Mr. Speaker, I do remember that in 2019 there was a bill called Bill S-3, which I thought was the government's answer to all of these problems. Is Bill C-38 not an admission on behalf of the government that it did not get Bill S-3 right?
Patty Hajdu Liberal
Second reading (House), as of March 22, 2024
Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-38.
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.
Arnold Viersen Conservative Peace River—Westlock, AB
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Mr. Speaker, on the topic of Bill C-38, the department estimates that around 3,500 individuals would be enfranchised. That ultimately means that any financial costs of integrating them would be put onto Indian bands.
Section 10 bands have the autonomy to determine membership. Therefore an individual would be able to obtain status from the Indian register after Bill C-38's passage. However, that leads to a question I have, which is whether this would complicate the section 10 process that has been well established. Does the member think that this needs to be studied further or that some amendments or some clarity from the government needs to be forthcoming?
Chandra Arya Liberal Nepean, ON
Mr. Speaker, today I stand before you to discuss a monumental step forward in our nation's journey toward reconciliation and justice for first nations communities. The proposed legislation, Bill C-38, seeks to amend the Indian Act in response to long-standing concerns voiced by first nations individuals and communities, as well as to address the residual discriminatory impacts highlighted by the Nicholas v. AGC litigation.
For too long, the Indian Act has been a source of division and inequality, its outdated provisions casting long shadows over the promise of equity and unity. Bill C-38 represents a pivotal moment in our collective history, a chance to right the wrongs of the past and lay the groundwork for a future where justice and equality are not just ideals but realities.
The proposed changes would be both comprehensive and transformative. First, the bill seeks to eliminate known sex-based membership inequalities from the act. This would be a critical step toward ensuring that all first nations individuals, regardless of gender, have equal rights and opportunities. By addressing these sex-based inequalities, we would not only uphold the principles of justice and fairness, but would also honour the resilience and dignity of those who have fought tirelessly for these changes.
Second, the legislation aims to address inequities caused by the practice of enfranchisement. This historical practice, which stripped first nations individuals of their status and rights, has left deep scars on communities. By rectifying these injustices, we would acknowledge the wrongs of the past and take a significant step toward healing and reconciliation.
Additionally, Bill C-38 would allow for deregistration from the Indian register. This change would recognize the autonomy and agency of first nations individuals, providing them with the freedom to define their own identities and affiliations. It would be a move toward self-determination, empowering individuals to make choices that reflect their personal beliefs and circumstances.
It is essential to emphasize the gravity of enfranchisement. The process unjustly stripped thousands of first nations individuals of their status, severing their ties to their communities and heritage. Although the practice was abolished 35 years ago, the shadows it cast are long and dark, with its harmful legacy still felt today. The scars left by enfranchisement are not merely historical footnotes; they are also lived realities for many, manifesting in lost connections, identities and rights.
In alignment with our commitment to reconciliation, and guided by the wisdom of first nations partners, our government is dedicated to confronting and eliminating these registration inequalities at a systemic level. Bill C-38 is not just a legislative measure; it is a testament to our resolve to address these injustices head on. By targeting these inequities, we are taking a stand against the vestiges of policies designed to assimilate and erase first nations identities.
Moreover, the bill's commitment to eradicating sex-based discrimination in the Indian Act would address a critical aspect of inequality that has persisted for far too long. These discriminatory practices, embedded in the act, have undermined the principle of equality and fairness. By confronting these injustices, Bill C-38 would be setting a precedent for the kind of nation we aspire to be, one where equality is not just a principle but also a practice.
Let us recognize that Bill C-38 represents a step forward in our journey towards reconciliation. It is a journey that requires our collective effort, commitment and compassion. As we move forward, let us do so with the understanding that true reconciliation involves acknowledging the past, rectifying injustices and working towards a future where the rights and dignity of all first nations peoples are respected and upheld.
Bill C-38 would commit to removing outdated and offensive language found in the Indian Act. Language shapes our perceptions and attitudes, and by eliminating derogatory terms, we foster a more respectful and inclusive dialogue. This change is not just about updating terminology; it is about reshaping the narrative and affirming the dignity of all first nations people.
In our journey toward progress and inclusivity, we encounter a significant obstacle: our legal code, a labyrinth of statutes, some of which date back a long time to a previous era. Among these laws are provisions that no longer reflect our current values, ethics and understanding. Even more concerning, some contain language that is offensive, discriminatory and wholly out of step with today’s standards of respect and equality.
The task before us is not merely administrative; it is morally imperative. To rectify the situation, we must undertake a comprehensive review of our legal system. The review should not only identify outdated and offensive provisions but also evaluate the relevance and applicability of laws in the contemporary context. The goal is not to erase history but to ensure that our legal framework is just, equitable and reflective of the society we aspire to be.
The process requires a collaborative effort involving legal experts, historians, ethicists and, importantly, the community at large. Public consultation would ensure that the process is transparent, inclusive and sensitive to the diverse needs and values of our society. Technology can aid in this endeavour, enabling more efficient review and broader engagement. Moreover, this effort presents an opportunity for educational outreach, helping the public understand the evolution of our legal system and the importance of laws that are just, inclusive and respectful. By engaging in this critical work, we affirm our commitment to democracy, justice and the dignity of all individuals.
The bill includes further required consequential amendments to ensure that the act would reflect the values of equality, respect and justice. These changes are not merely administrative; they are a testament to our commitment to addressing historical injustices and building a more equitable society.
Bill C-38 is more than simply legislation; it is a beacon of hope. It signifies a profound shift in our relationship with first nations communities, one rooted in respect, understanding, and partnership. As we move forward, let us do so with open hearts and minds, committed to the principles of reconciliation and equity.
Together we can build a future that honours the rich heritage and contributions of first nations peoples, ensuring that our nation's legacy is one of unity, justice, and mutual respect. The path to modernizing our legal system is both a challenge and an opportunity. It is an opportunity to reaffirm our values, to strengthen our democracy and to build a more inclusive society. Together let us embark on this journey with determination and hope.
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.
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.
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.
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.
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, 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—
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Madam Speaker, I certainly appreciate the member's intervention on this important debate on Bill C-38. Obviously, a number of inequities existed after various governments brought forward legislation. That has, unfortunately, hit upon many of the individuals that this legislation tries to target. I know this particular member has worked very hard with indigenous leaders, community members and individuals in her riding, and probably throughout her region.
Could she comment on some of the positive things she has seen and also remark on some of the other inequities she believes need to be addressed by a future government?
Cathay Wagantall Conservative Yorkton—Melville, SK
Madam Speaker, I was two minutes into speaking to Bill C-38 when my time ended on October 20, 2023. I am delighted to carry on today and will begin by reflecting first on what I said five months ago as I preface my further comments.
I really did appreciate hearing the debate in the House that day. Once again it was apparent that we gain far more from listening to those impacted and finding common ground to bring about positive change where needed. There was true concern about the circumstances that indigenous peoples find themselves in as a result of hardships they have faced through abuse and the intergenerational impact of those abuses from the past. Part of the challenge, I believe, is that while indigenous communities are many and have much in common, they also come from different life experiences themselves, and the same realization exists within all people groups throughout the world and those that call Canada home.
Although the long-awaited piece of legislation before us would provide strides toward reconciliation and the reversal of discrimination and inequalities within the Indian Act, it is only a milestone in a long journey of self-determination for first nations across Canada.
First of all I will deal with a reprimand I received in this place from other members who chided me for saying “our” first nations and “our” indigenous peoples, implying that I was suggesting ownership as a statement of colonialism. It might be some people’s choice to define the use of the word “our” as a weapon used by some in an effort to further hurt and create division, but in my case, nothing could be farther from the truth. Divisive rhetoric causes wounds. In my conversation, the word “our” is recognition of the desire of our indigenous people to be shareholders, not stakeholders.
In the riding of Yorkton—Melville, diversity is not our strength; unity in the midst of our diversity is our strength. In just the past few weeks, I have participated in and enjoyed two Unity in the Community events hosted by the Métis Nation Saskatchewan and the local communities of Porcupine Plain and Hudson Bay, where Métis, first nation, Filipino, Ukrainian, Norwegian, Portuguese, African, and some I think I am forgetting, many different cultures, came together from those communities and packed the building for an entire day of great food, displays, history, clothing, dancing and singing that intentionally celebrated everyone who calls those communities and the surrounding area home. The relationship-building and reconciliation are intentional there.
Another example is the efforts of the Yorkton Tribal Council as an association of six first nations and the City of Yorkton, which are working together to invest in common goals. Then there is the coming together of the Cote First Nation with the Good Spirit School Division, Kamsack School and Isabella and her family, to model grace in reconciliation through the creation of Ribbon Skirt Day. These are fruitful changes that we create.
As we keep these moments in mind, here is a truncated history lesson about the timeline of 45 years of incremental changes that have gone by since the Indian Act was created and implemented in 1876. In 1982, the Canadian Constitution was patriated, and section 35 of the Constitution recognized and affirmed the aboriginal title and treaty rights. Section 37 of the Constitution was amended, obligating the federal and provincial governments to consult with indigenous peoples on outstanding issues, creating the duty to consult.
In 1985, Bill C-31's amendment to the Indian Act passed, and it addressed gender-based discrimination pertaining to status women who married a non-status man and involuntarily enfranchised and created categories of status Indian registration under subsections 6(1) and 6(2). Then in 2010, Bill C-3's amendments to the Indian Act addressed gender discrimination in section 6 of the act in response to McIvor v. Canada. Subsection 6(2) was amended, allowing women who regained status to pass down status to their grandchildren.
In 2017, Bill S-3, an amendment to the Indian Act, addressed further gender-based discrimination in the act. The lineage eligible for registration from a status woman who was enfranchised by marrying a non-Indian man was reinstated in 1985, but it is still shorter than the lineage of a status male who married a non-Indian woman. In 2019, continuation of the coming-into-force of Bill S-3 addressed the removal of the 1951 cut-off, where in order for an individual to pass down status, they must have had a child or adopted a child on or after September 4, 1951, and have a mother who lost entitlement due to a marriage to a non-Indian man.
I hope I am not losing my colleagues.
In 2020, the final report to Parliament on the review of Bill S-3 acknowledged residual inequities, including the impacts of a family history of enfranchisement or entitlement registration. Enter 2023 and the introduction of Bill C-38, which responds to a 2021 case where 16 individual plaintiffs launched a constitutional challenge seeking to end inequities and exclusion faced by families that were enfranchised under earlier versions of the Indian Act. An agreement was reached to put the litigation on hold while working to pursue the legislative solution.
Bill C-38 would amend four key issues in the Act. First, individuals with a family history of enfranchisement would be entitled to registration under the Indian Act and could pass on entitlement to descendants with the same degree as those without family history of enfranchisement. Second, individuals would be allowed to deregister from the Indian register if they chose to do so, via an application for removal, without the repercussions of enfranchisement. Third, an addition would be made to Section 11 of the Indian Act that would allow married women to return to their natal band if they obtained status and were registered to their spouse’s band before April 17, 1985, addressing natal band reaffiliation. Finally, outdated and offensive language when referring to “dependent persons” would be addressed and changed.
The amendment, with four parts, is estimated to provide eligibility for registration for approximately 3,500 individuals. The individuals who are eligible and choose to apply for registration would have access to the rights and benefits of registrants under the Indian Act. Unlike with enfranchisement, first nations individuals would have more control over their own identity and ultimately determine themselves which services and benefits they would like to access based on the group they wish to identify with. Once an individual has chosen to deregister, they would no longer have access to any programs, services, settlements and/or benefits associated with the Indian Act. That would be their choice.
While this amendment would be a positive stride towards reconciliation and the reversal of discrimination and inequalities within the Indian Act, it would be, as I said, but a milestone in a journey of self-determination for first nations across Canada. On October 20, 2023, I said that indigenous individuals who want to see a good future for themselves and their families do not want to be stakeholders in Canada; they want to be shareholders. I ended on that day, October 20, 2023, by saying that I look forward to that day with them. I had a lot of good response to that comment.
At that time, I had no idea that three and a half months later, an announcement would be made that provides a clear map to a better future laid out by first nations for first nations, for reconciliation, forgiveness and healing, and for our shared nation of Canada. On February 8, the hon. leader of Canada’s common-sense Conservatives committed to enabling first nations to take back control of their resource revenues from big-government gatekeepers in Ottawa. For hundreds of years, first nations have suffered under a broken system that takes power away from their communities and gives it to Ottawa. The Indian Act hands over all reserve land and money to the federal government. This means that first nations have to go through Ottawa to ask for their tax revenues collected from resource projects on their land.
This outdated system puts power in the hands of bureaucrats, politicians and lobbyists, not first nations. The direct result of this “Ottawa knows best” approach has been poverty, substandard infrastructure and housing, unsafe drinking water, and despair. Conservatives have listened to first nations, and we have announced support for an optional first nations resource charge that enables first nations to take back control of their resources and money. This is a first nations-led solution to a made-in-Ottawa problem.
First nations and the First Nations Tax Commission developed the plan. They brought it to Conservatives, and we accepted. This new optional model will simplify negotiations between resource companies and first nations. The FNRC will not preclude any community from continuing to use other existing arrangements, such as impact benefit agreements. The Conservative leader, in his conversation with them, said, “The First Nations Resource Charge cedes federal tax room so communities will no longer need to send all their revenues to Ottawa and then ask for it back. It will also make resource projects more attractive to First Nations so they are more likely to go ahead.” Then he said—
The House resumed from October 20, 2023, 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.
Steven MacKinnon LiberalLeader of the Government in the House of Commons
Mr. Speaker, that member knows very well that he is about to stand up this evening to remove $376 that will be landing in the bank accounts of all of his constituents on April 16. He is going to vote against that, and if we go a little further outside his riding into the great prairie areas of Saskatchewan, they will get a 20% rural top-up in addition to that $376, so we will be very steadfast in supporting the policies of the government today and every day.
Tomorrow we will resume second reading debate of Bill C-38 concerning new registration requirements. When we return, and indeed we will return following the constituency weeks, we will call Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands.
Tuesday, April 9, shall be an allotted day, and furthermore, as the Deputy Prime Minister and Minister of Finance announced earlier this month, the budget will be presented on Tuesday, April 16. Pursuant to Standing Order 83(2), I request the designation of an order of the day for the budget presentation at 4:00 p.m. that day.
March 20th, 2024 / 6:20 p.m.
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Patty Hajdu Liberal Thunder Bay—Superior North, ON
Thank you very much, MP Battiste, and thank you for being with me when we announced the beginning of the consultation process for the second-generation cut-off.
For members who are unaware of this issue, this is something deeply personal for many indigenous people who, for one reason or another, have lost status, and therefore their children lose status. Those consultations are being designed with indigenous people, so they are of the utmost sensitivity, and there are a lot of opinions. There are people who feel very strongly that we need to move quickly on the second-generation cut-off. I think some communities have other perspectives. They have seen people return to the community and they wonder how they're going to absorb new members, for a whole host of reasons.
Those consultations are going to be very important, I think, in order to hear all sides and come up with a path that keeps people very comfortable with the direction.
You're right. The ongoing gender discrimination in the Indian Act is something we've been working to fix since 2015. Bill C-38 is now working its way through the House, as I understand it. We'll have debate, I believe, later this week on Bill C-38. I look forward to all members supporting that legislation and not delaying it, because families are waiting for answers.
Thank you for bringing that up.
On indigenous-led housing, I will note an article recently out of Nova Scotia. Membertou First Nation is building a record number of new homes, but all of its local contractors are too busy for more. I think a very important acknowledgement is that it's not only money that is the limiting factor for building more houses: I spoke about ice roads and the delay and interruption in getting materials to first nations communities. Skilled tradespeople shortages and a number of other things can delay infrastructure development in communities.
Sometimes it can even be related to climate change. If a community is evacuated in the middle of infrastructure season, it can upend the entire season. Communities will lose a season and the progress they've made. It can be very expensive when communities lose that progress because, of course, a half-built housing complex left to the elements means the build, in many cases, can't be salvaged.
I know we have a long way to go, but I will say that under this approach, we are looking at much faster progress.
I want to turn to Nelson to talk about how we supported even quantifying the gap.
February 29th, 2024 / 4:10 p.m.
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Leah Gazan NDP Winnipeg Centre, MB
Following up on that, we know through the National Inquiry into Missing and Murdered Indigenous Women and Girls that the child welfare system is a direct line, a “pipeline”, into becoming murdered or missing. I see that in the community I represent in Winnipeg Centre, when we had the tragedy that started the whole national inquiry. Young Tina Fontaine was murdered in our community.
How is a failure of governments to deal with things like amending the Indian Act, as they're doing right now with Bill C-38, incrementally, to ensure that indigenous women have the same rights as other women in the country, and not including us in EI regimes...? I say “us”, because the care is done primarily by indigenous women. It impacts indigenous women. How does this place us at greater risk for things like gender-based violence, difficulties with obtaining employment, difficulty with obtaining housing and so forth?