An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

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

Sponsor

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 amends certain Acts to add a new holiday, namely, National Day for Truth and Reconciliation, which is observed on September 30.

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

Nov. 2, 2020 Passed 2nd reading of Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 12:50 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I believe the member and I were elected at the same time, and I have had the pleasure of getting to know him over the years. There is always a language barrier, though he speaks more English than I speak French. I congratulate him on that.

I want to thank him for his speech because he has pointed out that the Liberals love to pat themselves on the back and mention that they have been doing the most amazing work and are going to pass the bill to recognize this particular day. However, as we can see in the community, there have not been great improvements over the last five years. In fact, a lot of things have gone backwards.

I wonder if the member thinks the assessment I have made about the Liberals is correct.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 12:55 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I thank my colleague from Peace River—Westlock for the question.

After spending a few years here, we francophones do obviously end up learning English, since the majority of the debate takes place in that language. Perhaps that explains our superior understanding of English.

The symbolism of the bill is important, and we applaud that. However, we would like to see this go beyond mere symbolism and actually change living conditions, so that all citizens have equal opportunities. The federal government has a duty to first nations in that regard. There is a huge amount of catching up to do. Living conditions must change.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 12:55 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, it is my honour to be speaking virtually from Toronto, but in the House of Commons, on Bill C-5. This is an important piece of legislation on the path to reconciliation, which I firmly believe will help in shaping a better future.

I want to note, first of all, that when I speak from my riding of Parkdale—High Park, I am located on the traditional territory of the Haudenosaunee, the Huron-Wendat, the Anishinabe and, most recently, the Mississaugas of the Credit. I would also like to say meegwetch, which means “thank you” in Algonquin, for giving me the chance to speak before the chamber on this important topic, acknowledging that the parliamentary precinct where you are, Madam Speaker, is on unceded Algonquin territory.

Before beginning, I also want to acknowledge the important work done on this initiative by former NDP member of Parliament, Georgina Jolibois, who presented this bill in the 42nd Parliament. At that time, during debate, she said:

This bill will not solve the housing crisis indigenous people live through and it will not fix the overrepresentation of indigenous children in foster care and it will not close the education gap that leaves indigenous children behind.

However, it will give Canadians the opportunity to fully understand why those problems exist.

That is a very succinct and sound analysis of the situation and also of the importance of the bill. I thank her for her advocacy during the 42nd Parliament.

We have heard during debate on this bill about the Truth and Reconciliation Commission of Canada, the TRC. We know it released its final report in 2015 and that the Liberal government under the Prime Minister accepted the conclusions of the TRC. This in-depth study of Canada's history was mainly looking at the legacy of the residential school system. There were 94 calls to action, of which we have heard about many. Bill C-5 will address, in particular, call to action number 80, which states:

Bill C-5 will address, in particular, call to action number 80, which states:

We call upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to honour Survivors, their families, and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process.

The relationship with indigenous peoples is a critical one and the implementation of this call to action is one step forward toward that reconciliation. Clearly, there is a long way to go, and we have heard about that from many speakers on this bill today and last week. Canada, indeed, has a poor history and track record when it comes to its relationship with indigenous persons. In a debate like the one we are having today, it is important to acknowledge mistakes from the past in order to build forward better.

We are all now well aware of the atrocities that happened in residential schools and their consequences, and I will touch on the point of education a little later. We are aware generally of the intergenerational impacts on survivors and their families. We are also aware of the consequences of the sixties scoop that took so many indigenous kids away from their families. Finally, we are aware of the ongoing systemic racism and discrimination that is still happening in Canada. We saw the heartbreaking video published by Joyce Echaquan during the last minutes of her life, mentioned by the previous speakers of the Bloc Québécois.

We know about the systemic racism being faced by Mi'kmaq fishers in Nova Scotia as we speak, fishers who dared to exercise their treaty right to fish for a moderate livelihood, as upheld in two Supreme Court decisions in the Marshall case 21 years earlier. The violence we have seen in Nova Scotia is never acceptable, and the systemic racism we have witnessed in Nova Scotia must be eliminated via leadership on the part of all parties, including law enforcement in Nova Scotia. That is why we need to move forward with all of the calls to action from the TRC. However, I want to focus now on call to action 80 and urge my colleagues to support this piece of legislation.

This piece of legislation talks about September 30 and we have heard about this in the context of Orange Shirt Day, the current moniker for September 30. Established in 2013, Orange Shirt Day helps raise awareness about the long-lasting impacts of residential schools and honours the resilience and courage of survivors, while focusing on the experiences of students at residential schools and, indeed, those who did not survive.

This day is based on the heartbreaking story of Phyllis Webstad, which remained, unfortunately, unknown to many Canadians. For those who are not aware of it, Phyllis was sent to the Mission school out west in 1973. Even though her family did not have a lot of money, her grandmother bought her a brand new outfit before she had to leave for her first day of school. Part of that outfit was a shiny new orange shirt. Her joy at attending school at the tender age of six did not last very long. When she arrived at the school, the authorities took away all of her possessions, including her clothes, and that brand new orange shirt was never returned.

I had the opportunity to meet Phyllis Webstad in the government lobby during the last Parliament and she talked to me about her story.

She also provided me with a copy of her book and inscribed it for my children, who at the time were about three and seven. They are now nine and six. What I have done since that time is read my kids that story periodically and educate them about this very basic concept. During this pandemic I can say that the anticipation my children had of returning to school was very high, but the notion of them being prevented from wearing something that I or my wife might have purchased for them really hit home as a visceral example of the injustice and unfairness of the residential school system.

I am glad my kids are learning about this, but the point is not just about Phyllis's book or my children. It is about all children and all of us, as Canadians, learning about this important story. We know that Phyllis, at the age of 27, started a healing journey. Since then she has been able to share her story, but that story needs to be shared widely. We also have to think about the unshared stories of those who did not come out of that Mission school, who never returned from residential school, or who never found their voice or had the courage to tell it the way Phyllis has. That is why this is such an important initiative.

I want to acknowledge that there are those who push the envelope on the part of reconciliation and indigenous awareness all the time. I am proud to call many of those my constituents in Parkdale—High Park. There are many people who are actively engaged at a local level, community by community, around this country with reconciliation. People speak to me about the pace of reconciliation and how it needs to be hastened. People in my riding speak to me about the legacy of residential schools. I have been heartened by the fact children at a very tender age in my riding are already learning about this in their classrooms. This is critical, because it is not learning I ever received in the 1970s or 1980s as a young student here in Toronto.

I am also heartened by the fact that people are aware of the territory we are on, here in Toronto; of the naming of streets, and how that was occasioned in places in and around High Park; of blanket exercises, and even of such things as the magnificent indigenous murals and art that decorate parts of my riding, including the beautiful mural by Philip Cote at the corner of Roncesvalles Avenue and Garden Avenue. While there are those who are aware in my community, throughout the city and throughout this country, there are still far too many people who are unaware. That is what this bill clearly seeks to address.

Let me talk a bit about education at this point.

To move forward on the path to reconciliation, it is imperative that we continue to educate our society on the issues facing first nations, Inuit and Métis peoples. As a government, we have a duty to ensure that Canadians are aware of the difficult history of indigenous peoples and the consequences of the trauma they have experienced. Statistics show that around half of Canadians have little to no knowledge of the residential schools and their impact.

That is why it is so important to create a national day for truth and reconciliation. By creating this day, we will help increase general knowledge about the first peoples and their history. These conversations need to take place, at home, among friends and among colleagues, to raise awareness about reconciliation.

I want to talk about my own education. I alluded to my own experience at elementary school as a young boy here in Toronto. I practised law prior to becoming a parliamentarian and did so for 15 years. I practised constitutional law. Obviously, that means I was at law school and then was engaged in practice.

While at law school I learned very little, almost nothing, about the residential school system. During my practice, I did not touch this area of law. It was generally understood at the time that aboriginal law, as it was then known, was quite complicated, complex and usually quite desperate in terms of leaving one feeling despondent that nothing was going to improve.

Upon entering life as a parliamentarian in 2017, I had the occasion of serving as the parliamentary secretary to the then minister of heritage, who at the time was charged with working with first nations, Inuit and Métis individuals to co-develop language protection legislation. She turned to me and asked if I would help her in this work. Originally, I was puzzled as to why the ask was put in and what I could contribute, but that ask has been quite pivotal to my understanding of this issue, my understanding of the broader cause of reconciliation, and my maturation as a parliamentarian.

What I learned as I led those consultations around the country, from coast to coast to coast, meeting with teachers, elders, academics, leaders, pupils and chiefs from first nations, Inuit and Métis communities, is how critical language is as a feature of reconciliation, and how critical it is to work on initiatives like this in a co-development model.

One study resonated with me, and I will repeat it now. We learned in British Columbia that those groups who have knowledge of their mother tongue, their own indigenous language, have a suicide rate six times lower than the provincial average. When the language was removed, it removed people's connection to their people, to their culture and their community. Suicide rates elevated sixfold, far outstripping the provincial average for non-indigenous people. That told me there is a clear link between restoring people's language and people's connection to their culture, their sense of self-esteem, their confidence and, indeed, suicidality rates. It is not far-fetched or hyperbole to say that these are literally life-and-death matters for indigenous people. This bill is more symbolic in nature, but it touches upon the same concept that we need to learn about history in the context of language. Residential schools contributed to erasing that language.

I raise the issue because the question has come up, in the context of this debate, of whether enough work is being done. Clearly, more work needs to be done, but I would say that passing the Indigenous Languages Act, passing child welfare legislation and eliminating over 80 boil water advisories are steps in the right direction.

Does more need to be done? Absolutely: not one of the 338 members of the House would dispute that. However, it is unfair to say that work has not been done since 2015.

I will say that Bill C-5, talks about call to action no. 80. In this bill, we recognize that indigenous people continue to face ongoing discrimination, as I mentioned at the very outset. Systemic racism continues to be a reality. We know that, in the past, indigenous communities have gone out on the streets to express their frustration and their desire for change. I am glad to see now that the rest of society is catching up: slowly, but it is catching up. We see solidarity with indigenous people voicing concerns about the Mi'kmaq and solidarity with indigenous persons voicing concerns about Joyce Echaquan. Non-indigenous people are awakening, and that is a good sign. The fact that parliamentarians are awakening is a critical sign and a necessary one. That solidarity is what this bill endeavours not just to capture but also to promote.

Bill C-5 is in line with some of our government's previous actions, such as an announcement in budget 2019 to provide $7 million, over two years, to communities across the country to commemorate the history and legacy of residential schools. By taking this step forward, we keep raising awareness across Canada of the trauma indigenous people have undergone and the intergenerational impacts of such trauma.

It is important that we recognize that it is not just about learning this history on one day, on September 30, but each and every day: that we think about it in terms of the practical work that we do as parliamentarians and, indeed, how we live our lives day to day as Canadians.

It is a common responsibility and a duty to remember this dark chapter in Canadian history and to ensure a better future for all people in this country. We owe it to indigenous peoples on this land. We owe it to the survivors of the residential school system. We owe it to those who never returned from the residential school system. We owe it to the parents from whom children were taken. We owe it also to the generations to come.

Having an open conversation about residential schools and the legacy of racism and colonialism, and the hardship and pain and violence that were endured, is difficult. It is painful. It is uncomfortable. However, we recognize that this is nothing compared with the actual experiences lived by indigenous people who went through these schools.

We are committed to doing what is right with respect to Bill C-5, even though that is not an easy path. I hope all members, in a strong spirit of non-partisanship, will support this bill and recognize its importance, so that September 30, 2021, can be the first national day for truth and reconciliation in Canada. Learning our history and moving forward should never be an issue that divides on party lines.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:10 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Chair, I think this bill has support all across the House.

I was wondering if the minister could talk a little about some of the other issues that have been raised in this place and the fact that this is a largely symbolic measure. There are still boil water advisories on reserves, even though we are quickly approaching the date by which the government promised these would be gone.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:10 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, with respect to that critical point, more than 80 boil water advisories have been lifted to date. Some are long-standing.

With respect to what was required to lift some of these, in 2015-16, extensive investments in the billions of dollars were made on very remote reserves that had literally no infrastructure. As such, we saw very few lifted in those two years, but by 2017, the advisories started to be lifted. A very helpful graphic is available on the website for the Minister of Indigenous Services. It shows the pace of such removals.

We are committed to getting them all done by 2021. The one that has been outstanding for nearly 25 years now is an embarrassment for the nation and for this Parliament. It is one that needs to be remedied immediately. Every Canadian deserves the right to clean water.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:10 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I rise on a point of order. It was pointed out to me that I misidentified the previous speaker as a minister. I want to apologize for that.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:10 p.m.
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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I thank my colleague from Parkdale—High Park for his speech. I felt that there was some openness. Personally, I would like to know what the procedures are.

My colleague talked about his experience at the Department of Canadian Heritage. He also mentioned the Truth and Reconciliation Commission of Canada's call to action 81, which calls for the installation of a residential schools monument in Ottawa.

Can he provide more information about that? Has the government looked into acquiring the land? Does it know when the work will start? How many public servants are currently working on the Truth and Reconciliation Commission's call to action 81?

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:10 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I thank the hon. member for Rimouski-Neigette—Témiscouata—Les Basques for the question.

Frankly, I cannot provide him the details he is looking for. Obviously we are responsible. We publicly promised to accept all of the commission's recommendations and that includes call to action no. 81.

However, I cannot provide him details on that, since I do not have them myself. I could talk to him about it later. In the meantime, I invite him to speak with the Minister of Canadian Heritage and his parliamentary secretary.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:10 p.m.
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NDP

Matthew Green NDP Hamilton Centre, ON

Madam Speaker, we heard the hon. member speak at length and with passion about his constituents in Parkdale—High Park as being defenders of inherent indigenous rights, yet he also spoke about the long road to reconciliation. In fact, it was reported today that near my community, the Haudenosaunee, this road to reconciliation is under construction.

Is the hon. member for Parkdale—High Park willing to join me next Friday to visit the Haudenosaunee land defenders and help them defend their inherent rights against their land extinguishment for the future of their children?

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:15 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I officially welcome the member for Hamilton Centre to the House. I know it has been about a year now, but this is the first question I have received from him.

I am very familiar with the situation of the Haudenosaunee. Anyone who lives in Ontario is familiar with it and knows about the long-standing dispute.

I share his frustration insofar as the response we repeatedly hear to Haudenosaunee land defenders. What they have received on the part of law enforcement stands in stark contrast to law enforcement reaction when the tables are reversed. The Mi'kmaq were seeking to exercise Constitutional rights and were not receiving the same level of protection they felt was merited.

That disconnect and contradiction must be remedied in Canada, no matter where it rears its head. I fully appreciate the situation and the sensitivities of the situation with the Haudenosaunee and what they are facing with respect to the Six Nations, whom I consulted with extensively on the Indigenous Languages Act.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:15 p.m.
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Green

Paul Manly Green Nanaimo—Ladysmith, BC

Madam Speaker, I too would like to ask the hon. member about the Haldimand tract and treaty, and the Haudenosaunee people.

My sister is indigenous. She spent six years in Caledonia as a front-line officer with the OPP. She now has a degree in indigenous law. There is a treaty in this place, the Haldimand Treaty. The Haudenosaunee people want that treaty respected.

I would like to ask the hon. member what he thinks the role of the federal government is in fixing this situation and meeting those demands.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:15 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I think the best thing I can say to the member is that the role of the federal government is to lead by example. When it comes to the issue that is affecting Caledonia and the Haudenosaunee, which was raised also by the member from the NDP, we have to appreciate that the law enforcement responsibilities that are being acted on are those of the Ontario Provincial Police. In my city, we have the Toronto Police Service.

Where we have situations with the RCMP, under contract or otherwise, not acting in a manner that appears to be addressing systemic racism, which is quite visible and marked to all of those who are observing, I think we have to lead by example in terms of ensuring that the training is sufficient, that the leadership understands the nature of the issue and that action is being taken.

I will say with some confidence that I think we are on the right track insofar as very recently, this week, with something that is squarely within federal jurisdiction, that being the judges training bill. When that was before the justice committee, we passed an amendment to expand out the judges training bill so that the training occurs not just on sexual assault law and social context, but by expanding out what social context means, including the terms “systemic racism” and “systemic discrimination”, amendments that were suggested by the leaders of the Black caucus and the indigenous caucus in this Parliament.

By ensuring that training is occurring, by ensuring that people are receiving the message loudly and clearly that systemic racism exists and is a phenomenon at all levels of government and in all of our institutions including law enforcement, we can lead by example, which hopefully can trickle down to the law enforcement that is operating currently in Ontario with respect to the Six Nations dispute.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:15 p.m.
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Yukon Yukon

Liberal

Larry Bagnell LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (Canadian Northern Economic Development Agency)

Madam Speaker, I am not going to ask a question. I will just let the member carry on because he has so much to offer. I want to say he is one of the most amazing members of Parliament I have ever met and he has done so much for human rights. He is totally right that we did not hear anything about this in the education system. That is why this is so important to me.

I want people watching on TV to think about what if someone came today and took their children? What if they said they were coming and people would not have their children back until next summer? What if the children did not come back or came back damaged?

We cannot imagine the pain and suffering, the effect that would have on people and whether they can survive if someone takes their children away. I think that is enough in itself; why it is absolutely essential that this pass and we give recognition to truth and reconciliation.

Marsi cho. Gunalchéesh.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:15 p.m.
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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I know the member for Yukon is a father, as I am. My most visceral understanding of the residential school system came as a South Asian man with a South Asian wife trying inelegantly to teach Hindi to his kids. I thought about how my wife and I were not very successful at this endeavour.

I tried to explain to my kids that the problem that Dene, Sioux or Cree kids have is not that their parents are not good enough at teaching them; it is that they were actually beaten and hurt if they dared to speak their language at a school that was kilometres away from the place they called home. That is something of a completely different order, in terms of the obstacle that was put in place for those children. The impacts of that kind of system continued to be felt. That is what motivated me so much on indigenous languages work and really opened my eyes.

My thanks to the member for Yukon on his compliment about my human rights work, but I will frankly admit that I was quite embarrassed by my lack of human rights understanding about the indigenous experience in this country and the poor nature of indigenous human rights in this country, until the work that I did in the last Parliament. It clearly opened my eyes and it has helped me become a stronger advocate for this critically important cause.

I firmly believe in my core that until we address these issues, we cannot really even begin to address some of the other pernicious issues that affect human rights for Canadians.

Bills of Exchange ActGovernment Orders

October 30th, 2020 / 1:20 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Resuming debate. Is the House ready for the question?