An Act to amend the Indian Act (new registration entitlements)

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Patty Hajdu  Liberal

Status

Second reading (House), as of March 22, 2024
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

S-2 (current session) An Act to amend the Indian Act (new registration entitlements)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-38s:

C-38 (2017) An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons)
C-38 (2014) Law Appropriation Act No. 2, 2014-15
C-38 (2012) Law Jobs, Growth and Long-term Prosperity Act
C-38 (2010) Ensuring the Effective Review of RCMP Civilian Complaints Act

Indian ActGovernment Orders

February 27th, 2026 / 10:40 a.m.


See context

Conservative

Billy Morin Conservative Edmonton Northwest, AB

Mr. Speaker, ultimately, the original version of the bill is Bill C-38 through the Nicholas decision, and it affects primarily the Michel band in particular, of over 3,000 people approximately. I think the Liberals are phrasing this as one or the other. We can have both, and we can make history today. The government has traditionally gone through litigation to change the Indian Act. This time it can redefine reconciliation and be proactive to stay out of long, costly court cases and do both to honour the Michel band but also get rid of the second-generation cut-off for generations to come, today.

Indian ActGovernment Orders

February 27th, 2026 / 10:30 a.m.


See context

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I did not hear a favourable answer, unfortunately, and I think our fight will end up being that we make sure that those Senate amendments are included in Bill S-2, particularly because, for example, in Bill C-38, there was a provision where first nations who had experienced discrimination would have been disallowed from seeking restitution. The Senate amendments to Bill S-2 propose to fix those kinds of injustices.

Indian ActGovernment Orders

February 27th, 2026 / 10:15 a.m.


See context

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I would like to thank the minister for sharing her time with me on this important bill, Bill S-2, to amend the Indian Act.

Bill C-38, from the last Parliament, was a bill that I could not support at the time because of the inequities that first nations would continue to have. However, the NDP supports the Senate amendments to Bill S-2 and hopes that the bill will pass quickly. It is about time to finally make sure that first nations women and children get the justice they deserve.

I thank the Indian Act Sex Discrimination Working Group for its tireless work and advocacy. Its members are role models of what it means to never give up. The working group consists of Sharon McIvor, Jeannette Corbiere Lavell, Cora McGuire-Cyrette, Marjolaine Étienne, Chief Judy Wilson, Dr. Pamela Palmater, Dawn Lavell-Harvard, Dr. Gwen Brodsky, Mary Eberts and Shelagh Day. In their work, they remind us of the National Inquiry into Missing and Murdered Indigenous Women and Girls report in 2019, where the call for justice 1.2(v) calls on Canada to eliminate gender discrimination in the Indian Act.

It is clear that the Liberal agenda is to delay the passage of Bill S-2 and the Senate amendments by using the need to consult on the “how” and the “range of potential pathways” that need to be consulted on, which I heard during the indigenous and northern affairs committee meeting in February when Lori Doran, director general, individual affairs, Department of Indigenous Services, appeared.

Some of the work that has occurred to fix the discrimination in the Indian Act includes but is not limited to the following: First, Bill C-38 was tabled in the 44th Parliament. Second, Indigenous Services Canada, in 2023, reported that it was beginning a co-development consultation process to address the second-generation cut-off.

Third, the Assembly of First Nations provided a brief in 2020 that said, “Enfranchisement had an impact on all subsequent generations of people. It did not matter if an individual was voluntarily, or involuntarily enfranchised—subsequent generations could not appear on band lists or on the Indian register as status Indians.”

Fourth was Nicholas v. Canada in 2011, which required the tabling of Bill C-38. Fifth was Bill S-3's final report to Parliament in December 2020. Sixth were the amendments to the Indian Act, including Bill C-31 in 1985, Bill C-3 in 2010 and Bill S-3 in 2017. I remind Parliament that these amendments, like Bill C-38, were only in response to court cases against the federal government.

I am struck by the stark contrast of pace the Liberal government chooses to make, depending on whether it respects indigenous peoples rights. Very clearly, we see the contrast in how the Liberal government fast-tracked Bill C-5, the One Canadian Economy Act. Bill C-5 became enshrined in Canadian law in record time. It received royal assent on June 26, 2025, only one year and two months after the election.

First nations, Métis and Inuit all called for the federal government to slow down to give indigenous peoples time to understand the potential impact of Bill C-5. The Liberals ignored these calls and used House procedures to ensure a quick passage. They violated the rights of indigenous peoples as required under the United Nations Declaration on the Rights of Indigenous Peoples. They did not receive the free, prior and informed consent of indigenous peoples.

Now, in Bill S-2, the Liberals want to do consultations on how to remedy this issue, stating that there is a “range of potential pathways”. All of a sudden, they worry about whether Bill S-2 would be charter-compliant. The Assembly of First Nations supports Bill S-2. In fact, it calls upon the federal government to “immediately and without delay end any and all sex- and race-based discrimination in the Indian Act” in its December 2025 motion in response to Bill S-2.

The delay tactics are so clear to indigenous peoples that we have responses like the one from the Union of British Columbia Indian Chiefs, who stated that they will not participate in the consultations on the second-generation cut-off. They explained, “The consultation process is a clear conflation of status, membership, citizenship, and self-government, which are all separate legal issues”.

The Chiefs of Ontario support amendments that, as stated in the media, “aim to address its longstanding inequities and remove discriminatory language that should never have existed.” They further call on the federal government to “work directly with First Nations to create a framework that allows them to fully control their own membership, free from restrictive federal oversight, with decisions recognized as authoritative for all purposes.”

Instead, the Liberals are opting to consult on how to remedy the issue of the second-generation cut-off. They have stated their so-called concerns about the huge increase of potential members that would happen if Bill S-2 passed.

A leading expert, Dr. Pam Palmater, stated at the indigenous and northern affairs committee that:

There have been no [less] than 10 Supreme Court of Canada cases that said you can't use consultation as a delay. You can't use financial costs by the federal government. None of these excuses are at play.

They also say that you cannot use an incremental approach to get rid of section 15 discrimination, and that's exactly what this is.

Why are they doing it? Well, it's unjust enrichment on Canada's part, because the longer they delay making these amendments, the less money they have to spend on people who should rightfully be included, and then they insulate themselves from liability with non-liability clauses, and that's wrong.

The other thing that I think is really important to remember is that millions of people aren't going to be added. In fact, the estimates are 7,500 people a year, divided over 630 first nations. We all know that with every single amendment, millions were never added. It was 130,000 for Bill C-31, 38,000 for Bill C-3, and Bill S-3 is 88,000 so far, divided among 630 first nations.

The Government of Canada can make substantial changes to the Indian Act to end discrimination, but it has chosen to hide behind future consultations and small legislative steps to say it is making progress.

The NDP calls upon the Liberals to end their delay tactics. I call on them to use the same pace they used in Bill C-5 to expedite the passage of this bill and ensure that discussions with first nations achieve their inherent jurisdiction over citizenship and membership.

Business of the HouseOral Questions

March 21st, 2024 / 3:10 p.m.


See context

Gatineau Québec

Liberal

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.

National Council for Reconciliation ActGovernment Orders

February 12th, 2024 / 5:15 p.m.


See context

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, it is an honour once again to rise and speak to Bill C-29.

This flawed bill was the government's attempt, over nine years in office, to address the Truth and Reconciliation Commission's calls to action 53 through 56. Indeed, since 2015, the Liberal government, for all its rhetoric on reconciliation, continues to ignore indigenous voices. It breaks promises and perpetuates the archaic, broken and paternalistic “Ottawa knows best” approach to indigenous issues.

We do not have to look very far to see this.

The Chiefs of Ontario, which represents more than 130 first nations in the province, filed for a judicial review because this Liberal coalition government refuses to listen to indigenous communities and axe the carbon tax. The first nations argue that the imposition of the price on carbon is leaving their communities worse off than others in Canada and breaching the principles of true reconciliation.

Abram Benedict, the Grand Chief for the Mohawk Council of Akwesasne said, “People feel that their rights are being violated.” The chiefs want the federal government to redevelop the policy with their communities by either exempting first nations people from the price on carbon or allowing them to recoup all the costs associated with the system.

Many first nations members cannot benefit from the rebates delivered under the pricing mechanism, because the payments are linked to income taxes, which are not collected from individuals working on reserves. The leadership also argues that the price on carbon places a burden on their constitutionally protected rights to hunt, harvest or fish on their traditional territory because of the added fuel costs for all-terrain vehicles, trucks, boats and snowmobiles.

Furthermore, with respect to the long-anticipated national loan guarantee program, the Liberal government has remained silent on the details. Indigenous leaders are very concerned that oil and gas will not be included, sidelining over $300 billion in projects over the next decade and $40 billion in LNG projects ready to go next year. Indigenous leaders are asking for details, but this government refuses to engage with them and give them the details they actually need to plan.

This is not reconciliation. This is alienation.

This leads me to Bill C-29, the national council for reconciliation act. Speaking previously, I made it clear that it was important to use a consensus-building approach to improve this piece of legislation. Bill C-29 deserved, in its formation, a responsible look at areas where it needed improvement.

At second reading I pointed out that Bill C-29's foundation was cracked and would need some care and attention at committee if the government hopes to provide a workable council that is respected by all leaders, all communities and all organizations across Canada. I wanted to make sure that all five indigenous national organizations were represented, not just the three that were in the original bill, notably the Native Women's Association of Canada, NWAC, and the Congress of Aboriginal Peoples, both of which were ignored.

My colleague, the member of Parliament for Desnethé—Missinippi—Churchill River, added that he wanted the following addressed: The transparency and independence in the selection process of the board of directors; words that were purposely vague to avoid accountability; the lack of any measurable outcomes; the fact that it took over four years to bring the bill to the House in the first place; and, of course, lastly, that the Prime Minister should be the one responding to the council's annual report, as was the direction in the call to action 56.

In 2015 the Prime Minister claimed that building a good relationship with indigenous peoples would be the government's top priority. I am not sure what the word “priority” means to the Liberal Prime Minister, but to me it does not mean tabling any indigenous-related legislation at the last possible minute. Bill C-38 was introduced December 14, 2022, the last sitting day of a House sitting session. Bill C-53 was introduced on June 21, 2023, the last day of a House sitting session. Bill C-29, of course, was introduced June 22, 2022, which was the last day of a session. I do not know about my colleagues, but the trend certainly does not scream “priority” to me. Indigenous people deserve more than a last-minute Liberal effort.

Need I say that, while the Prime Minister would love to take credit for being the first to advance reconciliation, it was actually the previous Conservative government that finally issued a formal apology on behalf of Canada to all indigenous people across the country? Actions speak louder than words, which is why I remind the House that 17 of the 19 amendments Conservatives put forward were passed at committee. It is the job of the official opposition to improve legislation where possible and to make it representative of all voices, and that is exactly what members on this side of the House did. Unfortunately, there was one amendment we proposed that was disproportionately voted down by the other parties, and that is what I would like to discuss for a few minutes.

One of the most glaring issues with Bill C-29 is the lack of representation on the national council for reconciliation. The bill sets aside three seats for the AFN, ITK and the MNC, three national organizations that the Liberal government deals with almost exclusively when it comes to indigenous issues across the country. It chose to ignore the other two major organizations, NWAC and CAP.

At committee, Conservatives got a motion passed to have both organizations recognized in the same manner as the AFN, ITK and the MNC, yet when the bill was reported back to the House, the Liberal-NDP coalition chose to deliberately vote against the will of its members on committee and remove the Congress of Aboriginal Peoples from the bill. The Liberal-NDP coalition chose to ignore the voices of large swaths of urban and poor people. CAP represents over 800,000 off-reserve indigenous voices, yet it has no voice when it comes to reconciliation. It has been alienated by the government and its supporters.

The Conservative senators in the other place tried hard to rectify this, but again the Prime Minister made sure his Liberal senators defeated that amendment. I often hear in meetings with indigenous leaders about the importance of economic reconciliation, not just to address their own issues with their own resources but also to return a sense of self-sufficiency and honour to a people who have had it stripped away by the paternalistic, archaic and irreparably broken Indian Act.

Conservatives also put forward an amendment to add a seat on the board of directors for someone from an indigenous organization that is focused on economic reconciliation. With many options available from a whole list of organizations that are all doing great work in this sphere, finding a well-established organization that has done historic work in creating economic opportunity for indigenous people would not have been a barrier. The lack of support for this amendment, it should be pointed out, came at the expense of not listening to multiple witnesses who clearly voiced their approval for the inclusion of an economic lens being a part of this board. To ignore these voices discredits the very process of reconciliation.

As the shadow minister for Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada, I hear regularly from indigenous groups and leaders across the country how important economic development and prosperity are to reconciliation. Having members with fiscal expertise on a commission directly focused on advancing reconciliation seems like a key component to ensuring an economic lens is at the forefront of their work.

Instead, obstruction comes from the Liberal-NDP coalition, which looks down upon Conservatives who encourage economic reconciliation. We need to establish an economic national dialogue with indigenous leadership and organizations to remove the bureaucratic barriers to economic prosperity that exist at Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada, with a goal of phasing out these government bureaucracies altogether.

Conservatives are moving in this direction, with the recent announcement of the grassroots, indigenous-led first nations resource charge. Common-sense Conservatives are ready to dismantle the “Ottawa knows best” archaic and paternalistic way of doing things. For hundreds of years, first nations have suffered under a broken colonial system that takes power away from their communities and places it in the hands of politicians in Ottawa.

The Indian Act hands over all reserve lands and money to the federal government. This means that first nations must go to Ottawa to ask for the tax revenues collected from resource projects on their lands. This outdated system puts power in the hands of bureaucrats, politicians and lobbyists, not first nations. The direct results of this “Ottawa knows best” approach have been poverty, substandard infrastructure and housing, and unsafe drinking water.

The first nations resource charge is a signal to indigenous peoples that the Conservatives recognize the need to correct the fiscal imbalance between indigenous and non-indigenous communities. This would ensure that they receive stable, annual fiscal benefits and to advance reconciliation by promoting first nations self-determination and economic development.

We tried to do this with Bill C-29 as well, yet the Liberals were not interested in hearing the voices of off-reserve indigenous peoples or even considering economic reconciliation on a national committee tasked with reconciliation.

Conservatives continue to observe Liberal and NDP MPs aggressively challenging indigenous leaders who appear as witnesses at the indigenous and northern affairs committee, advocating for economic reconciliation. Unfortunately, I find myself asking why. It seems there is an aversion to even having a discussion on economic reconciliation. This tells me that something does not add up.

What is it about indigenous peoples being the creators of their own destiny that Liberal MPs dislike? What is it about empowering the creation of healthy, strong and vibrant communities through prosperity that they do not like? What is it about using own-source revenue from true partnerships to solve long-standing social issues that they dislike? What is it about leaving behind the destructive grip of poverty to offer hope and opportunity to future generations that they dislike? Why will the Liberal government not listen to what indigenous people are trying to tell them? Sadly, the answer is that they are more concerned with political power and control.

By imposing their own views, rather than listening to indigenous voices, they create the same environment that indigenous peoples have lived under for far too long in this country. One group's world views and political opinions are forced upon another group.

This past week, on many different occasions, I heard the Minister of Indigenous Services claim that her department is focused on co-development with first nations. The Prime Minister even stood in this House and used the term “co-develop” as well.

This sounds like another Liberal buzzword used to create the illusion of equal partnership between indigenous leaders and Canada. In fact, in response to the use of the term, first nations leaders have pushed back and said that they are not sure who the Liberal government is co-developing with, because it is sure not them.

We heard from the national chief, Chief Elmer St. Pierre, of the Congress of Aboriginal Peoples that “Reconciliation must start with inclusion”. He added, “Despite the existence of five National Indigenous Organizations, the Liberal Government seems to be engaging in partisan politics by excluding CAP and the voices of urban Indigenous peoples.”

“The government's attempt to divide and conquer by selectively recognizing certain indigenous groups is deeply concerning,” stated Kim Beaudin, CAP national vice-chief. He went on: “Reconciliation cannot be confined to reserves alone, as the majority of Indigenous peoples now reside in urban and rural areas, demanding their voices to be heard.”

What an embarrassing indictment of the Liberal government this is. To make matters worse, one of the three original council members, the ITK, an organization that represents Inuit peoples, has withdrawn its support of Bill C-29. The ITK's president, Natan Obed, fears that the reconciliation body created by the bill could undermine ongoing Inuit work to build a direct relationship with the federal government and advance Inuit rights and interests. He says that the bill, as it stands, also does little to make the federal government accountable for fulfilling its obligations on reconciliation.

On this issue of “co-development”, which the Liberals insist is how they do business, President Obed said: “It has been debatable on the Inuit side on whether or not we would describe how we've interacted with the federal government as co-developed.... These terms are largely subjective and we wanted to make them more clear.”

Chief St. Pierre was much less forgiving, saying, “This extraordinary move by the Liberals is a slap in the face to thousands of survivors who live off-reserve.... For seven years now, the Liberals have trumpeted the importance of reconciliation, but this exclusion reveals their true colours.”

It is time to fundamentally change the approach. Much of my work on this file was shared by my colleague, the member for Desnethé—Missinippi—Churchill River. In fact, it was that member who shepherded Bill C-29 through the House, and I wanted to take a moment to thank him for his work on this file.

Out of respect for his work, I would like to share a story from his riding, which really highlights the changes that are already happening on the ground in northern Saskatchewan. Having spent time with Pelican Lake First Nation's Chief Peter Bill, RCMP and two of Pelican Lake's own community safety officers, the member asked how the newly established community safety officer program was going. Chief Bill replied that the community now has six full-time employees and its own fully equipped vehicles, and it is in the process of training more officers. The RCMP also explained how helpful the program had been in the overall safety of the community.

How did Pelican Lake First Nation pay for this community service officer program? In fact, it was their own-source revenue, which was generated from their forestry business. They invested the profits to assist the overall health of the community, instead of waiting around for years while the government and the bureaucrats plan; meet; make frameworks, charts and graphs; do benefit assessments and feasibility studies; or use the signing of MOUs for photo ops.

Later that day, the member for Desnethé—Missinippi—Churchill River was at Flying Dust First Nation to participate in a walk of solidarity with residential school survivors. On that walk, he saw the hockey rink that was built a few years ago and, beside it, the newly built 6,000-square-foot sporting goods store and facility called Snipe and Celly. If one looks in the other direction, one finds the new Petro-Canada gas station located right on the highway. For the member, it was a stark reminder of what the MLTC Cree vice-chief, Richard Derocher, had mentioned to him earlier that day, when he spoke positively on reconciliation. He shared that his wish was that, one day, when people were either visiting or driving through the area, they would not be able to recognize when they were leaving Flying Dust First Nation and entering Meadow Lake.

Generating prosperity through economic development works. It is a shame that this was not recognized by the government. The existing model of federal public servants determining who is and who is not ready for self-governance needs to change. Reconciliation must be centred on the future of indigenous peoples, not what is in the best interest of the Liberal government. By modernizing our approach to indigenous partnerships, we will modernize Canada and usher in a new age of economic prosperity and equality of opportunity.

Conservatives promote and believe in economic reconciliation. It is the solution to eradicating poverty and, with it, the social ills that poverty creates. With control put back in their hands, indigenous peoples can begin to manage prosperity instead of poverty and take concrete steps toward healing through self-determination.

Conservatives support off-reserve and non-status indigenous peoples. Unlike the Liberals and the NDP, we have demonstrated this publicly with our support of the Congress of Aboriginal Peoples' inclusion on the national council for reconciliation. The Liberals and their NDP coalition partners effectively silenced the voices of the 800,000 off-reserve and non-status indigenous peoples when they voted against amendments that would have included CAP on the council. Let the record show that it was the Liberal, NDP and Bloc members who stood against the addition of economic reconciliation to the national council, while Conservatives recognized the importance of consultation and of hearing from as many diverse indigenous voices as possible.

To conclude, I am proud of the work our Conservative team did in making Bill C-29 a better version than what originally came to the House.

First Nations Clean Water ActGovernment Orders

February 5th, 2024 / 1:25 p.m.


See context

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I am privileged to represent Nunavut in the House. I am sorry I missed the Minister of Indigenous Services's speech as I was in committee. Our committee was concluding the study of the Métis self-government bill. I am glad I am able to at least find out what her statements were and to respond to them later.

I appreciate that before July 1, 1867, Inuit, first nations and, later, the Métis, governed these lands. Before Canada, they had laws regarding wildlife, marine and terrestrial environments, ecosystems and relationships with each other. Bill C-61, an act respecting water, source water, drinking water, waste water and related infrastructure on first nation lands is a particularly important one to remind us of the existence of indigenous peoples before colonialism. Before colonialism, indigenous peoples protected water and the land, and they used the environment for sustenance, acknowledging the limits. Therefore, protecting and preventing future damage was at the core of being sustained by the environment, especially water.

I take this opportunity to remind Canadians that Canada’s colonial efforts to “remove the Indian from the child” remain active. There are more indigenous children in foster care than there were in residential schools. There are more indigenous people who are homeless, in overcrowded housing situations or living in substandard housing. First nations, Métis and Inuit have the largest infrastructure gap. Indeed, the NDP found that the first nations infrastructure gap is at $350 billion. The Liberal government made cuts to MMIWG funding.

Therefore, when this bill was introduced, I put on my oppressed lens and sought where it could be familiar to me. I found familiarity in asking these questions: Why, in this legislation, are human rights and treaty rights not on par with what other Canadians have as rights? Why does the bill not align with international human rights laws regarding water? Why does the bill provide only a guide regarding the United Nations Declaration on the Rights of Indigenous Peoples?

Before I go deeper into this analysis, I want to share what is included in Bill C-61 according to the Government of Canada website. The key elements of the bill include the recognition and affirmation of the inherent right of first nations to self-government, including jurisdiction over water, source water, drinking water, waste water and related infrastructure on, in and under first nation lands; rights-based regulatory pathways to protect water and source water adjacent to first nation lands, in consultation and co-operation with first nations, other federal ministers, and provinces and territories, to help protect drinking water sources flowing onto first nation lands; and minimum national standards for the delivery of drinking water and waste water services on first nation lands, based on first nations choice.

Other key elements include a federal commitment to make best efforts to provide adequate and sustainable funding for water services on first nation lands comparable to services received in non-first nations communities; a requirement to provide funding that, as a minimum, meets the commitment expenditures set out in section 9.02(2) of the settlement agreement; a requirement for all decisions made under the proposed act to be guided by the principle of free, prior and informed consent; and a commitment for Canada to support the creation of a first nations water commission that would support first nations in exercising greater control over drinking water and waste water services on first nation lands.

To go back to my analysis of the continued lack of commitments toward first nations, as well as the impacts this continues to have on indigenous peoples, unfortunately, Bill C-61 falls short on respecting human and indigenous rights. According to an analysis by JFK Law:

Overall, Bill C-61 provides First Nations with a strong foundation to assert control over their water resources and jurisdiction over water occurring on First Nations land. However, the legislation fails to expressly recognize a human right to drinking water or a guarantee for substantive equality for access to water services on and off First Nations lands. Critically, the legislation fails to include provisions for effective source water protection, which is necessary to ensure First Nations have enough clean water flowing onto their lands and territories to meet their needs.

The Federation of Sovereign Indigenous Nations stated, “the first public draft released by Canada in February was developed in secret by Indigenous Services Canada without any direct input from First Nations, a fact that has been raised by the Assembly of First Nations and several regional First Nations organizations over the course of 2023”. Other first nations, such as those represented by treaties 6, 7 and 8 and Neskantaga said early on that they had been kept in the dark about the legislation and did not see it before it was tabled.

I note that, in addition to another bill tabled by the Liberal government, Bill C-38, an act to amend the Indian Act on new registration requirements, Bill C-61 has been introduced on the basis of a court case. In November 2019, legal action was initiated against Canada on behalf of all members of first nations and members resident on reserves that had a drinking water advisory for at least one year since 1995. Terms of the settlement agreement were previously announced on July 30, 2021. While they have been mentioned by others in this House, I repeat that they include the following: $1.5 billion in compensation for individuals deprived of clean drinking water; the creation of a $400 million first nations economic and cultural restoration fund; a renewed commitment to Canada's action plan for the lifting of all long-term drinking water advisories; the creation of a first nations advisory committee on safe drinking water; support for first nations to develop their own safe drinking water bylaws and initiatives; a commitment of at least $6 billion to support reliable access to safe drinking water on reserves; and the planned modernization of Canada's first nations drinking water legislation.

We have heard that Bill C-61 was co-developed with first nations. While I appreciate the effort by the Minister of Indigenous Services, I know that more could have been done. The Assembly of First Nations is an important national first nations organization. However, it does not represent all first nations. There are indigenous nations in Canada that are not represented by AFN. During committee, we will need to ensure that as many first nations as wish to be heard, are heard. As parliamentarians, we must incorporate indigenous ways of working together. We must ensure that first nations people who feel ignored are afforded the opportunity to speak to this bill. In this way, we can make sure that Bill C-61 is improved and truly co-developed.

In 2018, the Assembly of First Nations held an engagement regarding safe drinking water. The concerns shared at the time included a lack of adequate, predictable and sustainable funding; a lack of recognition of indigenous rights; potential infringement of indigenous and treaty rights; a lack of protection of source water; and insufficient engagement on water issues that directly affect first nations. When Bill C-61 goes to committee, it must seek to answer all these concerns.

Bill C-61 requires scrutiny to make sure that inherent treaty rights and human rights obligations are met. As a G7 country, Canada must show that it treats the original inhabitants with the utmost respect.

We have generations of first nations that have grown up without access to tap water. They probably think it is normal to drink bottled water. We have first nations who probably think that it is normal to boil water before it is safe to drink. It is 2024, and we must ensure that first nations do not continue to think it is okay to have to do this in order to drink water.

Bill C-61 requires a lot of work. I hope that we, as parliamentarians, do this work with the lens that first nations have inherent treaty rights and human rights and that we must all do what we can to ensure that their rights are respected.

Indigenous ServicesGovernment Orders

December 11th, 2023 / 10:40 p.m.


See context

Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Chair, Bill C-29 was introduced on the last day of the June 2022 session, which was about the National Day for Truth and Reconciliation. Bill C-38 was introduced on December 14, 2022, and not revisited until 11 months later, again on the last day of a session. Bill C-53 was introduced on the last day of the session in June of 2023, and today we have the introduction of water legislation, not on the last day but the last week of a session.

Does the member believe that the government is serious about its promise to indigenous people when, at the last moment and at the end of the last four sessions of Parliament, the government chooses to introduce indigenous legislation?

Business of the HouseOral Questions

October 19th, 2023 / 3:20 p.m.


See context

Burlington Ontario

Liberal

Karina Gould LiberalLeader of the Government in the House of Commons

Mr. Speaker, I think the hon. member will be very happy with my answer.

I hope that happiness will result in him supporting Bill C‑56 and not just giving a speech about it. The bill is good for Quebeckers and Canadians.

Tomorrow, we will begin second reading debate of Bill C-38, which deals with new registration entitlements. I am sure my colleague is very interested to hear that, on Monday, we will debate Bill C-56, the affordable housing and groceries act. On Tuesday and Wednesday, we will call Bill C-57, the Canada-Ukraine free trade agreement implementation act, which was introduced earlier this week.

Thursday, we will proceed with report stage and third reading of Bill C-34, concerning the Investment Canada Act. I assume that my hon. colleague is very happy with this news, and I look forward to hearing his speech on Monday.