Indigenous and Northern Affairs Committee on Feb. 2nd, 2021

[The Chair, Liberal, Bob Bratina]

Ladies and gentlemen, guests of the committee, I see that we have quorum. We have our guests in place. Accordingly, I call to order this meeting of the indigenous and northern affairs committee.

We will begin as usual by acknowledging that in Ottawa, when we meet there, we're on the traditional territory of the Algonquin people. I'm located on the traditional territory of the Haudenosaunee, Anishinabe and Chonnonton first nations.

Pursuant to the order of reference from the House on December 10, 2020, the committee is continuing to study Bill C-8, an act to amend the Citizenship Act, regarding the Truth and Reconciliation Commission of Canada's call to action number 94.

To ensure the meeting is orderly, especially for our guests just joining us, it's critical that we have a clear and proper translation. That requires you to locate the interpretation icon, which is at the bottom centre of the screen, and select English, which I'm going to do right now, or French, whichever language you wish to speak in and hear.

That being said, the other thing I want to assure you of is that we keep fairly strict on timing in order to get through the complete cycle of questions. It may seem that we are cutting off answers that are important—and they are all important—but we do need to have the timing in place, which is rounds of questions of six minutes, five minutes, two and a half minutes, and so on, so that all of our questioners get in.

With our guests having that information, we're going to open up with six minutes of presentation, starting off with Ms. Poitras.

Please go ahead, for six minutes.

[Regional Chief Marlene Poitras, Alberta Association, Assembly of First Nations]

[Witness spoke in Cree as follows:]

tânisi, kitamiskâtinâwâw kahkiyaw.

[Cree text translated as follows:]

Hello, I shake all your hands.

[English]

Members of the committee, friends and relatives, thank you for inviting me here today to share the perspectives of the Assembly of First Nations. I'm honoured to be on the unceded territory of Treaty 6.

Before discussing the proposed legislation, I would like to give committee members a brief history of the Assembly of First Nations advocacy and leadership that led to the creation of the Truth and Reconciliation Commission's calls to action, the reason we are all here today.

Prior to the creation of the TRC, the AFN was a party to the Indian Residential Schools Settlement Agreement. At that time, we stressed that compensation alone would not achieve the goals of reconciliation and healing. Rather, a comprehensive approach would also require truth-telling, healing and public education. From this, the TRC was created, resulting in 94 calls to action. I thank everyone involved in the commission, including recently retired senator, Murray Sinclair.

It has now been almost six years since the release of the final report of the TRC and its calls to action. While progress to implement all 94 calls has been slow, I am hopeful that this government's recent attempt to implement calls to action finally proceeds. We cannot waste time anymore. Ensuring first nations are included in Canada's citizenship oath will go far to symbolically affirm what first nations have known all along and what is already inferred in Canada's constitution: Our aboriginal and treaty rights already existed prior to the creation of Canada.

Here in Alberta, Treaty 6, Treaty 7 and Treaty 8 first nations are sovereign peoples and nations. Treaties were signed to allow us to share the land and to allow for peaceful coexistence. They were not agreements by first nations to give up their sovereignty, laws, forms of governance or right to self-determination over the lands and their people. While true reconciliation goes beyond implementing all 94 calls to action, implementing this initiative will better enable new Canadians and first nations to begin the journey of peaceful coexistence.

Each year hundreds of thousands of people decide to become Canadian citizens. Hundreds of thousands of people decide to call Canada their home by taking the citizenship oath. I have heard many who have attended these citizenship ceremonies remark on the emotional significance of this day. Many of these people have their own experiences of colonization and its effects. Many of these people share first nations' love and respect for each of our sacred lands, languages and cultures. For every year this initiative is delayed, we are delaying our ability to meet one another and our ability to start on this journey of peace and prosperity.

The AFN has been involved in discussions on the citizenship oath since 2016. We have worked with the honourable minister and his predecessors, the Inuit Tapiriit Kanatami and the Métis National Council to develop language that reflects our unique histories and the contributions of Canada's indigenous peoples. The language contained in the bill differs from language put forward by the AFN. In 2017, our executive committee provided the following language as a guide, “I swear (or affirm) that I will be faithful and bear true allegiance to her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the inherent rights, titles, treaties and agreements with First Nations and the rights and agreements with Métis and Inuit peoples, and fulfill my duties as a Canadian”.

The inclusion of “inherent rights, titles, treaties and agreements” is important as it affirms Canada's legal obligations to first nations. These obligations are shared by Canadian citizens as well. As National Chief Perry Bellegarde so often says, “We are all treaty people.” That is why the AFN has been involved in providing guidance to Canada on changes to its citizenship test and accompanying materials as called for in call to action 93.

We are hopeful that with the passing of this legislation newcomers can begin to use the citizenship test and guide to develop a better understanding of the legacy of our many contributions to Canada, and the potential we all have in working and prospering together.

I'm also aware of the role the citizenship guide plays in its use as an educational tool in elementary and secondary schools across many parts of Canada. The time is now to implement these changes. Canada is reconciling with its past and renewing a commitment to a future free of racism, discrimination and intolerance. It is only through ensuring that Canadians understand this past and the ongoing injustices that we can move forward together.

This legislation represents a significant step. The only way we can truly reconcile past and ongoing injustices is by all of us, indigenous and non-indigenous peoples alike, working together to find a way forward.

I look forward to answering your questions.

Hay-hay. Knanâskomitinâwâw.

[The Chair, Liberal, Bob Bratina]

We now have Mr. St. Pierre, the national chief of the Congress of Aboriginal Peoples.

Please go ahead.

[The Clerk of the Committee, Mr. Naaman Sugrue]

I'm sorry, Mr. Chair. Chief Poitras is our only witness for this panel.

[The Chair, Liberal, Bob Bratina]

I'm sorry, Chief. I apologize for that. I'll do that formal introduction in the second part. I thought that perhaps we were moving the panels around.

With that, we will start a round of questioning, a six-minute round first of all, with Raquel Dancho.

Please go ahead.

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

Thank you, Mr. Chair.

Thank you, Chief Poitras, for your excellent remarks. I really appreciate the thought that went into those. I took a lot of notes. I have a number of questions that I'd love your perspective on.

On what you touched on a bit at the end, I wasn't familiar with or aware of the recommendation from the AFN for the oath change. I found it very interesting. It's much different from what the government has put forward. I know that in call 94, as everyone knows—just for the purposes of the committee, I'll state it again—it was going to be just four extra words, “including Treaties with Indigenous Peoples”. Now we have “including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis”, and then it goes on to finish.

I just wanted to get your thoughts generally. Do you like how it's being put forward now? Would you perhaps want a different change somewhere between what you put forward and what's there now? I just wanted general comments on how you think it looks and if you think it's good to move forward.

[Regional Chief Marlene Poitras]

I recognize that the Constitution is the highest law of Canada, and treaty and aboriginal rights are recognized in there. I'm good with the way the wording is, but if we can include “inherent rights”.... We believe that our inherent rights are something that was bestowed on us from time immemorial and that treaties came after that. Those treaties were made with the Crown, so if Canada wants to include the Canadian Constitution, they also have a fiduciary obligation for that, so I'm fine with that.

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

I appreciate that.

We've been looking at the last five years. You've mentioned that you were first consulted in 2016. Our understanding is that's when it began. Then we had sort of three introductions of very similar bills in that time, through three ministers. Finally, after five years of work at the committee stage, which is quite far from the end of passing it and getting it royally proclaimed into law and then having new citizens say the words, we're still a far way off.

I have concerns that if there's a spring election or something like that, we might get further delayed and have to start from the beginning. Do you have any concerns about the length of time that this one step has taken? We have 94 of them. I'm just concerned that if we keep going at this pace we'll never get there.

[Regional Chief Marlene Poitras]

Yes, I do have a concern, because to me this is an easy thing to do. You just have to change your wording or insert the wording to include “Aboriginal and treaty rights”. To me, that shouldn't take long. It shouldn't have taken this long.

Yes, I do have a concern, because for true reconciliation to occur, I believe this will be a great first step in that process. It will be beneficial for all of us.

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

Absolutely.

Last week in committee the minister did mention a bit about number 93, which kind of goes hand in hand with the citizenship oath. It's the citizenship guide that new Canadians, as you know, have to study to take their test to officially become Canadian.

In the last five years have you been consulted at all on what would be included in a new citizenship guide?

[Regional Chief Marlene Poitras]

I have not, that I'm aware of, nor has the executive. However, I believe the national chief has been involved in those discussions directly with the minister.

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

Okay. What would you like to see included in that, from your perspective? I know there are probably many things, but just for the purposes of the committee, if you could give us a few examples, that would be great.

[Regional Chief Marlene Poitras]

Our people, first nations people, are ceremonial people, which was indicated when we negotiated those treaties. It was done in a ceremony. The land acknowledgement that people do now is ceremonial in itself. What I would like to see is an official welcoming, possibly by our elders, as part of that welcoming process for the new citizens of Canada.

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

That's a great idea. I think it would be lovely. You mentioned ceremony. I think it's wonderful to move through the truth and reconciliation process. We have so much pomp and circumstance in the Westminster-style democracy that we have, and to start incorporating the ceremonies of indigenous peoples I feel would really elevate it. That would make it even more historical and important. I really appreciate those comments and I know the opposition parties will be ensuring that the government puts significant thought into what it includes in the citizenship guide. I hope you are consulted and that the ceremonial importance, that part of it, is introduced to new Canadians, who may not be familiar with many of the ceremonies of first nations people in this land. I appreciate your comments very much.

We have about 15 seconds left. Is there anything else you'd like to share in conclusion?

[Regional Chief Marlene Poitras]

It's exciting that this discussion is occurring, even though it has come to the table for the third time. I'm hopeful and optimistic that this time it will go forward.

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

I appreciate that. Thank you, Chief.

[The Chair, Liberal, Bob Bratina]

Thanks, Ms. Poitras.

Thanks, Ms. Dancho.

Mr. Powlowski, you have six minutes. Go ahead, please.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

Thank heavens I'm number two and not number three or four, because with one paragraph here it's getting harder to ask new questions. Ms. Dancho stole both my questions. I thought after the first, I still have the second one. Then she went on to ask the second one, too, so I'm really ticked off here. I'm hunting. Even more complicated is that, as Chief Poitras has already said with respect to the issue of including a reference to the Constitution, it doesn't seem as though the Assembly of First Nations wants to die on this hill. It's okay with reference to the Constitution.

My understanding is that aboriginal rights are inherent rights. The Constitution, in reference to aboriginal rights in section 35, is pretty broad. It's been years since I went to law school, but as I recall, the Constitution is a growing tree, so the definition can evolve over time. I would have thought the reference to the Constitution would be more inclusive and more desirable than being limited to that wording.

Maybe you can just confirm that you're okay with the reference to the Constitution. I think that's the big question before committee, and I know the Bloc doesn't really want it there.

[Regional Chief Marlene Poitras]

I've done my research and have read about the Bloc and its concern with the Constitution. We have to acknowledge that inherent rights and treaty rights preceded the Constitution and are contained in there. There are also a number of court cases that affirm first nations treaty rights and title and aboriginal rights and title, so I think it's incumbent on the legislators to ensure that these aspects be included in the bill.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

With regard to my second question—again, Ms. Dancho touched on this, but I'd like to word it in a different way—the citizenship guide is what all new Canadians study before they become citizens. It asks a bunch of esoteric questions such as why they make steel in Hamilton. I look at it and wonder why they're asking these kinds of questions, but this is an opportunity for new Canadians to get to know the country and to set out what we think are the important things about being Canadian.

What would you say if you were talking to a new immigrant? What would you like them to know about indigenous peoples and their contribution to Canada?

[Regional Chief Marlene Poitras]

I want to share a story that I had with my hairdresser, who was going through the immigration process in Canada. She was telling me a bit about what she was learning, but she had no idea about the residential schools. I proceeded to educate her and she did some research, and when I come back to see her, she was telling me all of what she'd learned.

To me, indigenous people, through the signing of the treaties, have contributed to Canada, and I think it's time that was recognized. We continue to contribute.... Signing those treaties and agreeing to live in peaceful coexistence says a lot about aboriginal people or first nations people in this country.

It's important that it's recognized, but it's also very important that people learn about our history. When you talk about truth and reconciliation, it's about truth and going to the past. As bad as it was, it's also important that we acknowledge it and reconcile and move on, so that we can become partners and live in peaceful coexistence as it was determined in those treaties.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

Do I have any time left, Bob?

[The Chair, Liberal, Bob Bratina]

Yes. You have one minute before I get to my explanation of the question you posed.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

You've covered a couple of things that you'd want in the citizenship guide. Can you think of other parts of indigenous history that you think indigenous peoples would want new Canadians to know about because they might not know about it?

I'm in Thunder Bay and we have a large indigenous population, but that's not the case in a lot of parts of Canada. Most immigrants go to Toronto, Montreal or Vancouver.

Is there anything else in the history that you would say we're particularly proud of and want new Canadians to know about?

[Regional Chief Marlene Poitras]

Our history precedes any of the books that were written. For example, when I go home, there are books that were written by the nuns or the priests, and the history starts from their era.

Our ancestors fought hard for the land. They maintained the land and entered into agreements with the newcomers. I think it's very important to include our culture and our traditions and show how we are very welcoming to anybody and want to work together in a good way.