Bill C-38

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

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.

Indian Act

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

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?

[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For too long, the Indian Act has been a source of division and inequality, its outdated provisions casting long shadows over the promise of equity and unity.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.

Business of the House

[Steven MacKinnon, Liberal, Leader 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.

[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.

[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?

National Council for Reconciliation Act

[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 Act

[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 Services

[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?

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Thank you.

I'm going to interject, because I am seriously running out of time. I want to ask one more question before they kick me out of this place today.

This has taken a long time to get here. In my office, we've monitored some indigenous legislation over the last couple of years. You talked about Bill C-29, which was introduced on the last day before the summer break. Bill C-38, which we finally debated last Friday, was introduced on the last day before last Christmas, and 11 months later we're actually debating it in the House of Commons. Bill C-53 was finally introduced on the last day before the summer break in June 2022.

This has taken a long time. I think there were several promises, dates and expectations created for your leaderships by the government.

I'm going to start with you, Michelle. You keep getting cut off by being last, so I'm going to start with you.

Do you want to comment at all on what you think took so long, why it took so long, or why it took until the very last minute, when I know this was promised several times in advance of that?

Indian Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I must say, at this great distance, that I speak to you acknowledging that I am on the territory of the W̱SÁNEĆ peoples, who held this land on the southern Vancouver Island and the islands I represent, whom I have the honour to work with. I try constantly to remember that I am in a nation-to-nation relationship with five different first nations that are on this territory. Although, as the chiefs will always remind me, they are Indian Act nations and, in reality, we are villages within a much-larger nation of the W̱SÁNEĆ nation.

I am deeply honoured to share a working place with the member of Parliament for Nunavut, and I appreciate her voice and leadership more than she knows. I was so disappointed when I read Bill C-38. She confirmed for me my sense that this is so much less than what one should expect at this point.

I was the first member of Parliament, as far as I know, a number of years ago, to call for the repeal of the Indian Act in the House of Commons. I turned to my colleague at the time, Romeo Saganash, to tell him I was about to call for the repeal of the Indian Act. I asked him if he thought that was okay, because I had not consulted with a lot of first nations before I did that. He said that nobody asked them before they passed the legislation, so he thought it was okay.

We have a long road to go. It is not a slow road, and yet the steps being taken by the government are slow and often completely contradictory in terms of reconciliation.

I wanted to express my deep support and gratitude to the member and let her know that, where I can, I will do what she recommends on Bill C-38. It obviously needs—

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, before the Indian Act, first nations, Métis and Inuit thrived and passed on intergenerational love from generation to generation. The Indian Act is an attempt to erase indigenous peoples from the lands we now call Canada.

Bill C-38 is about status. It could have been about addressing discrimination to the fullest extent. I struggle to support Bill C-38, an act to amend the Indian Act. I am conflicted and disappointed to witness yet another form of incremental change proposed by the Liberal government.

As the Indian Act Sex Discrimination Working Group have clearly stated, the United Nations Declaration on the Rights of Indigenous Peoples says indigenous peoples have “the right not to be subjected to forced assimilation or destruction of their culture”. This bill does not meet this minimum standard. For decades, first nations have fought for their rights to be upheld. If Bill C-38 is passed as it is, discrimination against first nations women and their families will continue.

There are two reasons I support getting this bill to committee. Number one, while experts say it does not go far enough, this bill is needed, and number two, the failings of this bill to respect the rights of indigenous peoples will show, through public discourse at committee stage, that amendments are necessary.

Bill C-38 was tabled because of a court case, Nicholas v. Canada. It is not because the government is taking a proactive, co-operative approach to reconciliation. Introducing this bill is the minimum requirement set out in that case. After years of discrimination caused by enfranchisement in the Indian Act, 16 courageous plaintiffs sued the Canadian government in June 2021. They agreed to pause proceedings on the condition that legislation be introduced to address this inequity.

The Liberals' commitment to reconciliation with indigenous peoples is abysmal. If their commitment was real, Bill C-38 would be fulsome. It would have addressed all discriminatory provisions of the Indian Act. Incremental changes are not sufficient to ensure the advancement of indigenous peoples' rights.

I acknowledge that the Indian Act must be abolished. It is a complicated assimilative tool going back generations. The Liberal government has shown that it is not ready to abolish the act. Bill C-38, like previous court cases, makes amendments that are narrow in scope. Future court cases will be imminent if amendments are not made to this bill. Discrimination will be allowed to continue without the ability to seek reparations.

The Liberal government has shown that it is not ready to undertake the full-scale reconciliation needed to adhere to international law as the governing party. The following background will be the tip of an iceberg. All parliamentarians must commit to learning more about the Indian Act and how it continues to implement the genocide of indigenous peoples.

The Indian Act was established in 1867. John A. Macdonald understood the strength of first nations, Inuit and Métis as a threat to his causes. He had to find a way to weaken them. The Indian Act was the tool to continue the process of genocide against the first peoples who thrived on the lands we now call Canada. The Indian Act is a long-ago piece of legislation that was introduced in 1867. The act remains today.

Since its inception, the Indian Act has continued to deny equality for first nations. The Indian Act allows discrimination without justification. The Indian Act denies women status and therefore rights by gaining status. The Indian Act introduced residential schools, created reserves and imposed a band council system. The Indian Act also tells first nations who can have status and who cannot.

Before the creation of bands by this act, indigenous peoples had their own forms of governance. I am thankful for the strength of those who maintained their governance. I am thankful to Inuit elders. I am thankful to hereditary chiefs. I am thankful to the Wet'suwet'en. I am thankful to the Tseeweyhum family and the many others who keep indigenous legal orders alive.

The Canadian government has known about sex-based inequities in the Indian Act for decades. Bill C-31 in 1985, Bill C-3 in 2011 and Bill S-3 in 2017 have attempted to eliminate sex-based inequities. None of these bills worked to the fullest extent; what they did was complicate indigenous identity for some and not for others.

The Indian Act continues to divide indigenous peoples against each other. With each amendment, the Indian Act becomes more complex and confusing to navigate for indigenous peoples. Indeed, I am told by many how confusing it is to know if they have status, how to get status and if their children will be able to get it. They ask, “What are the implications of being removed?”

It is a shame that in 2020, the Minister of Indigenous Services tabled one of three reports after Bill S-3 to amend the Indian Act was passed. The final report made recommendations that are not being addressed in Bill C-38 by the Minister of Indigenous Services today.

As of 2020, there were over 12,000 applications for status still needing review. The special Bill S-3 processing units created in 2016, as of February 2023, have 1,770 files in progress and 3,990 files in the queue. The bill before us would do nothing to address this backlog. First nations are waiting up to 18 months for a decision by Indigenous Services Canada. This is unacceptable.

Bill C-38 would address enfranchisement, deregistration, loss of natal band membership and certain offensive language. These are long-awaited amendments that indigenous peoples have demanded for decades.

Enfranchisement is a particular genocidal policy and a clear example of Canada's attempts to assimilate indigenous peoples. Enfranchisement was either voluntary or involuntary. Women were enfranchised when they married a non-indigenous man between the years of 1869 and 1985. Other examples of enfranchisement included going to university, becoming a doctor or lawyer, working as a minister, seeking to vote and if one sought freedom from residential schools. Amendments introduced in 1985 attempted to remove enfranchisement. Obviously this did not work.

Bill C-38 would still discriminate against women and children who were involuntarily enfranchised. Descendants are unable to transmit entitlement to registration to the same extent as families that were never enfranchised. Those who were enfranchised as a band or collective have no entitlement to register under the Indian Act today.

I will now turn to deregistration, which provides for removing status from membership. There can be any number of reasons to deregister. These provisions would keep the safety of not impacting the children of those who may have deregistered.

The third component of Bill C-38 is on natal band membership. Bill C-38 would provide a legal mechanism to re-affiliate women to their natal bands. This amendment would serve to allow for membership to be reinstated on a band list based on specific conditions. It would address reinstatement of membership for a group of individuals who were originally prevented from being reinstated based on oversight.

Finally, the bill would amend outdated language, which is a small but important step. The offensive language regarding first nations peoples who require dependency on others would be amended. The offending definition of “mentally incompetent Indian” would be replaced with “dependent person”.

Bill C-38 would address these cases, and it is estimated it would impact around 4,000 people. Many more would remain discriminated against.

The Liberals had a chance to remove discrimination from the Indian Act once and for all. Bill C-15, on the United Nations Declaration on the Rights of Indigenous Peoples, became law in Canada. The Liberals had a chance to introduce that bill so that it would be in alignment with international law. Instead, they are introducing more piecemeal legislation. The past court challenges, Descheneaux v. Canada, McIvor v. Canada, and Matson v. Canada, make it clear. The Senate committee on aboriginal peoples makes it clear. The Indian Act Sex Discrimination Working Group makes it clear. So many more make it clear. The Liberal government's pattern of reluctant piecemeal changes in response to litigation is unjust.

There is no justification for Canada to ignore, and indeed infringe on, indigenous people's rights. Parliaments would debate again after the passage of Bill C-38 why it is not okay to keep disrespecting indigenous peoples and infringing on their rights.

Two other major issues not addressed are the second-generation cut-off and the ability to seek reparations. The second-generation cut-off in section 6(2) is not addressed in Bill C-38. This is shocking, given how much attention has been paid to this section in past works. In its Bill S-3 review, the ministry of Indigenous Services Canada reported on it. The Indian Act Sex Discrimination Working Group in its works reported on it. The Senate committee on indigenous peoples reported on it. They all recommended to remove provisions related to the second-generation cut-off.

If bands reject second-generation cut-off, it is because they are not being properly resourced by Indigenous Services Canada to meet the needs of their increasing membership.

Section 6(2) is sexist, and it is problematic. Who a child's mother is, is usually readily apparent. Who the father is, is not always apparent. Whether the father acknowledges his paternity, and this can be counted as the second-status parent for purposes of eligibility for status, is essentially his decision. The two-parent rule continues Canada's program of forced assimilation. Maintenance of the two-parent rule would fulfill the genocidal intention of the Indian Act, getting rid of “the Indian problem”.

Until this rule is amended, hundreds of thousands of indigenous people, mostly women and their descendants, will be discriminated against.

First nations children were robbed of their mothers. First nations children continue to be robbed of their mothers. The current child welfare system continues to separate indigenous peoples from each other. The Liberals say they will consult on second-generation cut-off. Consultation should not be necessary. Discrimination is discrimination. No amount of consultation will result in the justification of it. The government must interpret the rule of law as adhering to international human rights laws and the charter.

We are told by the Liberals that the public portion of this consultation will not begin until 2024. It will be much longer before legislation is drafted and presented before the House again. This tactic to delay is a denial of the rights of indigenous peoples. We should not have to wait for discriminatory provisions to be removed. There is no justification for discrimination to be allowed to continue.

Another form of oppression is preventing indigenous peoples from seeking reparations. Bill C-38 includes specific clauses that will not allow victims of these policies to seek reparation for the discrimination they have experienced. First nations women and children will continue to be harmed, yet they will not be able to seek reparations, even if discrimination is found.

In past bills, there were related provisions legislating that governments are not liable for harms done under the act. Persons are prevented from seeking claims against the government for discrimination caused by the implementation of the Indian Act.

These injustices remain in Bill C-38. According to human rights laws, Canadians are allowed to seek reparations. Why can first nations not do so?

Bill C-38 is a flawed proposal. While it addresses some injustices in the Indian Act, discrimination against first nations would continue. Bill C-38 continues the Liberal incremental approach to reconciliation.

The Liberals' interpretation of Nicholas v. Canada is about status. Bill C-38 must not just be about status; it must be about addressing discrimination and violations of basic human rights. It must be about reconciliation.

I ask this again: Why is it that when Canadians experience human rights violations, they are allowed to seek reparations, when first nations are not?

I hope that Bill C-38 can be salvaged. I hope that, at committee, we hear from experts explaining why improvements must be sought to ensure that first nations' rights are on par with Canadian human rights.

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

Mr. Speaker, what I am wondering, and what I want to ask the Bloc Québécois member, is why the Liberals took so long to move second reading of the bill. They introduced Bill C‑38 a year ago.

Why are they dragging their feet on this matter? Does this suggest a lack of sincerity and enthusiasm when it comes to indigenous relations? Can my colleague comment on that?

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I appreciate the many examples the member brought forward when talking about the real need. I think they amplify the importance of Bill C-38.

I know from personal experience in dealing with constituents, in particular a very good, dear friend of mine, Mr. Chartrand, that we have been trying as much as possible to make sure there is some justice in regard to someone getting registered and being identified by their heritage. It has caused a great deal of frustration.

I am wondering if the member could provide his thoughts on that. It is important to recognize, as we move forward, that leadership has to be driven from indigenous communities. This is an important aspect, and we have to ensure that we turn to that leadership to make sure we are getting this right. Would the member agree?

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

Mr. Speaker, I am pleased to rise today to speak to Bill C‑38, an act to amend the Indian Act, which corrects serious mistakes committed in the past regarding the status of many first nations members.

Today, I speak on behalf of the Bloc Québécois, but also as a member of the Huron‑Wendat Nation. First, let me say one thing: The Indian Act is a colonial law that introduced a system of domination and ghettoization. Its very name is just as racist as the N-word can be. I cringe whenever I see the word “Indian” on my status card. Cosmetic or vocabulary changes do nothing to fix the fact that this is a law on ghettos. This law was put in place by a conqueror in order to park people on reserves. It is a throwback to British colonialism and a culture that became woven into English Canadian colonialism. The Indian Act must be abolished and replaced by a new, respectful regime founded on a dialogue between nations. International relations begin at home.

Be that as it may, although it merely amends the scandalous Indian Act, the bill before us today remains incredibly relevant. The spirit of Bill C‑38 stands as a sentinel against the injustices perpetrated by the Indian Act, which continues to cast long shadows, even into present-day Canada. It courageously tackles the evils that continue to impede deregistration, enfranchisement and reaffiliation with the natal band, despite multiple attempts at amendment. This noble bill embodies a common quest and a never-ending conversation with the indigenous nations that stretch across our vast land. No fewer than 50 virtual sessions, held from August to December 2022, enabled first nations, indigenous organizations and all those concerned to engage in dialogue and express themselves.

The government anticipates that close to 3,500 individuals will be granted the right to registration as a result of these legislative amendments, thus opening a door towards the righting of many historical wrongs. This bill, like a small breath of fresh air, offers thousands of Canadians of indigenous lineage the chance to reconnect with their cultural heritage. It gives them access to the rights rooted in Indian status in Canada, but goes far beyond that, by allowing them to fully reclaim their identity.

It is worth recalling that prior to 1985, enfranchisement was a sinister assimilation policy under the Indian Act. Under this vile legislation, first nations individuals lost their entitlement to registration as well as membership in their home communities. Enfranchisement could be voluntary, but the government could also impose enfranchisement on individuals, either by virtue of their profession or because they had been residing outside of Canada for five years. When men were enfranchised, their wives and children were automatically enfranchised. This led to entire families and their descendants losing entitlement to registration, membership in their communities, and any associated benefits under the Indian Act.

In 1985, Bill C‑31 created new categories under section 6 of the act for determining eligibility for registration, which restored access to registration for a large number of people and their first-generation descendants. As part of these changes, the emancipation process was eliminated from the act, and people who had already been voluntarily or involuntarily emancipated could request that their registration be restored. Although the provisions of the Indian Act regarding registration and membership were amended in 2011 through Bill C‑3 on gender equity in Indian registration and in 2017 through the passage of Bill S‑3, An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général), these legislative reforms focused mainly on eliminating gender inequities in the registration process.

However, other injustices rooted in the grim past of emancipation are insidiously persistent. The descendants of those who were at one time subject to emancipation are still unable to pass on their right to registration in the same way as those who were not affected by this measure. Similarly, those who were subject to emancipation as a member of a band or community continue to be excluded from registration today.

The introduction of Bill C-38 offers the promise of better days ahead. After it is passed, many people will be in a different registration category and others will be newly eligible for registration. What is more, if the problems of individual and collective enfranchisement are resolved, nearly 3,500 people will be given the invaluable access to registration.

Right now, the Indian Act does not provide for the possibility of voluntary deregistration at the specific request of the interested parties. However, thanks to the proposed amendments, it will be possible for a person to have their name removed from the Indian register for various reasons, such as wanting to join indigenous tribes in the U.S. that do not allow those registered under the Indian Act to enrol; wanting to identify as Métis; deciding to no longer be recognized on the federal Indian register; or withdrawing consent to be registered as an adult, for those whose parents registered them as children.

Mercifully, Bill C‑38 will guarantee that, when a person has their name removed from the register, they will still legally retain their entitlement to be registered under the Indian Act, the right to be registered again in the future, and the right to transmit this precious birthright to their descendants.

For some individuals, deregistration is vital because it is a matter of having control over their own identity. For others, it is a barrier to gaining membership in other indigenous groups, like Métis, if they have mixed ancestry. This has long hindered many people from accessing important services and benefits they should be entitled to through a group they wish to identify with.

For example, Métis lose their right to Métis membership if they are registered under the Indian Act. Bill C‑38 will provide individuals with the right and ability to have their names removed from the Indian register. Once deregistered, the individual will not have the right to access any programs, services, settlements or benefits associated with Indian Act registration. Even if the individual later seeks to be re-registered, that individual will have no retroactive claim to any such benefits for the period in which they were deregistered. However, any individual who opts to deregister will retain their entitlement to registration under the Indian Act, including the ability to regain their status in the future.

When a woman who is registered under the Indian Act is a member of the band that she was born into, in other words, either the mother's or father's band, this is referred to as being a member of her natal band. If passed, Bill C‑38 would recognize the acquired rights of all first nations to membership with their natal band. This bill would provide a legal framework to re-affiliate women and their descendants to their natal bands who were automatically moved to their husbands' band list upon marriage. Bill C‑38 provides a valuable opportunity to re-establish important cultural and community connections for first nations women and their families.

Since this bill is intended as a response to historical wrongs perpetrated by Ottawa and its racist, sexist legislation that discriminates against indigenous people, it is imperative to remain vigilant to ensure that this bill does not itself become an indirect instrument of assimilation and cultural erasure of indigenous people by allowing overly broad access to their recognized Indian status for those unfamiliar with indigenous cultures.

Luckily, the limited yet still significant scope of individuals who will now be eligible does not seem to pose a threat of diluting indigenous identity, as once provided for in the Indian Act, along with ethnocide. The indigenous groups that the Bloc Québécois consulted did not seem consider that an imminent risk. However, we will remain watchful.

It is imperative that this bill be considered in its entirety, with careful attention paid to its consequences and impacts, to ensure that it truly rectifies past wrongs while respecting the rights and identity of indigenous peoples.

From the 19th century on, women and their descendants have been the victims of blatant gender discrimination when it comes to registration and band membership.

In 1869, with the passage of the Gradual Enfranchisement Act, the definition of “Indian” was no longer based on first nations kinship and community ties. The act was deliberately designed to remove families headed by a non-Indian man from first nations communities by building on the predominance of men over women and children. The 1869 law also included a provision concerning interracial marriages. Known as the “marrying out rule”, it was retained in the first Indian Act of 1876. This rule removed entitlement to registration from Indian women who married non-Indian men, while granting entitlement to non-Indian women who married Indian men. In addition, children of entitled men who married non-Indian women became entitled under the Indian Act, while children of women who “married out” were no longer entitled. This is clearly a flagrant inequality.

In 1951, important amendments were made to registration, namely, the creation of a centralized Indian register. Later, other amendments further reinforced the discrimination against women and their descendants, especially the double mother rule. Gender discrimination in the Indian Act was challenged under national and international human rights legislation, which brought to light the fact that women were excluded from first nations communities and were being deprived of the ability to retain their indigenous identity in the eyes of Canadian law.

For decades, indigenous women fought for their rights in court, challenging the patriarchal provisions of the Indian Act. In the 1960s and 1970s, women like Jeanette Lavell from the Wikwemikong nation, Yvonne Bedard from the Six Nations of the Grand River, elder and advocate Mary Two‑Axe Earley from the Kanien'kehà:ka nation, and Senator Sandra Lovelace Nicholas from the Malecite nation took legal action to fight the Indian Act's discrimination against women and their descendants. These courageous women paved the way to reform and justice and thus helped to advance the cause of indigenous women's rights and to fight the systemic injustice that has long marked the history of the Indian Act.

The chief commissioner of the National Inquiry into Missing and Murdered Indigenous Women and Girls, Marion Buller, said the following after tabling the more than 2000-page report:

Despite their different circumstances and backgrounds, all of the missing and murdered are connected by economic, social and political marginalization, racism, and misogyny woven into the fabric of Canadian society.

As much as indigenous communities need to rebuild, Quebeckers and Canadians need to become aware of the collective trauma experienced by these communities, understand it, and ensure that nothing this disgraceful ever happens again. Quebec Native Women had this to say:

[In the case of many of the missing or murdered women] [o]ne might claim that the person responsible for [their] death is the one who gave [them] the beating that led to [their] passing. In fact, this interpretation was favored by former Canadian Prime Minister Stephen Harper when he insisted on the criminal, as opposed to sociological, nature of the murders of Indigenous women in the country (La Presse Canadienne, 2014)...Beyond the single act of violence perpetrated by one person against another, it is the accumulation of each of the above-mentioned acts of violence that led to [their] death.

According to Viviane Michel, a former president of Quebec Native Women, it is essential that indigenous women, families and communities have the opportunity to be heard as part of any inquiry. She also said that understanding the deep roots underlying the systemic discrimination faced by indigenous women is crucial to ensuring their dignity and safety.

In listening to the testimony of indigenous women, Quebec Native Women counted four types of violence.

The first type of violence is structural violence. This all-encompassing form of violence refers to the systemic effects of policies of erasure and assimilation since at least the middle of the 19th century. The Indian Act is the quintessential example of a system that governs all areas of the lives of first nations people, including political, economic, social, legal and cultural.

The second type of violence is institutional violence. This second form of violence, which necessarily flows from the first, has more to do with the repercussions associated with specific institutional regimes, whether in education, health or public safety. The residential school system is a prime example. Not only did this violence manifest itself in the lives of residential school survivors, but its consequences have spanned generations and have permanently altered the life trajectories of thousands of children by insinuating themselves into every aspect of their existence.

The third type of violence is family violence. This expression is frequently used in an indigenous context to emphasize the fact that violence affects not only couples, but also the children and potentially other people connected to the family.

The fourth and final type of violence is personal violence, which includes instances of physical violence, psychological manipulation and financial control, to name but a few. It involves individuals.

In their descriptions of the encounters, the families and survivors who spoke to the National Inquiry into Missing and Murdered Indigenous Women and Girls all linked their experiences to colonialism, in its historical or modern form, through one or other of four main factors: historical, multigenerational or intergenerational trauma; social and economic marginalization; maintaining the status quo and institutional lack of will; ignoring the agency and expertise of indigenous women and girls.

The trauma of Canada's indigenous people is both individual and collective. Expert witness Amy Bombay's testimony at the child and family welfare hearing highlighted the importance of the concept of historical trauma to speak to what she called the cumulative emotional and psychological wounding that happens over the lifespan and across generations, emanating from massive group trauma experiences.

It is the response to this trauma that perpetuates this colonialist legacy, which has become embedded in all of Canada's indigenous cultures through no fault of their own. This response, which can take the form of various social problems, is always aimed at surviving this trauma. Throughout history, the Canadian government and the clergy planned the collective trauma with the ultimate goal of driving all indigenous communities to extinction. Those communities have since been left to deal with the consequences alone. One day, Canada will have to confront this reality.

We have a duty to remember precisely because the past determines our present and future. However, this duty to remember only makes sense in this case if we learn from the past. If we, like the Prime Minister of Canada, get used to shedding crocodile tears and settling for continuing under the Indian Act, then our collective duty to remember will be in vain. We need to build a new system, ideally an independent republic of Quebec, based on a new, respectful dialogue with all nations. That is what the Bloc Québécois is advocating for.

Tiawenhk.

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.

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, it is always a pleasure to stand up to speak on behalf of the people who I serve, but one of the things that we do not do in this place is recognize the people who serve us behind the scenes. I want to take a minute today to acknowledge my team, who work tirelessly, without recognition often, to serve not only the people in the House, members of Parliament like myself, but also the people who we represent, in my case specifically those from northern Saskatchewan. I want to take a minute to recognize Linnae and Emalie, who work with me here in Ottawa, and Dion, Hunter and Cindy, who are back in the riding. I want to make sure they know that they are appreciated for the work they do in serving the people that we get to serve.

With those comments out of the way, let us talk about Bill C-38 for a few minutes. I appreciate the opportunity that my colleague has presented to me to speak on this very important bill.

Bill C-38 is an act that amends the Indian Act to address four separate matters, which we have already heard about from the members who spoke already, but I am going to hit on these just for a few minutes.

First, it addresses the gendered inequity issues that were a result of enfranchisement. I am going to speak a little bit more about that in a few minutes. We have already heard as well that it addresses the issue of natal band reaffiliation. If passed, this legislation would allow women to affiliate with their natal band, or the band they came from before having been forced to change to their husband's band if they were married before 1985.

We have heard about the opportunity through application to deregister from the Indian registry. There is a number of reasons why people might want to do that. I am not going to get into the details of that. Finally, we have heard the conversation already today around replacing offensive and outdated language so that no individual under the act is referred to using any kind of discriminatory or offensive language. That, I think we would say, is a very good thing.

As has been mentioned as well, Bill C-38 is the continuation of a series of fixes, fixes that began in 1985 under then prime minister Brian Mulroney, some fixes that carried on in 2011 under then Prime Minister Harper, and finally, Bill S-3, which took from 2017 to 2019 through the Senate bill to make some progress on this.

Each of these pieces of legislation addressed various matters of gender-based discrimination in the act. While it is important to note that we support amendments to ensure that no federal legislation, including the Indian Act, has any discriminatory components to it, we must recognize that these amendments are just that, changes to existing legislation that supports the maintenance of the status quo, a status quo that perpetuates control over first nations people across our country. We cannot simply reverse the damage that these outdated laws have had, but what we can do is to move forward in support of first nations people on their journey to self-determination. Conservatives seek to ensure that we are making positive strides towards truth and reconciliation, and we know how important it is to hold open and honest discussions in doing so.

Since I only have 10 minutes here, I want to spend some time talking about enfranchisement. We have done a bit of that already, but I want to flesh it out a little bit as well.

For those who may not be familiar with the term, enfranchisement was a policy prior to 1985 that terminated an individual's right to be considered as a first nations person or have status under the Indian Act. As the parliamentary secretary, my colleague from Kenora, already identified, this could be done voluntarily or it could be done involuntarily. When we think of involuntary registration, as mentioned, it could be because they received a university degree, joined the medical or legal professions, married a non-Indian man or became a priest or a minister.

We have heard as well that there were a number of reasons for voluntary enfranchisement, although we use the term “voluntary” in this case when it does not seem like it was really of their own free will. Rather, other factors forced it upon them. Some, as already identified, gave up their status for the sole purpose of preventing their children from having to attend residential schools. World War II veterans voluntarily enfranchised to obtain the same essential benefits that other non-status veterans were provided. Some did so just to have the right to vote.

If we look at those examples of voluntary enfranchisement, it does not really seem like it was a matter of personal choice but maybe more a sacrifice of rights, or something that they were forced into, to protect members of their family or others.

Bill C-38 seeks to address some remaining gender-based inequities that were a result of this unequal reinstatement of status in 1985. In short, women who were enfranchised and later reinstated were placed in a different category than men in the same circumstances. Because of this, first nations women could not pass down status or rights to the same number of generations as first nations men could. This is something that this bill addresses. It has a ripple effect because it affects the descendants of these people as well.

I would like to encourage members of the House to talk to people and hear their stories. We have heard a couple already today, but they should talk to the people who have been affected by enfranchisement. I have heard many of these, and I am going to quickly share one story.

My team and I met with a Professor Karl Hele, a member of Garden River First Nation and a professor in Canadian indigenous studies. His personal experience with enfranchisement is not unfamiliar to many others. His mother and many other women in their community were targeted and coerced by an Indian agent to voluntarily enfranchise. This resulted in an unfair exclusion of their rights and those of her descendants.

To access his child's rights, Professor Hele had no other choice but to pursue legal action, which came at a hefty cost, both in time and resources, which is an option that many people do not have. This case highlights how the Indian Act gatekeepers have historically been, and continue to be, much of the problem.

It is little wonder that first nations people in Canada feel there is an Ottawa-led system, which feels broken. We need to fix it. I believe we need to acknowledge, despite amending the act, there still needs to be a change in how first nations issues are approached. This means acknowledging the failure in the cumbersome bureaucracy that is meant to support first nations, but instead often creates significant barriers.

The population of my riding is over 70% indigenous, and my team deals with the endless frustrations of individuals trying to either access their right to status, respond to other requests of maybe a financial nature or even access appropriate health services. Our office has been dealing with one individual who has been denied status time and time again. However, the bigger issue is not the denial of status, but that this individual has been given a variety of excuses for the denial, which contrast with their family story, and where other members of the family have been granted status under the same circumstances.

It seems as though this case has been passed around the department without a care or concern for the provision of an honest answer. That is unacceptable. In one of the calls with my office, this gentleman finally expressed his frustration and disappointment, and that he is going to give up because he believes he is going to die before this ever gets resolved. That is a very sad story.

What this story tells us is that we cannot accept simple amendments to the Indian Act as a means to an end. We can reshape the tool as many times as we like, but if we do not fix the mechanism, there will never be a fix for the problem.

Our Conservative team is determined to address this problem. In fact, we are proposing steps to do that. My friend from Kenora has already addressed one of those, in relation to our leader proposing the first nations resource charge and our plan for that.

The goal of the federal government should be to work with indigenous leadership to put the control of their communities back into their hands. While the hope for Bill C-38 is to address this to some degree and to respond to a constitutional challenge on enfranchisement, it is merely a small step in the long journey to self-determination.

We have a lot of work to do, and as Canada moves forward on eliminating the Indian Act, the “Ottawa knows best” mentality has got to go.

It is imperative that we recognize the rights and freedoms of first nations people across our country. They know what is good for them. They know what needs to be done. They have already taken many of the steps necessary by investing in projects and businesses, and creating prosperity and employment. They are focused on increasing capacity, and they are generating opportunities that will pay dividends for generations to come.

It is important that the government no longer stands in their way, and that we ensure that first nations are the decision-makers controlling their own destiny. We recognize that this is the only way forward, and although it will have its challenges, Conservatives are not afraid of a challenge.

In closing, let me simply say, under the leadership of a Conservative government, I would be very hopeful for the future of our first nations people across this country. I am personally very eager to see meaningful change.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I regret that I have to put this question to the parliamentary secretary.

We speak of reconciliation, and today we are debating a baby step in Bill C-38 and, to add to the adjectives used by the hon. member for Timmins—James Bay, the racist law. However, the actual day of statutory recognition of the day for reconciliation, October 2, was the day the Liberal-owned, and now publicly owned, TMX pipeline began constructing open-trench construction through the most sacred area of the Stk’emlupsemc te Secwepemc nation in the area called Pipsell, which TMX had pledged it would not disturb. That was on the day that we observed reconciliation. It made a mockery of reconciliation as it made a mockery of the Liberals' commitment to climate.

I wonder whether the parliamentary secretary discusses that with her caucus.

[Martin Champoux, Bloc, Drummond, QC]

Mr. Speaker, I thank my colleague from Fredericton for her speech and her position on Bill C‑38.

Obviously we are in favour of the principle of the bill, but I am still uncomfortable when bills on indigenous issues are introduced because I find it will only result in some sort of band-aid solution.

The government is trying to fix something that was done on a fundamentally bad foundation. The title itself, “Indian Act”, is repulsive. I find that the federal government tends to take a paternalistic approach to the first nations and that always makes me uncomfortable.

Should we not, for once and for all, rip up the old Indian Act and truly redo the agreements with the first nations, agreements that are created and developed nation to nation and not with someone who has a colonizer attitude draped in virtue?

[Gary Vidal, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, it is an important piece of legislation.

I would like to identify some of the time frames we see around indigenous legislation. Let us go back a couple of years to when Bill C-29 was introduced on June 22, the second-last day of the parliamentary session in 2022. Bill C-38, which we are talking about today, was introduced on December 14. We are now 11 months down the road and are finally starting to debate this very important piece of legislation. Bill C-53 was introduced on June 21, 2023, the very last day of the parliamentary session. In our office, we have a running comment about how we address indigenous legislation from the government: It is the “last-minute Liberals”. They are doing it at the last minute all the time.

The parliamentary secretary identified that there are some issues that still need to be dealt with. She identified the second-generation cut. There are several others that are identified in the engagement kit presented by this bill. If it was going to take 11 months to actually get this bill to the floor to debate, can she identify why we did not solve some of the other issues at the same time so we could speed up this process and solve some of the challenges she identified?

[Jenica Atwin, Liberal, Fredericton, NB]

Mr. Speaker, I struggle a lot being in this place and talking about these things because, inevitably, we are in a colonial structure. The Department of Indigenous Services remains a part of that colonial structure.

Being the parliamentary secretary, I have made a commitment to do all I can to improve service delivery, to improve the nation-to-nation relationship, and to ensure that indigenous voices are the ones guiding all that we do. There is extensive consultation happening. There is commitment from all parties, which is really momentous here in Canada. We see that we have consensus about moving forward and what it is going to take to truly achieve that reconciliation. This is a piece in a series of legislation that we are working on to address these wrongs. It is incumbent upon all of us to recognize some of the history that led us here and to peel back those layers. That is really what this process is all about.

I am really proud to be part of Bill C-38. I highlighted some of the specific individuals who would be impacted by this in a positive way. However, once again, I highlight that there is so much more work to do. I am absolutely committed to doing that, and I know that the member is as well.

[Jenica Atwin, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Mr. Speaker, kwe kwe. Ullukkut. Tansi.

I am honoured to be speaking today in Canada's Parliament, situated on the traditional lands of the Anishinabe Algonquin people, on an incredibly important bill on behalf of the hon. Minister of Indigenous Services Canada, as her parliamentary secretary.

I represent the people of Fredericton, an unceded Wolastoqiyik territory, the people of the beautiful and bountiful river, as well as my family, my husband and my two children, who are also Wolastoqiyik and status Indians under the Indian Act.

For over a century, Canada passed laws and introduced policy with the express goal of expropriating land using tools that ripped apart families and attempted to destroy culture, language, tradition and identity. The Indian Act essentially reduced first nations identity to status and then used this status to strip away access to what most would consider the bare necessities. Sex-based and other forms of discrimination were used to segregate and assimilate, with the ultimate goal of removing indigenous identity or ending the “Indian problem”.

Today, I am speaking directly to the descendants and elders of those wronged. Despite these repeated and oppressive measures, they persisted. They were resilient. They retained their culture and language. Identity is not a status the government gives, but a way of life and a feeling of love and belonging. It is a way of seeing the world.

It is thus fitting that we rise today to discuss an incredibly important bill that would advance reconciliation and do what is necessary to fix some of what was broken right here in this place through previous pieces of legislation. I am incredibly honoured to have the opportunity to be a part of this process.

To peel back the layers of our colonial history to right the wrongs is exactly why I ran for federal politics. I ran for my kids and their home community of Welamukotuk, a good place to fish. I ran for my students: for Justice, [Member spoke in Wolastoqiyik], I wish Justice a happy birthday, and for Desiree, Brianna, Kitarra, Chrystal, Amber, Bailey and so many more. I ran for my former boss, Bob Atwin, at First Nation Education Initiative. I ran for Billy at Sitansisk and for all Wabanaki nations. Sometimes this place feels very far away from home, but I feel them with me today in this chamber.

We have heard from our partners and we have heard from Canadians. Identity is something that one cannot give or take, but something inherently ours. We are putting the power to determine this identity back in the hands of those who should have always had the power over it. The bill before us today would make important progress by addressing several major inequities in the Indian Act and by responding to long-standing concerns raised directly by first nations about the registration and band membership provisions of the act.

More specifically, this bill proposes to address four key issues. First, it would address the legacy impacts of enfranchisement and help more first nations regain their status. Second, it would return autonomy to registered first nations by allowing them to take their names off the Indian register. Third, it would recognize the rights of all first nations individuals to their natal band membership, ensuring women can maintain critical connections to their home communities. Finally, it would eliminate stigmatizing language about first nations persons with disabilities that is currently part of the Indian Act. If passed, this bill would help return agency to the first nations families that lost their status in this colonial process called enfranchisement.

The minister promised to address these long-standing issues and in December 2022, she introduced this bill and followed through on that promise. The legislators of the past put these harmful policies in place, setting in motion the pain that so many families still feel today, but we are the legislators of a new time, one that reflects an honesty of history and a true commitment to a Canada that lives up to the promises and commitments our predecessors made in treaties and other agreements. Reconciliation is a process. It requires a deep collective commitment to the truth and to action.

Although the Indian Act itself is an inherent problem and partners across this land agree it is a tool of colonialism, many indigenous peoples, leaders and nations see that those approaches to ending this tool of oppression requires steady, honest transfer of control over the delivery of programs and services back to first nations, Inuit and Métis peoples. This proposed legislation is a step in the right direction. It addresses the most foundational element of reconciliation, and that is self-determination.

The people at home might be asking why we are proposing these changes at all, why we cannot just get rid of the Indian Act with its discriminatory title altogether. The Indian Act is archaic, it is paternalistic, it is rooted in racism and Canada must continue to work toward its end. This work is, in fact, a major part of the mandate for the Minister of Indigenous Services.

The last number of years, we have engaged extensively with first nations on the best ways to move away from the Indian Act and protect the rights of people at the same time. We have made significant progress in developing successful alternatives to the Indian Act for first nations in relation to land management. We will continue to work with partners to transfer control and stand up self-determined policies and programs.

In the meantime, thousands of first nations people continue to face discrimination under the Indian Act. The amendments we are proposing in this bill reflect policy first nations have been calling for the federal government to adopt for many years. Past amendments have not addressed these wrongs.

In 2012, through a formal exploratory process, options for reform were studied with first nations and indigenous partners who represent non-status first nations. The study concluded Canada should work with first nations to proactively address the issues with registration and membership under the Indian Act.

In 2018 and 2019, the same themes arose during discussions with more representatives from 200 first nations, who told us that Canada must address these issues and fix inequities in registration and citizenship. What is more, first nations and indigenous partners who represent non-status first nations have told us that addressing the existing issues with the Indian Act must happen before communities can regain full control and jurisdiction over membership, registration and citizenship. In other words, partners told us that passing this bill is a necessary step on our path toward restoring full control of membership and community function to indigenous peoples.

This legislation is not proposed unilaterally by the federal government. The solutions proposed in this legislation represent amendments to the act that indigenous peoples have told us are necessary to move past the act and reclaim their sovereignty from colonial systems.

The first, and most significant, amendment we are proposing to this bill addresses the discrimination caused by a family history of enfranchisement. Members will recall enfranchisement was a policy used with the expressed purpose to eradicate indigenous culture and assimilate first nations people.

Just a few examples will give all Canadians a better idea of how enfranchisement was used to segregate and tear first nations families apart. 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 keep their children out of residential schools. This last mention should highlight for all just how painful this legacy has been for some.

For some, enfranchisement was involuntary and happened when first nations achieved professional status like becoming a doctor or a lawyer. For others, it was voluntary, by application, severing talented professionals from their heritage. I use the word “voluntary” reluctantly as this was not a real choice. Imagine having to choose between keeping one's connection to one's community and protecting one's children from residential institutions. It is an impossible decision, but it is one the Government of Canada forced many first nations parents to make.

With these false choices, it is no wonder so many people forfeited their status. I have heard many stories from parents who gave up their status without a second thought to spare their children from the same unthinkable traumas and abuse they faced at residential institutions.

With her permission, I can share the story of Kathryn Fournier, who is here with us today, the stories of her grandfather, Maurice Sanderson, a residential school survivor from Pinaymootang First Nation in Manitoba.

Because of provisions in the Indian Act, he was not able to vote or own property unless he enfranchised, meaning he had to give up his right to Indian Act status. In 1922, Maurice made what Kathryn describes as a “strange and difficult choice”. He applied to enfranchise in order to have the same basic rights as other Canadian citizens. As a result, his wife and children were automatically enfranchised as well. Kathryn put it this way, “He made a very difficult choice that shouldn't have been imposed on him in the first place.”

Kathryn's grandfather's and grandmother's assimilation under the policy of enfranchisement may have provided them with some of the rights of Canadian citizenship, but today, generations later, the ripple effects of that policy continue to have negative impacts. The way historic policy erased connection to ancestry and culture continues to be felt. The process of enfranchisement was a deliberate effort by the federal government to colonize and to decrease the numbers of indigenous people who had rights.

Following a pattern of coercion and deception, this proposed legislation continues on Canada's journey to address and amend those decisions of the past that have hurt so many families. Over the last few decades, the government has been trying to reverse these policies by restoring status to first nations who lost it.

In 1985, the government acknowledged enfranchisement was a discriminatory policy, and it was removed from the Indian Act with the introduction of Bill C-31, an act to amend the Indian Act. At this point, people who had been enfranchised could reclaim their status.

The inequity we seek to remedy today is the inability for those with a family history of enfranchisement to transmit status to descendants in the same way that those without an history of enfranchisement are able to.

I ask the hon. members here today: should the family members and descendants of these people continue to be penalized? It is clear that enfranchisement is discriminatory and we need to eliminate all of its residual impacts. To do so, it is proposed that section 6(1)(d) and 6(1)(e) of the Indian Act be repealed.

Individuals currently registered under these categories will have their registration category amended to a 6(1)(a.1) if they were the individual who was enfranchised and (a.3) if they were the child or descendant of the individual who was enfranchised.

The amendment on enfranchisement addresses the concerns brought forward by the Nicholas civil action lawsuit and it will fulfill the recommendations on this issue heard during previous broad engagements. I am proud to acknowledge that Ms. Mary Sandra Lovelace Nicholas is Wolastoqiyik from Tobique (Neqotkuk) First Nation. We are grateful for her courage and trail-blazing as a fellow New Brunswicker.

The second inequity addressed by Bill C-38 concerns the ability for individuals to remove their names from the Indian register. The Indian register is the official record of people registered under the Indian Act in Canada. It is maintained and managed by the Indian registrar, part of Indigenous Services Canada, and exists to determine who is registered under the act and entitled to programs and funding across federal and provincial governments, for example, on-reserve housing, non-insured health benefits, education or tax exemptions.

However, there is a major gap in the authorities of the registrar. While they can add names to the Indian register, they have no formal legal authority to remove the names of registered individuals even when the individuals request deregistration. This is an issue that first nations have called on Canada to address and today, with this, we are doing just that.

For some, deregistration is a matter of having control over their own identity. For others, it is a barrier to gaining membership to other indigenous groups. This has prevented a number of people from accessing important services and benefits through a group they wish to identify with that they should be entitled to.

To fix this issue, this legislation will provide individuals with the right and ability to have their names removed from the Indian register.

That said, individuals who deregister will still be eligible to re-register and their decision to deregister will have no impact on their or their descendants' entitlement under the Indian Act.

This means that the children of deregistered individuals would still be entitled to status. It can only be done at the request of the individuals and protections will be made to ensure that it is not used with mal-intent.

In the spirit of reconciliation, the implementation of this amendment will be co-developed with indigenous partners, to ensure that the needs of all impacted groups are well served.

Bill C-38 also addresses a sex-based inequity related to band membership provisions. Bill S-3 received royal assent in 2017 and eliminated known sex-based inequities in the registration provisions of the Indian Act.

Because of the limited scope of that mandate, however, we were not able to address these sex-based inequities in band membership. This inequity arises from the fact that, until 1985, first nations women who married first nations men from a different nation were automatically transferred to their husband's band list.

While these women did not lose their entitlement to registration, they did lose connection to and membership in their natal band, along with any associated treaty rights, benefits, settlements and services. These women were automatically disconnected from their home communities even if they may have wanted to restore their social and cultural connection to their natal band.

The bill we are proposing today will amend the Indian Act to allow first nations women to seek re-affiliation and membership with their natal bands. This is significant. Supporting and empowering indigenous women is key to supporting indigenous communities, tradition, language and culture as a whole.

The final amendment in Bill C-38 addresses some outdated and offensive language that still remains in the Indian Act today. The act refers to “mentally incompetent Indian”. It is obvious that this term is outdated, offensive and stigmatizing.

Bill C-38 would replace this term with the updated term “dependent person”. This amendment is a logical step forward and would align the Indian Act with developments in capacity and guardianship law over the last 50 years.

In summary, amendments proposed in this legislation would fix four long-standing issues in registration and membership under the Indian Act relating to enfranchisement, individual deregistration, natal band membership and some outdated and offensive language in the Indian Act.

If all enfranchisement issues are addressed, approximately 3,500 people could be newly eligible for registration with these amendments.

These proposed changes represent significant and meaningful action to the affected people and their families. They also demonstrate to indigenous peoples a steady and forward movement by Canada to make amends to the many ways colonial laws and actions intentionally harmed them and their communities.

Even with these proposed changes, there is still much more work to do. Ahead of us, we have the work of undoing the racist policies reflected in the Indian Act, including those related to the second-generation cut-off.

We are engaging with partners so we can continue to explore how to move forward on this deeply personal issue. Indigenous identity must be determined by indigenous individuals, full stop. It is our responsibility to proactively right historic wrongs and make the changes asked of us by first nations and indigenous partners who represent non-status first nations. This bill would right some of those wrongs.

It is in this way, working together in good faith, that we would advance reconciliation and support a renewed relationship between Canada and first nations, one not marred by the paternalism and control of the Indian Act, but one based on rights, respect, co-operation and true partnership. Woliwon.

[Marie-Claude Bibeau, Liberal, Compton—Stanstead, QC]

moved that Bill C‑38, An Act to amend the Indian Act (new registration entitlements), be read the second time and referred to a committee.

Business of the House

[Karina Gould, Liberal, Leader 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.

Indian Act

[Patty Hajdu, Liberal, Minister of Indigenous Services and Minister responsible for the Federal Economic Development Agency for Northern Ontario]

moved for leave to introduce Bill C‑38, An Act to amend the Indian Act (new registration entitlements).

(Motions deemed adopted, bill read the first time and printed)