Indigenous and Northern Affairs Committee on Jan. 28th, 2021

[The Chair, Liberal, Bob Bratina]

Seeing as we have quorum and a busy agenda, I'm going to call this meeting of the Committee on Indigenous and Northern Affairs to order. We always start by acknowledging that in Ottawa we meet on the traditional unceded territory of the Algonquin people. I am seated here in Hamilton East—Stoney Creek on the traditional lands of the Haudenosaunee, Anishinabe and Chonnonton first nations.

I believe everyone here has been involved in a Zoom virtual meeting, so I think you are aware of all the situations, but I'd like to stress that it's important that we can't properly run the meeting without clear and effective translation, and that requires that you have the correct selection on the translation globe at the bottom centre of your screen, and that you select the floor, English or French. When you speak, please do so clearly and slowly. Please have your microphone on only when you are speaking, and that will help things along.

We're very pleased to have with us by video conference for the first hour Marco Mendicino, Minister of Immigration, Refugees and Citizenship, accompanied by the following department officials: Natasha Kim, associate assistant deputy minister, strategic and program policy; and Alec Attfield, director general, citizenship.

Welcome to all of you.

Minister, welcome to our committee. We invite you to make an opening statement of about six minutes, if you could, and then we will move on to questions. Please go ahead.

[Marco Mendicino, Liberal, Minister of Immigration]

Thank you very much, Mr. Chair and colleagues. Thank you for inviting me to appear before you on this important piece of legislation.

Before moving forward, I would also like to acknowledge that I'm joining you today virtually from the traditional territories of the Mississaugas of the Credit. It's an honour to appear before this committee in support of our new government's bill to amend the oath of citizenship to ensure that new Canadians understand the role of indigenous peoples in this country's past and present and in our collective future.

As you know, Mr. Chair, our government is firmly committed to implementing the Truth and Reconciliation Commission's calls to action.

Our government also strongly believes that it must acknowledge past wrongdoing in our country's relationship with first nations, Inuit and Métis people.

We aim to continue to build relationships with indigenous peoples based on recognition of rights, respect, co-operation and partnership.

As members will recall, the Truth and Reconciliation Commission's call to action number 94 puts forward a recommendation to amend the oath of citizenship to add a reference to “including Treaties with Indigenous Peoples”. Our government made a clear commitment to implement the Truth and Reconciliation Commission's calls to action, and this bill is one of the many ways in which we are acting on it. This bill is especially important because the citizenship oath is much more than just words. It's an acknowledgement of newly gained rights and a commitment to fulfill one's responsibilities as a citizen. It's a commitment to Canada—past, present and future.

When considering the new language in the oath, we worked very closely with first nations, Inuit and Métis leaders. We've also engaged experts and the public across Canada. The wording put forth in this bill responds to call to action 94 and reflects the commitment to indigenous rights outlined in section 35 of the charter, which is shaped by the substance of what we heard during our extensive consultations. The language in the new oath reflects the spirit of the call to action and input from first nations, Inuit and Métis partners.

The bill that we've introduced reflects a revised proposal for an oath of citizenship that incorporates the principle of reconciliation with the hope of instilling it in new citizens.

To further enhance newcomers' understanding of the oath, Immigration, Refugees and Citizenship Canada is also working to revise the citizenship guide and knowledge test to include more information on the diverse indigenous peoples of Canada. This responds to TRC call to action 93. To that end, the department is continuing to consult with national indigenous organizations, indigenous leaders and advocacy groups. We will continue to do so and will work to reflect on, and include, all the feedback we receive.

We have also been working to increase indigenous representation at citizenship ceremonies. When I have personally attended these ceremonies where an elder has joined to offer remarks or an opening prayer or blessing, I have also found it to be an enriching experience that allows us to start the proceedings in the right way and ensure that everyone involved has a better appreciation of indigenous traditions and values.

The citizenship oath, the revised study guide and test, and the enhanced indigenous presence in citizenship ceremonies together support the important work of reconciliation.

I think that the committee members will agree that the principle of reconciliation with indigenous people must be introduced to newcomers and prospective citizens early in their citizenship process.

By taking the oath, new citizens inherit the legacy of those who have come before them and the values that have defined our—and now their—country. Our history becomes their history, and their story becomes part of ours.

Now, with this bill, that story includes affirming the rights of indigenous peoples while instilling in new Canadians the obligation that all citizens have to respect these rights and uphold the treaties, agreements and other constructive arrangements.

These changes are an important and necessary step in advancing Canada's broad agenda of reconciliation and in strengthening our country's valuable relationship with indigenous peoples. The proposed amendment adds only a few words to the oath of citizenship, but the scope of this addition is immense.

Reconciliation is a national project, one that requires all of us. With this proposed change, the newest members of our Canadian family will now better understand their unique role in it.

Meegwetch.

[The Chair, Liberal, Bob Bratina]

Thank you very much, Minister, and thank you for your careful attention to selecting the right language. Those were the little pauses in between.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I think we've all had to learn that technique.

[The Chair, Liberal, Bob Bratina]

It certainly facilitates the translation. Thank you for your comments.

Also, I should say that I suppose most of us have attended and spoken at citizenship ceremonies. Here, I always like to start off in looking at people who come from ancient civilizations—from China, Syria and different places—and note that our own local history begins at least 11,000 years ago. Some of them are quite surprised. I'm happy to relate that when I speak to first nations people locally—and this is of course the retreat of the glaciers and our activities beginning in this area—they say, “Oh no, we were here long before that.” We all have a lot to learn, I think, about our histories.

Having said that, it's time to go to our round of questioners. The first group of speakers includes Ms. Dancho, Mr. van Koeverden and Ms. Normandin. I also have Ms. Mathyssen on my list, but I assume that's going to be Ms. Kwan.

Right now, we'll go to our first questioner, Ms. Dancho, for six minutes. Please go ahead.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

I want to start by saying that I'm joining virtually from Treaty 1 territory and the homeland of the Métis nation here in Manitoba.

The Conservatives were very happy to finally be discussing this bill. It's been a long time coming. As we know, former prime minister Stephen Harper officially did the formal apology for residential schools in 2008 and really helped usher in the process and appointed Senator Murray Sinclair as the chair.

Here we are, about 12 or 13 years later, finally discussing number 94 to change our citizenship oath. As Conservatives, we take very seriously the institutions and traditions of Canada. This is a very big deal to us, and we're very happy to be supporting this change and to have the minister here. Thank you, Minister Mendicino, for being with us today.

Before I ask my first question, I want to give a shout-out to my constituent Senator Murray Sinclair, who, as we know, is retiring from the Senate. If you're listening, thank you very much, Senator, for all your work in really changing the course of history for the better for indigenous people.

Minister, I have a couple of questions about the priority level for this for your government. We know it's been about five years in the making. Minister John McCallum, I believe, first started the discussions with an advisory group for this back in 2016. Minister Hussen, following him, introduced the first iteration of this bill, which of course died on the Order Paper in the 2019 election.

Then you got the role. You introduced it, and then, upon the Prime Minister proroguing Parliament, of course, almost an entire year of legislative work got wiped clean. We had to start from scratch in September.

Now here we are, about five months later, finally discussing this at committee. It's been five years, three ministers, three versions of this bill. I would like a commitment from you or some acknowledgement of what the priority level is for you to get this done. I want to hear that you're going to be taking this quite seriously, before perhaps a spring election, to ensure it gets passed. What level of priority is this for you?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I'm happy to take the question, Ms. Dancho. Before I answer, would you please also extend my gratitude to your constituent, Senator Sinclair, who has been a great supporter and a really inspirational voice in this discussion.

Of course, as you know, our government, stretching back to 2015, made a commitment to implement all the calls to action. I am the third minister. My sincere hope is that the third time is the charm. This was the first piece of legislation I introduced, and I certainly have continued to advocate for the amendment to the oath of citizenship, which is directly responsive to call to action 94.

As I mentioned in my introductory remarks, this is not just about changing the language in the oath. It's about making a solemn promise when you enter the family of citizenship, which—as you know and you've heard me say on many occasions—is one of the unique functions of this office. More importantly, I think it will serve as a broad educational tool for all Canadians about the role—

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

I would agree.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

—of indigenous peoples in our history and our traditions. That's why I'm very grateful for your support.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

I appreciate that.

I have the executive summary here and all 94 recommendations. I've flipped through them. My understanding is that this is one of the simpler ones to implement. A lot of good work needs to be done in here.

However, I do have concerns. It's been five years of this mandate, and I'm concerned that at this pace we may never quite get there, particularly because there are much more challenging ones we need to implement. This is a simpler one. I appreciate, though, that you're committed to doing everything you can.

You mentioned revamping the citizenship guide. How long has that been in the works? Minister McCallum was working on that five years ago, and it dropped off the mandate letter.

When are you planning to provide that to opposition parties? Also, can you commit to consulting indigenous leadership here in Manitoba?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Of course, I am committed to consulting with you and all parliamentarians, as well as with indigenous leaders right across the country, when it comes to updating our citizenship guide. Indeed, we are in the process of updating it. We want to be sure the new guide reflects indigenous history, traditions and principles. We also want to be sure the new guide reflects Canada's diversity and is inclusive of historically under-represented groups and the evolution of charter rights.

We're continuing to consult a wide range of experts so the new guide is a companion resource, not only for the purposes of acquiring citizenship but as an educational piece that better informs everyone about the vital role of indigenous peoples and reconciliation in our past, present and future. We hope to finalize it as soon as we can.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

All right. I think I have about one minute and 20 seconds left.

I have asked you this question before. I know you're a lawyer. You have a good legal understanding. Why the word “aboriginal” in your proposed oath amendment, rather than “indigenous”?

I studied indigenous history under Senator Murray Sinclair's son, Professor Niigaan Sinclair. My understanding is that “aboriginal” is an outdated term, but there may be some constitutional circumstances attached to “aboriginal” that I'm not aware of.

If we're going to change it after 40 years of one oath, then we'd better get it right. I would like to know why the word “aboriginal” and not “indigenous”.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I could not agree with you more that we do want to get this right. That's why this exercise before the committee is very important.

You're also correct, Ms. Dancho, that there is a legal and historical context to the use of the term “aboriginal”. It stems from section 35 of the charter. I would also point out that the Truth and Reconciliation Commission itself, in its original drafting of the recommendation under 94, used the term.

We have consulted, as I said, with first nations, Inuit, Métis and indigenous leaders across the country. We are looking forward to this committee's study of the language as presented—

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Okay, so it has some historical significance, but 94 in the book uses “indigenous”. It was your government that changed it to “aboriginal”. I'll take your word that it has legal significance.

I think that's my question, Chair.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

It's in section 35 of the charter, yes.

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Okay, good.

Thank you.

[The Chair, Liberal, Bob Bratina]

Thank you very much, Ms. Dancho.

Now, for six minutes, we go to Mr. van Koeverden.

Please go ahead.

[Adam van Koeverden, Liberal, Milton, ON]

Thank you very much, Mr. Chair.

I would also like to start by acknowledging that I am joining from the traditional territory of the Haudenosaunee, Attawandaron, Anishinabe, Huron-Wendat and most recently the Mississaugas of the Credit First Nation.

Thank you for joining us today, Minister Mendicino. It's very nice to see you and have a fresh face.

It's certainly nice to see you as well, MP Dancho. It's nice to have fresh people on here, especially people with such a thorough background on issues like this.

Minister Mendicino, this is an incredibly important piece of legislation. I'm going to keep my question very brief, because I'd like to hear from you, given that this is your piece of legislation.

Please provide your insight on why this is such an important piece of legislation and why important things like this take time. Perhaps also touch on how we are going a little more virtual with some of the ceremonies and testing, given the current context with COVID-19, and going forward with being able to do these from remote locations.

I pass the floor over to you for your personal insights. Give the committee a little bit of information. It's over to you.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Thank you very much, Mr. van Koeverden.

Mr. Chair, in answer to my colleague's question, I do think it's important to reflect on the origin of this call to action, which began with the concluding report of the Truth and Reconciliation Commission. It documented in painful and agonizing detail the historical injustices that were visited upon indigenous children and their families, where they were quite literally ripped apart from those who were there to take good care of them. Rights were ignored and treaties were terminated through assimilation and through the words of some of the government officials of that time. The government of the day would not rest until every last indigenous person was incorporated into the body corporate.

I believe that this is the source of the motivation to fulfill all of the calls to action that have been published by the Truth and Reconciliation Commission, as a meaningful step towards reconciliation.

This is one step. It does not reflect the entirety of our government's many efforts and initiatives on the journey of reconciliation, which we are taking in partnership with rights holders and indigenous leaders across this country. As I mentioned in my earlier answer to Ms. Dancho, I do think it is nonetheless a significant one.

Taking the solemn oath when one becomes a citizen is more than just a recitation. It is a commitment. It is also a responsibility. Part of that responsibility is learning about Canada's history, where we are today with regard to reconciliation, and where we would like to go in the future. It's one of the reasons why my sincere hope is that we will be able to amend this oath.

Of important note, I will say that we have been able to make some leaps and bounds with regard to the way in which we are undertaking our citizenship ceremonies. We're doing them more virtually. We've welcomed over 50,000 new citizens since the onset of the pandemic. We are also beginning to test individuals online.

With greater access and hopefully with an amended oath of citizenship, this will be an important contribution to reconciliation as we continue to enlarge the family of citizenship in Canada.

[Adam van Koeverden, Liberal, Milton, ON]

Thank you, Minister Mendicino. It's good to hear your insights.

I would like to also acknowledge and thank Senator Sinclair on this day and go on record and perhaps ask for unanimous consent, if that's a thing on committee—I'm not sure it is—to wish Senator Sinclair a happy retirement and a happy birthday. He celebrated his 70th birthday this week. His work over the course of his career as a senator, as a judge and in so many other ways has improved Canada in ways that I don't think this committee will ever really be able to fully comprehend or appreciate.

Mr. Chair, if I could in some way, I'll go on record as wishing Senator Sinclair not just a happy birthday but a happy retirement and thank him for all of his incredible work.

I think I have about a minute left. As my final question, I would like to ask Minister Mendicino why the government decided to change the wording, as proposed by the Truth and Reconciliation Commission of Canada. Why is that important? What practical implications does that have, if any, for new Canadians and for people who attend citizenship ceremonies? I'd just like to say that during my campaign I joined one and reaffirmed my citizenship. As a first-generation Canadian, it was very significant for me.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Thank you for the question, Mr. van Koeverden.

The most practical implication is that if we amend the oath, it will certainly change the wording of that oath to better reflect reconciliation with the proposed language that has been put forward in Bill C-8.

This allows me to also reaffirm some of the earlier answers that I gave to your first question on why this is important. This is a reflection of our government's commitment to move forward in partnership with rights holders and indigenous leaders on the path to reconciliation. It is directly responsive to call to action 94 and, of course, we look forward to continuing to work with all parliamentarians to achieve that important step as we move forward together.

[Adam van Koeverden, Liberal, Milton, ON]

Thank you, Minister Mendicino.

[The Chair, Liberal, Bob Bratina]

Thanks.

With the unanimous consent of the committee, I would be delighted to forward a letter on behalf of the indigenous and northern affairs committee, as you suggest, Mr. van Koeverden.

[Adam van Koeverden, Liberal, Milton, ON]

That would be wonderful.

Thank you, Mr. Chair, and maybe a birthday card.

[The Chair, Liberal, Bob Bratina]

Thanks very much.

Next we have Ms. Normandin.

Please go ahead for six minutes.