Evidence of meeting #97 for Indigenous and Northern Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was peoples.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Ana Stuhec  Acting Assistant Deputy Minister, Aboriginal Affairs Portfolio, Department of Justice
Hubert Lussier  Assistant Deputy Minister, Citizenship, Heritage and Regions, Department of Canadian Heritage
Stefan Matiation  Acting Director General and Senior General Counsel, Aboriginal Affairs Portfolio, Department of Justice
Dominique Blanchard  Assistant Deputy Minister, Public and Indigenous Affairs and Ministerial Services Branch, Department of the Environment
Brent Parker  Director, Legislative and Regulatory Affairs Division, Canadian Environmental Assessment Agency
Robert Lamirande  Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans
Genevieve Carr  Acting Director General, Indigenous Policy and Coordination, Department of Natural Resources
Terence Hubbard  Director General, Petroleum Resources Branch, Energy Sector, Department of Natural Resources

5:10 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Okay.

5:10 p.m.

Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

Robert Lamirande

We are also actively negotiating in partnership with our colleagues at indigenous relations.

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

How are these impacted by UNDRIP, or will they be?

5:15 p.m.

Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

Robert Lamirande

I think they will be informed by UNDRIP, obviously. I think what we're looking at is really a bottom-up approach in terms of respecting what groups are seeking in terms of involvement in fisheries, oceans, or marine safety, to give effect to the relationship through agreements that helps codify and put in place rules and responsibilities through joint decision-making or shared decision-making governance structures—

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

How about the treaty—

5:15 p.m.

Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

Robert Lamirande

—along with the capacity and the support—

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Okay.

5:15 p.m.

Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

Robert Lamirande

—that's needed to participate in those processes.

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

How will the treaty negotiations be impacted by this bill?

5:15 p.m.

Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

Robert Lamirande

I think it will inform our negotiations in terms of going forward. We'll be seeking to put in place decision-making processes that address the rights and interests of indigenous groups and that support their involvement in processes.

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

The Fisheries Act contains provisions for indigenous Canadians to harvest fish for social or even ceremonial purposes—

5:15 p.m.

Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

—or for purposes set out in a land claim agreement so an important component of managing a particular fishery requires a sound understanding of the fishery size or biomass, and how much the biomass is being harvested year to year.

How does your department acquire and assess the data?

5:15 p.m.

Director General, Indigenous Affairs and Reconciliation, Department of Fisheries and Oceans

Robert Lamirande

It's a science-based department. With scientific research in terms of stock assessment work on the levels of abundance, consistent with the protections provided under section 35 of the Constitution, the department gives priority to food and social ceremonial fisheries, whether through treaty or general operational practices. As well, the supporting commercial fisheries access through those processes....

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

I'm going to go to the environment. I have 30 seconds and a little bit left. Just one question.

5:15 p.m.

Liberal

The Chair Liberal MaryAnn Mihychuk

You have 10 seconds.

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Bill C-69 builds engagement, co-operation, and collaboration with indigenous groups, but there must be consent in order to proceed with major projects.

Is that right or wrong that there must be consent?

5:15 p.m.

Director, Legislative and Regulatory Affairs Division, Canadian Environmental Assessment Agency

Brent Parker

Like my colleague flagged earlier, the aim is to secure that free, prior, and informed consent. There are a number of measures introduced through the impact assessment act that build a process through which we could mutually agree to a process and aim to achieve that.

5:15 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

I'm sorry that we didn't have more time.

Thanks.

5:15 p.m.

Liberal

The Chair Liberal MaryAnn Mihychuk

Moving on to questioner Romeo Saganash.

5:15 p.m.

NDP

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

Thank you, Madam Chair.

Thanks to the witnesses.

I think a lot of the purposes and objectives of Bill C-262 have a potential of impacting all of your departments, and I'm glad to have you here today.

One of the simple questions I would start with is that I wonder if any of your departments have sought or obtained a legal opinion on Bill C-262 and how it would impact your work.

5:15 p.m.

Liberal

The Chair Liberal MaryAnn Mihychuk

Maybe you want to direct your question.

5:15 p.m.

NDP

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

I'm asking all three of them, because this bill has an impact on natural resources, on fisheries and oceans, and on the environment. I imagine that all three departments have asked for a legal opinion on the impacts of Bill C-262.

5:15 p.m.

Assistant Deputy Minister, Public and Indigenous Affairs and Ministerial Services Branch, Department of the Environment

Dominique Blanchard

At Environment Canada, we work closely with our colleagues at Justice who are part of the department, on a case-by-case basis. As a new regulation or a new piece of legislation is contemplated, we seek advice from them on that case-by-case basis.

5:15 p.m.

NDP

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

You got advice?