Bill C-10

Commissioner for Modern Treaty Implementation Act

An Act respecting the Commissioner for Modern Treaty Implementation

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.

Commissioner for Modern Treaty Implementation Act

[Brendan Hanley, Liberal, Yukon, YT]

Mr. Speaker, that is a very important question. Perhaps my colleague has overlooked the fact that the relationship with indigenous partners is part and parcel of Bill C‑5. This partnership is essential for projects in the national interest, and this government has committed to it. I hope that is something that all parties in the House will support.

[Leslie Church, Liberal, Parliamentary Secretary to the Secretaries of State for Labour]

Mr. Speaker, I will be sharing my time today with the member for Guelph.

Before I begin, I would like to acknowledge that Canada's Parliament is located on the traditional, unceded and unsurrendered territory of the Algonquin Anishinabe people whose presence here reaches back to time immemorial.

I am pleased to speak about the proposed commissioner for modern treaty implementation. The creation of this new position represents a commitment to transparency, to accountability and to building trust with modern treaty partners and Canadians at large. As my colleagues have mentioned, the legislation before us today would establish an independent agent of Parliament charged with holding the Government of Canada accountable for living up to our modern treaty obligations, objectives and, most importantly, relationships.

The “agent” status is significant. The agents of Parliament each focus on protecting vital principles of our country. For example, the Auditor General conducts audits of government departments and agencies to check if public funds are used effectively. The Privacy Commissioner protects Canadians' personal information. The Information Commissioner upholds the public's right to access government information, and the Commissioner of Official Languages protects the rights of Canadians to use either official language within federal institutions.

There are currently six agents of Parliament in Canada, and each one plays a crucial role in upholding democratic principles, accountability and protecting the rights of Canadians. However, despite the work that these agents of Parliament do, we know that there is a gap. We know that the rights of indigenous peoples in this country are not always protected or respected. Canada's new government is trying to do better on this front. We have been working together with indigenous peoples to build and strengthen nation-to-nation, Inuit-Crown and government-to-government relationships based on respect, the recognition of rights and the creation of partnerships to build a better future for all people in Canada.

Modern treaties recognize and protect the rights of indigenous peoples to their lands, resources and governance. What is more, modern treaties create the kinds of meaningful relationships that are fundamental to advancing reconciliation and shared prosperity. It is fitting then that the next agent of Parliament should be dedicated to strengthening these vital constitutional relationships.

This legislation would put us on a new pathway. We would be establishing a parliamentary institution focused on oversight and accountability for federal modern treaty implementation. The commissioner would lend a critical eye to Canada's actions in this space with the aim of advancing systemic change to improve implementation effectiveness. In practical terms, this means it will create transparency. The commissioner would shine a light on areas where the Government of Canada is not addressing persistent structural modern treaty implementation issues. By doing this, it would make Canada's actions in implementing modern treaties visible to all people in Canada, helping to hold the government to account.

In this way, the commissioner would help reduce process inefficiencies, supporting modern and effective modern treaty implementation and the positive economic, social and cultural impacts that it would have. The bottom line is that the commissioner would help Canada become a better treaty partner.

I will explain.

At its core, transparency is about clarity and openness. A commissioner dedicated to oversight of modern treaty implementation would make sure that indigenous partners, Parliament and all people in Canada have access to essential information regarding modern treaties. This is not for us to point fingers at one another, but to point us toward a better future for all treaty partners.

The proposed legislation before us today includes the same statutory access to power as granted to the Auditor General. This is the gold standard for access to information. This would give the commissioner open access to the information they will need to do their job, including information that is necessary to fulfill their mandate and carry out their duties and functions. Giving the commissioner this level of access to information will make the role more transparent, credible and trusted. It will also go a long way to fostering an environment of trust and mutual respect with modern treaty partners.

Members can imagine a scenario where all people in Canada, and indigenous communities in particular, are actively informed about how Canada is implementing its treaty commitments. This visibility is crucial. It supports communities so that they can meaningfully participate in the process.

Accountability goes hand in hand with transparency. The commissioner would be responsible for providing oversight of government activities related to treaty implementation by reporting these findings to Parliament in the form of reviews and performance audits. Reporting measures increase accountability by tracking performance and making government modern treaty processes more visible.

Reporting also allows us to see where the government is excelling and, crucially, where we are coming up short. As an agent, the commissioner would have a direct reporting relationship to Parliament. Parliament can then hold the government accountable, helping turn the promises made in modern treaties from words on paper into living commitments that reflect our dedication to reconciliation.

In this context, the commissioner is not an expense. It is an investment in Canada, in trust, in accountability, in efficiency and in a more just and prosperous future for all Canadians. Strong accountability measures promote responsible government. They promote credibility and results-oriented action. Together, they translate to trust, and trust is what will enable us to build a future that is not bound by the failures of the past.

By prioritizing transparency and accountability, the commissioner would help to build a foundation of trust between the government and modern treaty partners. In fact, a strong foundation of trust has already been established in the codevelopment process for this legislation. The proposal for the commissioner was codeveloped with modern treaty partners from the ground up. As my colleagues have mentioned, more than 130 partners engaged on this proposed legislation. This proactive engagement and collaboration not only demonstrates respect but makes sure that government action is reflective of community priorities.

When this legislation passes, we will continue to work hand in hand with modern treaty partners to support the success of the commissioner. The trust we have built throughout this process will serve as a strong foundation for the future. By facilitating regular consultations with modern treaty partners, the commissioner can make sure their voices are not just heard but actively integrated into the decision-making process.

This partnership approach means that the perspectives of modern treaty partners would be captured in the work of the commissioner and that their stories and experiences with federal implementation would be shared with all of us as parliamentarians.

There is a long road ahead of us to live up to our commitments to modern treaty partners. It is clear to me that we cannot get there without building and nurturing a relationship based on transparency, accountability and trust. That is what makes this legislation so important. Oversight, accountability and transparency measures have upfront costs, but they are key to supporting effective implementation, the kind that reduces long-term risks and prevents disputes and litigation over the medium and long run.

A commissioner for modern treaty implementation would promote transparency with access to information. They would hold the government accountable to Parliament and indigenous partners by conducting investigations and publishing reports. They would also play a vital role in fostering trust with modern treaty partners through engagement, so that our commitments to indigenous peoples are honoured with integrity. I would ask the House to pass the bill without delay.

Meegwetch. Qujannamiik. Marsi.

[Rhonda Kirkland, Conservative, Oshawa, ON]

Mr. Speaker, with regard to the hon. member's speech, she said, at one point, that the commissioner for modern treaty implementation would provide a critical eye and help hold the government to account. First, I believe, in Parliament, it is the opposition's job to hold the government to account.

Second, if the government does not even respond to the Parliamentary Budget Officer's critical eye, why would Canadians believe it would respond to the commissioner's critical eye?

[Leslie Church, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, it is indeed the opposition's role to ensure that the government is held accountable, but these agents of Parliament actually help all parliamentarians fulfill their roles. They help the government. They help the opposition. They help us find non-partisan ways of sharing information within government. They hold governments across mandates to account and provide us with the kind of institutional knowledge we should have as parliamentarians on the biggest issues of our day. When it comes to looking at our budgets, when it comes to implementing modern treaties or when it comes to considering privacy and information, that is what our commissioners are for.

[Gabriel Ste-Marie, Bloc, Joliette—Manawan, QC]

Mr. Speaker, five years ago, we learned about the shocking death of Joyce Echaquan, a 37-year-old wife and mother of seven. Five years have passed since she filmed and broadcast her experience with racism in a deeply tragic, but also infuriating, form. We remember her and what she went through. We stand with the Atikamekw nation and indigenous peoples in the fight against racism in all its forms, including within our institutions, as evidenced by so many personal accounts from first nations people.

Bill C‑10 creates the position of commissioner. It is a small step in the right direction, but should this position not be accompanied by the ability to make binding recommendations?

[Leslie Church, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, I would like to share my concerns about many of the instances across our past in which Canada has fallen short in terms of the safety, rights and protections that are owed to indigenous peoples. It is one of the reasons our government has prioritized reconciliation and the journey that this is over the course of years and decades.

I thank the member for his comment that the legislation is a step in the right direction. I think it adds to work that continues to be done on UNDRIP, as well as work that continues to be done around indigenous languages and culture, indigenous health and education, infrastructure and economic opportunity. These are all areas that we need to continue to build on our path.

[Brendan Hanley, Liberal, Parliamentary Secretary to the Minister of Northern and Arctic Affairs]

Mr. Speaker, I want to thank my colleague for her excellent speech and her commitment to seeing the legislation supported and passed.

I am a little distressed by what I heard from some of my Conservative friends, who have called the bill a distraction. Perhaps they do not realize that this has been called for over many years, really going back to the beginning of modern treaty nations, and that this is codeveloped legislation.

Could my colleague comment on whether she sees the bill as a distraction or whether she sees it as a key to economic development and a link to some of our other major pieces of legislation?

[Leslie Church, Liberal, Toronto—St. Paul's, ON]

Mr. Speaker, I wholeheartedly agree that the legislation is fundamental to prosperity for all Canadians. We need to have stability. We need to have predictability. We need to understand the treaties that underpin the relationship we have with indigenous peoples. When we have that transparency, when we have that predictability, it actually lets us all move forward toward greater prosperity and a stronger economy.

I think about the work we are doing at the moment around building major projects and building affordable homes across Canada. These pieces do not just touch indigenous communities; they have indigenous communities as a central part of the work that we need to do together. Treaty implementation is a fundamental part of that, and we need to continue to prioritize it.

[Dominique O'Rourke, Liberal, Guelph, ON]

Mr. Speaker, kwe kwe, ullukkut, taanishi.

I acknowledge that we are gathered today on the unceded territory of the Algonquin Anishinabe people, whose presence here reaches back to time immemorial.

I also acknowledge that I represent the riding of Guelph, which is located on the traditional territory of the Attiwonderonk and Haudenosaunee peoples and that the Mississaugas of the Credit First Nation are signatories to Treaty No. 3, where this territory is situated.

Today, I am honoured to rise to speak in support of Bill C‑10, which seeks to establish a commissioner for modern treaty implementation. The commissioner for modern treaty implementation act gives us an opportunity to strengthen our ties, propose solutions to affirm rights and improve the quality of life for modern treaty partners. It is also vital to upholding Canada's commitments to indigenous peoples by implementing the United Nations Declaration on the Rights of Indigenous Peoples.

Our country is taking steps to fully embrace true nation-to-nation, Inuit-to-Crown and government-to-government relationships based on the recognition of indigenous rights, respect, co‑operation and partnership, as well as the fulfillment of our promises and commitments.

Modern treaties are agreements that form part of Canada's constitutional framework. They represent a distinct expression of reconciliation. The 27 modern treaties between the Crown and indigenous peoples cover more than 40% of Canada's land mass. The Supreme Court of Canada has stated on many occasions that modern treaties are essential to reconciliation between indigenous peoples and the Crown. Modern treaties define specific indigenous rights as legally distinct rights, and they have been painstakingly negotiated and agreed to by Canada and indigenous peoples.

Modern treaties are, therefore, a unique and intersectional element of the distinctions-based approach, which includes first nations, Inuit and Métis, as recognized in Canada's collaborative modern treaty implementation policy and the United Nations Declaration on the Rights of Indigenous Peoples Act action plan.

Upholding the honour of the Crown by quickly and effectively implementing modern treaties is an ongoing process, one that can and should be supported and advanced by the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act and our action plan. As many members know, UNDRIP is one of the elements that guides our work, particularly since the act was passed in 2021. We have worked with indigenous partners to respect and uphold indigenous rights, advance indigenous visions of self-determination and put UNDRIP into action. Together, we are entering a new era of indigenous relations and building genuine nation-to-nation, Inuit-to-Crown, and government-to-government relationships.

Pursuant to article 37 of UNDRIP, it is imperative that the Government of Canada and indigenous peoples work together to co-develop legislative and policy processes, tools, and mechanisms to ensure that modern treaties are recognized, observed and enforced, or in other words, implemented.

The announcement of Canada's collaborative modern treaty implementation policy in February 2023 marked an important milestone in implementing the declaration. The policy was developed in accordance with the declaration and set out a commitment to continue working on shared priorities, including the establishment of the intergovernmental leaders' forum, and to co-develop an independent oversight mechanism, namely the commissioner for modern treaty implementation.

Indigenous modern treaty partners have been calling for a mechanism like this for over 20 years to hold the federal government accountable for fulfilling its modern treaty obligations. The establishment of an oversight mechanism was also included in the UNDRIP action plan. The commissioner is directly linked to the ninth item in the list of indigenous modern treaty partners' priorities in the UNDRIP action plan, which states that one of the key priorities is to “[c]o-develop recommendations to establish a credible, effective, sustainable and independent Modern Treaty oversight mechanism to hold the federal government accountable to Parliament by September 2023”.

This is exactly what we are proposing. The commissioner is a response to these calls and an indicator of the government's progress in implementing the United Nations Declaration on the Rights of Indigenous Peoples. The commissioner would be an impartial agent of Parliament tasked with ensuring that the government is held accountable for the commitments made in modern treaties. Our promise became a reality thanks to the successful co-creation of the commissioner for modern treaty implementation. Today, we have an opportunity to keep this momentum going and embody the spirit of UNDRIP and our action plan by enshrining the commissioner into law.

If passed, this bill would significantly contribute to guaranteeing that the Government of Canada complies with article 37 of UNDRIP, as well as with its commitments and responsibilities under modern treaties. In accordance with section 5 of the United Nations Declaration on the Rights of Indigenous Peoples Act, this bill was developed in partnership with indigenous peoples in order to ensure that it is consistent with UNDRIP.

Meeting the Government of Canada's legal obligations to indigenous modern treaty partners and working together to renew relationships are critical to addressing some of the persistent and systemic injustices faced by indigenous peoples in Canada. The work of the commissioner for modern treaty implementation will drive a significant shift in the implementation landscape, ensuring that Canada is held accountable for its modern treaty obligations, objectives and relationships. These efforts align with UNDRIP.

By ensuring that the Government of Canada is accountable for its modern treaty commitments, the commissioner will enable modern treaty partners to unlock the full potential of these agreements as drivers of economic, social and cultural growth. This will create the kind of strong relationships with modern treaty partners that we all need in order to advance shared priorities.

This bill can help indigenous peoples achieve their goals and aspirations by fulfilling Canada's promise to support their rights, in accordance with the UN declaration. We all know that there is still much work to be done to fulfill our commitments. Passing this bill will help to ensure that this happens and that our priorities reflect the realities and current needs of indigenous peoples.

The Government of Canada will continue to work as a partner to promote the prosperity and well-being of indigenous communities, advance reconciliation, and renew our relationships. This bill will greatly contribute to strengthening relations between Canada and indigenous modern treaty partners. This bill will help us continue to build a strong future for indigenous peoples across the country.

As I have pointed out, the jointly drafted bill is consistent with a solid cornerstone of our commitments, and that cornerstone is the United Nations Declaration on the Rights of Indigenous Peoples. It is in this spirit that I invite hon. members here today to vote in favour of this bill. We owe it to all indigenous modern treaty partners, who are counting on us to fulfill our commitments and promises.

Meegwetch. Qujannamiik. Marsi.

[Grant Jackson, Conservative, Brandon—Souris, MB]

Mr. Speaker, it is really fascinating to hear the revisionist history from members across the way. It is very clear what the record of the Conservative Party is: We signed five modern treaties in a six-year period. I am sure it is quite embarrassing for them that they have been in government for 10 years and have been unable to get a single one completed.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

That is not true.

[Grant Jackson, Conservative, Brandon—Souris, MB]

Mr. Speaker, it is true. The member for Winnipeg North is leading this revisionist history, but those are the facts. One of them is in my constituency, with the Sioux Valley Dakota Nation.

Why do the Liberals prioritize a list of cycled-through ministers on this file? Some of them have failed upward. Others have left in disgrace. Meanwhile, nothing has been done on this file. Why is the Liberals' only solution to getting anything done that they need to add another bureaucracy? That is a typical Liberal tradition. Why can they not just get the job done and get the treaties signed?

[Dominique O'Rourke, Liberal, Guelph, ON]

Mr. Speaker, the language being used in this context, frankly, is offensive.

What we are trying to do is show transparency and accountability on treaty obligations. It is long overdue. Indigenous partners have been asking for this for 20 years. The consultations have been extensive. We are going to meet our responsibilities to the United Nations and to all our treaty partners.

[Gabriel Ste-Marie, Bloc, Joliette—Manawan, QC]

Mr. Speaker, I thank my colleague, with whom I have the pleasure of serving on the Standing Committee on Industry and Technology. I congratulate her on her speech.

I would like to raise an important question. Naturally, the Bloc Québécois supports Bill C‑10, whose implementation is crucial. That said, Liberal MP Robert Falcon Ouellette expressed some concerns about Bill C‑5, which was passed last spring. He called it “a dangerous step backward”. He also said, “For indigenous peoples, this bill is not a step forward. It is a modern version of the Indian Act.” He opposes that.

What can a commissioner with no power to enforce compliance do against a government that passes a law violating the basic rights of indigenous peoples, under a gag order, and with support from the Conservatives? It is not an easy question, but I am putting it out there.

[Dominique O'Rourke, Liberal, Guelph, ON]

Mr. Speaker, we enshrined in Bill C‑5 respect for the rights of indigenous peoples and extensive consultations with first nations, who are the rights holders in these areas.

The creation of this agent of Parliament position, which we are proposing today, also includes a review by indigenous peoples after five years and after seven years. This would help ensure that indigenous peoples are satisfied with the commissioner and with our transparency.