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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, could the member provide his thoughts in regard to why Stephen Harper, for example, refused to support the Kelowna accord, which provided many of the things the member just finished talking about.

The member is not talking about Bill C-10, so maybe he could provide a specific answer on why the Conservative Party continues to put up roadblocks, in terms of development and support for health, education and other activities within indigenous communities by working with indigenous community leaders.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, as we have seen for the last 10 years, the approach of the Liberals is to not address the issues. Conservatives have a plan and a vision that support strong indigenous nations that are developing economically, that control their own resources and that control their own futures. That is why our party is proud to have a growing presence among and representation from indigenous leaders who are excited about our agenda.

[Will Greaves, Liberal, Victoria, BC]

Mr. Speaker, I will be sharing my time with the member for Pickering—Brooklin.

Kwe kwe, ulaakut and tanshi. Let me start by acknowledging that Canada's Parliament is located on the unceded territory of the Anishinabe Algonquin people, whose presence here reaches back to time immemorial.

I am pleased to speak today about the proposed commissioner for modern treaty implementation act and to highlight some of the key points contained in this legislation as well as the roles and responsibilities of the newly proposed agent of Parliament.

For 50 years, modern treaties have been fundamental to our work to advance reconciliation with indigenous peoples. They promote strong and sustainable indigenous communities and help make sure that indigenous peoples can decide what is best for their future. The Government of Canada is continuing to work on fulfilling its obligations under modern treaties and building and maintaining true nation-to-nation, government-to-government and Inuit-Crown relationships with modern treaty partners.

Though we have made important progress like developing Canada's collaborative modern treaty implementation policy, there is still much more to do. For more than 20 years, modern treaty partners have been calling for more oversight to address persistent modern treaty implementation issues and to hold the federal government accountable to Parliament for its modern treaty responsibilities. That is exactly why, in May 2024, at the intergovernmental leaders' forum, the government announced its intention to create a new agent of Parliament: the commissioner for modern treaty implementation.

After this long-overdue announcement was made, many indigenous partners and groups voiced their support. Eva Clayton, president of the Nisga'a Lisims Government and one of the co-chairs of the Land Claims Agreements Coalition, stated on CTV News that the commissioner “will give a focus on areas that the Canadian government needs to address in order to ensure that the spirit and intent of each of our agreements are fulfilled”. She added, “Because we know that once our agreements are fully implemented, it will make life better for our people, our community members, which in turn will have a positive impact on all Canadians.”

There would be many benefits to having a commissioner fulfilling this role. Most importantly, the commissioner would shine a light on areas where the Government of Canada is not successfully addressing ongoing structural modern treaty implementation issues. The commissioner's role was codeveloped with modern treaty partners to make sure there would be independent, credible, effective and sustainable oversight of modern treaty implementation. It was specifically designed to hold the federal government accountable to Parliament for implementing its modern treaty obligations and to make sure the federal government acts in ways that strengthen its relationships with its modern treaty partners.

By providing independent oversight, the commissioner would help improve the implementation of modern treaties at the federal level and improve awareness, understanding and action across the federal public service. The bottom line is that the commissioner would support Canada in being a better modern treaty partner.

As my colleagues have mentioned on the floor of the House, the commissioner would be a new agent of Parliament, similar to the Auditor General and the Privacy Commissioner. This means they would have a direct reporting relationship to Parliament. The scope of the commissioner would cover all federal activities related to implementing modern treaties. This would include the implementation of modern treaties themselves as well as any associated self-government agreement or other arrangement related to modern treaties.

It is important to note that the commissioner's mandate would only be focused on federal activities related to the implementation of these modern treaties. It would not include activities of provincial, territorial or indigenous governments. The commissioner's main job would be to look at what government departments are doing to carry out modern treaties and to give advice on whether their actions follow three key principles: first, strengthening the relationships between the Government of Canada and modern treaty partners; second, fulfilling the Government of Canada's obligations under, and achieving the objectives of, modern treaties; and third, upholding the honour of the Crown through the timely and effective implementation of modern treaties.

The core functions of the commissioner would be to perform reviews and performance audits. Reviews are a fit-for-purpose tool meant to provide the commissioner with the means to identify ongoing, systemic issues affecting modern treaty implementation. They would allow the commissioner to look deeper into these issues, identify their underlying causes and thoroughly examine how federal decisions are made and implemented. A review could focus on a specific program or activity within a single organization, or it could be more expansive and capture a systemic, cross-cutting issue across multiple federal government departments. For each review, the commissioner would work closely with modern treaty partners to determine the terms, procedures and methodology to be followed.

The commissioner would also be empowered to conduct performance audits. These performance audits would be conducted based on national, widely accepted auditing standards that are the same as those followed by the Auditor General. When a review or performance audit is completed, the final report would be submitted to the Speakers of the Senate and House of Commons for tabling. This is the most direct and effective way of holding the government accountable for its actions.

At the end of each year, the commissioner would send a report to the Minister of Crown-Indigenous Relations. This report would include what the office of the commissioner did throughout the year, as well as the findings and recommendations outlined in any reports published in that year. This would also be tabled in Parliament.

In addition to reviews and audits, the commissioner would also be authorized to provide briefings on their work to any minister or modern treaty partner as they consider appropriate, or with any committee designated or established by Parliament, at the committee’s request.

When it comes to the appointment process for the commissioner, they must hold the confidence of modern treaty partners and of Parliament. The commissioner would be appointed through a Governor in Council appointment process. This means a cabinet order. Before that order is given, however, there are a few steps that must be taken. First, modern treaty partners would be consulted. This would be an integral part of the appointment process. Then consultations would take place with the leader of every recognized party in the Senate and the House of Commons. Like the Auditor General, the appointment requires a resolution from the Senate and the House of Commons. Only after that can the commissioner be appointed.

The commissioner would be appointed for a term not exceeding seven years, with the possibility of reappointment for one additional term. They could be removed only by the Governor in Council on address of the House and the Senate. This is critical to protecting the commissioner’s independence and maintaining their ability to complete their mandate.

I would like to emphasize that this entire appointment process, along with this entire initiative, was codeveloped with modern treaty partners. Based on feedback from codevelopment sessions in the development of the oversight body proposal, we learned that partners wanted to make sure that the commissioner would have the necessary knowledge of modern treaties to fulfill their mandate.

What we have accomplished with modern treaty partners in the past proves that so much is possible when we work together. We know that the Government of Canada values its modern treaty relationships and is committed to fully and effectively implementing these agreements. As we learn from our past mistakes, we are listening and growing. Together, we are addressing challenges faced by modern treaty partners across Canada.

The commissioner’s oversight would support modern treaty implementation and, in turn, support self-determination, decision-making and economic growth for indigenous communities. Above all, the commissioner would help build trust, transparency and accountability as we work toward building a better democracy in this country.

Meegwetch. Qujannamiik. Marsee.

[Eric Melillo, Conservative, Kenora—Kiiwetinoong, ON]

Mr. Speaker, I have to begin with a correction. Earlier today in debate, I mentioned that Conservatives got six modern treaties signed in six years, but it should have been five. I apologize for that. I will note that five modern treaties in six years are still five more than the Liberals have achieved in 10 years.

We have seen time and time again that the Liberals have ignored the reports of the Auditor General that have been brought forward. Why should we believe that just because they have created a new bureaucracy and a new officer to tell them the same thing, which is that they are not getting the work done, they are actually going to do the work? Why will they not just do the work they have been tasked to do?

[Will Greaves, Liberal, Victoria, BC]

Mr. Speaker, I find myself confused by the Conservatives' position on this matter. They say very vocally that they support the implementation of modern treaties and they say they support the recognition and implementation of indigenous rights in this country, yet they are vociferously objecting to the establishment of an agent of Parliament who would be mandated to track the government's progress toward implementing those very modern treaties.

It is a confusing position, and I encourage the Conservatives to go back to the drawing board and try again.

[Mario Simard, Bloc, Jonquière, QC]

Mr. Speaker, I do not necessarily want to defend what my Conservative colleague just said, but as the saying goes, the past predicts the future. We have seen the Liberals forcefully and vehemently state on several occasions that the Parliamentary Budget Officer's reports were unfair and then refuse to act on them. I wonder if they will do the same thing to someone in charge of alerting us to unfortunate situations experienced by first nations.

I would like my colleague to talk to us about that. I would like him to perhaps be a little more frank and direct about what the government will do when it receives reports that directly contradict its policies.

[Will Greaves, Liberal, Victoria, BC]

Mr. Speaker, I thank my colleague for the question.

It is an excellent question and an important one that speaks to the vital role that independent agents of Parliament play within our political system. They are not answerable to any government. They are answerable to this body, the Parliament of Canada. That is the source of their authority, and that is precisely why their role is so important. It means that very often, they will tell governments things that they do not want to hear. Certainly our Conservative colleagues will remember that from the decade when Mr. Harper was in power. Many reports of the agents of Parliament criticized that government, and rightly so because that is their function.

The modern treaty commissioner is a role that the government will heed and, indeed, I expect that role will have criticisms of government because that is the function we expect in the exercise of their duties.

[John-Paul Danko, Liberal, Hamilton West—Ancaster—Dundas, ON]

Mr. Speaker, another Conservative member from Vancouver Island recently made a statement that indigenous bands asked for residential schools, and supporters of the Conservative Party routinely engage in residential school denialism, supported by the Leader of the Opposition.

How would the member for Victoria respond to those kinds of comments and how are they received in his community?

[Will Greaves, Liberal, Victoria, BC]

Mr. Speaker, indeed, just in the last week, I and many other British Columbians have been embarrassed at the travesty of the shambolic conduct of Conservatives in the province of British Columbia with respect to the question of reconciliation and indigenous rights and title. We have seen overt and unabashed residential school denialism. We have seen a flagrant attempt to whitewash history. We have seen patent disrespect heaped upon first nations in British Columbia and elsewhere across the country by all kinds of individuals closely aligned with the B.C. Conservative Party and the Conservative Party of Canada.

This is a debate that is being had by precisely one party in the House. There is no debate on this side of the aisle. We understand the legacies of residential schools. We heed the calls of the Truth and Reconciliation Commission, and we are determined to do better in the future and move forward in a good way.

[Juanita Nathan, Liberal, Pickering—Brooklin, ON]

Mr. Speaker, kwe kwe, taanshi. Hello.

Before we proceed, let us take a moment to recognize the gratitude we have for being gathered here on the traditional, unceded and unsurrendered lands of the Algonquin Anishinabe people, whose connection to this land continues to this day.

I am thankful for the time to speak today to the proposed legislation to establish a commissioner for modern treaty implementation. I will focus on the partnership approach that was used to codevelop this initiative with modern treaty partners.

The Government of Canada acknowledges the painful legacy of colonialism in this country and understands the need to change the path going forward. One way of doing so is through modern treaties, which have been an essential part of advancing reconciliation and building nation-to-nation, Inuit-Crown, and government-to-government relationships that are based on the recognition of rights, respect, co-operation and partnership.

Modern treaties are part of the constitutional framework of Canada and represent a distinct expression of reconciliation. They are created through negotiations with indigenous groups to reflect their specific needs, priorities and circumstances, be they political, economic, legal, historical, cultural or social.

In February 2023, the Government of Canada and modern treaty partners jointly announced Canada's collaborative modern treaty implementation policy. The policy acknowledges that Canada can and must do better with respect to modern treaty implementation. The policy was an important step forward, creating greater oversight to make sure the federal government keeps its modern treaty promises and is held accountable to Parliament for its commitments.

In March 2023, the Government of Canada and modern treaty partners began an intensive codevelopment process. It was facilitated mainly through the modern treaty implementation policy working group. The group consisted of representatives from most of the 27 modern treaties, and federal officials from Crown-Indigenous Relations and Northern Affairs Canada. The groups that did not participate through this forum were engaged through their preferred methods.

Throughout the codevelopment period between March and September 2023, department officials also held over 90 engagements across the federal system with other government departments and agencies. The proposal was under federal consideration until May 2024.

At the second annual Intergovernmental Leaders Forum, the Government of Canada, modern treaty partners and self-governing indigenous governments came together to announce the intention to create an independent oversight body headed by a new commissioner of modern treaty implementation as an agent of Parliament. This new role would be a long-overdue, transformative shift in the modern treaty relationship that symbolizes a collaborative approach to governance and accountability.

The commissioner would work to hold the federal government accountable to its modern treaty obligations and objectives, as well as to the relationships they embody. Following the announcement, the Government of Canada began an extensive period of consultation and engagement on a draft legislative proposal to create the commissioner—

[The Speaker, Francis Scarpaleggia]

I am sorry to interrupt. The member will have close to six minutes left after question period.

The House resumed consideration of the motion that Bill C-10, An Act respecting the Commissioner for Modern Treaty Implementation, be read the second time and referred to a committee.

[Juanita Nathan, Liberal, Pickering—Brooklin, ON]

Mr. Speaker, I will continue where I left off.

The draft legislation proposal for the commissioner was shared with over 130 modern treaty partners for their awareness, review and feedback. The partners consulted included groups negotiating a modern treaty, self-governing indigenous governments, sectoral agreement holders, national indigenous organizations and key partners, and provincial and territorial governments.

The reason for this approach was to ensure that all partners with interest in the commissioner's work would be consulted and engaged. The government engaged with partners through bilateral and multilateral meetings, and, using existing working groups, through negotiation tables and implementation committees, where possible. Consultations were originally scheduled to conclude on June 28, 2024, but based on feedback from partners, the consultation period was extended to July 19, 2024. This was to ensure that all partners that may have had an interest in the commissioner's work were consulted and engaged.

In total, the government received over 100 proposed changes to the draft legislation proposal. Over the summer and early fall of 2024, the government engaged with modern treaty partners to discuss the proposed changes and agree on a path forward. Partners that were engaged with and consulted on the proposal shared a diverse range of views and perspectives. Generally, they showed strong support for the commissioner for modern treaty implementation.

A news release from Nunavut Tunngavik Incorporated stated, “The creation of a Commissioner of Modern Treaty Implementation demonstrates a real step towards genuine collaboration from Canada.” The Tlicho Government stated, “The Commissioner for Modern Treaty has been decades in the making. This is an exciting moment that our hard work together has paid off, and this important mechanism for accountability and oversight will be established.” Modern treaty partners are pleased with the bill before us, which was codeveloped with them. They have shared with us that the commissioner could help strengthen modern treaty relationships, as well as contribute to reconciliation.

After sharing the draft proposal with partners, the government received a number of insights and proposed changes, many of which shared similar themes and ideas. The legislation before us is the product of the work to integrate as many of the partner's proposed changes as possible from the engagement period in the summer of 2024. For example, the government heard that modern treaty partners needed to be involved in the commissioner's work at the same level as Government of Canada institutions. We made sure this would be the case.

We heard that stronger consultation requirements were needed throughout the legislation. We added those, including new consultation requirements within the independent review process.

We also heard that the commissioner's scope needed to include agreements that support the implementation of modern treaties, like associated self-government and fiscal agreements tied to the treaty. This is now strengthened. This important input was taken into consideration to create the proposed legislation before us today.

The Minister of Crown-Indigenous Relations held a meeting with modern treaty leadership on revisions made to the proposed legislation. They signalled their support for the proposal and urged Canada to move forward as quickly as possible to create the commissioner.

Modern treaty partners strongly advocated for the reintroduction of this bill. They are pleased with the bill and they want it to move forward.

The proposed legislation for the commissioner for modern treaty implementation represents a significant achievement in codevelopment and a major milestone. It marks a transformative shift in the modern treaty relationship. Codeveloping this legislation is an important step in the shared journey of reconciliation. The progress that partners have made so far shows just how powerful the collaborative work has been. It is clear the dialogue and input from indigenous partners strengthened the proposal for the commissioner for modern treaty implementation.

Improving awareness, understanding and action in the federal government related to modern treaty implementation is crucial to building strong relationships based on trust, transparency and accountability with modern treaty partners. We will continue to codevelop approaches, and we will work with modern treaty partners to move past the painful legacy of colonialism and ensure that indigenous people have a voice in shaping their own future.

Meegwetch. Marsi.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes, ON]

Mr. Speaker, what I have heard during the speeches is nothing new. The concern we have raised in the House specifically is that this piece of legislation would not give the new commissioner, whoever that person might be, the ability to hold government departments to account.

We have a slew of reports from the Auditor General already pointing out the failings of governments over the past decades. We have numerous departments set up to monitor modern treaties, among other things, yet government departments do not seem to respond to any reports that are tabled. Why will this be different?

[Juanita Nathan, Liberal, Pickering—Brooklin, ON]

Mr. Speaker, the commissioner's job would be to check if the federal government is fulfilling its promises under modern treaties, working in good faith with indigenous partners and upholding the honour of the Crown. The commissioner would do reviews, audits and briefings to see how government programs are working and would share what they find with the minister, indigenous partners and Parliament. This is very important and crucial for accountability.