Bill C-15 (Historical)

United Nations Declaration on the Rights of Indigenous Peoples Act

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

This enactment provides that the Government of Canada must take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples, and must prepare and implement an action plan to achieve the objectives of the Declaration.

Business of the House

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

Mr. Speaker, I thank my colleague. I am pleased to have the Thursday question. It allows me to talk to him, which is increasingly rare these days.

To answer his question directly, tomorrow we will resume debate at second reading of Bill C-10, an act to amend the Broadcasting Act.

When we return from our constituency week on February 16, we will resume consideration of Bill C-14, an act to implement certain provisions of the economic statement. It is absolutely vital that we pass it quickly.

Wednesday, we will begin second reading of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which is also referred to as UNDRIP.

Thursday, February 18 shall be an allotted day.

On Friday, we will start second reading debate of Bill C-13 concerning single event sport betting, as well as Bill C-19, which would provide for temporary rules to ensure the safe administration of an election in the context of the COVID-19 pandemic.

I hope all our colleagues have an excellent week working in their ridings.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Thank you, Mr. Chair.

I thank Madame Normandin for her intervention. I note the work that the Bloc has done on UNDRIP, and we're hoping to get the support of the Bloc as we move Bill C-15 through the House and this committee.

Without getting into a prolonged constitutional discussion, I just want to put on the record the importance of having this work within Bill C-8, the term “Constitution Act, 1982”. It is very important in the sense that it recognizes some very specific rights of indigenous people, defined in section 35.

Bill C-8 is a document that had consultation through a number of different indigenous organizations and peoples, and we believe it's an important outlet to reaffirm the importance of the Constitution and the constitutional rights of indigenous peoples as enshrined therein.

I will probably stop there. We are going to be opposing the amendment, and while we appreciate the suggestions put forward by Ms. Normandin, I do think it's an important element to incorporate into a citizenship oath.

Climate Change Accountability Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, I would like to start by congratulating my colleague, the member for Avignon—La Mitis—Matane—Matapédia, for putting forward her first private member's bill, Bill C-215.

The climate emergency is the greatest existential threat of our time, and we are running out of time. Executive director Inger Andersen of the UN Environment Programme stated, “The science is clear that if we keep exploiting wildlife and destroying our ecosystems, then we can expect to see a steady stream of these diseases jumping from animals to humans in the years ahead.” There is a direct correlation between the climate emergency and the current pandemic in which we find ourselves. She went on to say, “To prevent future outbreaks, we must become much more deliberate about protecting our natural environment.”

It is clear that climate accountability and climate action are essential to preventing future pandemics. It is clear that without acting on this emergency, we will increasingly experience food and water insecurity, income crises, conflict and, even further, global conflict. The infinite cost of climate change will continue to rise unless we act now.

The climate emergency poses a serious threat to our environment, economy, health and safety. At the forefront of this issue are indigenous peoples. The government has even acknowledged that. In fact, a preamble paragraph in Bill C-15 states:

Whereas the implementation of the Declaration can contribute to supporting sustainable development and responding to growing concerns relating to climate change and its impacts on Indigenous peoples

This is in reference to the full adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

The impacts of this crisis are already being felt in Canada, particularly in the Arctic and along our beautiful coasts. It is disproportionately impacting indigenous nations, rural communities and marginalized and racialized communities. This is what we call environmental racism. Indigenous and northern communities, farmers, food producers and others have been sounding alarms about the impact of climate change on ecosystems, but this has fallen on the deaf ears of consecutive Liberal and Conservative governments, which have failed in their duty to protect our beautiful mother earth.

We know that the climate emergency is now impacting our food security, and indigenous people across our lands are among the most impacted. It is disrupting traditional ways of life and food security, especially in remote northern communities, where the climate is warming at a much faster rate, which is impacting traditional food sources.

Not only that, when we take away people's sustenance, we force them to find other ways to acquire food. We force remote communities to rely on expensive imported food alternatives, leaving individuals to afford only the unhealthy food options. This has a negative impact on health, so it is not surprising that there is a correlation between physical wellness and the impacts of the climate emergency.

In addition, it goes beyond just climate to include the kind of violence and the increased rates of violence against indigenous women and girls that come as a result of resource extraction projects that bring workers into our communities. They are perpetrating violence against indigenous women and girls, a crisis that was confirmed in the National Inquiry into Missing and Murdered Indigenous Women and Girls. We need to act now to respond to the calls for justice.

Indigenous people have experienced the greatest impacts of the climate emergency, so it is not surprising that many indigenous peoples from across this country, even as we speak in the House today, are on the front lines to fight against the climate emergency.

Reconciliation and fundamental indigenous rights, the rights that are articulated in the United Nations Declaration on the Rights of Indigenous Peoples, go hand in hand with environmental justice. With all due respect to my colleague, the fact that she did not even mention the United Nations Declaration on the Rights of Indigenous Peoples in her bill is shocking.

Not only that, but I think we see the impacts of climate change on emotional health, particularly the emotional health of young people who are fighting to keep our world healthy. People are tired of governments committing to targets and then missing them again and again. We are running out of time to turn things around.

With Bill C-12, we will not be on track to meet our international climate obligations. We need an action plan that honours our international climate commitments and obligations. We need a plan that addresses the urgency of the climate emergency.

Although the current government proposed Bill C-12, the Canadian net-zero emissions accountability act, it is not consistent with agreements we have made with the international community. For example, there is no target for 2025 and there are no real accountability measures for the next 10 years, even though we know the next decade will be the most critical.

The accountability mechanisms, including the advisory committee, are weak and rely on the environment commissioner, whose office is already underfunded. We will not achieve climate justice without accountability, so it was surprising to me that although there are many good parts in the bill, the accountability measures put far too much power in the hands of ministers, who have a history of destroying our environment and not taking environmental stewardship seriously.

The NDP has a long history of pushing for greater accountability of government for its actions to fight climate change. I put forward, for example, Bill C-232, which provided a clear accountability framework and called on the federal government to take all measures necessary to address the climate emergency. For the first time, a piece of legislation pushed forward a clean, safe and healthy environment as a human right that would be enshrined in law with the federal environmental bill of rights.

We have other examples, such as Linda Duncan, Jack Layton and Megan Leslie.

We need to work together to push forward a bold climate agenda. We are running out of time.

[Cynthia Wesley-Esquimaux, Chair, Governing Circle, National Centre for Truth and Reconciliation]

Thank you.

Ahneen. Good evening. My name is Cynthia Wesley-Esquimaux. I am the chair of the National Centre for Truth and Reconciliation governing circle and an honorary witness for the Truth and Reconciliation Commission. I'm also a proud member and resident of the Chippewas of Georgina Island First Nation in Lake Simcoe, Ontario. Together with the Chippewas of Beausoleil and Rama and the Mississaugas of Alderville, Curve Lake, Hiawatha and Scugog Island, we are signatories to the pre-Confederation 1923 Williams Treaties, signed throughout the 18th and 19th centuries, which covered lands in different parts of south central Ontario.

First, I would like to acknowledge that I am also speaking to you from the original lands of the Chippewa. I want to thank the House of Commons Standing Committee on Indigenous and Northern Affairs for inviting the centre to appear in order to contribute to your study of Bill C-8, an act to amend the Citizenship Act. This is an important initiative, one that will breathe life into one of the recommendations of the Truth and Reconciliation Commission of Canada as set out in its call to action number 94.

The National Centre for Truth and Reconciliation would like to thank the Honourable Ahmed Hussen for sponsoring Bill C-99 on this matter and the Honourable Marco Mendicino for sponsoring Bill C-8 and its predecessor, Bill C-6. We encourage all parliamentarians to ensure that Bill C-8 receives royal assent during this parliamentary session. We applaud the effort to be more inclusive as a society, as part of the very act of welcoming people to become citizens of our country. This addition to the citizenship oath, one which “recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples”, is in the true spirit of reconciliation.

At second reading of this bill, Minister Mendicino stated that at the time of the publication of the Truth and Reconciliation Commission report, too few Canadians knew about the tragedy of residential schools. He also noted, “Our government firmly believes that we must acknowledge the injustices of the past and envision a new relationship based on the inherent rights of indigenous peoples.” We agree, and note that considerable progress has been made towards creating awareness, developing a new relationship, and recognizing the rights of first nations, Inuit and Métis peoples as contained in section 35 of the Canadian Constitution. Indeed, much progress has been made in recognizing and upholding the international human rights of indigenous peoples.

The Truth and Reconciliation Commission called the United Nations Declaration on the Rights of Indigenous Peoples the “framework for reconciliation”, as it supports the development of new relationships as described by Minister Mendicino, relationships based on co-operation and mutual understanding, as well as recognition and respect for the human rights of indigenous peoples.

In this regard, we would like to express to the federal government our support and appreciation for the introduction of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which was co-developed with first nations, Inuit and the Métis nation. Bill C-15 is itself a symbol of reconciliation and a new approach to the relationship. It is complementary to the aim of Bill C-8, to recognize and affirm “the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples”.

There is so much that we hope new citizens and all Canadians will understand about the history and relationship with indigenous peoples. This is why the Truth and Reconciliation Commission recommended that the information kit for newcomers and the citizenship test be amended to reflect a more inclusive history of the indigenous peoples of Canada, including information about aboriginal rights, treaties and the history of residential schools. Although Bill C-8 does not address needed changes to the information kit, we do hope this complementary policy action to support the intent of call to action number 94 will be undertaken by the Government of Canada. This type of education and awareness building is important work, as has already been stated.

It is important for newcomers to have an understanding of the laws of Canada, including the Constitution, which recognizes and affirms the aboriginal and treaty rights of first nations, Inuit and Métis peoples. We need to build societal understanding about the rich, diverse and vibrant cultures and histories of the indigenous peoples in Canada. I myself have dedicated my life to building bridges of understanding among individuals and peoples. I see endless merit in bringing people from diverse cultures, ages and backgrounds together to engage in practical dialogue. I remain deeply committed to public education and youth engagement from all cultures and backgrounds, and spend a considerable amount of time throughout the year delivering those kinds of educational processes to people across the country.

The National Centre for Truth and Reconciliation was established because of a shared vision held by those affected by the residential school system in Canada to create a safe place of learning and dialogue where the truths of their experiences are honoured and kept safe for future generations. They wanted their families, communities and all of Canada to learn from these hard lessons so that they would not be repeated. They wanted to share the wisdom of the elders and traditional knowledge-keepers on how to create just and peaceful relationships amongst diverse peoples. They knew that reconciliation is not only about the past; it is also about the future that all Canadians will forge together.

Bill C-8 is an important part of this journey we take together to create a brighter future for all Canadians.

The National Centre for Truth and Reconciliation and its governing circle stand ready to support the government's reconciliation [Technical difficulty—Editor].

Meegwetch.

[Chief Tyrone McNeil]

I will respond in the context of Bill C-15. Quite often we're educating everybody, including commercial and recreational fishers, on our rights, for example, regarding Sparrow. The federal government should be assisting us in that role, because if it's first nations standing alone, like on the east coast, you're going to get that racist attack by the public, but if we have the federal government standing with us, with an understanding of what our rights are, and moving that forward, bringing our local rights to bear, we could actually bring the province in with a similar conversation.

We could have a tripartite agreement between British Columbia first nations and the federal government in a collective, positive, forward-looking way, as opposed to being reactive to an uneducated public later on down the road, which is so harmful. Let's educate them collaboratively.

Climate Emergency Action Act

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, my bill provides a consultation framework so that any climate emergency action framework would be developed in direct consultation with civil society and indigenous peoples. It would not be directed by the minister, but by people on the ground.

It also has very clear accountability measures that are consistent with what we heard with respect to Bill C-15 yesterday.

As well, it meets the new minimum human rights requirements outlined in the United Nations Declaration on the Rights of Indigenous Peoples that any legislation has to be compliant with.

[Leah Gazan, NDP, Winnipeg Centre, MB]

moved that Bill C-232, An Act respecting a Climate Emergency Action Framework, be read the second time and referred to a committee.

Mr. Speaker, I would like to share how honoured I am to be here today to share my first private member's bill as a member of Parliament. It is a very exciting day, for sure.

Close to 50 years ago, in 1972, the first international meeting on the environment took place where member states adopted the Stockholm declaration, which affirmed our responsibility to protect the environment for future generations. It is 2020. We have failed. We have failed in upholding this commitment and we now find ourselves in a climate crisis combined with a human rights crisis in our failure to recognize a clean, healthy and safe environment as a human right, something that has been recognized by 156 out of 193 member states.

Canada is far behind in the world in taking bold actions against the climate emergency. This climate emergency is threatening everything we know and value. Wildfires, flooding and extreme weather are worsening. The futures of our children's and grandchildren's lives are on the line. All life is now on the line and everything depends now on the actions we take.

The Canadian Paediatric Society indicates that children are among the most vulnerable to the health impacts of the climate crisis. Young people also report frequent experiences with anxiety related to their fears around the climate emergency. The reality is that this anxiety is based in fact. We are running out of time to turn things around.

Canada has not met a single climate target it has set. Young people, indigenous peoples and civil society groups want action and accountability from our government. The impacts of the climate crisis are already being felt in Canada, particularly in the Arctic and along the coasts, disproportionately impacting indigenous nations, rural communities and communities composed of people from marginalized and racialized groups.

The climate emergency has significantly impacted and destroyed the traditional territories of indigenous people, in turn, impacting livelihoods. This was noted by the current UN Special Rapporteur on human rights and the environment, as released in a report outlining how the lack of legal right to a healthy environment had a direct impact on indigenous peoples and racialized communities in Canada.

We are witnessing around the country that individuals, indigenous nations and young people want real action to address the climate crisis. I know our party, the New Democratic Party, shares this concern. This cannot be achieved without the recognition and respect of the fundamental human rights of indigenous peoples as affirmed in the United Nations Declaration on the Rights of Indigenous Peoples.

Canada's nation-to-nation relationship with indigenous peoples must be respected. There is no reconciliation in the absence of justice and this bill would be a step toward climate justice and upholding human rights, particularly with indigenous people, something the current Prime Minister indicated was the “most important relationship”.

People are tired of words. We are faced with the biggest existential threat, and yet we have a government that continues to fail to act, and continues to willfully violate the human rights of indigenous peoples on its own watch. There is no reconciliation in the absence of justice, and that also includes climate justice.

Moreover, indigenous women are experiencing the most direct impacts of the climate emergency. Their interests must be specifically considered under article 22 of the UN Declaration on the Rights of Indigenous Peoples, which states:

Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.

It also states that:

States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

It is important to note that the National Inquiry into Missing and Murdered Indigenous Women and Girls found that a direct correlation existed between an influx of transient workers, those who arrived mostly in isolated towns and cities from elsewhere to work in mines or industries like oil and gas, and hydro, and higher rates of sexual assault, harassment, STIs and human trafficking. A right to a healthy environment and human rights of women and girls is always interconnected. We are sisters, mothers, aunties and grandmothers. Our bodies and our lives are sacred, like our Mother Earth. The life she provides needs to be honoured, just like our women, girls, sisters, aunties and grandmothers who continue to face unimaginable violence for the purpose of economic gain. We are sacred beings.

In addition to women, girls and transgender people, indigenous peoples are among the most impacted by the climate emergency, which includes the disruption of traditional ways of life and food security, especially in the north, which is warming up at a much faster rate. This has given rise to higher costs for imported food alternatives, leaving individuals able to afford only unhealthy food options, which contributes to greater food insecurity and negative impacts on health. Indigenous people in Canada are among the lowest contributors to greenhouse gas emissions in the country, yet research indicates that they are the most impacted by the climate crisis.

Indigenous peoples have experienced the impacts of the climate crisis for generations and are most often the ones on the front lines fighting to protect our Mother Earth. I have joined them on those front lines. We must respect indigenous science and knowledge that provides a complex understanding about how to address the climate crisis, which is why it informs the development framework of Bill C-232.

Yesterday I was really happy to see the government introduce Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, which is why I am especially pleased to rise today to present my private member's Bill C-232, an act respecting a climate emergency action framework, the first test of the government's commitment to upholding the human rights articulated in the United Nations Declaration on the Rights of Indigenous Peoples.

Bill C-15 requires that all new legislation from this House be consistent with the United Nations Declaration on the Rights of Indigenous Peoples. I am very proud to say that Bill C-232 is consistent with the United Nations Declaration on the Rights of Indigenous Peoples, a bill that supports the development of a made-in-Canada, green, new deal that ensures that Canada takes all measures necessary to respect its commitments under the convention on climate change to reduce greenhouse gas emissions, and that it does so while fully complying with the United Nations Declaration on the Rights of Indigenous Peoples.

We have international commitments, as well, to fight the climate emergency and uphold human rights, and this includes the UN Convention on Climate Change, the Paris Agreement and the United Nations Declaration on the Rights of Indigenous Peoples. I cannot say that too many times.

This bill upholds these international agreements and recognizes the right of all Canadians to a safe, clean, healthy environment as a human right. There is widespread consensus that human rights norms apply to environmental issues, including the right to a safe, clean, healthy and sustainable environment. In fact, more than 100 countries in the world have recognized this human right in their legislation or Constitution, and it is time for Canada to follow their lead.

The Parliament of Canada has recognized that we are in a climate emergency, so the fact that the Liberal government fails to appropriately react and continues to put forth plans that will not allow us to meet climate targets needs to end. Bill C-232 calls on the Government of Canada to take all measures necessary to mitigate the impacts of the climate emergency and provides a framework to achieve a made-in-Canada, green, new deal with accountability and transparency measures to hold the government to account.

This framework would save lives and mitigate the impacts of the climate emergency on public health, the natural environment and on the economy while upholding, lifting up human rights. If the government is serious about Bill C-15, and I do hope it is, supporting this bill would be an act of good faith and a first attempt by the government to demonstrate that it is serious in its commitment to adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples.

It is time we begin divesting from fossil fuels and reinvesting in a green economy that brings workers along, increases employment in the green energy sector, and increases investment in green infrastructure and housing in respect of human rights. Bill C-232 provides the critical framework for this transformation to achieve the transformative climate action legislation.

We are running out of time. We must act now. Our ability to survive depends on what we do now.

Indigenous Affairs

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, yesterday our government tabled important legislation on the implementation of the Declaration on the Rights of Indigenous Peoples. Built upon the former Bill C-262, this bill aims to protect and promote indigenous rights, including the right to self-determination and self-government, equality and non-discrimination.

Would the Parliamentary Secretary to the Minister of Justice update the House on the foundations of Bill C-15 and its ability to serve as a framework to advance reconciliation with indigenous peoples?

Rights of Indigenous Peoples

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, today I congratulate the work of all indigenous and grassroots leaders across these lands, faith groups, human rights advocates and thousands of people who fought for the adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Bill C-15 is the result of decades of work by people who I walked side by side with. We wrote, gathered, rallied and published, fighting for human rights. These include Anna Collins, Grand Chief Wilton Littlechild, Dr. Ted Moses, Steve Heinrichs, Jennifer Preston, Jennifer Henry, Cathy Moore-Thiessen, Charlie Wright, Mary Ellen Turpel- Lafond, Tina Keeper, Denise Savoie, Paul Joffe, Ellen Gabriel, the member of Parliament for Scarborough—Rouge Park, my partner Romeo Saganash, who introduced Bill C-262, and so many others.

I look forward to this piece of legislation being passed to ensure that all indigenous people in Canada have their fundamental human rights upheld. It is always a good day for human rights.

[Marcel Lawson-Swain]

Tansi, boozhoo.

That is a really tough question. It's not easy to answer that.

Locally, in Vancouver, we have been calling for the government to begin the work of reconciliation by doing audits of systemic barriers to see what policies and laws exist that pose discrimination or systemic discrimination for indigenous people.

On the one hand, when government is doing reconciliation pieces, we're finding, locally here, that often government departments are working toward places where they're taking urban indigenous people and lumping them into an equity policy. We find that somewhat disrespectful, with respect to the unique and distinct history of indigenous people in this country, to find ourselves being assimilated into another process of equality, and assimilating us through equity provisions.

I don't know if that answers your question, but we need to do more nationally in this country to assess all of the rules, policies and laws that create systemic barriers for our people. That, I don't believe, has been done.

Hopefully, with Bill C-15 and the new issues with respect to UNDRIP, we will find ways to weed through those policies and become more effective with the work that we're doing nationally.

United Nations Declaration on the Rights of Indigenous Peoples Act

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

moved for leave to introduce Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

(Motions deemed adopted, bill read the first time and printed)