Madam Chair, I'll be doing this in French, if anyone needs the earpiece.
Members of the committee, I am joined today by Francis Walsh, a member of our committee on the law and indigenous peoples, as well as Julien Pelletier-David, our special adviser on access to justice.
We are very grateful for the opportunity to share our views on Bill C-262 with the committee.
The Barreau du Québec supports this important bill, which seeks to harmonize Canada's laws with the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly on September 13, 2007 and signed by Canada on November 12, 2010.
This international instrument is the result of a lengthy process that began in the 1970s. It provides guidelines to states, the UN, and other international organizations on how to build harmonious relations with indigenous peoples based on the principles of equality, partnership, good faith, and mutual respect.
However, it merely represents a political commitment on the part of the states who voted in its favour.
Given that the declaration, itself, is not legally binding, provisions outside the realm of customary international law must be incorporated into domestic law in order to take full effect. This requires legislative measures. What's more, given that we have two levels of government, each must implement the declaration in accordance with its constitutional authority. Co-operation is therefore essential to the declaration's successful implementation. Keep in mind that full implementation hinges not only on good faith and legislative measures, but also, and above all, on funding.
The Barreau du Québec has repeatedly expressed its support for the adoption of the UN Declaration on the Rights of Indigenous Peoples, and we are here today to reiterate that support. Bill C-262 is hugely important to the advancement of the rights of indigenous peoples in Canada and should provide the normative framework for the policies that the Canadian government needs to adopt swiftly in its efforts towards reconciliation.
We believe that respect for the fundamental rights of indigenous peoples is a priority. Crime, victimization, and incarceration rates among indigenous peoples are appalling; in Quebec, the communities in Nunavik are especially affected. When the number of criminal records in a community nears or exceeds the size of its population, the question we need to be asking is where and how has the justice system failed to bring that number down. The question is not how many additional resources the system needs to handle the cases.
The Barreau du Québec is of the view that the way in which the justice system treats indigenous peoples is untenable. Back in 2013, the Barreau was criticizing the glaring lack of resources in northern Quebec. Working in the region, the Barreau came to the unequivocal realization that the gap between the justice apparatus and the indigenous communities it was supposed to serve was ever-growing. We are fully aware that the problem is not limited to Quebec, with all provinces plagued by the same issues. Too little has changed thus far.
All too often, the justice system is used to deliver a front-line response, taking the place of basic services. The significant lack of social, medical, and prevention-based resources creates a void that is filled by the justice system. Courts are frequently called upon to address the socio-economic failings. What's more, all of these services must make up for decades of trauma inflicted on communities.
The Barreau du Québec recently appeared before Quebec's public inquiry commission on relations between indigenous peoples and certain public services, in Val-d'Or, and made 36 recommendations to improve the situation. One of those recommendations was that Quebec adopt the UN Declaration on the Rights of Indigenous Peoples, as Canada is currently doing. We also proposed ways that the justice system could meet the needs of indigenous people.
Daunting though the challenge may be, it is nevertheless clear that every effort must be made to give Canada's indigenous communities maximal autonomy over their system of justice. Part of that is creating indigenous law institutes, as the Royal Commission on Aboriginal Peoples recommended in its report more than 20 years ago.
This endeavour requires far more than just cosmetic changes. A comprehensive reform is needed, and we are well aware that such a reform hinges on the clear political will of all stakeholders, not to mention adequate financial and human resources.
The Canadian government signed the UN Declaration on the Rights of Indigenous Peoples, committing to its full implementation in Canadian law. To that end, it is time for the government to turn its attention to the urgently needed changes that the country's indigenous people are owed. The declaration requires states to recognize the right of indigenous peoples to maintain their traditions, their legal customs and, where they exist, their systems of justice. Every level of government must exercise their constitutional authority and take appropriate action.
Openness, vision, creativity, and humanity must guide the eventual process of establishing legal systems that are truly tailored to the needs of indigenous peoples.
Simply passing Bill C-262 is not enough. In order to implement the UN Declaration on the Rights of Indigenous Peoples, the government needs to undertake a comprehensive review of Canadian laws and amend them accordingly. The Barreau du Québec applauds the creation of the working group of ministers on the review of laws and policies related to indigenous peoples and hopes that this long-awaited endeavour will bring real change. Still, there is no doubt that this bill is highly symbolic and meaningful, illustrating the government's commitment to implementing the declaration. Not only is it the first step towards implementation of the declaration, but it is also a step towards reconciliation.
In short, we urge the government to put the necessary measures in place to ensure harmony between Canada's laws and the UN Declaration on the Rights of Indigenous Peoples. This endeavour could ultimately lead to a more effective and equitable justice system for all Canadians. Bill C-262 is but the first step in the long road ahead.
I want to conclude by saying that the Barreau du Québec realizes just how much work lies ahead and extends its full co-operation in this essential effort towards reconciliation.
It is now my pleasure to turn the floor over to Mr. Walsh.