Bill C-15 (Historical)

United Nations Declaration on the Rights of Indigenous Peoples Act

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

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

United Nations Declaration on the Rights of Indigenous Peoples Act

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

Madam Speaker, I always appreciate my colleague's comments, but I have to express a bit of disappointment in the position she is taking.

There has been extensive consultation. With respect to Bill C-262, I was with Romeo Saganash in many communities and on many travels with the INAN committee, where many people came out and talked about his direct engagement. The foundation of Bill C-15 is from Bill C-262, and our ministers, as well as other colleagues and I, were part of extensive consultations across Canada, even during the pandemic. In fact, during the INAN study itself we had many more people who came forward and spoke.

I do believe we have had a wide range of consultations, not perfect but extensive. We cannot say that we support UNDRIP in principle but are not ready to implement it. I would urge my colleague to reconsider her position, because this is a historic moment—

[Jenica Atwin, Green, Fredericton, NB]

Madam Speaker, I would like to start by acknowledging the unceded Wolastoqiyik territory from which I speak today. I have commented in this House before about the importance of this recognition and, most importantly, the actions that must accompany it.

There has never been a more important time to highlight this than with our discussion of Bill C-15, an act to implement the United Nations Declaration on the Rights of Indigenous Peoples here in Canada, in a colonial country, where land was extorted. In addition to threats and force, there were efforts to exterminate and bury the original peoples of this land. These efforts failed. Instead, they planted seeds, and what we are seeing is a reclamation, the ushering in of a new age. The time has come for reparations.

Many of my colleagues in this House know that my children are indigenous. I have also worked closely with hundreds of indigenous youth as a teacher. They have informed my work every step of the way. When I think of voting on this bill, I ask myself what their world will look like in five years, in 10 years and for the generations after them, with or without passing Bill C-15.

Bill C-15 introduces the notion of a national action plan to implement the United Nations Declaration on the Rights of Indigenous Peoples into Canadian law, with annual reporting mechanisms. It is important to note that the specifics of these measures are not articulated. This has brought with it uncertainty and a manifestation of a well-placed mistrust in government.

What Bill C-15 does well is lay out a robust preamble with ambitious, frankly incredible language. It includes value statements that acknowledge systemic discrimination, and now racism, thanks to an important amendment. It recognizes self-determination of indigenous peoples, including an acknowledgement of their legal systems. It actually says, “the Government of Canada rejects all forms of colonialism and is committed to advancing relations...that are based on good faith and on the principles of justice, democracy, equality, non-discrimination, good governance and respect for human rights”.

Can we take these words at face value, or in good faith, as the bill proclaims? The criticisms of Bill C-15 are nuanced. The most obvious issue is that the notion of good faith itself is on shaky ground. For a bill that enshrines the notion of free, prior and informed consent, consultation is severely lacking. I know that is a contested point, but I must say I believe it was lacking.

It is not enough to have closed-door meetings with national bodies or organizations. The individual rights holders have a right to be heard and to weigh in on legislation with such significant implications. All Canadians, Québécois and indigenous peoples of this land require an understanding of the declaration and what it truly means to affirm it as a universal international human rights instrument.

A more complex problem some are having with this bill is that indigenous people are tired of the gaslighting. Indigenous rights are inherent. People are born with them and no one can take them away. These rights have existed since time immemorial, and yet Canadian history presents things as though indigenous peoples were handed those rights with the coming into force of the 1982 Constitution Act. It is a nice idea, but it misses hundreds of years of colonialism and abuse rooted in the doctrine of discovery. The notions that the Crown holds sovereignty over indigenous peoples, that indigenous laws and legal traditions have no place and that the Crown has ultimate title to the land held in trust underpin all of Canadian law. They are embedded in the Canadian charter, and they have placed the burden of labour on indigenous peoples and nations to establish their rights in Canadian courts.

Bill C-15 also fails to enshrine a distinctions-based approach to implementing UNDRIP in Canada and stands more as pan-indigenous legislation, disregarding the incredible diversity within indigenous nations. It is possible that Bill C-15 may be a tool in the tool kit for future court cases, but I have to question what the future holds for Canada and indigenous nationhood with this implication. Are we preparing for years of expensive legal battles? Are we asking once again for indigenous people to bear the burden of proof in the protection of their collective inherent rights?

What will happen with the Mi'kmaq fishery dispute, with a new season set to start in June? Fishers and leadership have had to call on the United Nations for protection from violence and racist intimidation. Will the passing of Bill C-15 prevent this from happening? Will it remind the non-indigenous fishers of their treaty obligations, of their history of settlement in Unama'ki? If B.C.'s UNDRIP law is any indication, sadly, I do not think it will.

I want to take a moment to talk about the journey I have been on when it comes to the study of this bill. My first step was with the Wolastoqiyik Grand Council, under Grand Chief Spasaqsit Possesom and Wolastoqiyik grandmothers. My next step was to meet with the Wabanaki Peace & Friendship Alliance.

I reviewed numerous analyses and interpretations. I met with my hon. colleague from Winnipeg Centre to learn more about the work of Romeo Saganash with Bill C-262. I met with local community leadership. I met with our local friendship centre. I met with the association of Iroquois and allied nations, with my hon. colleague from Vancouver Granville. I met with the Assembly of First Nations and staff from Chief Bellegarde's office. I listened and I learned.

My last stop was again with the Wolastoqiyik grandmothers, scholars and leaders in my riding. I would encourage all members of the House to also seek out that guidance.

The assertion of these critical voices from Fredericton, from my mentors and most trusted allies, is to reject Bill C-15 at third reading. This is not easy for me. The Green Party of Canada stands by the United Nations Declaration on the Rights of Indigenous Peoples, and we campaigned on passing it into law. However, that is not what Bill C-15 would accomplish.

I am told to celebrate Bill C-15 as it sets out the basic minimum standards for dignity and human rights for indigenous peoples. Indigenous peoples already have these rights: charter rights. They already have title to their land and to hunt and fish for their livelihoods. They already have the right to self-determination. Canadians are the ones who have a problem upholding these rights, and Canada fails to enforce them.

We have a moral, legal and fiduciary responsibility as a nation to uphold our laws. However, we have broken these laws in pursuit of domination over indigenous nations, and there is significant work ahead in dismantling these systems and structures of oppression that got us here. There are no easy fixes, such as passing Bill C-15 to check the box of reconciliation.

Clarity on the implementation of UNDRIP would have been a golden opportunity to demonstrate what a new relationship could be, to demonstrate true respect and co-operation. Canada and sovereign indigenous nations could continue on a path in their own canoes, the lesson that the Two Row Wampum teaches us.

It is 2021, and it is time for us to face the truth. We cannot reconcile if we were never conciliatory; we can only work to repair the damage done. An essential part of these reparations is respecting the first treaty we all have as humans: the treaty with the land and with our planet. We forget far too often the interconnectedness of all life and our role and responsibility in preserving this place for future generations. What we have now is a race to consume resources.

There is a component of the bill that reflects sustainable development, but what this conversation must include is a re-evaluation of what that means. What is the value of protecting old-growth forests, food security and cultural safety? How are we to measure the success of Bill C-15? There are too many questions left unanswered.

The study of Bill C-15 has been a roller-coaster ride for me, and I wish to recognize the immense privilege I have as a non-indigenous person in pursuing this study. It has been difficult to see the infighting and division among people I look up to, among some of my personal heroes. I want to say for the record that it is okay to support the bill, and it is okay to reject it. What is not okay is ignoring our role and responsibilities as treaty people and treating each other with disrespect, which is a legacy that remains, with or without this bill.

Finally, whether Bill C-15 receives royal assent or not will not determine the future for my children. They are Wolastoqiyik. They are people of the beautiful and bountiful river. They are rooted to this land. They know who they are, and they know their rights.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, in response to the member for Rosemont—La Petite-Patrie, I have a great amount of respect for Romeo Saganash. It was a great privilege to have the opportunity to serve with him in the last Parliament.

That being said, Bill C-262 was a flawed piece of legislation for many of the same reasons that Bill C-15 is a flawed piece of legislation. I was unable to support Bill C-262 and I am unable to support this bill.

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

Madam Speaker, my colleague opposite spoke extensively about resource extraction. Throughout the debate, a number of his colleagues have stood and said the UNDRIP represents a veto and FPIC essentially means a veto.

Could the member highlight where in the text of Bill C-15 he finds the term “veto”, and if he could maybe give us more insight into why that misconception is being reiterated by his party and his colleagues throughout this debate?

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, it is an honour to speak to Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP.

The purpose of this legislation is to align Canadian laws with UNDRIP. The road to reconciliation has been a long and difficult one, with many ups and downs. Underlying it all is an understandable level of distrust on the part of indigenous peoples. Seen in that context, it could be said that at best, this is a well-intentioned piece of legislation, but even if that were so, it does not make it a good piece of legislation.

This legislation will likely move the process of reconciliation backward, rather than forward, and have grave impacts upon first nations communities to develop and prosper and achieve true self-determination. This legislation would undermine reconciliation, and nowhere is that clearer than in the complete failure on the part of the government in this bill to define what constitutes “free, prior and informed consent”.

What is free, prior and informed consent? If we were to look at the remarks of the Minister of Justice, we would be led to believe that it really means not much of anything, that the status quo ante would not be upended. In that regard, when the minister spoke in the House on this bill and the question of free, prior and informed consent, he said, “Free, prior and informed consent does not constitute veto power over the government's decision-making process.” The minister went on to say it “will not change Canada's existing duty to consult with indigenous peoples”. Clearly, that cannot be so.

Free, prior and informed consent is not the same as the duty to consult and accommodate, which is embedded in section 35 of our Constitution. There is a wide body of jurisprudence on that doctrine that makes clear that the right to be consulted and the right to be accommodated do not constitute a right of an absolute veto. When one looks at the words “free, prior and informed consent” on their face, they would seem to mean precisely the opposite of what the minister purports, namely that there would be a veto by someone.

Consistent with that, many persons who are authoritative on this matter have said as much. Let us take Senator Murray Sinclair, for example. Senator Sinclair championed Bill C-262 in the Senate in the last Parliament, which was the predecessor to this piece of legislation. Senator Sinclair is an esteemed retired justice of the Manitoba Court of Queen's Bench.

On the question of what constitutes free, prior and informed consent, Senator Sinclair said this: “Free, prior and informed consent is a very simple concept.... And that is, before you affect my land, you need to talk to me, and you need to have my permission.” If “you need to have my permission” is not a veto, I do not know what is.

Assembly of First Nations chief Perry Bellegarde said that free, prior and informed consent, “very simply, is the right to say yes, and the right to say no”. He said it is “the right to say no”, full stop. If that does not constitute a veto, then I say I do not know what does.

It did not have to be this way. The one thing the government could have done was incorporate language expressly into the bill that made it clear that free, prior and informed consent does not constitute a veto. The Liberals could have provided a clearer definition of its meaning and its effect, thereby removing the considerable questions that currently exist about the implications of its meaning and effect, and what that will do to the development of major resource and other projects if this bill is passed.

One thing that is certain is that this lack of a definition would create considerable uncertainty and a torrent of new litigation around major development projects. It would undermine regulatory certainty, undermine investor confidence, and undermine the ability of individual first nations communities to determine their own destinies by seeking opportunities to engage and participate in projects that could help their people develop and prosper.

This is hardly a hypothetical. One need only look at Bill 41, passed by the B.C. NDP government in December 2019. That bill is quite similar to Bill C-15. It does not expressly enshrine UNDRIP into law in the Province of British Columbia, but it uses aspirational language about aligning B.C.'s laws with UNDRIP, similar to Bill C-15.

Within two months of the passage of Bill 41, three major projects were challenged by the United Nations Committee on the Elimination of Racial Discrimination: the Kitimat LNG project, the Site C dam and Coastal GasLink. The UN committee said that UNDRIP did apply, and that there had not been free, prior and informed consent. Many indigenous communities and leaders also took that position. That was despite the fact that, in the case of Coastal GasLink, 20 indigenous communities had supported the project but one faction of unelected hereditary chiefs opposed it. It underscores the uncertainty that would result from the passage of this bill, and it is why I cannot support this bill.

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

Madam Speaker, I noticed that the member hardly spoke about Bill C-15 and UNDRIP.

I do want to ask him a question. He was very much involved with the previous government. UNDRIP was accepted by the General Assembly 13 years ago. The previous Conservative government was in power for many of those years.

At what point would the Conservative Party accept UNDRIP and develop a plan to implement it or at least have a road map to success? The Conservative Party has consistently opposed it every step of the way, including with the blocking of Bill C-262 and Bill C-15.

At what point would the Conservative Party accept the principles of UNDRIP so it could be implemented into Canadian law?

[Pierre Poilievre, Conservative, Carleton, ON]

Madam Speaker, it is an honour to rise on this important debate today. I begin with a quote from the great indigenous leader, Manny Jules:

Let me be a free man, free to travel, free to stop, free to work, free to trade where I choose, free to choose my own teachers, free to follow the religion of my fathers, free to talk, think and act for myself....

We forget often that these freedoms were enjoyed by first nations people before the arrival of Europeans. Of course, when Europeans came, they adopted a colonial, paternalistic and coercive relationship with the first peoples who had long before been here and who had been the owners of what we now call Canadian property. They imposed a system that allowed governments and other authorities to dictate the destinies of first nations that had prior been self-sufficient and had very well-developed systems of trade, governance and commerce that allowed them to provide for themselves.

Chief Jules, who is now in Kamloops and is one of the great intellectual leaders of first nations across the country, would like to have those same freedoms restored. He points out that archeological evidence of objects that predate the arrival of Europeans demonstrate that very sophisticated systems of free trade and free commerce existed between first nations across the Americas, well before Europeans came and formalized in law the European, and in particular the Scottish, understanding of markets. We see, for example, objects in one part of the Americas that could only have originated in other parts, meaning they must have been traded.

Chief Jules believes that the future for prosperity and opportunity for his people lies in restoring those freedoms that were taken away by so many ill-conceived, paternalistic and colonial policies of the past. Unfortunately, this bill does not achieve that goal. To the contrary, it fails to extend and return those freedoms back to the first nations people who rightly had them before. Chief Jules points that out about the achievements that are now well documented, that predate Europeans. He says:

Do you think this was all acheived through divine intervention from the gods? Or was it because we somehow evolved into a "natural" socialist system that lasted thousands of years? Both of these ideas are nonsense.

What he seeks today is a solution that would allow his people to be masters of their own destiny by controlling the economic decisions that affect their lives. For example, right now the federal government takes $700 million of revenue from first nations communities that is the result of the work and resource development that happens there. Then those same communities have to come to Ottawa and ask for some of that money back.

What Chief Jules has proposed is to allow first nations communities the autonomy to keep more of the revenues that they generate. That would allow more economic opportunities for jobs to fund local, clean water, health care and education initiatives in first nations communities. Instead, the government has attempted to maintain the colonial system which takes that money away from those to whom it naturally belongs and then requires that they come to talk to politicians in Ottawa to give back what is rightfully theirs.

This paternalistic system is not limited to taxation. The regulatory obstacles the federal government imposes on resource and commercial development in first nations communities is more obstructive than those imposed in neighbouring non-first nations communities.

I am splitting my time with the member for St. Albert—Edmonton, Madam Speaker.

That means it is more difficult for communities that want to develop commerce and industry to provide for their people to do so. Therefore, he proposes to allow more autonomy in first nations communities and less interference from the governments in Ottawa and the provincial capitals. Naturally, if we want to allow first nations to regain the freedoms they lost with the arrival of the Europeans, this proposal is entirely justified.

Furthermore, leaders like Chief Bear in Saskatchewan have said that the federal government should work with willing first nations that want to change land use policies to allow their residents to buy a home and collateralize it to get a mortgage. That would allow more first nations to develop net equity, the collateral and the credit rating that would them to allow to build into the future. We cannot start a business if we do not have collateral to get a small business loan, but because of the colonial and paternalistic nature of the Ottawa-knows-best system we now have, it is very difficult for many first nations to achieve that basic right that every other Canadian off-reserve can aspire to achieve.

Furthermore, we see a double standard from the government and from all the political parties, except the one in which I am a member, and that is on the issue of resource development. None of the other parties are interested in the views of first nations on resource development, unless it is to use them to block those projects.

For example, we look at the northern gateway pipeline, a project that was supported by 75% of the first nations communities along the pipeline route. It would have generated $2 billion in wages and other benefits for first nations people, and it would have had a first nations president and CEO overseeing it. It would have allowed young first nations to get positions as apprentices, so they could become welders or pipe fitters and obtain their Red Seal certification in many other high-paying, in-demand trades positions.

What did the Prime Minister do? Without honouring the duty to consult first nations that is embedded in the Charter of Rights and Freedoms, he killed the project and vetoed it, even after extensive environmental approvals had been granted by independent, non-partisan authorities and even though 32 of 40 first nations communities supported it.

Dale Swampy is the national president of the National Coalition of Chiefs, which has as its singular mandate to defeat on-reserve poverty by allowing more development. He said that Bill C-15, “adds to the confusion about who has the authority to provide or deny consent on behalf of Indigenous peoples, be it chief and council, hereditary chiefs, or small groups of activists. It also implies that a single nation can deny consent — a veto in practice if not in name — on projects that cross dozens of territories, be they pipelines, railroads or electric transmission lines.”

Is that not exactly the kind of colonialism we should be against, where 19 communities support a program and one does not, that the 19 are overpowered by one having the veto power? That is not the kind of opportunity and freedom that first nations should enjoy. Everyday first nations people want the opportunity that we all have: to work, to gain employment and to supply benefits to their own communities. We should allow those communities the freedom to extend those opportunities.

This bill would not do so, but let us work together with all first nations in the spirit of allowing them to fulfill their dreams and their ambitions.

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

Madam Speaker, I want to ask my colleague and good friend about the amendments, especially with respect to the addition of the word “racism”. How important was that to complete Bill C-15?

I know the parliamentary secretary has done a lot of work on systemic racism, so I would appreciate her comments on that, please.

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Madam Speaker, kwe, kwe. Ulaakut. Tansi. Hello. Bonjour.

I would like to acknowledge that I am speaking from the traditional territory of the Mississaugas of the Credit first nation from my home in Oakville and my riding of Oakville North—Burlington.

I am happy to speak today on this proposed legislation as it represents a critical step forward on the path to reconciliation. This legislation has been strengthened through extensive engagement and consultation with indigenous peoples at every step in its development. I believe the greatest strength of Bill C-15's development was the input of indigenous peoples from coast to coast to coast, which positively shaped the bill. Collaborating with indigenous partners through the engagement process has been pivotal in ensuring that we get it right.

As members know, the legislation is based on Romeo Saganash's private members' bill, Bill C-262. Mr. Saganash was the first parliamentary champion to endorse The United Nations Declaration on the Rights of Indigenous Peoples, often referred to as UNDRIP, and we all owe him a debt of gratitude.

A consultation draft of this bill was shared during engagement sessions to seek feedback from indigenous organizations in order to improve and amend the draft. During engagement, the government received contributions from many groups. In total, over 700 virtual sessions took place. They included sessions with national and regional indigenous organizations, indigenous rights holders, modern treaty and self-governing nations, as well as with women, youth, two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual plus persons.

This included regional engagement sessions where more than 450 people participated providing feedback and advice on potential enhancements to the consultation draft. Provincial and territorial governments, experts and industry stakeholders also informed the development of the bill.

We heard consistent calls to include strong language in the preamble on the need to consider the diversity of indigenous peoples; recognize inherent rights and respect treaties; include a reference to the historic and ongoing injustices and discrimination suffered by indigenous peoples and marginalized groups; acknowledge the role of the declaration as a framework for reconciliation, justice, healing and peace; and address systemic racism and discrimination.

We also heard consistent calls to consider the importance of educating Canadians to ensure that indigenous rights are understood and valued; recognize the right of self-determination and self-government as vital, and that the need for a strong distinctions-based approach throughout the legislation is essential; emphasize the importance of respecting article 37, which outlines respect of treaty rights, self-government agreements and other constructive agreements, and is important for modern treaty partners; not interfere with work under way at regional and provincial levels; and include references to climate change and sustainable development.

Because of this valuable feedback, the bill includes strong language in the preamble on the need to consider the diversity of indigenous peoples, recognize inherent rights and respect treaties. I should point out that all Canadians have access to this wealth of ideas and input. We have produced the “What We Learned” report, which is publicly available on the Canada website.

Engagement with partners did not stop when the bill was introduced. Ministers, their offices and the departments have been meeting extensively with indigenous partners and other stakeholders since introduction, and they will continue to do so throughout the parliamentary process. We learned from indigenous partners that there was much consensus around further suggested changes to the bill, including legislation that has been further improved by amendments as it was making its way through Parliament.

As an example, Bill C-15 required the development of the initial action plan as soon as possible and set a maximum three-year timeline. Based on feedback from indigenous partners during engagement sessions, the bill has now been amended to shorten the maximum timeline to a period of two years instead of three years for the development of the action plan in consultation and co-operation with indigenous peoples.

We recognize that collaboration with first nations, Inuit and Métis partners takes time, but it should proceed with purpose. Bill C-15 now includes language from the declaration emphasizing that all doctrines, policies and practices based on racist or discriminatory notions are racist, scientifically false, legally invalid, morally condemnable and socially unjust. An important amendment will modernize our laws by making specific reference to the fact that Canadian courts have stated that aboriginal and treaty rights are not frozen in time. Instead, they are capable of growth and evolution.

Most recently, we heard from the national indigenous organizations and indigenous women's organization at the Standing Committee on Indigenous and Northern Affairs. They stressed the urgency of passing this legislation, and I would like to share some of their testimony today in the House.

The president of the Women of the Métis Nation, Melanie Omeniho, said:

Elders and representatives from across the Métis motherland have noted that this historic piece of legislation, if implemented according to its spirit and intent, could have the transformative power of an indigenous bill of rights. Bill C-15, the proposed UNDRIP act, represents a once-in-a-lifetime opportunity to reset both the scales of justice and the balance of power so that indigenous women, children and two-spirit and gender-diverse people are protected, safe and free.

The Pauktuutit Inuit Women of Canada vice-president Gerri Sharpe said:

Bill C-15 is a step forward for Inuit women and all Canadians on the journey towards reconciliation. It is important because it states that Inuit women will have the right to participate in decision-making in matters that affect them; the right to improvement of economic and social conditions including education, housing, health, employment and social security; the right to the highest attainable standard of physical and mental health; and the same rights and freedoms guaranteed to Inuit men.

Inuit Tapiriit Kanatami president Natan Obed said:

Bill C-15...is very focused on two particular concepts: one, the alignment of laws and policies within this country with the UN declaration; and two, the creation of an action plan.... Indigenous peoples' rights are human rights. This is a class of human rights that needs this particular legislation, and we do hope that Canadians accept the rights of indigenous peoples as human rights in this country.

Native Women's Association of Canada president Lorraine Whitman said:

UNDRIP is about us, our families, our communities, the thousands of pages of the national inquiry testimony and its calls for justice. Specifically, call to action 1.3 demands that government end the political marginalization of indigenous women.

David Chartrand of the Métis Nation Council said:

...change is coming and UNDRIP is another pathway that's going to really let us play catch-up so that indigenous and non-indigenous people can compare economically, educationally and so forth. It's about catching up. We're slowly catching up, which is something we should have done 50 years ago or 80 years ago.

If approved by Parliament, the bill will also require the Government of Canada, in consultation and co-operation with indigenous peoples, to take all measures necessary to ensure the laws of Canada are consistent with the declaration, prepare and implement an action plan to achieve the declaration's objectives and table an annual report. Co-development of the action plan will also be a further opportunity to work in close partnership on implementation.

We are ushering in a new era in which we build stronger and lasting relationships, close socio-economic gaps and promote greater prosperity for indigenous peoples and all Canadians. Together we are building a brighter future and a better Canada for today, tomorrow and into our shared future. That is why this legislation is so crucial. Built by extensive indigenous input and strengthened by committee amendments, Bill C-15 must now become the law of the land.

To conclude, I would like to affirm the words of AFN Chief Perry Bellegarde, who said, “We need to seize this moment and not miss the opportunity to get Bill C-15 passed. It is a road map to reconciliation.”

[Christine Normandin, Bloc, Saint-Jean, QC]

Madam Speaker, we have heard a lot about how Bill C-15 could potentially affect Quebec and its ability to make sovereign decisions. I would like to hear my colleague's thoughts on how Bill C-15 is connected to Quebec sovereignty.

[Adam van Koeverden, Liberal, Parliamentary Secretary to the Minister of Diversity and Inclusion and Youth and to the Minister of Canadian Heritage (Sport)]

Madam Speaker, I will be sharing my time with my friend and colleague, the member for Oakville North—Burlington.

Today, I am speaking to members from the traditional territory of the Haudenosaunee, Attawandaron, Anishinabe, Huron-Wendat, and most recently, the Mississaugas of the New Credit First Nation.

I would also like to acknowledge that I arrived here as an athlete. An Inuit invention, the kayak, was originally built and invented for transportation and hunting. I got to use it for sport, and I am very grateful for that.

Just over 10 years ago, Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples. Then, in 2019, the Prime Minister made a commitment to introduce legislation on its implementation before the end of 2020, and here we are today at its third reading in the House.

I wish to begin by acknowledging all of the hard work, especially the significant role that indigenous leaders from Canada, like Willie Littlechild, have played in the development of the declaration itself over the last 25 years. It is a lifetime of indigenous advocacy and tireless efforts championing indigenous and human rights that have brought us to this important milestone today.

Bill C-15 is a turning point. For far too long, and despite robust constitutional and legal protections, indigenous rights have not been fully respected. While progress continues to be made, it has been slow and grave harms have continued to occur, including to indigenous women and girls.

We have a responsibility, as a country, to recognize and respect the rights of indigenous peoples, to uphold the protections that are part of the fabric of our nation, and that as a government we take steps to ensure that those rights are reflected and considered when we make new laws or introduce new policies. We must work together with indigenous peoples to build our relationship and seek to avoid lengthy court cases whenever we can. No less important is for all of us, as Canadians, to understand why this is relevant for us, to our lives, and to debunk myths and misconceptions so that we can move forward inclusively with values that ensure dignity and respect for all.

Indigenous rights are not new rights. However, the declaration acknowledges and affirms the rights of indigenous peoples. Implementing the declaration is about respecting human rights. The Truth and Reconciliation Commission called upon the Government of Canada to fully adopt and implement the declaration as the framework for reconciliation. Bill C-15 responds to call to action 43 to do just that.

The action plan that is required under Bill C-15 to be developed in consultation and co-operation with indigenous peoples will also respond to the call to action 44. This call to action requires the Government of Canada to develop a national action plan, strategies and other concrete measures to achieve the goals of the declaration.

Development of an action plan will require broad and in-depth engagement with indigenous partners across the country to discuss their various priorities. Bill C-15 sets out minimum requirements for what the action plan must address. These elements of the legislation were included in direct response to what was heard consistently throughout the fall 2020 engagement process with indigenous partners. These measures are focused on three areas.

First are measures to address injustices, combatting prejudice and eliminating all forms of violence and discrimination, including systemic discrimination against indigenous peoples, indigenous elders, youth, children, women, men, persons with disabilities, gender-diverse persons and two-spirit persons. I would note that the Standing Committee on Indigenous and Northern Affairs, of which I am a proud member and contributor, has unanimously adopted an important amendment to this provision, which is the addition of a specific reference to racism and systemic racism. The addition acknowledges that while there are linkages between discrimination and racism, there are specific harms and legacies in relation to racism that need to be identified and addressed. The Government of Canada wants to make its position clear that it will stand against racism and work toward eradicating it wherever it exists.

Second, the plan must also contain measures promoting mutual respect and understanding as well as good relations, including through human rights education.

Third are measures relating to monitoring, oversight, recourse or remedy, or other accountability measures that will be need to be developed with respect to the implementation of the declaration. During one of our committee studies, a second amendment to clause 6 was adopted relating to the time frame associated with the development of the action plan.

Throughout engagement, and again through the committee process, we heard from indigenous peoples on the need to reduce the three-year maximum time frame to a shorter one. As a result, we did just that, bringing it down to a maximum of two years to reinforce the Government of Canada's commitment to work with indigenous peoples from coast to coast to coast to elaborate how to turn commitments into action and to achieve the objectives of the declaration.

These are minimum requirements of the action plan. We recognize while we need to include measures for reviewing and amending the plan, this initial phase is the beginning of a process, one that will continue to evolve over time in partnership with indigenous peoples.

In terms of implementation of the declaration, this is a whole-of-government responsibility. Bill C-15 implicates all federal ministers in the development and implementation of an action plan, as it should. Reconciliation is not the responsibility of a single minister or government department. Bringing about meaningful change requires action from all areas of government.

This government's Speech from the Throne and ministerial mandate letters have made it clear the path to reconciliation requires everyone's participation. Achieving the objectives of the declaration and further aligning federal laws with the declaration will take time. However, we are not starting from scratch and we are not sitting idle while we wait for the development of an action plan.

The Government of Canada has taken concrete measures to advance its relationship with indigenous peoples in a way that aligns with the principles set out in the declaration. This includes areas such as enabling self-determination and self-government through the recognition and implementation of rights, the establishment of permanent bilateral mechanisms to jointly identify priorities with indigenous leaders and an increased indigenous participation in decision-making on socio-economic and land matters, to name a few.

As of May 2020, there were nine federal laws that refer to and were created within the spirit of the declaration. They include laws regarding indigenous languages, indigenous child and family services, and indigenous participation in environmental impact assessments and other regulatory processes. We know much more work is required with indigenous peoples to ensure federal laws more fully protect and promote the rights of indigenous peoples.

The COVID-19 pandemic has exacerbated the ongoing health, food security, housing, economic, governance, policing and other vulnerabilities and gaps that continue to impact indigenous peoples and communities. We are working hard to create new opportunities to turn the page on a colonial structure and build stronger and lasting relationships, close socio-economic gaps and promote greater prosperity for indigenous peoples and all Canadians.

Over the past months, we engaged closely with national indigenous organizations and heard from modern treaty and self-governing nations, rights holders, indigenous youth, and national and regional indigenous organizations, including those representing indigenous women and two-spirit and LGBTQ2+ peoples on the proposed legislation. The feedback we received has shaped the development of the legislative proposal.

Bill C-15 now includes an acknowledgement of the ongoing need to respect and promote the inherent rights of indigenous peoples, a respect for gender diversity, the importance of respecting treaties and agreements and the need to take distinctions into account while implementing the legislation, including with elders, youth, children, persons with disabilities, women, men, gender-diverse and two-spirit persons.

What is needed is a fundamental and foundational change. It is about respecting indigenous rights and respecting diversity. It is about righting historical wrongs. It is about shedding our colonial past. It is about writing the next chapter together, as partners, and building meaningful relationships and trust in that process.

This will not happen overnight, but we must take the necessary steps along that path, starting with implementing Bill C-15. I look forward to the journey we take to get there. It has been a sincere honour and privilege to serve on this committee with my colleagues.

The House resumed from May 12 consideration of the motion that Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, be read the third time and passed.

Indigenous Affairs

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

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

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

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

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

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

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

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

Bill C-15—Time Allocation Motion

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

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

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

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