Indigenous and Northern Affairs Committee on June 15th, 2017

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Madam Chair, we've discussed on many occasions during deliberations of this committee the need to refer to the United Nations Declaration on the Rights of Indigenous Peoples.

As a matter of fact, many of the witnesses who came before us during consideration of Bill S-3 mentioned the need to recognize that this needs to be done on a proper basis from a proper framework. Many of them referred to their right to self-determination when discussing membership, registration, and other issues.

The new government has committed to implementation of the UN Declaration on the Rights of Indigenous Peoples, so it is only fitting that we include the UN declaration in that paragraph when the minister initiates the consultations with first nations and other groups. We need to refer not only to the Charter of Rights and Freedoms, as the bill suggests, and if applicable, the Canadian Human Rights Act. The important and fundamental dimension we need to include in that paragraph is the United Nations Declaration on the Rights of Indigenous Peoples.

In fact, I would argue, Madam Chair, that if you're going to undertake the process that's provided for under Bill S-3 as phase two, what we're trying to achieve here—if you carefully read the description of what's proposed to be initiated by the minister—is exactly article 9 of the UN Declaration on the Rights of Indigenous Peoples.

Article 9 of the UN Declaration on the Rights of Indigenous Peoples stipulates:

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

It is already a fundamental right that has been recognized by the UN Declaration on the Rights of Indigenous Peoples. It's already a human right that's provided for under that international human rights document.

In that sense, it would be only appropriate if we could include in the enumeration in clause 11, paragraph 2, the United Nations Declaration on the Rights of Indigenous Peoples. That is what the Truth and Reconciliation Commission has asked us to do as a country, as the framework for reconciliation in this country. That is what this new government has committed to do. All I'm proposing here is to assist in achieving that goal.

Thank you, Madam Chair.

[The Chair, Liberal, MaryAnn Mihychuk]

Thank you.

MP Cathy McLeod.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Thank you, Madam Chair.

We've talked about the time and the rushed process. We've even talked about an amendment that was submitted that we had a couple of days to contemplate, and we didn't understand all the ramifications.

On the surface, I can understand some of the arguments my colleague is putting forward, but certainly I have issues with a table drop at the last minute. I don't have a copy, so I can't.... It is a challenge. I truly wish we had had more time to have seen this with our package, and to at least have had an opportunity to have done a bit of due diligence before being asked to vote on it.

[The Chair, Liberal, MaryAnn Mihychuk]

MP Anandasangaree.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Thank you, Madam Chair.

I concur with Mr. Saganash. It's a wise amendment to section 11. I will be supporting this.

[The Chair, Liberal, MaryAnn Mihychuk]

All right.

Are we ready for the vote? We are voting on the amendment.

(Amendment agreed to on division [See Minutes of Proceedings])

(Clause 11 as amended agreed to [See Minutes of Proceedings])

We are now moving to the title, which I understand members would like to amend, with consensus of the committee.

The proposal is from MP Cathy McLeod.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Chair, through some of the testimony we've heard clearly there is some uncertainty. In my opinion, the bill aspires to eliminate sex-based inequities in registration.

There is some confusion. Some of our witnesses indicated this legislation did not accomplish that. We heard from the officials that it did.

I think the more appropriate title would be An Act to amend the Indian Act in response to the Superior Court of Quebec's decision in Descheneaux v. Canada. I would propose a title change.

[The Chair, Liberal, MaryAnn Mihychuk]

I understand that technically there may be some question. Given that I understand we have unanimous consent for the changing of the title, I will deem it appropriate to take that under consideration. Is there a discussion of the proposed amendment to the title?

Shall the title as amended carry?

[Some hon. members]

Agreed.

[The Chair, Liberal, MaryAnn Mihychuk]

Shall the bill as amended carry?

[Some hon. members]

Agreed.

[The Chair, Liberal, MaryAnn Mihychuk]

Shall I report the bill as amended to the House?

[Some hon. members]

Agreed.

[The Chair, Liberal, MaryAnn Mihychuk]

That concludes our business on Bill S-3.

I would ask members to be patient. We have a small amount of committee business to take care of.

I want to thank all the participants. We are going to move into committee business, so I'll ask you to leave the room, please.

[Proceedings continue in camera]