An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94)

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

Sponsor

Marco Mendicino  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Citizenship Act to include, in the Oath or Affirmation of Citizenship, a solemn promise to respect the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, in order to respond to the Truth and Reconciliation Commission of Canada’s call to action number 94.

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

Dec. 10, 2020 Passed 2nd reading of Bill C-8, An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94)

Citizenship ActGovernment Orders

November 23rd, 2020 / 4:45 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, partnerships with indigenous groups are key in my province of Saskatchewan. I have seen this with the Saskatchewan school boards. In Saskatchewan, many of the kids come from the reserves into the city and then go back to the reserves later.

On the citizenship oath aspect of the bill, I note that many of us have attended numerous Canadian citizenship ceremonies. They are always scheduled in advance, by two or three months. I suggest that many of the Canadian citizenship ceremonies should be done now on reserve to show partnership. In the city of Saskatoon, there is the Saskatoon Tribal Council, Dakota Dunes and a number of other organizations, and the hon. member from up north in Saskatchewan has many more.

The bill is good on words, but maybe now, with truth and reconciliation and the citizenship oath, we can take these ceremonies to reserves.

Citizenship ActGovernment Orders

November 23rd, 2020 / 4:45 p.m.
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Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, to the extent it is possible, I think that is a great recommendation. My daughter teaches in an Ontario school and has actively engaged in many of those experiences. I went through the Canadian citizenship oath with my parents, with 11 kids in tow, and I know how important that ceremony is.

To the extent we are able to do that, it is a great recommendation, and I thank the member for his suggestion.

Citizenship ActGovernment Orders

November 23rd, 2020 / 4:45 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)

Mr. Speaker, I have a quick comment from the traditional territory of the Ta’an Kwach’an Council and the Kwanlin Dun, which both have signed modern treaties and self-government agreements.

I want people watching to think about how they would feel if they bought a house and when they went to move into it someone decided the house was not theirs and it was not being given to them. They can imagine how first nations and indigenous people felt when they signed treaties that were not honoured. It would be the same feeling.

This bill would give comfort and acknowledgement to immigrants. As I mentioned in a recent previous debate, we did not learn about this in school in any sufficient amount so this would give recognition of indigenous rights, which is in the Constitution, and the sanctity of the treaties we must abide by and, by the honour of the Crown, we should have been abiding by them from the very beginning. It would be a great recognition of that.

Citizenship ActGovernment Orders

November 23rd, 2020 / 4:50 p.m.
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Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, I am not sure there is a question, but if the statement is that we should be committed to and go forward with the commitments from the Crown to indigenous peoples, I fully agree with him.

Citizenship ActGovernment Orders

November 23rd, 2020 / 4:50 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I am pleased to rise today and speak to Bill C-8 at second reading. It is a bill that seeks to amend the oath of citizenship to include reference to the aboriginal and treaty rights of indigenous people.

I support the bill, firstly, because it reflects call to action 94 from the Truth and Reconciliation Commission and, secondly, because in my consultation with indigenous leaders in northwest B.C., the region I am so privileged to represent, it seems to be a welcome step forward.

I want to recognize the leadership of former member of Parliament, Romeo Saganash, and the current member for Vancouver East. Their leadership helped move this change forward as well and they should be recognized.

It has been mentioned by previous speakers that progress on implementing the TRC's calls to action has been far too slow. Five years after the Truth and Reconciliation Commission issued its calls to action, only 10 of the 94 have been implemented, and none since 2018. We are debating this relatively small, relatively symbolic change at a time when our government is still fighting indigenous kids in court, when far too many communities in this country still lack clean drinking water and when we continue to see evidence of systemic racism against indigenous people in our country's institutions.

An oath is a promise. Perhaps as we ponder requiring new Canadians to make a solemn promise to indigenous people, we in this chamber should ask if we are keeping the ones we ourselves have made. This is the third time a version of the bill has been introduced in the House, and it does beg the question of how the more significant calls to action will be legislated when such a simple change has suffered so many false starts. Yet, Bill C-8 does represent a step forward and should be passed into law as quickly as possible.

It has been rightly noted that the true value of the bill will not come through the 19 words to be inserted into the oath but rather if this change creates an educational framework within which new Canadians can learn about and reflect on the rights of indigenous people, which will truly be a step forward.

Northwest British Columbia comprises the unceded lands of the Tahltan, the Tlingit, the Tsimshian, the Haida, the Heiltsuk, the Gitga'at, Gitxaala, Wuikinuxv, Haisla, Nuxalk, Wet'suwet'en, Gitxsan, Carrier Sekani and Kaska nations. It is also the homeland of the Nisga'a people who are so proudly signatory to British Columbia's first modern treaty.

In reflecting on the bill, I asked myself what new Canadians living in Prince Rupert, Terrace, Houston, Smithers and Fraser Lake might learn about the first peoples of their adopted home. Of course, and in light of the bill's origin, new Canadians must learn about the atrocity of residential schools, that such a thing may never happen again in our country. They might also learn about Delgamuukw, the Gitxsan and Wet'suwet'en landmark Supreme Court case that affirmed the fact that indigenous title was never extinguished by colonization. They might learn that the indigenous rights referenced in the amended oath of citizenship are still very much contested, and that there is so much work left to be done on the path to a just coexistence. They might learn about the Nisga'a Treaty, which took the Nisga'a people, including leaders such as the late Joseph Gosnell, 113 years to achieve. They might learn about the feast system, a pillar of traditional governance and about Canada's efforts to eliminate it forever in the name of assimilation.

I spoke briefly on the weekend with the Gitxsan hereditary Chief Gwininitxw, Yvonne Lattie, a wonderful woman who shared an hour of her time. I talked to her about this legislation to get her thoughts. She shared her hope that new Canadians will learn about her people's way of life and about how their system still works for them today. New Canadians might learn about indigenous resources stewardship that has been practised for millennia, and how many nations are once again taking a lead role in managing their resources, including wild salmon, which are so important to the region I represent.

They might learn the tragic story of the Lake Babine people's fishing weirs on the Babine River, destroyed by the federal government in 1904, or the fishing site at Hagwilget, destroyed by DFO's blasting of rock in 1959.They might learn about the nation-building efforts of nations that are crafting modern constitutions based on both their traditional governance systems and the contemporary needs of their communities. Similarly they might learn about the many indigenous languages and the fight to revitalize them. Those efforts in communities throughout northwest B.C. have been so inspiring. It is incredible to watch indigenous people, especially young indigenous people, learn these languages from the elders, and it is work we must support and resource, now more than ever.

Most of all, I hope that new Canadians will learn of the incredible resilience of indigenous people in the face of a politics of extinguishment. In the words of Chad Day, the president of the Tahltan central government, “It would be good if they learned that we are still here.”

In consulting indigenous leaders in northwest B.C., a question came up regarding the wording of the amended oath, which we have heard read many times over the course of this debate, but I will read it again. The amended oath would read:

I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis Peoples....

Increasingly, the term “first nation” is used to refer to a band created under the Indian Act, and “indigenous nation” to refer to larger groups of indigenous peoples, and I want to recognize the CBC journalist, Angela Sterritt, for helping me understand this important distinction. For instance, the Gitsxan Nation includes five bands, many of which have changed their names to use the term “first nation” instead of “band”, and members can understand why this might be the case. The word “band”, of course has its origin in the Indian Act, which is so problematic. In the case of the Wet'suwet'en, there now exists both a Wet'suwet'en Nation and a Wet'suwet'en First Nation, the latter of which used to be called the Broman Lake Indian Band.

This may seem like somewhat of a pedantic technical point, but the question of which group is the proper rights holder under section 35 of our Constitution is very much contested. One has only to look at recent conflicts over resource development in northwest British Columbia and across Canada to see how this is playing out and the tensions it is creating.

In northwest B.C. there are many examples where the indigenous group pursuing affirmation of indigenous rights is an indigenous nation, not a band, constituted under the Indian Act. The Haida, the Heiltsuk, the Gitsxan, the Wet'suwet'en and the Nuxalk are all examples of this. It will be important, therefore, for the amended oath to recognize them as the proper holders of those section 35 rights. I would note I recently consulted British Columbia's new declaration act, which brings the United Nations Declaration on the Rights of Indigenous Peoples into B.C. law. I did a word search for the term “first nations”, and it does not seem to appear in that legislation, so it is clear that there is an evolution in the words used to describe indigenous groups.

I am certain that the wording of the amended oath has undergone a legal review, however it would be helpful if the government clarified whether the term “first nation” refers to a band or to a larger nation of rights holders.

We have heard from other members in this place of the significance of citizenship ceremonies. There have been some very moving stories. We heard one just a few moments ago, and I would like to share a story of my own.

In 2012, very shortly after being elected the mayor of Smithers, I was invited to a local citizenship ceremony. It was held in the gymnasium of Muheim Elementary School in the community of Smithers. About 20 Smithereens, and yes, that is what residents of Smithers are called, were gathered to complete their journey toward becoming Canadian citizens. Some of these Smithereens were new to Canada and they had worked very hard to get to this point as quickly as possible. Others had lived in our country for decades and were only just then coming to the point of taking their citizenship oath.

A citizenship judge had travelled to Smithers, I believe from Victoria, to deliver a speech and to officiate the taking of the oath. I do not recall the exact content of his speech, but I remember that it was eloquent and inspiring. A group of school kids sang at the ceremony. They sang in English, French and Wet'suwet'en, the language of the place.

What I remember most was the audience of family, friends and community members who had come out that day to watch their loved ones take the oath of citizenship and take this important step. It was really moving and I remember thinking at the time that, as mayor, I should promote this ceremony so that next year the entire community could come out and bear witness to this important event and share in what I had just experienced.

I never got that chance because later that year the federal government cut funding for citizenship ceremonies in small towns across rural Canada. Residents of my home community of Smithers now have to drive four hours in all kinds of weather to take their citizenship oath in Prince George.

I understand that, now, with the circumstances we are living in, people are taking their citizenship oaths virtually. However, even before the pandemic, I do not believe there was a single in-person citizenship ceremony in all of northwest B.C.

The taking of the citizenship oath is a significant moment for many people. All the more significant if it is done in one's home community in front of one's family, friends and loved ones. Let us not only amend the oath of citizenship. Let us also take steps to restore citizenship ceremonies across rural Canada so that new Canadians may take their oath on the lands belonging to the people whose rights they will be pledging to uphold.

I will conclude my remarks with the words of Murray Sinclair from the preface to the final report of the Truth and Reconciliation Commission in which he writes, “Reconciliation is not an Aboriginal problem; it is a Canadian one. Virtually all aspects of Canadian society may need to be reconsidered.”

The oath of citizenship is one very small component of Canadian society. Let us make this change swiftly and move on to the most pressing challenges facing our relationship with indigenous people.

Citizenship ActGovernment Orders

November 23rd, 2020 / 5 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, I would like to address my colleague's concerns in relation to where citizenship ceremonies take place. Over the last 30 years, I have had the opportunity to participate in many. What I have found is that the department is exceptionally flexible. In fact, often it is the local citizenship judge who really motivates going out into the communities.

For example, for me they have been in different parts of the riding of Winnipeg North, in downtown Winnipeg, in the legislative building, in armouries and all sorts of different settings. I suspect that if the member was to inquire, he will find there is a great deal of discretion among citizenship judges and the administration to look at different ways.

We can talk about schools. I love the idea of reserves. That would be a wonderful place to witness a citizenship oath, and I suspect that we will, if we already have not. I suspect we probably have already, but it would be nice to reinforce just how wonderful it would be to see more citizenship ceremonies taking place. Maybe even some of the non-profit organizations that are out there—

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:05 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

The hon. member for Skeena—Bulkley Valley.

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:05 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I would encourage the parliamentary secretary to familiarize himself with the geography of the region I represent in northwest B.C. The citizenship judges are mostly located in the larger urban centres. If it is at their discretion where they deliver the oaths, I believe there needs to be a more concerted effort on the part of the government to ensure that those ceremonies get delivered in people's home communities.

I believe every region of this country deserves a chance to witness those ceremonies and forcing new Canadians to travel four, six or eight hours by highway to take the oath of citizenship, to me, does not feel like we are doing justice to this important step in their journey to becoming Canadians.

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:05 p.m.
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Conservative

Warren Steinley Conservative Regina—Lewvan, SK

Mr. Speaker, I listened to the member's speech and presentation on Bill C-8. I was fortunate to be a member of the legislative assembly when the Government of Saskatchewan introduced treaty education to the curriculum throughout the province, as a big part of our walk toward truth and reconciliation, to ensure young people and students throughout elementary school were learning about treaty education, what happened and how treaties were signed. It is incumbent on all of us to take up that mantle and be advocates, and talk to our provincial governments.

In B.C., is there a move toward treaty education? I am not quite familiar with it. In the member's own area, has he been a strong advocate for treaty education throughout the curriculum in elementary and high schools?

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:05 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I am not sure if the member is familiar, but northwest British Columbia is home to only one treaty. Yes, treaty education is very important. When I talk to the Nisga'a leadership, they would very much like non-indigenous people to become more familiar with the terms of their treaty.

However, the larger importance of education rests with an understanding of unceded indigenous title and indigenous rights, which represent such an important part of our work together in northwest British Columbia. There are many people who do not understand the Supreme Court case law and the evolution of our understanding of indigenous title and rights. That is very much an important part of education, moving forward. I believe that the B.C. government has made some important steps on moving it into the curriculum in British Columbia.

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:05 p.m.
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Bloc

Mario Simard Bloc Jonquière, QC

Mr. Speaker, I congratulate my colleague for his very heartfelt speech. I would like to tell him that I believe he has hit the nail on the head when it comes to recognition.

Bill C-8 recognizes the fundamental character of indigenous peoples. My colleague used several examples to point this out and spoke of the particular way in which indigenous people identify with nature, and we could learn a lot from that relationship. This also applies to cultural life. Back home, at the Université du Québec à Chicoutimi, a group known as the Nikanite is trying to revitalize indigenous culture. I believe that is key. I think that the member has clearly identified that recognition is very important. I will now ask my question.

In my opinion, what is missing from this bill is the recognition of the francophone nation. People who take an oath of citizenship should be aware that one of the founding peoples is francophone and that one of the founding peoples has not yet signed the Constitution. It seems to me that there needs to be some education about that as well.

Does my colleague have any thoughts on that?

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:10 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, indeed I believe that warrants discussion. My concern would be that the topic we have in front of us is a very specific one that relates to our relationship with indigenous peoples, which is a fundamental one. This is not to take away from what the hon. member has offered, but I believe that topic is probably best discussed at a separate time. The change we have before us has suffered many false starts. I believe it should be passed into law swiftly so that we can move on to other discussions about citizenship where perhaps the ideas the member presented could be discussed at a later time.

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:10 p.m.
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NDP

Scott Duvall NDP Hamilton Mountain, ON

Mr. Speaker, I know this is a very important matter to us. To the NDP, it is a step forward toward many changes that need to be made. Some people might think changing the citizenship oath is symbolic, but it is an important step going forward. However, it has taken the government almost five years to implement this. It is very concerning that with all the other issues there are, such as missing and murdered indigenous girls, access to clean water, the mould they are living with and all kinds of different issues, it has taken the government five years just to do this.

Does my friend feel the government has been procrastinating on these issues and does he see some of the Liberal Party members speaking so positively that they might take a better stance at moving some of these other issues forward at a faster pace?

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:10 p.m.
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NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, certainly this question around the pace of change has been one that has come up several times. Members may have heard me just ask my colleague across the way a similar question. I do not believe the current government is the right party to ask if the pace of change is fast enough. Of course, it is going to defend the glacially slow pace at which these changes are being implemented. The proper people to be asking are the leaders of the indigenous nations within this country. I am almost positive if we ask indigenous leaders if the pace of change on the Truth and Reconciliation Commission's calls to action has been adequate, they will almost unanimously say it has not been.

Much more needs to be done. This is some of the most important work we can do together as a country. It is time to stop dragging our feet and get on with it.

Citizenship ActGovernment Orders

November 23rd, 2020 / 5:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the leadership of the Council of the Haida Nation has always been remarkable to me on the subject of reconciliation. I remember clearly the words of the former president of the Council of the Haida Nation, Miles Richardson, who defined “reconciliation”, something we grapple with, as such: We will have reconciliation when “you can see me as I see myself, and I can see you as you see yourself”.

I want to know how the member feels about how this slow pace of reconciliation from settler culture Canadians can meet the aspirations of indigenous leadership across Canada.