoples have any faith that the government will make any meaningful progress on actually implementing UNDRIP?

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April 15th, 2021 / 6:05 p.m.
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Liberal

Rachel Bendayan Liberal Outremont, QC

Madam Speaker, my colleague is absolutely right. What we have seen through many different statistics is that our indigenous communities are more vulnerable and do have real challenges when it comes to the health systems that are available, particularly in remote communities. That is exactly why this government prioritized indigenous communities in our vaccine rollout. That is why such a significant number of indigenous communities have been vaccinated. As I mentioned in my speech, over 50% of indigenous communities have been fully vaccinated. As I also said, that contributed to an 80% decline in COVID-19 cases in indigenous communities. Our strategy had real and concrete results, and I think we need to continue in that vein as we move forward and continue to support the health and safety of our indigenous communities.

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April 15th, 2021 / 6:05 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I will ask a brief question.

In testimony before committee, Mark Podlasly of the First Nations Major Projects Coalition asked for a clear definition of what consent means in the context of Bill C-15. I will not read the quote, as I am conscious of the time.

Will the member commit to ensuring that clarity is added to the bill? Many first nations have expressed to me that it lacks a great deal of needed clarity.

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April 15th, 2021 / 6:05 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

The hon. parliamentary secretary has 15 seconds.

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April 15th, 2021 / 6:05 p.m.
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Liberal

Rachel Bendayan Liberal Outremont, QC

Madam Speaker, I am not sure if I can give a complete answer in 15 seconds, but I will start by saying that free, prior and informed consent, as it does appear in various aspects of the declaration, refers specifically to the importance of meaningful participation among indigenous peoples through their own mechanisms in all of the decisions and processes that could affect them, including with respect to energy projects. It is a way of working together to establish consensus through dialogue and other means, which would enable—

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April 15th, 2021 / 6:05 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

We have to resume debate.

The hon. Parliamentary Secretary to the Minister of Justice and Attorney General of Canada.

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April 15th, 2021 / 6:05 p.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I am pleased to be speaking today at the second reading stage of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which was introduced on December 3 of last year by the Minister of Justice and Attorney General of Canada.

Introducing legislation to advance the implementation of the declaration is a key step in renewing the Government of Canada's relationship with indigenous peoples. I am speaking today from the traditional territory of the Haudenosaunee, the Huron-Wendat, the Anishinabe and, most recently, the territory of the Mississaugas of the Credit first nation. Toronto is now home to many diverse first nation, Inuit and Métis peoples.

Many of my constituents in Parkdale—High Park are strong advocates for the implementation of the UN Declaration on the Rights of Indigenous Peoples. It is a privilege to represent such engaged and vocal individuals. My constituents have been clear about the importance of having a government that respects indigenous rights and plays an active role in reconciliation. This legislation would address those concerns by taking measures to ensure that the laws of Canada are consistent with the UN Declaration on the Rights of Indigenous Peoples. This bill is a critical step forward in the joint journey toward reconciliation.

I know that members are familiar with the United Nations Declaration on the Rights of Indigenous Peoples, but to provide a bit of context, the declaration was adopted in 2007 after many years of hard work by indigenous leaders and countless Canadians.

We are grateful for the unwavering dedication of indigenous leaders such as Dr. Wilton Littlechild and many other stakeholders who worked tirelessly for many years to develop and negotiate the declaration.

I want to refer specifically to the long-standing work of James Sákéj Youngblood Henderson, who made UNDRIP a key part of his life's work, and who also happens to be the father of my colleague, the member for Sydney—Victoria. The adoption of this declaration was a very significant moment in human history, with the goal of protecting and promoting indigenous rights around the world.

The declaration contains 46 articles that address a wide variety of individual and collective rights, including cultural and identity rights, and rights relating to education, health, employment and language, among others.

It is the language piece that I want to focus on very briefly because I do feel that this dovetails with the other work that has been accomplished by our government and by this Parliament. In this, I am referring to the Indigenous Languages Act.

In the previous Parliament, I had the ability and the opportunity to work with the minister of heritage on the Indigenous Languages Act legislation. Through that process, I learned not only a tremendous amount about myself as a parliamentarian, but also about the legacy of colonial policies in this country over 400 years of settler contact with indigenous persons.

In restoring languages through the Indigenous Languages Act, which we passed in the last Parliament, restoring funding and now ensuring that we are working toward the passage of UNDRIP, we see a continuity in terms of protecting cultural and linguistic rights, among many other rights, for indigenous persons on this land. These rights are sorely in need of protection as we try to give meaning to concepts of autonomy and autodétermination, as we say in French.

The declaration itself also recognizes that the situation of indigenous people varies from region to region and from country to country. It provides us with flexibility and the opportunity, in consultation and co-operation with indigenous people, to ensure that rights are recognized, protected and implemented in a manner that reflects the circumstances right here in Canada. In May 2016, our government endorsed the UN declaration, without qualification, and we committed to its implementation.

Subsequently, we were very proud to support private member's bill, Bill C-262, in the previous Parliament, which was introduced by former NDP member of Parliament Romeo Saganash. Unfortunately, Bill C-262 died in the Senate in June 2019, due in large part, I will frankly indicate, to stonewalling by Conservative members of the Senate. However, what we did in the 2019 electoral campaign is redouble the commitment of the Liberal Party to reintroducing UNDRIP as a government bill, which is exactly what we have done with Bill C-15. This builds on the foundational work that was presented by the old bill, Bill C-262, in the previous Parliament.

Building on support from indigenous groups for the former Bill C-262 and following discussions with indigenous partners, we as a government used the old Bill C-262 as the floor for the development of this new legislative proposal, which is currently before all of us in this chamber.

The Government of Canada drafted the bill following consultations with representatives of national and regional indigenous organizations, modern treaty partners, self-governing first nations, rights holders, indigenous youth, indigenous women, gender-diverse and two-spirit people, as well as representatives from other indigenous organizations. The comments received throughout the consultation process helped shape the bill.

That was the genesis of Bill C-15, which seeks to affirm the declaration as a universal international human rights instrument with application in Canadian law and provide a framework for the Government of Canada’s implementation of the declaration.

Bill C-15 is but one sign of the progress I believe we are making in advancing reconciliation, affirming human rights, addressing systemic racism and combatting discrimination in this country. Members heard some of that in the previous speech from the member for Outremont with respect to other milestones we have reached as a government, but what I think is critical here is when we speak about combatting discrimination, in particular systemic racism.

It should not be lost on any members of Parliament how critical the timing of this bill is, given the moment we are in collectively as a nation and as a continent, with a movement taken on by all Canadians to actively combat systemic discrimination and systemic racism. COVID has shone a light on this, and we have been responding to it. Bill C-15 is part of the continuity of work that includes Bill C-22, which is about ending many mandatory minimum penalties that disproportionately impact Black and indigenous Canadians. Bill C-15 is part of that continuity and body of work.

This bill, Bill C-15, builds on the significant progress we have been making on implementing the declaration on a policy basis by creating a legislated, durable framework requiring the federal government, in consultation and co-operation with first nations, Inuit and Métis people, to take all measures necessary to ensure that federal laws are consistent with the declaration, to prepare and implement an action plan to achieve the objectives of the declaration, and to report annually to Parliament on progress made in implementing the legislation.

Enhancements we have made to Bill C-15 as a result of the engagement process we undertook with indigenous peoples, which preceded its introduction, include the addition of new language in the preamble, with the following objectives: to highlight the positive contributions the declaration can make to reconciliation, healing and peace; to recognize the inherent rights of indigenous peoples; to reflect the importance of respecting treaties, agreements and constructive arrangements; to highlight the connection between the declaration and sustainable development; and to emphasize the need to take the diversity of indigenous peoples into account in implementing the legislation. Other key enhancements include the addition of a purpose clause to address application of the declaration in Canadian law and to affirm the legislation as a framework for federal implementation of the declaration, and clearer and more robust provisions on the process for developing and tabling the action plan and annual reports.

Moving ahead with Bill C-15 is consistent with our commitment to address the TRC calls to action and respond to the national inquiry into MMIWG and the calls for justice therein. Implementing this declaration is the natural next step in our journey to advance reconciliation, something I mentioned at the outset. This would be a significant step forward in our efforts to build a renewed relationship with indigenous peoples based on rights, respect, co-operation and partnership.

The United Nations Declaration on the Rights of Indigenous Peoples will be used as an essential tool in developing the Canadian framework for reconciliation, which will reflect our own history and our own legal and constitutional framework.

The bill proposes a legislative framework for the UN declaration, so that over time, as other laws are modified or developed, they would be aligned with the declaration. To this end, the legislation would require the Government of Canada, “in consultation and cooperation with Indigenous peoples, [to] take all measures necessary to ensure that the laws of Canada are consistent with the Declaration”, “prepare and implement an action plan”, and table an annual report to align the laws of Canada on the action plan.

As written, this bill would require that the action plan include measures to “address injustices, combat prejudice and eliminate all forms of violence and discrimination...against Indigenous peoples” and “promote mutual respect and understanding as well as good relations, including through human rights education”. The action plan would also include “measures related to monitoring, oversight, recourse or remedy or other accountability measures with respect to the implementation of the Declaration.”

I want to spend my last remaining time on an issue that has come up, which is with respect to free, prior and informed consent. Free, prior and informed consent is about doing just that. It is about the effective and meaningful participation of indigenous peoples in decisions that affect them, their communities and their territories. The participation of indigenous peoples as full partners in economic development is a reflection of their inherent right to self-determination. Achieving consent is the goal of any consultation or collaboration processes. This means we need to make every effort to reach agreements that work for all parties. To be clear, the concept does not confer veto or require unanimity in these types of decisions. If consent cannot be secured, the facts of law applicable to the specific circumstances will determine the path forward.

I would refer members of this House to the testimony of David Chartrand of the Métis National Council who said precisely this. I would also refer members of this House to the previous testimony of people like Romeo Saganash in parliamentary committees when we were studying the old bill, Bill C-262, in the last Parliament who also indicated that it is not the interpretation of the law that free, prior and informed consent, FPIC, would constitute a veto. Indeed, in literally the last 36 to 48 hours, Mary Ellen Turpel-Lafond, as counsel for the Assembly of First Nations said at the standing committee looking into this bill that “The idea that free—

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April 15th, 2021 / 6:15 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I am going to have to invite the member to continue during questions and comments.

Questions and comments, the hon. member for Saanich—Gulf Islands.

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April 15th, 2021 / 6:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, this may be my only opportunity to speak to the legislation before us.

I am deeply troubled by the fact that this government, which professes the high purposes of the United Nations Declaration on the Rights of Indigenous Peoples appears in practice to decide that free, prior and informed consent means to continue to coerce first nations until they give consent to a decision that has already been made. I refer to the Trans Mountain pipeline as an example, which the Government of Canada bought without conferring with first nations, as we should have done. It continues, as elected members of council of the first nation in my territory, which I am honoured to represent, the territory of the W_SÁNEC Nation, have told me that the TMX, now a Crown corporation, comes to them offering money to try to get them to stop objecting. That is not free or prior consent, and yet that is what is being practised right now—

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April 15th, 2021 / 6:15 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I have to give the hon. parliamentary secretary a chance to answer.

The hon. parliamentary secretary.

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April 15th, 2021 / 6:15 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, this is an important issue. It is an issue that is obviously a dynamic one and an issue that will be considered on an ongoing basis.

However, what I was about to relate from Mary Ellen Turpel-Lafond I think captures the idea in response to the member's question. She said, as counsel for the AFN, that “The idea that free, prior and informed consent is some kind of a veto is simply not supported, and that is not how it's operationalized.” That is an important point to register.

With respect to the timing of the negotiations and the timing of the outreach to first nations communities, be they elected leaders, hereditary chiefs or other individuals, that is a very valid point that the member is raising, and something that we will continue to work on as a government and as all parliamentarians to ensure that this consultation is sought at the earliest possible opportunity.

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April 15th, 2021 / 6:20 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I want to ask the member about a decision the government made that I think would very clearly violate the principle of free, prior and informed consent. I heard about it when I joined the foreign affairs committee in the last Parliament visiting Canada's north.

In December of 2016, the government designated all Arctic waters as indefinitely off-limits to future oil and gas licencing. Indigenous communities in the north told us that they found out about this through a phone call 45 minutes before the announcement was made to the public.

Does the government think that it has the same obligation to consult when it introduced these kinds of anti-development policies that hold back the desire of indigenous communities in the north to develop their own resources for their own benefit?

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April 15th, 2021 / 6:20 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I thank the hon. member for his frequent participation in debate on all matters in this House.

The bottom line is that when we enact and seek to enact the UN Declaration on the Rights of Indigenous Peoples via Bill C-15 into Canadian law, what we are saying is that we must consult with indigenous peoples in all of their heterogeneity, and I think it is an important point that the member raises.

We know that there are indigenous people on the western prairies who believe in resource development, including pipeline development. We know that there are indigenous communities in the north that may believe in drilling in the far north. A requirement to consult and a requirement to do that outreach must apply across the board with all aspects of the community with respect to all projects, whether it is a resource-based project or one that would prevent such a project from moving forward.

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April 15th, 2021 / 6:20 p.m.
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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, my friend Richard Kistabish, also known as Ejinagosi, a former chief of Abitibiwinni nation, which is located in my riding, and a former Anishinabe grand chief, was recently appointed to the Global Task Force for Making a Decade of Action for Indigenous Languages, 2022-32. I would remind everyone that the House is located on Anishinabe land.

I chatted with him about the bill yesterday, and he told me it was good news because it officially excludes the term “Indian”. He feels that is a starting point for dialogue because that recognition is a prerequisite for conversations about other issues. He sees the passage of Bill C-15 as nothing less than a signal to initiate dialogue. Ever since the Constitution was repatriated, Indians have lost their rights, and I want to point out to the House that the term “Indian” is pejorative.

What does the parliamentary secretary think about that perspective? Will there be next steps after the passage of Bill C-15 to initiate a nation-to-nation dialogue with indigenous peoples as equals?

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April 15th, 2021 / 6:20 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, after this bill is passed, I am sure that we will begin a new chapter and open a new dialogue in good faith with all indigenous peoples, namely the first nations, Inuit and Métis peoples.

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April 15th, 2021 / 6:20 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, I have the great honour to finally rise in the House, virtually of course, to speak to Bill C-15, which seeks to implement the United Nations Declaration on the Rights of Indigenous Peoples. I am also very pleased to give this speech in support of Bill C-15 on behalf of some 20 Cree, Inuit and Algonquin communities in the great riding of Abitibi—Baie-James—Nunavik—Eeyou.

I said “finally” because we have waited for this bill for a long time. The United Nations declaration was adopted on September 13, 2007. It is now April 2021, nearly 14 years later, and the declaration has still not been enshrined in Canadian law. Fourteen years is a long time. That is four Parliaments. However, 14 years is just slightly less than the gap in life expectancy at birth between Inuit people and the rest of the Canadian population. In 2017, this gap was 15 years for men. A 15-year gap represents half a generation, or one-sixth of a century, which is a lot of years in a human life.

Time goes by and the world changes, but time stands still for indigenous peoples. Nothing moves, nothing changes because procrastination reigns supreme in the kingdom of Canada. It is time for that to change.

I am unfortunately running out of time, so I will talk about the history of our political party, the declaration, and the notion of free, prior and informed consent.

We believe—

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April 15th, 2021 / 6:25 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I apologize for having to cut off the member, but it being 6:25 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now 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 Sherwood Park—Fort Saskatchewan.

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April 15th, 2021 / 6:25 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I would like to request a recorded division.

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April 15th, 2021 / 6:25 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Pursuant to Standing Order made on Monday, January 25, the division stands deferred until Monday, April 19 at the expiry of the time provided for Oral Questions.

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April 15th, 2021 / 6:25 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I believe if you seek it, you will find unanimous consent to see the clock at 6:40 p.m.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 6:25 p.m.
See context

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Is it agreed?

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 6:25 p.m.
See context

Some hon. members

Agreed.

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

April 15th, 2021 / 6:25 p.m.
See context

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

It being 6:40 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.