Bill C-53

Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act

An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts

This enactment provides for the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan and provides a framework for the implementation of treaties entered into by those Métis governments and the Government of Canada. Finally, it makes consequential amendments to other Acts.

[Margaret Froh]

Sure, and thank you very much, honourable member, for the question.

It ties into many of the questions that have been asked today. I think there are a lot of people within Canada who don't understand who we are as a people, which is why we're doing the work that we're doing.

You're exactly right: Our people emerged, and we emerged, as a new people in these communities that were distinct, that stood apart from their first nations relatives, that stood apart from their European ancestors as well, and that's exactly why we are recognized as one of the aboriginal peoples in section 35. That distinctness of language, culture and traditions in distinct communities that actually asserted themselves as distinct communities is a part of the beautiful and rich history of the Métis, and again, exactly why it is that we are recognized as a distinct people.

It's not at all about mixed ancestry. I think that's a common belief, but it doesn't capture the reality that we emerged as a distinct people, and that is why we're here today. That's what Bill C-53 is all about. It's recognizing that.

Marsi.

[Margaret Froh]

Thank you for the question.

I completely agree with Vice-President LeClair.

I think this is an incredibly important part of the bill: recognition of our governments as indigenous governing bodies. Give us the tools we need to utilize Bill C-92, if we need them. That is critically important.

I think she has done a beautiful job talking about the impact of many different colonial policies. The sixties scoop isn't just from the 1960s. There is a child welfare industry, and our Métis children are very much impacted by this. Bill C-53 recognizes our government's right to take care of our own children.

[Margaret Froh]

Thank you for the question.

There are some who are saying they don't want the bill to go forward. I understand that they are saying that it's going to impact their rights. As you've heard already, this bill is about our internal self-government. It impacts only our three Métis governments. It impacts only our citizens. It has no impact on any other indigenous people.

I want to come back to your last question, honourable member. I think it's important that the question you were asking was about an individual Métis in section 35. I think it's very important to point out that section 35 rights are actually collectively held rights. An individual can choose to become a citizen of a Métis government or not. It's actually the rights-bearing community that holds those rights. That's exactly who it is that we represent with our three Métis governments. We represent rights-bearing Métis communities, which means the people within our respective jurisdictions. That's what section 35 is all about and that's what Bill C-53 is all about. It's in recognition of that. It's recognizing our inherent rights of self-determination.

[Margaret Froh]

I think you've heard all of us say that this bill really is reconciliation in action. It is putting the UN Declaration on the Rights of Indigenous Peoples into action. I wanted to thank the honourable member for the question.

Article 3 specifically talks about indigenous peoples' rights to self-determination, and article 4 specifically talks about the right to have autonomy or self-government. Article 33 of the UN declaration speaks to the rights of indigenous peoples “to determine their own identity or membership in accordance with their customs and traditions”, and what you see in Bill C-53 is exactly that. It's a recognition of those inherent rights of self-determination and self-government. In fact, it's built right into Canada's national action plan on implementing the UN declaration; and as has been said before, I believe every time we see an indigenous nation being recognized and being respected in this way, it actually makes all of us stronger. It makes Canada stronger.

Marsifor the question.

[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?

[Mitchell Case]

Thank you for that question.

Thanks to all of you for having us here.

I think the easiest way to support that is to pass Bill C-53. The governments that are represented here at this table have established registries that uphold the national definition of “Métis” that was established by the Métis nation through the Métis National Council and ratified by every single one of our governments. When I was a kid, that decision was made.

That definition was then upheld when my community was put on trial. We were put on trial. I grew up in Sault Ste. Marie when Canada and Ontario were using all the resources of their justice departments to tell us that we didn't exist. Quite frankly, we overcame that because we're pretty resilient, but also because the facts of history are on our side. They were not on Canada's side.

The facts of history and the law are on our side. Work with us to support our governments to continue to expand the capacity of our registries to do that work. Then we can provide that support to those institutions that want to stamp out that disgusting thing that is happening in those institutions with people claiming something that's not theirs.

[Andrea Sandmaier]

Again, Bill C-53 is about the Métis Nation of Alberta, and of Saskatchewan and Ontario. It's about the citizens who have chosen to be citizens of the Métis Nation of Alberta. We have citizens who live on those settlements. We have citizens who live in Fort McKay, Pincher Creek and Fort Vermilion. We have 61,000 citizens in Alberta. It's their choice on whether they want to be a part of the Métis Nation of Alberta, and it explicitly says that in the legislation.

[Andrea Sandmaier]

Thank you.

Failing to pass Bill C-53 will hurt all Métis people and the advancement of all indigenous people in Canada. Yes, it will affect all of us.

That legislation is there to protect us, to protect our rights. Governments come and go, and we need that legislation to protect what we have built.

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

Going back to my first question, my first question was answered.

Now I am going to ask you again: If Bill C-53 failed to be passed, how would it affect your nations?

[Margaret Froh]

I am happy to take the start.

I think it's very important. Bill C-53 is very clear that it only applies to our three Métis governments. It only applies to those individuals, those citizens who choose to be citizens of our three Métis governments. I think that is the answer to the question. Any individual can choose to be a citizen of one of our three Métis governments, or not. This legislation will only impact those who are.

[Marilène Gill, Bloc, Manicouagan, QC]

Thank you, Mr. Chair.

As one of my colleagues said earlier, there are certainly difficult questions. The witnesses touched on myths earlier, and I'd like to raise one myth that relates to what Mr. McLeod just spoke about.

On one hand, he said that there was some concern that there would be a meteoric growth in membership, a concern to which the witnesses responded. On the other hand, there are people who define themselves as Métis, but refuse to recognize the structures, even those of the Métis, and who, as a result, say they are excluded from their own nation. I don't know the reasons behind this, and we should ask them. If any of these people appear before the committee, I will, of course, ask them.

We've talked about advocating inclusion rather than division. We may not be discussing treaties here, but how can Bill C‑53 dispel those fears?

I don't know who would like to answer. I saw Ms. LeClair and Ms. Froh nodding.

[Margaret Froh]

As I was mentioning earlier, each of our Métis governments has a well-established registry. There are very clear criteria for applying for citizenship. There's a very rigorous process that is involved for that, and every citizen making an application for citizenship has to meet those criteria in order to be recognized and admitted as a citizen.

In terms of enumeration, I think that in that sense, we're in a very good place, in that we already have those well-established registries in hand. In many respects, it's a little bit of a different process from what you are seeing in the Northwest Territories.

Again, this comes back to Bill C-53 and just how important it is to have that legislative framework for the recognition of the registries that we do have and of our inherent jurisdiction around citizenship, so thank you for the question. Marsi.

[Margaret Froh]

Mr. Chair, I'm happy to respond.

Halu. Thank you for the question, honourable member.

Bill C-53 is indigenous recognition legislation. It is the same type of legislation that comes with every indigenous self-governing agreement and every modern treaty in this country's history. It provides the tools that Canada needs to change its laws to recognize indigenous governments.

Each of our Métis governments have now signed two self-government agreements. We made history in doing that. We require this legislation in order for Canada to change its laws to provide that recognition. If Bill C-53 is not passed, not only would that mark the first time ever in this country's history that Parliament has not supported indigenous self-government, it would also leave us in a bit of a limbo in that we have written agreements with government recognizing our inherent rights, without the legislation to provide the support for that recognition. I think that could create many different types of problems for Parliament and for government. It will certainly create problems for our governance as well.

More importantly, it would send a signal to the Métis in this country that they are not respected. That, I believe, is the very opposite of the intent of reconciliation.

I would thank the member for the question. We're looking forward to this opportunity to talk to the committee, to go through the legislative process, to see Bill C-53 become law and to finally to see that recognition of Métis self-government in this country.

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

I'm sorry. Are we testing?

Okay.

First of all, I want to thank every one of you. What I'm hearing is very good.

I am speaking to you now from my home community of Iqaluit. I am glad to hear what you're speaking about. We are speaking to our rights as peoples—as Métis, Cree and Inuit. Right now, the focus is on Métis rights, as a nation.

If Bill C-53 is not passed, how would it affect your nation, yourselves, your children and your grandchildren?

If you all want to respond to this question.... I leave it to you to respond.

Thank you.

[Margaret Froh]

Thank you for the question.

Yes, again, I would reiterate that there's been a lot of rhetoric and there's been a lot of misinformation, I think, from the very basic point around the denial of Métis communities existing.

That is a fact within this country. It's a fact certainly within Ontario. In fact, that's the law within Canada. To simply make a statement that Métis communities don't exist or to have the misunderstanding on the impact of this, when clearly it is focused only on our internal governance and there is no impact on any other people is the type of misinformation.... There are many examples of that.

I think it's important to come back to just how important Bill C-53 is. We've been waiting for it for over 200 years. We've been fighting for that recognition of rights. We secured that, in fact, 20 years ago, yet here we are again having to debate with people the question of whether or not we even exist, let alone if we have rights.

We don't want to go backwards. We are looking forward, and particularly we're looking forward to the future for our children.