Patty Hajdu Liberal
Second reading (House), as of March 22, 2024
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This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment amends the Indian Act to provide, among other things, new entitlements to registration in the Indian Register in response to the challenge of certain provisions of the Act under the Canadian Charter of Rights and Freedoms in Nicholas v. Canada (Attorney General) and that the persons who have become so entitled also have the right to have their names entered in a Band List maintained in the Department of Indigenous Services.
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.
Cathay Wagantall Conservative Yorkton—Melville, SK
Madam Speaker, thanks for the question, because I know it is out there. I refuse to succumb to wokeness and for people to tell me what I am defining with the words I use.
I used to coach teams. I would say “our team”. These are “our children”, these are “our friends”. I refuse to respond to anything that indicates that I do not have anything but the deepest respect and passion for—
The Assistant Deputy Speaker NDP Carol Hughes
Order.
There are discussions being had on both sides, and I would tend to think that the hon. member for St. Albert—Edmonton would want to make sure that his colleague can answer the question without further interruption.
The hon. member for Yorkton—Melville.
Cathay Wagantall Conservative Yorkton—Melville, SK
Madam Speaker, I would hope the individuals on the other side of the floor would also show that respect to me.
I am not for more division in this country, and every time we come up with these ways to say someone is saying this or that, which divides people, it is shameful and it needs to stop. This country is one country full of amazing people who want to be united. That is what I focus on and that is what the people in my riding are focusing on.
Francesco Sorbara Liberal Vaughan—Woodbridge, ON
Madam Speaker, good morning to you and to everyone. I wish all hon. colleagues who are gathered here this morning a happy Friday. Welcome to the folks in the gallery as well.
First, I will be splitting my time with my friend, the hon. member for Sudbury, who I get to sit and work with on two committees in this wonderful House.
With that, I would like to begin speaking to Bill C-38, an act to amend the Indian Act—
The Assistant Deputy Speaker NDP Carol Hughes
There seem to be some conversations going on across the floor again. I would ask members if they want to have conversations to please take them outside while someone else has the floor.
The House resumed consideration of the motion that C-38, An Act to amend the Indian Act (new registration entitlements), be read the second time and referred to a committee.
Francesco Sorbara Liberal Vaughan—Woodbridge, ON
Madam Speaker, it is a pleasure to speak today on this topic and to join my colleagues, the topic being Bill C-38. Again, I will be sharing my time with the hon. member for Sudbury, as I indicated earlier, and I will be providing important information about the Indian Act and about the amendments being proposed in Bill C-38.
My colleagues have described how these amendments were developed through engagement with first nations and indigenous partners who represent non-status first nations, which was central to the process. We could not do this without their collaboration and guidance. Now, I would like to share the potential impact of the amendments and some next steps in addressing the historical inequities of the registration and membership provisions of the Indian Act, and ultimately, a full transition away from the act to true self-determination and governance by first nations.
The amendments being proposed today are situated within a broader whole-of-government effort to advance indigenous rights to self-determination and to self-government.
Our government acknowledges that the Indian Act is an extension of our colonial history. These amendments would be an incremental step toward the development of an approach to first nations' citizenship that would be an alternative to the Indian Act. We have heard from many first nations individuals and indigenous partners who represent non-status first nations that we need to address a range of issues before a full transition of jurisdiction over citizenship to first nations can occur.
That is what we are working toward today by introducing amendments to address inequities in registration and membership under the Indian Act. What would the impact of these amendments be? Let me begin with the proposal to address the discrimination caused by a family history of enfranchisement. This bill would eliminate the differential treatment of those whose family histories include involuntary or voluntary enfranchisement, resulting in approximately 2,400 newly entitled individuals.
It would also reinstate individuals who collectively were enfranchised as a band prior to 1985, resulting in approximately an additional 1,100 newly entitled individuals. Descendants of enfranchised individuals would be entitled to registration and would be able to exercise their rights and access the associated benefits and services, which include education and non-insured health benefits.
These amendments would also recognize the acquired rights of all individuals to membership in their natal communities. The amendments would provide a legal mechanism enabling women to re-affiliate with their natal bands, if they wish. This would directly benefit those first nations women and their descendants whose membership in their natal bands was changed without their consent or their say. The result would be that first nations women who married first nations men from a different community, between 1876 and 1985, would have the choice to reconnect to their natal community.
The bill would also return autonomy to first nations by allowing them to deregister or to remove their name from the Indian register if they wish. Individuals would have the legal capacity to exercise agency over their status.
Finally, by eliminating outdated and offensive language about first nations persons with a disability, the amendments strive to align the language of the Indian Act with the last 50 years of development in capacity and guardianship law. The outdated and offensive language in the Indian Act is a lingering affront. Addressing culturally insensitive and offensive language would positively benefit first nations persons with disabilities, and their caregivers, by acknowledging their fundamental humanity and personhood, instead of relegating them as defective in some manner.
These amendments in Bill C-38 are considered necessary incremental changes with an aim to align the Indian Act with the United Nations Declaration on the Rights of Indigenous Peoples; although, clearly, much work remains. By amending the Indian Act to support the United Nations Declaration on the Rights of Indigenous Peoples, the amendments support the Truth and Reconciliation Commission's call to action 43, which calls upon federal, provincial, territorial and municipal governments to fully adopt and to implement the UN declaration as their framework for reconciliation.
The amendments also support the national action plan to address missing and murdered women, girls and 2SLGBTQQIA+ people by acknowledging and recognizing the rights of indigenous peoples. Of course, we know that the work is not complete. Reconciling the colonial legacy of Canada's relationship with first nations while constrained to the framework of the Indian Act is fundamentally challenging.
During this round of engagement, we have heard loud and clear that the second-generation cut-off issue continues to impact many individuals, and our next focus must be on this issue. An equal application of the second-generation cut-off has resulted in many grandchildren and great-grandchildren being denied status and membership to a first nations community. There are also remaining issues, such as the scrip taking and cross-border concerns.
Further conversations are needed with first nations partners to listen and learn about what future changes may encompass. To this end, starting in early 2024, we will begin engagement on these initial inequities, with a plan to introduce additional amendments once we have engaged broadly. Changing the Indian Act is a continuous iterative process. We unequivocally respect the need for engagement and input from first nations voices. Any future legislative changes will be the result of ongoing engagement and the codevelopment of solutions with first nations partners and other rights holders.
Under section 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act, the Government of Canada must, in consultation and co-operation with indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the declaration. The amendments being introduced today are considered requisite incremental changes that both increase the Indian Act's alignment with the declaration while also laying the groundwork for the Indian Act to be repealed in due course. The changes under discussion today are a necessary step to transition Canada out of the business of Indian registration and toward a future beyond the Indian Act.
By addressing historic wrongs in co-operation with first nations, we will continue to advance reconciliation and support a renewed relationship between Canada and indigenous peoples. We strive toward a relationship based on rights, respect, co-operation and partnership.
I encourage members in this most honourable House to join me in supporting Bill C-38 and the steps it proposes to begin to move away from the Indian Act.
Stephanie Kusie Conservative Calgary Midnapore, AB
Madam Speaker, we are having some excellent discourse in the House today regarding this very important issue. I was certainly very impressed with my colleague from Yorkton—Melville on this side of the House, who spoke of some of her interactions and relationships.
I am hoping that perhaps the hon. member can share some of his interactions and relationship building with first nations groups, which, of course, are so important at this time.
Francesco Sorbara Liberal Vaughan—Woodbridge, ON
Madam Speaker, Bill C-38, from my understanding, is going to receive support from all sides of the House. If I am incorrect, then I am sure it will be pointed out afterward. What is important is that we continue to consult and collaborate with first nations people, make sure that we understand their concerns and the areas where we can move forward judiciously and with diligence to continue the process of reconciliation because we know it is imperative for our government, any government and all peoples in this beautiful country, which we are blessed to call home.
Martin Champoux Bloc Drummond, QC
Madam Speaker, it is always nice to see the government finally implementing some of the recommendations for reconciliation, which is a major undertaking. Still, I think that it is rather shameful that we are not further along in this process, which I think is necessary. The government keeps saying how first nations have been wanting this and waiting for it.
There are some things that are easy to implement. During its study, the committee recommended that an official apology be made to those who fought to put an end to discrimination in the registration provisions. There are some easy things we could do to show that we have a real desire to do more than simply recognize that we are on unceded territory, which means very little or is purely symbolic in the eyes of most of the first nations people we talk to. It does not do much to improve their lot.
I would like to know whether the government is at least willing to act on the suggestions that are easy to implement, such as issuing an apology, for example. We know that this Prime Minister is very quick to apologize if it means he gets to shed a few tears. Is this something that the government might consider?
Francesco Sorbara Liberal Vaughan—Woodbridge, ON
Madam Speaker, Bill C‑38 is very important for us.
I want to say that I am very happy to hear that the pertinent committee for this bill did the requisite work and put forward a number of recommendations. It is obviously fitting that we continue to do the work in line with the recommendations in UNDRIP. Obviously, how quickly we proceed in this process will determine the timeline.
On the recommendations that the committee has brought forward, I am sure, in the spirit of collaboration, that all of those recommendations were looked at by the pertinent individuals and parties who put forward this legislation.
Viviane LaPointe Liberal Sudbury, ON
Madam Speaker, kwe kwe, ullukkut, tansi, hello and bonjour. Before I begin, I would like to acknowledge that Canada's Parliament is located on the unceded traditional lands of the Algonquin Anishinabe people.
I am thankful for the opportunity to say a few words today as we debate important amendments to the Indian Act, a relic of our colonial history that needs change.
I would like to begin by providing a historical overview to show why these amendments are so important and why we could not be proposing them today without first taking time to listen to and learn from first nations and indigenous partners who represent non-status first nations.
Before European contact, first nations had their own, long-established methods for determining citizenship. While methods varied between nations, the issues of kinship and community ties were at the heart of these processes. Colonial administrations, and then successive Canadian governments, introduced a progression of statutes that drastically changed the meaning and the nature of citizenship within first nations. The goal of these statutes was assimilation, and through the Indian Act, the process of enfranchisement was introduced.
Through enfranchisement, first nations members lost entitlement to registration and membership in their home communities if they wanted to vote in Canadian elections, own land, serve in the Canadian military, marry a non-first nations person or deny compulsory residential school attendance for their children. This legal process not only extinguished individual rights to registration under the Indian Act but also eliminated the right to access a range of rights and benefits, including the ability to vote in their nations' elections.
Individuals, including men, their wives and minor children, could be enfranchised involuntarily or by application. As I alluded to earlier, many parents sought enfranchisement simply as a means to protect their children from forced attendance at residential schools. Some were involuntarily enfranchised when they earned a degree; became a doctor, lawyer or professional; or resided outside of Canada for more than five years without permission.
The implication of enfranchisement in these circumstances was that first nations heritage and culture was somehow incompatible with notions of modernity and professional achievement.
The evolution of the Indian Act had particular consequences for first nations women. By 1869, the definition of “Indian” was no longer based on first nations' kinship and community but instead on the predominance of male lineage and their community connection. Under the Indian Act, a woman who married an Indian man was automatically transferred from her father's nation to her husband's community. Women who married non-lndian men lost their status and any associated benefits completely.
The result of these policies has been devastating. The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls explains how the policy played a role in limiting women's social and economic independence. We know from the national inquiry that social and economic marginalization was among the root causes of the unspeakable violence that indigenous women and girls endure in this country.
There have been attempts over the years to do better, but these have fallen short. Amendments to the Indian Act in 1951 attempted to remove some of the offensive political, cultural and religious restrictions, but they also gave the provinces jurisdiction over indigenous child welfare. This paved the way for the sixties scoop, a painful process where first nations children were removed from their families and communities instead of being provided with resources and supports.
In 1985, the process of enfranchisement was eliminated from the Indian Act. Individuals who had been enfranchised by application had their entitlement restored, but they still could not pass on entitlement to their grandchildren.
This is why it is so crucial for any amendments to be made in coordination with those who are most affected by them. Today we are on a path toward reconciliation. We are trying to listen, learn and do better. Policy development must reflect the recommendations and perspectives of first nations peoples and indigenous partners who represent non-status first nations.
For example, through the collaborative process on Indian registration, band membership and first nation citizenship, first nations partners guided the development of Bill S-3, which received royal assent in 2017, came into force in 2019 and eliminated known sex-based inequities in the registration provisions of the Indian Act. Today, because of these changes, matrilineal and patrilineal lines of ancestry are treated equally in entitlement to registration, all the way back to 1867.
Despite the successful removal of sex-based inequities in registration, the Government of Canada and first nations agree that there are still legacy issues that impact women and issues in registration and membership which remain, and these need to be addressed.
In March, the Minister of Indigenous Services reaffirmed the federal government's commitment to addressing enfranchisement-related inequities in the Indian Act as soon as possible. We have been working with first nations individuals and indigenous partners who represent non-status first nations to craft these amendments. We are grateful for their advice and guidance, and we recognize how difficult it can be to share their stories over and over again in a struggle for change that spans decades.
The amendments in the bill before us today are the result of discussions with impacted first nations individuals, first nations representatives, Indian registration administrators and national indigenous organizations, including the Assembly of First Nations, Congress of Aboriginal Peoples, Native Women's Association of Canada, Métis Nation of Canada and the Manitoba Métis Federation. Some provided formal written feedback on the draft of the legislation, while others participated in conversations about the need for and direction of the amendments.
I will now provide a brief overview of what the amendments include. The amendments being proposed will address discrimination caused by a family history of enfranchisement. They will also address individual deregistration, natal band membership and some of the outdated and offensive language in the Indian Act.
They will ensure that first nation individuals with a family history of enfranchisement will be treated equally to those without. The amendments will also allow those individuals who want to remove their names from the Indian register the opportunity to do so. We know this is important for members of Métis groups or American tribes who wish to pursue this option based on the membership requirements of their respective groups.
We note that those who are deregistered will still legally retain their entitlement to be registered under the Indian Act in the future and subsequently transmit entitlement to their descendants. The proposed amendments would also create a legal mechanism that would ensure that women who lost the right to membership in their natal first nations, prior to changes made in 1985, have the right to apply to have that membership restored.
Last, we know the Indian Act includes all manner of outdated and offensive language. Today's amendments will focus on the term “mentally incompetent Indians”, which would be replaced with the more respectful “dependent person.”
We recognize that there is much more work to be done to address the colonial legacies in legislation. Starting early in 2023, we will begin engagement on the additional inequities that still remain in registration, including the second generation cut-off. We will plan to introduce additional amendments once we have engaged broadly.
We are committed to working hand in hand with first nations to accomplish this. We are striving to make changes based on recognition and respect for the right to self-determination. It is a learning process. We are learning how to listen and also how to act with humility.
I reiterate my thanks to the first nations individuals and indigenous partners who represent non-status first nations who have devoted their time and energy to this process of change, and to the many individuals that work hard every day to make things better in this country. Their resilience and patience paves the way for a brighter future, and I offer my deepest gratitude to them.
It is my hope that this historical context and overview provides members of Parliament with a sense of why these amendments are needed. I hope all members will join me in supporting this important bill and in continuing to work towards true reconciliation.
The House resumed consideration of the motion that Bill C-38, An Act to amend the Indian Act (new registration entitlements), be read the second time and referred to a committee.