Thank you, Madam Chair.
Aaniin kina weya. Good afternoon, everyone. Thank you for the invitation to speak with you today.
I would like to start by acknowledging that we are on the unceded traditional territory of the Algonquin and Anishinabe people.
My name is Sharon Stinson Henry. I'm a former chief of the Chippewas of Rama First Nation in Ontario. I'm here on behalf of the National Indigenous Economic Development Board.
Our board is made up of first nations, Inuit, and Métis business and community leaders from across Canada, whose mandate is to advise the whole of the federal government on indigenous economic development issues. On behalf of the board, I'm pleased to offer information that may assist the committee in your study of Bill C-262.
The board supports the principle set out in the United Nations Declaration on the Rights of Indigenous Peoples, and believes it should be enshrined in the laws of Canada. As such, the board supports Bill C-262 and its recommendation for the full adoption of the declaration into Canadian law. The board commends Mr. Saganash's initiative for introducing this important bill.
The declaration describes 46 articles by which the international community and Canada, as a signatory, can work to achieve socio-economic equality and end the systemic racism which has limited the development of indigenous peoples for far too long. In January 2017, our board released a statement welcoming Canada's decision to fully support the declaration without qualification. In this statement, we noted that “by taking actions that are meaningful, measurable, and concrete, Canada can demonstrate its commitment to the [declaration] and improve economic outcomes for all Canadians.”
The board has also commended the TRC's recommendation that Canada adopt and implement the declaration as the framework for reconciliation, including the development of a national action plan, as well as strategies and concrete measures to achieve the declaration's goals.
To date, your government has made bold and inspirational statements describing the Government of Canada's commitment to renewing the relationship between Canada and its indigenous peoples, and to moving forward with reconciliation based on recognition of rights, respect, and partnership. In fact, Prime Minister Trudeau has stated that “No relationship is more important to Canada than the relationship with Indigenous Peoples.”
Furthermore, in their mandate letters, Minister Bennett and Minister Philpott were directed to be part of the working group of ministers on the review of laws and policies related to indigenous peoples. The working group was tasked, among other things, with ensuring that the crown is fully executing its legal, constitutional, and international human rights obligations and commitments. Minister Bennett was specifically directed to work with the Minister of Justice to implement the declaration in full partnership with indigenous peoples.
Although we acknowledge recent steps taken by the government to implement the declaration, recent and upcoming reports released by our board show that there are still significant gaps between indigenous and non-indigenous Canadians in terms of completion of high school, university completion, labour force participation, employment, average annual income, and overall quality of life. Therefore, our board strongly believes that Bill C-262 would allow Canada to take concrete action towards achieving true reconciliation with indigenous peoples.
Implementing Bill C-262 would enshrine the declaration in law today and for future generations, require the review of federal laws to ensure consistency with the standards set out in the declaration, require the federal government to work with indigenous peoples to develop a national action plan to implement the declaration, and require annual reporting to Parliament on progress made toward the implementation of the declaration. Our board believes that these requirements would promote and strengthen the spirit of partnership and mutual respect that marks Canada's stated commitment to reconciliation.
Among the declaration's articles, and of particular interest to our board, is article 3, which states that, “Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” Article 4 states, “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.”
Indigenous self-determination is foundational to the board's vision of vibrant indigenous economies, characterized by economic self-sufficiency and socio-economic equality with the rest of Canada. To achieve self-determination, however, the right conditions for success are essential. In this sense, article 21 of the declaration states:
Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions....
States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions.
The board also believes that implementing the declaration would ensure the protection of reserve lands and traditional territories, and would allow for reserve sizes to go back to what they originally were. In this sense, article 8 calls upon states to “provide effective mechanisms for prevention of, and redress for any action which has the aim or effect of dispossessing them of their lands, territories or resources.”
Article 10 further underlines this protection by stating:
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
Article 26 is also relevant in this regard, as it calls upon states to give legal recognition and protection to the lands, territories, and resources which indigenous peoples have traditionally owned, occupied, or otherwise used or acquired.
In the past, our board has recommended that the Government of Canada take necessary steps to ensure that the standards set out in the declaration are met, and that it report annually on its progress toward these goals.
Specifically, we recommend that Canada ensure that indigenous peoples have equal economic opportunities in community development, education, employment, and access to capital; that indigenous communities have equal access to health care, clean water, safe and reliable housing, and healthy affordable food; and that Canada work in mutual partnership with indigenous people to develop legislative and policy alternatives to the Indian Act that would give further expression to the governance powers of indigenous peoples, and how they co-exist with the powers of the federal, provincial, and territorial governments.
Our board was, therefore, pleased to see that Bill C-262 aligns with our recommendations. We strongly believe that Bill C-262 will actively contribute to the reconciliation process in our country.
In closing, we believe that moving forward in the spirit of reconciliation, and rewriting laws and policies requires that we always work together to make sure that policies are not punitive or regressive, but that they are modern, innovative, progressive and, above all, fair.
As indicated in the declaration, “States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.”
Meegwetch. Thank you, Madam chair.