Commissioner for Modern Treaty Implementation Act

An Act respecting the Commissioner for Modern Treaty Implementation

Sponsor

Status

Second reading (House), as of Oct. 10, 2024

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment provides for the appointment of a Commissioner for Modern Treaty Implementation to conduct reviews and performance audits of the activities of government institutions related to the implementation of modern treaties. It also establishes the Office of the Commissioner for Modern Treaty Implementation for the purpose of assisting the Commissioner in the fulfillment of their mandate and the exercise of their powers and the performance of their duties and functions. Finally, it makes consequential amendments to other Acts.

Elsewhere

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

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Thank you, Mr. Chair. I would like to pay tribute to someone, if I may.

It was with great sadness that we learned that a great advocate for the Métis and a strong advocate for first nations and Inuit indigenous rights, Jim Aldridge, has passed away. He was much more than a lawyer. He was a pillar for Métis and for all indigenous peoples. He was deeply committed to justice, upholding treaty rights and upholding the right to self-determination.

His contribution to indigenous rights, including in relation to modern treaties, will remain etched in our country's legal and social history. He understood that modern treaties are not only legal agreements but also essential tools to build nation-to-nation relationships and to recognize the rights and aspirations of indigenous communities. He has worked passionately to ensure that these treaties are upheld, not only in theory but also in concrete implementation, ensuring that indigenous peoples have the means to thrive within a framework that respects their culture and sovereignty.

During his lifetime, he worked for over 30 years as a lawyer. He argued and fought all the way to the Supreme Court in 2013 for major issues on indigenous rights. He witnessed just two weeks ago the signing of the only modern treaty with the Red River Métis. When Bill S‑13was passed, he saw a side of all of us that is not seen often enough. Unfortunately, he will not be able to give us his testimony on Bill C‑77, but I am convinced that his voice would have enriched our discussions and would have enabled us to better understand the issue.

I am deeply saddened by his absence, as he carried with him wisdom, expertise and humanity that will never be replaced. On behalf of the Bloc Québécois and myself, I would like to offer my deepest condolences to his wife, Guylaine, his children and all those who considered him to be one of their own, a friend, and who had full confidence in him. May our work honour his memory and his commitment to the recognition and respect of the rights of indigenous peoples.

Thank you, Mr. Chair. Meegwetch.

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Thank you.

Look, Bill C-77 is a bill that was co-developed by modern treaty nations. It's something they've been asking for for over 20 years. This was truly co-developed with the full involvement of all existing modern treaty nations. It is something they have been asking for from the government for the last number of months as we finalized it. We tabled the legislation earlier in the fall.

I appreciate that notwithstanding the deadlock, it seems, in Parliament, the people at this table were able to work across partisan lines. We were able to pass Bill S-16 and Bill S-13. I want to acknowledge and thank the members for that. I think these are critical pieces of legislation, and so are Bill C-77, Bill C-61 and a range of others. We need to unlock Parliament to debate them and have constructive work done. That's why we were all elected to be here. It is transformative work. In fact, one of the challenges we have with some of the historical and numbered treaties is that there is no mechanism of the kind we could have through Bill C-77, so I implore colleagues around the table to work in collaboration. One thing I always pride myself on is being able to reach across the aisle to work with all of you here.

This is not about partisanship. Reconciliation, I've often said, is an intergenerational journey that involves all of us. No one party or government has exclusivity over it. I believe we've done a significant amount of work in that regard. Ultimately, anyone who cares about where this country is going on reconciliation needs to work with us on this.

Brendan Hanley Liberal Yukon, YT

Thank you for that.

On a similar topic of modern treaties and implementation, one of my main worries about the Conservative obstruction in the House over privilege is all the valuable legislation that's being held up. Among them is Bill C‑77, as you know, the modern treaty commissioner act, which has not yet come back for second reading.

It's certainly one of the priorities that Yukon first nation leaders, along with other self-governing chiefs around the country, are really pressing to get done. Could you comment on the importance of passing this legislation and your role vis-à-vis helping to move this bill forward?

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Well, I would love for this community to study Bill C-77, which is on the commissioner for modern treaty implementation.

I also think there is a valid reason to study the notion of economic development in indigenous communities in the context of their realities and not just focus on one individual who has made a mistake and who's acknowledged the mistake.

I believe that this is a very constructive committee. I've been on it for many years. I do believe that this report will maybe shed light on what more we need to do as a government to ensure there is greater representation in economic development among indigenous communities.

Indigenous and Northern AffairsCommittees of the HouseRoutine Proceedings

November 18th, 2024 / 4:50 p.m.


See context

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, we are here today to talk about an issue that is fundamental for the future of Canada and Quebec, and that is economic development in indigenous communities. The report of the Standing Committee on Indigenous and Northern Affairs reminds us of the barriers that these communities face and that make it so that the desired outcomes are not always achieved as originally planned.

This is a critical issue, but it is also a mirror that reflects the systemic challenges that are deeply rooted in our society. Reconciliation will not be possible without eliminating the barriers that continue to prevent first nations, Métis and Inuit people from receiving a fair share of this country's wealth. This is not just a matter of social justice. It is also a matter of economic development for all.

Barriers to economic development in indigenous communities include the legacy of colonialism, the failure to recognize indigenous jurisdiction, inadequate infrastructure, administrative burdens, limited access to capital, and limited access to federal procurement opportunities. First nations, Inuit and Métis face similar barriers, but they are also confronted with challenges that are unique to their situation and their relationship with the federal government. Financial challenges are systemic barriers.

One of the major barriers we face is access to funding. Take, for example, the down payment required for any new project in an indigenous context. It is a minimum of 10%, a requirement that does not take into account the economic realities of these communities, where many people live below the poverty line. Under these conditions, how can anyone hope to undertake an economic development initiative, be it commercial or residential, if the down payment is an insurmountable barrier?

However, there is a solution in the Yänonhchia' program. This innovative solution is available in Quebec. Not only does it give the middle class on first nations lands access to home ownership, but it also stimulates a unique market for high-quality properties in various communities. We asked the Minister of Finance to provide funding at the earliest opportunity for this program, which helps members of communities in need finally get a roof over their heads. The message is clear: It is important to set the right priorities.

In addition, access to private capital continues to be a major challenge. With few exceptions, financial institutions continue to show clear mistrust toward indigenous businesses, making it extremely difficult for them to access credit. This situation is even more complex in remote communities, where transportation and material costs make projects considerably more expensive. These disadvantages mean that even the simplest construction project in indigenous communities like Wemotaci or Chisasibi will invariably be more expensive than in cities like Montreal or Quebec City. It is not just a difference in costs, it is a systemic inequality that hinders development projects from the outset.

Red tape is another factor hindering growth. The administrative burden created by governments, both federal and provincial, should not be underestimated. Funding programs are complex and poorly adapted to the realities of indigenous workers and entrepreneurs. In many cases, an application has to be submitted several times to different departments, resulting in lengthy delays and missed opportunities. This cumbersome bureaucracy only slows down the development of indigenous initiatives.

We need a more flexible, responsive approach. Decisions need to be made faster. Most importantly, the reality of indigenous communities must be taken into account in the funding allocation process. Continuing to apply rigid processes designed in urban centres is not going to solve the issue of economic development for indigenous peoples. We need decentralization, a redistribution of decision-making powers and real political will to facilitate, not impede, first nations development for and by first nations.

Geographic isolation is also a factor in economic exclusion. As we know, indigenous communities face unique, often invisible, but deeply structural barriers. They do not all experience the same realities. Some are close to urban areas and are in a better position to meet program requirements. Others, as the Parliamentary Budget Officer wisely pointed out, have difficulties that are not taken into account, such as geographic isolation. This leads to exorbitant supplier costs and creates glaring inequalities between regions. These are known as remoteness costs.

Let us not forget that many of these communities are located in remote regions, where access to infrastructure and basic services is still a survival issue. This translates into extra supplier costs, but also a lack of access to economic opportunities, federal contracts, and sometimes even adequate banking or financial services. Indigenous populations are doubly penalized, both by their remoteness and by the systemic indifference of the government, which does not adapt its policies to meet their specific needs.

Economic reconciliation is a necessity for all. It is essential to remember that economic reconciliation is not possible without the active participation of indigenous peoples in the Canadian economy. Reconciliation is about more than symbolic statements or gestures. It requires meaningful action and financial commitments. Studies show that if indigenous communities had the same economic opportunities as the other Canadians, the Canadian economy as a whole would benefit considerably. Canada could increase its GDP significantly, by $30 billion to $100 billion annually, simply by allowing indigenous people to access equitable employment conditions, training and funding. It is in everyone's interest to remove barriers to indigenous economic inclusion. We are not asking for a favour here. We are offering an opportunity that must be seized for the good of all of Canada.

The proposed opportunities are a way forward. To overcome these barriers, we must work together. It is imperative that the Government of Canada implement policies and strategies that take the realities of indigenous peoples into account. Obviously, this entails implementing the United Nations Declaration on the Rights of Indigenous Peoples Act, in collaboration with the communities, and formally recognizing indigenous legal frameworks for the management of their lands.

The government also needs to support the creation and expansion of indigenous financial institutions that can meet the specific needs of indigenous businesses. The aboriginal financial institution network needs to be strengthened and adequately funded to foster access to capital and support the growth of indigenous businesses. Finally, it is crucial to review federal funding and procurement mechanisms to allow for genuine and equitable participation by indigenous businesses in major infrastructure and development projects in Canada. Indigenous initiatives funds must be tailored to the specific needs of each community, taking geographic, social and economic aspects into consideration.

Economic reconciliation also requires solid land bases. The Bloc Québécois has long been calling on the federal government to commit to land reform, and we will continue to push for that as long as necessary. We suggest partnering with indigenous groups to undertake a vast nation-to-nation effort to sign agreements and treaties that are entered into freely and are mutually agreed upon, allowing for more self-determination for these communities.

We propose that the comprehensive land claims policy be completely overhauled, which would include creating an independent entity to manage and resolve these claims. Appointing a commissioner, as set out in Bill C‑77, is a step in the right direction, because the federal government is not only slow, it is often a bad partner. Of course, the commissioner will be able to point all that out, but that should not stop the federal government from taking action now. Two weeks ago, when the ministers appeared before the Standing Committee on Indigenous and Northern Affairs, none of these crucial issues were addressed.

It currently takes 18 years on average to settle a land claim, including two years seeking government approvals. This creates a significant financial burden for first nations. That is already excessively long, but for some nations, the process can take up to 30 years. We are talking about three decades. These barriers sometimes lead communities to give up and settle for the Indian Act as the lesser of two evils. This policy needs to be addressed urgently because it impedes true, equal partnerships between nations.

Since 2018, repealing the Indian Act has been one of the objectives of the relationship framework between the Government of Canada and indigenous peoples. However, the Liberal government is being too passive on this issue. In Quebec, only the Cree and Naskapi nations have been emancipated from this act, thanks to the James Bay and Northern Quebec Agreement and the resulting legislation.

When it comes to land claims, the situation in Quebec is similar to the one in British Columbia, where a large part of the territory is still not covered by treaties. This is problematic because the comprehensive land claim settlement process is excessively long and costly. It frustrates many first nations representatives without contributing toward improving living conditions in the communities. Furthermore, these negotiations create an extremely significant financial burden for indigenous communities. Currently, they are financed through a combination of repayable loans and non-repayable contributions. In 2013, the accrued debt, with interest, was $817 million. This funding model acts as a disincentive for communities, prolongs negotiations and forces some nations to give up when they run out of money.

The problems with this policy do not stop there. The federal government is both judge and jury in these negotiations. The process is so long that negotiators frequently come and go, increasing delays even further, because each new negotiator has to get up to speed on the complex files. Furthermore, these negotiators have no flexibility and constantly have to ask the government to approve their decisions. In short, the existing process does not resolve disputes efficiently or help eliminate colonial structures such as the Indian Act.

With respect to the additions to reserve policy, it is important to have sufficient funds to enable the 20 or so communities recognized by the federal government to complete the process set out in the policy so they can finally receive the funding they need to ensure the well-being of their members with complete peace of mind. Can the government assure us that there will be enough money this year to enable them to take action? Three first nations in my riding, which is in Quebec, have been displaced. They still have no stable land base. This is unacceptable. I would like to see those communities get their fair share. Too often, they are overlooked. I want to name them.

They are Timiskaming First Nation, Winneway first nation and Hunter's Point first nation, now Wolf Lake.

In this context, I want to underscore the following. This means that there is money that is not going to areas such as health, childhood education or an indigenous police service. It takes too long. Every time there is a hiccup, it seems like everyone is fine with that. At some point there needs to be action. Everyone will need to sit down together and offer solutions. Far too often, first nations issues are put on ice. The government will use any excuse to walk away from the negotiations, and often the real reason is that it just is not listening. Finally, things are left to drag on. Generations have been waiting for answers and results. That is another way to promote self-determination for indigenous peoples, especially back home in Abitibi—Témiscamingue.

The Inuit and Métis also deserve better representation within bodies that reflect on economic reconciliation. The Inuit of Nunavut or Nunavik, like the Red River Métis, are not subject to the Indian Act. However, these indigenous people have unique realities that deserve to be addressed by this government. They need to be better represented within the institutions and organizations set up by the federal government.

While the Red River Métis are now recognized as an indigenous people by the Government of Canada, they continue to face significant challenges in accessing financial resources and economic opportunities due to the delayed recognition of their rights and the federal government's broken promises. For a long time, they have been excluded from the funding and economic development programs available to other indigenous groups. While progress has been made in recent years, these commitments remain lacking.

Despite these barriers, Métis people have shown remarkable resilience and a great potential to develop their own economic initiatives and institutions. However, the lack of appropriate channels for distributing funds and delays in implementing supportive policies continue to impede their ability to build sustainable infrastructure.

The federal government absolutely must keep its promises and put in place funding mechanisms and institutions specifically designed to meet the unique needs of Métis people so that they can fully participate in the Canadian economy and ensure a prosperous future for their communities.

I will digress for a moment. On the weekend, we marked Louis Riel Day. If there is something that Canada should think about, it is how it treated one of its own. The case of Louis Riel is well documented, and we should think about and look back at that history. I think that we have erred for too long. I want to acknowledge president David Chartrand.

Since I only have a little time left, I want to take this opportunity to raise some issues that I think are problematic when it comes to the economic development of first nations. I want to talk about the much-touted 5%. I am talking about recommendation 8 of the report. It is all well and good to say that the government awards 5% of federal contracts to indigenous businesses. However, when it comes to things like GC Strategies or projects like the one in Chalk River that is going to have a major impact on nuclear safety in Quebec and Canada, the indigenous component is often being managed by people who are not really indigenous. They have access to government funds and they are the ones who communicate with the government. The government can then say that it consulted indigenous people in the context of the Canadian Nuclear Safety Commission. However, these indigenous impersonators are not recognized by indigenous people. That is a problem.

“Pretendians” are people who self-identify as indigenous for economic or personal gain. In many cases, it may be a historical error. It is not necessarily a deliberately false claim. However, there are some serious problems at the moment. Fake indigenous claims are being used to gain access to contracts or to earn social licence. Think about the Chalk River project. An association known as the Algonquins of Ontario helped ensure social licence. Meanwhile, the Anishinabe in both Quebec and Ontario, plus 140 municipalities, are opposed to the project. Those who speak for the indigenous people are not the indigenous people.

There is no shortage of examples when it comes to economic development. Bastien Industries produces moccasins that are made in Wendake. This is an example of an economic development project where products are made by hand, with knowledge being passed on from generation to generation. It is an economic driver and source of pride for the community. Unfortunately, the company has no access to government contracts, and yet if the indigenous people who work there want to sell their products in the United States, they will be asked for their Indian status card.

That is not possible in Canada. Those mechanisms do not exist and so identities can be claimed. These companies take second place when contracts are awarded. There is no obligation to do business with indigenous peoples. Actually, the law says there is in theory, but in practice, no mechanism exists. That is a fundamental problem. The Standing Committee on Government Operations and Estimates is particularly interested in this. I think we need to delve deeper into the issue of who is indigenous and who is not. At some point, this has a major impact on economic development.

I also want to take this opportunity to raise another issue. To me, it is one of the main solutions. The Standing Committee on Indigenous and Northern Affairs examines it in this report, particularly in the first recommendations. In my opinion, the major solution, which is a philosophical one, is to trust the knowledge of the first nations and develop projects “by and for” indigenous nations. Right now, there are a lot of recommendations. However, I am shocked to see that the study is almost two years old. It is something we have thought about, but not a thing has changed.

This government is on its last legs. It had plenty of time to take action and develop investment funds by and for indigenous peoples. Yänonhchia' comes to mind, along with the initiatives of NACCA, the National Aboriginal Capital Corporation Association, and many others that will provide financial leverage. The government puts structures in place, but often this only creates obstacles and barriers. Basically, indigenous communities are given two years to build a house. However, it takes time to get an architect to approve things. It is much harder to find one in remote areas and in indigenous communities. By the time an architect is found, the deadlines have passed. That is how it works at the federal government. Perhaps only two houses a year per community end up being built. Indigenous populations are growing quickly, and the needs of communities are not currently being met. Some serious reflection is needed, and the solution involves projects by and for indigenous peoples.

In conclusion, urgent action is essential. We have an historic opportunity before us. Removing barriers to economic development for indigenous peoples is not only a moral imperative, but also an economic one. We have a responsibility to right the wrongs of the past and to work together to build a prosperous future for all Canadian and Quebec communities, indigenous and otherwise. Indigenous peoples must be fully integrated into the economy of Canada and Quebec, not only because it is the right thing to do, but also because it is in everyone's best interest. If we want a prosperous, inclusive and truly reconciled Quebec and Canada, we need to invest in the prosperity of indigenous peoples.

Together, as equal partners, we can build a future based on justice, equality and economic reconciliation.

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Thank you, Mike, for that question and those comments.

It was really good to be at the table with the NWT premier, as well as the partners from NWT, several weeks ago. I think you were there as well. We had a comprehensive discussion on a range of issues, especially relating to modern treaty holders. Through them, we have been able to introduce legislation, Bill C-77, on the commissioner for modern treaty implementation. I believe there is progress being made.

We are in discussions on issues, such as education with the Tłı̨chǫ government, that are going to be critical for self-determination over issues such as education. The challenge is that we have not been able to land and complete a treaty in recent years. Much work has been done over the years, but there are still elements that we need to complete.

I want to underscore and say again for the record that the comprehensive land claims policy is not something that we are currently implementing. It is a very different conversation when we talk about modern treaties right now. We've moved away from that, and we are in an era where we are at RIRSD tables, where rights recognition is a cornerstone

I want Ms. Gideon to have a chance to add to that in terms of the comprehensive land claims policy, because I have said it on a number of occasions and maybe we have not been very understanding of each other.

I'll ask Val to add some light to this.

October 28th, 2024 / 3:35 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalMinister of Crown-Indigenous Relations

Kwe kwe. Ulaakut. Tansi. Hello. Bonjour.

Before I get started, I want to acknowledge that we're meeting on the unceded traditional territory of the Algonquin Anishinabe people.

I'm pleased to be back before the committee today to outline my priorities as Minister of Crown-Indigenous Relations.

Last week, I joined you to talk about Bill S-16, a bill that will recognize the Council of the Haida Nation as the government of the Haida people, something 50 years in the making. I want to thank you all for swiftly passing this through committee and for it being referred to the House.

As the minister responsible for this file, it requires constant reflection on the journey of reconciliation, both on how far we have come and how much more there is to do. Make no mistake—there is a lot of work to be done ahead.

Perhaps a fitting place to begin is with the National Day for Truth and Reconciliation.

This day was established in direct response to the Truth and Reconciliation Commission's Call to Action number 80.

This year, in Millbrook First Nation, I walked in honour of Nora Bernard and heard from her daughter Natalie—both courageous voices of survivors. In Ottawa, I attended the “Remembering the Children” event, watched Sugarcane and re-raised the survivors' flag on Parliament Hill. We were reminded of the lasting scars left by residential schools, impacting survivors, families and communities, an impact that continues to echo today in every conversation we have about reconciliation.

When I talk about my priorities, I'm clear. Above all, they are listening to indigenous people, honouring their stories and moving forward in true partnership that reflects their lived experiences. With Bill C-29's passage, we fulfilled call to action 53, and the national council for reconciliation is taking shape. We also look forward to special interlocutor Kim Murray's report tomorrow. This is true partnership. It's not perfect, but we are committed to listening, adopting and doing what's right.

The national crisis of missing and murdered indigenous women, girls, two-spirit and gender-diverse people must end. We made progress with partners on about three-quarters of the calls for justice so far—as examples, funding 47 emergency shelters and transitional housing projects, delivering reliable Internet to over 27,000 indigenous households and working with the Government of Manitoba to advance a red dress alert pilot—but we need to accelerate this progress.

As we look to the future, we must ensure that the next generation has the resources and opportunities to thrive. On Friday, I announced $20 million in annual funding for the Kinoomaadziwin Education Body to support their infrastructure and governance needs. Chief Judy Desmoulin of Long Lake #58 First Nation talked about the increase of graduates, from eight to 90, in just six years alone. This is incredible. By investing in first nations-led education, we're investing in the future of reconciliation.

It all comes down to self-determination and securing a future in which the rights of indigenous peoples are respected and they have control over their lands, their waterways, their governance and their children, as laid out in the United Nations Declaration on the Rights of Indigenous Peoples.

Advancing self-government agreements and modern treaties is another way we're supporting indigenous peoples' inherent rights and championing self-determination. This summer, I was honoured to be initialling, with the Province of British Columbia, modern treaties with the Kitselas, Kitsumkalum and K'ómoks.

Through Bill C-77, we propose to establish a commissioner for modern treaty implementation. This legislation renders the status quo impossible. The commissioner will hold our government and all successive governments to account for their promises. This is a fundamental change. I hope every member of this committee ensures that this bill will be a priority in the chamber when debate opens. We must not let this, or any other piece of legislation, be delayed by the tactics of partisanship.

While my department has made progress, I share the frustration with the pace. Our work is far from done. Recent deaths of first nations people by law enforcement show the urgent need to act against systemic racism in our justice system. We must seek truth, ensure accountability and build trust.

As someone who has spent a lifetime advocating for human rights and justice, I understand that our journey towards reconciliation is an intergenerational effort and requires constant and collective efforts. Our government, my department and I remain committed to working alongside indigenous partners to rebuild trust, make real changes and ensure that the rights and voices of indigenous peoples are respected at every step of the way.

I look forward to your questions and comments. Meegwetch. Qujannamiik. Marsi. Thank you. Merci.

Commissioner for Modern Treaty Implementation ActRoutine Proceedings

October 10th, 2024 / 10:05 a.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalMinister of Crown-Indigenous Relations

moved for leave to introduce Bill C-77, An Act respecting the Commissioner for Modern Treaty Implementation.

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