National Council for Reconciliation Act

An Act to provide for the establishment of a national council for reconciliation

Sponsor

Marc Miller  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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

This enactment provides for the establishment of a national council for reconciliation as an independent, non-political, permanent and Indigenous-led organization whose purpose is to advance reconciliation between Indigenous peoples and non-Indigenous peoples.

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

April 29, 2024 Passed Motion respecting Senate amendments to Bill C-29, An Act to provide for the establishment of a national council for reconciliation
March 20, 2024 Passed Time allocation for Bill C-29, An Act to provide for the establishment of a national council for reconciliation
Dec. 1, 2022 Passed 3rd reading and adoption of Bill C-29, An Act to provide for the establishment of a national council for reconciliation
Nov. 29, 2022 Passed Concurrence at report stage of Bill C-29, An Act to provide for the establishment of a national council for reconciliation
Nov. 29, 2022 Passed Bill C-29, An Act to provide for the establishment of a national council for reconciliation (report stage amendment)
Nov. 29, 2022 Passed Bill C-29, An Act to provide for the establishment of a national council for reconciliation (report stage amendment)
Nov. 29, 2022 Passed Bill C-29, An Act to provide for the establishment of a national council for reconciliation (report stage amendment)

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5 p.m.
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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, today I am speaking on behalf of the Bloc Québécois about Bill C‑29, which provides for the establishment of a national council for reconciliation.

I am especially grateful for the opportunity to participate in this debate because I am a member of the Huron-Wendat nation, the first Huron-Wendat to be elected to the House of Commons. Like the minister, I too was present when the survivors' flag was raised on Parliament Hill a few weeks ago. With us was my colleague from Manicouagan, who is the Bloc Québécois's indigenous affairs critic. We are still a very long way from having fully measured the tragic consequences of a vicious colonial regime.

We need to acknowledge a historical fact. The meeting of two worlds, of indigenous nations and European empires, heralded a brutal culture shock, to say the least. In the name of introducing peoples deemed inferior to the glories of civilization, nations were expropriated and crushed. For those nations, the freedom promised by westerners was actually, more often than not, oppression.

The bill before us today responds to calls to action 53 to 56 from the Truth and Reconciliation Commission, which was established through a legal agreement between residential school survivors, the Assembly of First Nations, Inuit representatives, and those responsible for creating and running the schools, in other words, Ottawa and religious authorities.

The commission's mandate was to ensure that all Canadians were aware of what happened in residential schools. The commission has documented and provided us with a great deal of new information about survivors, their families, communities, and anyone else who was ultimately directly affected by the residential school experience, including former students who were first nations, Inuit, or Métis, as well as family members, communities, churches, former residential school staff, government officials and other Canadians. A tremendous amount of investigative and research work was required.

Let us not forget that from 2007 to 2015, Ottawa paid money, $72 million, to support the work of the commission. The commission members spent six years all across the country to hear more than 6,500 testimonies. They also held seven national events in different regions of the country to mobilize the Canadian public, raise public awareness about the history of residential schools and the scars they left, and share and commemorate the experiences of former students and their families.

In June 2015, the commission held its closing event in Ottawa, at which time it released the executive summary of its final report in several volumes. The summary outlines 94 calls to action and recommendations to promote reconciliation between Canadians and indigenous peoples.

As is the case in many bills, the intention is often commendable, but at times the devil is in the details. In this case, I would like to say from the outset that the Bloc Québécois is voting in favour of the principle of Bill C‑29.

The Bloc Québécois is a vocal advocate for nation-to-nation relations between Quebec and first nations. Giving indigenous peoples a stronger voice and allowing them to be heard during the reconciliation process is entirely in line with our position. Remember, the Bloc Québécois is a political party that supports Quebec's independence. In our opinion, this is the best way to achieve a new partnership between nations: a new regime that will no longer have any ties to the racist system of the Indian Act, whose very name is insulting. In fact, my status card says “CERTIFICATE OF INDIAN STATUS”. This is not a card from the 1950s. It is from 2012 at the earliest, not that long ago. Do not be fooled. That term is as insulting and disrespectful as the N-word and, yes, they are absolutely comparable.

The term Indians is just as insulting to first nations. For the Bloc, international relations start at home, in our own country. The Bloc Québécois is working with indigenous nations at the federal level to strengthen and guarantee their inherent rights. It is ensuring that the federal government applies the United Nations Declaration on the Rights of Indigenous Peoples in its entirety in federal areas of responsibility. The Bloc has also come out in support of indigenous nations receiving their due, and we will continue to apply pressure on Ottawa to ensure it responds to the Truth and Reconciliation Commission's calls to action.

On June 21, 2021, the Bloc secured the unanimous passage of a motion to ensure that indigenous communities have all the resources needed to lift the veil on the historical reality of residential schools and to force the churches to open their archives. We could say that this bill works towards that and it is one reason why we will support it.

We also announced that we want to ensure that there will be predictable and sustainable funding for programs to help residential school survivors heal, such as the health support program that was specially designed for that purpose. This bill would establish a council to provide ongoing follow-up for this file.

The bill provides for the establishment of a national council for reconciliation, an independent, non-political, permanent organization. The minister stressed that earlier. This organization, whose mission is to advance efforts for reconciliation with indigenous peoples, must be led by indigenous people. It responds to the Truth and Reconciliation Commission of Canada's calls to action 53 to 56. I am going to read them, because they are important.

Call to action 53 reads as follows, and I quote:

We call upon the Parliament of Canada, in consultation and collaboration with Aboriginal peoples, to enact legislation to establish a National Council for Reconciliation.

That is a good start.

Call to action 54 reads:

We call upon the Government of Canada to provide multi-year funding for the National Council for Reconciliation to ensure that it has the financial, human, and technical resources required to conduct its work, including the endowment of a National Reconciliation Trust to advance the cause of reconciliation.

Call to action 55 reads:

We call upon all levels of government to provide annual reports or any current data requested by the National Council for Reconciliation so that it can report on the progress towards reconciliation.

Call to action 56 reads:

We call upon the prime minister of Canada to formally respond to the report of the National Council for Reconciliation by issuing an annual “State of Aboriginal Peoples” report, which would outline the government’s plans for advancing the cause of reconciliation.

Naturally, we are fully and firmly in favour of these calls to action. Earlier, the minister thoroughly explained the organization's mission, its mandate, its governance structure and representativeness on the board. That was all well explained, and the bill is fairly straightforward. We also applaud the obligation to table a report in Parliament and the government's obligation to respond to that report. We approve of all that and have no issue with any of it.

Nevertheless, some questions remain unanswered, and I urge the House to pay close attention to these issues. The first is funding. The 2019 federal budget included an envelope of $126.5 million to establish the national council for reconciliation, including $1.5 million in first-year operational, or start-up, funding, but we have no information about ongoing funding or how long that envelope is supposed to last. Details about how this is actually supposed to work are lacking.

Another lingering question is that of the scope. One thing that recurs frequently in this bill is all the entities the council will monitor in order to make recommendations. We can see that the council's current purpose is to “monitor...the progress being made towards reconciliation in all sectors of Canadian society and by all governments in Canada” and to “recommend measures to promote, prioritize and coordinate efforts for reconciliation in all sectors of Canadian society and by all governments in Canada”.

First of all, what does that mean? We would like to understand what is meant by “all sectors of Canadian society”. Crown corporations, surely, would be included. There are Crown corporations in Canada that could be scrutinized by the council, and government departments, too.

Will federally regulated private businesses also be subject to monitoring and investigation? Would an independent airline, for example, be included in the mandate to monitor and make recommendations?

The scope is very broad. It is perhaps a little too vague in the bill. The bill gives the council a great deal of latitude in its activities. This is not a problem in itself, but it could also undermine the council's effectiveness, because we think it could narrow its focus on government entities, rather than on private businesses. This is not to say that private businesses should be ignored, but rather, if there is one thing that should be looked at, it is the government, because the government needs to be held to a higher standard. Focusing on the government, then, only makes sense.

The other thing we need to keep an eye on is the monitoring of all Canadian governments. The bill refers to “governments” in the plural, so we see that there is a desire to monitor the provincial and territorial governments. Although indigenous affairs currently falls under federal jurisdiction, the challenges affecting first nations also relate to many provincial jurisdictions, such as health and education. We see here that the government wants to disregard jurisdiction and allow the council to monitor all government activities in Canada, including those of the provinces and Quebec.

I must admit that that is an irritant for us because we cannot support a federal council that would seek to put Quebec on trial. We are going to keep a close eye on that aspect of things, even though we are in favour of the principle of the bill, as I said earlier. This aspect does not change that support, but it is something members should be aware of.

The Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec, otherwise known as the Viens commission, was put in place to determine the underlying causes of all forms of violence, discrimination and differential treatment of indigenous men and women in the delivery of certain public services in Quebec.

In his report, the commissioner made 135 recommendations to the Government of Quebec. The report contains 142 recommendations in all, but seven of those were not for the Government of Quebec. We are left with 135 recommendations involving the Government of Quebec. These calls to action apply to all of the services that the government provides to indigenous peoples, such as justice, correctional services, law enforcement, health care, social services and youth protection.

The Government of Quebec announced $200 million in its 2020 budget to implement the commission's calls to action. Since October 2020, $125 million has been invested in enhancing, ensuring the sustainability of and improving public services, in addition to implementing cultural safety measures.

In the interest of independent and impartial monitoring, the Quebec ombudsman was given the mandate to follow up on the implementation of the recommendations set out in the Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec. The Quebec ombudsman has established an advisory committee that includes first nations and Inuit people in order to promote collaboration and ensure that the Viens commission's calls to action are translated into measures that meet the needs of first nations and Inuit representatives.

Another committee, made up primarily of university researchers and people from civil society, was also created to independently document the implementation of these calls to action. It operates out of the Université du Québec en Abitibi-Témiscamingue, and its first report was published in 2021. This is a great model to follow, in our opinion. We applaud all of Quebec's efforts in this area.

Getting back to the current bill, it could be said that despite what I just stated about what Quebec has already done, we may be seeing the establishment of another body to provide oversight and make recommendations in addition to the two that already exist in Quebec. Therefore, we can wonder if there will be overlapping jurisdictions, meddling in jurisdictions by Ottawa, or if the council will focus just on federal issues in Quebec by analyzing only matters under federal jurisdiction.

The council will be responsible for providing oversight and making recommendations. To that end it will need investigators and analysts. For the committee to properly carry out its responsibilities in this era of labour shortages, it will also be interesting to know the number of staff that this council will need. In short, despite our support, there are many grey areas as I have just mentioned.

In conclusion, it is time to leave behind the rhetoric, crocodile tears and symbolic acts and to take action. Quebec's motto is “Je me souviens” or “I remember”. Today, let us remember. We owe it to the victims of these repugnant acts that in many respects we have barely uncovered or understood.

I will end my speech by saying tiawenhk, which means thank you in the Wendat language.

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:15 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is interesting to listen to the debate, particularly from Conservative members, but my question is for this member. When the Conservatives try to give what I would argue is a false impression and make a simple statement by saying that x number of calls to action have been implemented, it is somewhat deceitful. There are numerous recommendations, a high percentage of those calls to action, that are being acted on. It is not just solely the federal government, and this leads to the question I have for my colleague across the way.

Would my colleague not agree that, when dealing with the calls to action and in the spirit of reconciliation, there is a need for governments to be working together to address the injustices from the past and to try to work collaboratively in order to achieve many of those calls to action?

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:15 p.m.
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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I am certainly in favour of collaboration.

As I said, we are taking part in a democratic debate. I have expressed reservations, but we agree on the fundamentals. We will look at ways to improve the bill and see what kind of answers we get to our questions. Then we will make up our minds.

Clearly we need a collaborative approach to the duty to remember. That goes without saying. One thing we know is that the story does not belong to any one person, it belongs to everyone. That is what informs our position today.

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:15 p.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I have a question for my friend from the Bloc. Once the council is operational, and he referred to it in his speech, the bill would require all levels of government to submit any requested data to show progress on reconciliation, as set out in call to action number 55.

Does the member have any concern with the lack of consultation with the provinces during the process of developing this council, which will impact all levels of government?

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:15 p.m.
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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, obviously, I am concerned about that. I talked about it specifically and at length.

Quebec did an amazing job creating oversight committees. Now it is observing the potential creation of another federal committee that may encroach on its jurisdiction. Of course that worries us, and that is why I talked about it.

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:20 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I was particularly interested in the member's statement about Quebec as a nation agreeing that reconciliation with indigenous peoples is very important. I know that all of Canada, including Quebec, is founded on indigenous lands and that all of Canada is land settled by settlers, including people from Quebec, but I wanted to ask a question about reconciliation and how important indigenous languages are.

Does he agree that the council will also have to monitor the protection of indigenous languages in all of Canada, including in Quebec?

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:20 p.m.
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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I am certainly not against the idea, but we have to be careful not to expand the council's role too much. As I was saying earlier, its mandate is quite broad. Perhaps it should focus more on the government itself, on the public organizations or agencies that are the responsibility of the Government of Canada.

That being said, when it comes to promoting indigenous languages, I was fortunate enough to take Wendat lessons a few years ago. It is quite complex. I would not say I speak it, but it is a fascinating language. The first nations want to preserve their culture and their language.

However, I would never be in favour of a plan that encroaches on the realities of the provinces.

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:20 p.m.
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Bloc

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

Mr. Speaker, I want to congratulate my colleague from Saint‑Hyacinthe—Bagot on his speech.

My question for him is the following. Back in December 2017, the Prime Minister announced the creation of an interim board of directors to make recommendations on the creation of a national council for reconciliation. The following year, in June 2018, another interim board of directors presented the minister with its final report, which contained precisely 20 recommendations.

We see that there are a lot of consultations and recommendations, but not a lot of action. My colleague talked about that. I would like him to tell us more about what he would advise the government to do in order to more effectively address the problems that the first nations are facing.

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:20 p.m.
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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, let me give a broad answer. The Indian Act, which is a completely racist piece of legislation, must be replaced through real dialogue with first nations, with indigenous peoples. Any model we identify must be based solely on dialogue with the first nations and on their will.

That is the first thing that must be made clear. It is appalling that an act with such a name is still in force. A system based on ghettoization is degrading and has no place in today's world.

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:20 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I would like to ask for unanimous consent to split my time with the member for Edmonton Griesbach.

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:20 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

A request for unanimous consent to share time has been made. Are we all agreed?

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:20 p.m.
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Some hon. members

Agreed.

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September 21st, 2022 / 5:20 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I would like to first thank my constituents in Nunavut for putting me here, for putting their trust in me. I will continue to work hard to ensure their needs are being met and to ensure their voices are being heard.

I also extend a warm welcome back to all the MPs. I hope they had a good summer, and I am hopeful that we will make changes that will have positive impacts for indigenous peoples and for Canada, in general.

I am pleased to rise today on behalf of the New Democrats on Bill C-29, an act to provide for the establishment of a national council for reconciliation. The basis of this bill stems from important recommendations by the Truth and Reconciliation Commission's calls to action. I honour it for its work. I truly believe that when the commission made its calls to action, it did so founded in the knowledge that systemic changes would be made.

This bill has the potential to advance reconciliation efforts for Canada and for people who call Canada their home. However, the language of this bill requires amendments for clarity. The wording of this language is not strong enough for the important role it has. It does not reference the important legal obligations enshrined by the United Nations Declaration on the Rights of Indigenous Peoples and case law.

There seems to be a disconnect between indigenous-led recommendations and how the government will implement these changes. Without a clear process in place, communication and actionable change can fall through the cracks, as they have done for decades. New Democrats will propose changes so that indigenous peoples take the lead on reconciliation and the government, to implement recommendations made by the council that will be created. The government needs to hear the voices of indigenous communities and implement changes based on the solutions offered to it.

Indigenous peoples know what changes need to be made. Indeed, the Government of Canada has been told where the disconnections are. Canada must now continue to reconcile its relationship and perceptions with indigenous peoples. Indigenous people have completed a lot of research and advocacy on reconciliation. The government's response must acknowledge this work and be guided in its actions going forward. The many areas requiring reconciliation demand that this council be created so that reconciliation is acted on, measured and maintained.

Before I turn to some of these areas, I will share a personal story. I have spoken in this House about government interference in my life. This summer, I was reminded of some of this interference. I was contacted by a former teacher, and she emailed the following: “Did you attend grade 5/6 at Maani Ulujuk School in Rankin Inlet for part of the school year? I taught grade 5 and 6 and had a student in my class, a lovely little girl, who one day was suddenly called to the office by social services and put on a plane with her mother (and maybe brother) and sent somewhere, if I recall, Pond Inlet. I never heard after what happened to her. Was that you? It would have been 35 years ago.” The sad fact, in addition to this, is that this was not the first time I was taken out of a class to be flown to yet another community.

Having shared this, I ask members, what does reconciliation mean? Unfortunately, my story as an indigenous person is not unique in Canada. Unfortunately, my story is too common among indigenous peoples.

Compensation for the confirmed discrimination against first nations children in the foster care system continues to be fought by the federal government. Changes in housing accessibility and affordability, employment opportunities based on their existing strengths, and language accessibility for federal services are areas of great concern.

Mental health services need to be highlighted across Canada. Processes that have worked and proved to be successful are those run through indigenous practices, and they could be acknowledged. Social justice support for victims of crime and funding in support of such services can be acknowledged through this process. The needs of indigenous persons are important. They are the needs that they see and speak to.

There need to be mechanisms for stronger language and incorporating indigenous laws. Many Canadians recognize the two official languages of Canada as only French and English. With many federal and territorial services being translated into only these two languages, many people are left out of conversations. These conversations are essential and need to include those who speak languages that are indigenous, including Inuktitut.

The public should learn more about indigenous cultures through their viewpoint, which is critical to educating the next generation to prevent future atrocities like those that have occurred here in Canada. By learning history through indigenous perspectives, there is a bright future in which Canadians can know and learn from the past.

We support the passing of this bill to help support indigenous-led reconciliation. Bill C-29 would offer support in facing what has happened here in Canada. Too long has Canada ignored the voices of indigenous peoples. Too long has there been inequality in safe, accessible housing and meaningful infrastructure.

The Government of Canada must take a rights-based approach to ensuring that efforts toward reconciliation have positive impacts on indigenous peoples. We will, at debate, push for the use of such instruments.

There are 94 calls to action. These calls to action must be used as a framework for reconciliation.

The United Nations Declaration on the Rights of Indigenous Peoples must be implemented in all its intents. Many elements of UNDRIP are incredibly important when speaking about reconciliation within Canada. In particular, I want to highlight the focus on education, health, and social and economic security. Article 21 states:

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including...housing, sanitation, health and social security.

Finally, another instrument that must be drawn upon is the landmark Supreme Court decision in Haida Nation. This important case stated that reconciliation must be enacted honourably. Haida Nation states:

The controlling question in all situations is what is required to maintain the honour of the Crown and to effect reconciliation between the Crown and the Aboriginal people with respect to the interests at stake.

I have tried to respond to the former teacher who reached out to me. I was so touched by the fact that my long-forgotten memory of such government interference was indeed real. It felt so long ago that I wondered if it was a memory that I had made up.

I now stand here among members, having been elected by my constituents in Nunavut. As an indigenous MP, with my unique experience and voice, I stand among members as an equal. I plead for us to be the parliamentarians who stop the deprivation of indigenous people's rights and who respect, protect and govern based on indigenous people's strengths.

In creating this council, the federal government must implement its recommendations. With a clear plan and process in place, Canada can start to move in a new direction, a direction that acknowledges the past and seeks justice for the future—

National Council for Reconciliation ActGovernment Orders

September 21st, 2022 / 5:30 p.m.
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Liberal

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

I apologize to the hon. member, but we are well beyond time.

Questions and comments, the hon. Parliamentary Secretary to the Minister of Crown-Indigenous Relations.

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September 21st, 2022 / 5:35 p.m.
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Sydney—Victoria Nova Scotia

Liberal

Jaime Battiste LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Madam Speaker, I realize that the member was cut off in the delivery of her speech. I wonder if she would want to conclude with some thoughts and if she could direct her thoughts to the portions of the TRC calls to action around education that she supports. Does she think that the education that we currently have is satisfactory in terms of what Canadians are learning about indigenous history?