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

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Okay. I'm just trying to figure out why there's daylight between your wording, the TRC's wording and now the government's proposed wording.

[Regional Chief Marlene Poitras]

I'm not sure how because, personally, I haven't been involved in those discussions. Like I said, as long as we have our treaty rights, existing agreements and the title of first nations, Métis and Inuit, to me, that would go a long way.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Very good.

Mr. Chair, I put a motion on notice in the last meeting. I'm wondering if we could dispose of that motion at this point.

I put this motion on notice:

That, pursuant to Standing Order 108(2), the committee undertake a study on the cancellation of the Keystone XL pipeline and the potential loss of the Line 5 pipeline in northern and Indigenous communities, that the study take into account but not be limited to the impact on Indigenous businesses, jobs, economic prosperity, self-determination, and mutual benefit agreements as well as the efforts of the federal government to reduce greenhouse gas emissions and that the committee report its findings to the House.

[The Chair, Liberal, Bob Bratina]

If you're asking me, Mr. Viersen, my preference is that we don't lose the energy and direction that we've created with the meeting so far. I think we're having an excellent meeting on a complex topic, so I would prefer to hold that off for now and find an appropriate place to pick it up, if that's okay with you.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

That would be fine with me if you're willing to bring it up at the end of the meeting. This is my time when I have the floor. Therefore, I'm moving that motion. However, if you're willing to agree with me for some time at the end, I'd be happy to move it then.

[The Chair, Liberal, Bob Bratina]

We can do that. Thanks very much.

Now we go, for five minutes, to Mr. Battiste.

Please, go ahead.

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Thank you, Chief Poitras, for presenting in front of us. I think we're learning a lot.

I want to thank you for your leadership as well. I was part of the Assembly of First Nations national youth council when we were discussing the Indian residential school settlement, and I learned so much from the regional chiefs, as well as then national chief Phil Fontaine, about the importance of education and the importance of the Indian residential school settlement. As part of the co-chair, of course, I was part of the AFN executive at the time.

We've heard a great deal about the importance of education as part of the bill. As you are well aware, the constitutional law of Canada—which you've said a few times now—is the highest law of Canada and the supreme law of Canada.

A lot of people focus on section 35 of the Constitution of Canada, which recognizes and affirms the aboriginal and treaty rights, but I don't feel that people acknowledge and put as much weight on section 52, the supremacy law that you were referring to that recognizes that aboriginal and treaty rights, which include inherent and aboriginal title and all of the things the AFN was talking about, are actually the supreme law of Canada.

Do you feel that enough Canadians, new Canadians or old Canadians, understand that treaties and aboriginal rights are the supreme law of Canada? Do you think there's enough information about that?

[Regional Chief Marlene Poitras]

No, I don't think there's enough information. You're right—education is so important. I know that the treaty commissions in Saskatchewan and Manitoba have done an excellent job of educating about our treaties' being the supreme law of Canada, but I believe there needs to be more mass education so that people can understand it. Newcomers would be a great place to start.

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

I want to hold up something that I have from Treaty Education Nova Scotia. As part of our initiative—and you mentioned the other treaty commissions, Saskatchewan and Manitoba—we give this pamphlet out to all new Canadians. It talks about the terminology, our ancestral homelands, the constitution and treaties.

Do you think that would be a good step for Alberta to take so that all Canadians really understand the different treaty areas in your area, as well as understand the terminology that's appropriate when dealing with indigenous people? Do you think that's an important step moving forward?

[Regional Chief Marlene Poitras]

Absolutely. I think that anything we can do to educate others.... Also, in Alberta, we have a lot of traditional land use studies that were done. That speaks to the history of the ancestral lands and our history of hunting and trapping, because we were nomadic people and we travelled around. Those traditional land use studies are very important because they provide a lot of information about our history.

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Our advocacy as first nations has been strong for generations, but as part of that, we advocated very strongly for the inclusion of section 35 and section 52 of the Constitution.

Do you feel that including reference to the Constitution and reference to indigenous, aboriginal and treaty rights as the supreme law of Canada, which covers inherent title, respectfully acknowledges the inherent and treaty rights of indigenous people across Canada in a way that new Canadians could understand?

[Regional Chief Marlene Poitras]

Yes, because the new Canadians will be learning about our lives. Treaties are already recognized within the Constitution. I believe that in educating the newcomers, that's key. Like I said previously, I'm really excited for this process and that these discussions are occurring. This should have happened a hundred years ago.

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

With that, I just want to say thank you, Chief Poitras. As well, if you could, give my best to one of my favourite Albertans, Leroy Little Bear from Banff. He's one of the people I depend on for a lot of knowledge. He was so instrumental in my understanding of so many different concepts within aboriginal and constitutional law.

Thank you.

[Regional Chief Marlene Poitras]

I will. Thank you.

[The Chair, Liberal, Bob Bratina]

Thank you very much.

Ms. Normandin, you have two and a half minutes. Please go ahead.

[Christine Normandin, Bloc, Saint-Jean, QC]

Thank you very much, Mr. Chair.

Thank you again, Chief Poitras, for what you said in response to my last questions. I also thank you for taking the time to document and explain what you said.

If the bill had included the exact text of call to action number 94, it would not necessarily have been perfect—nothing ever is—but would it have been acceptable? It wouldn't have been perfect, but would it have been acceptable to you?

[Regional Chief Marlene Poitras]

Yes. Like I mentioned previously, my great-grandfather signed adhesion to treaty, and to include “treaty” in the citizenship oath—it is already included in the Canadian Constitution—would go a long way, because our ancestors fought hard. I know of elders who taught me a lot about treaty and who have passed on. They said that they had been at it for 50 or 60 years of their lives in advocating for this to occur. With it happening now, it's exciting, and I'm glad to be a part of that.

[Christine Normandin, Bloc, Saint-Jean, QC]

Thank you.

For the Bloc Québécois, there is the issue of the Constitution, but all parliamentarians will have to work together to finalize the bill.

Do you think it would be a good thing for us to try, if possible, to achieve unanimity on the bill, or even speed it up so that it can be passed before the next election?

[Regional Chief Marlene Poitras]

Absolutely. I think that by all parties coming together unanimously on this, it's a good indication that our treaties and our inherent rights are being recognized in the way that they should have been a long time ago. I believe that will go a long way in building trust with indigenous people in Canada.

[Christine Normandin, Bloc, Saint-Jean, QC]

Thank you very much, Chief Poitras.

I think that's all the time I had, Mr. Chair.

[The Chair, Liberal, Bob Bratina]

Thank you so much.

Ms. Kwan, you have two and a half minutes. Go ahead.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair.

Just to follow up on the last question I was asking about education, I'm wondering, aside from the content around the rights of indigenous, Métis and Inuit people, are there any specific initiatives that you think the government should embark on, actions to do that education?

[Regional Chief Marlene Poitras]

I think it would go a long way to have the education start in the grade schools, where the children can start to learn about our history. To me, that would be a start.

If we had that education within the curriculum, it would help in addressing the systemic racism that exists. People can learn about our history and learn about the contributions we've made to Canada.

[Jenny Kwan, NDP, Vancouver East, BC]

Do you think the Canadian government should produce this educational material for the provinces and territories?

Right now, as it stands, each province has its own take on educational materials, so there are no standardized educational materials out there.

I'm wondering whether or not there should be a body who will do that work, so that it's consistent and utilized across the country.

[Regional Chief Marlene Poitras]

I think that's good, but each territory has different aspects to their history. You can't introduce something that's going to be “this is the history”. It also has to incorporate other aspects.

One of the greatest tools that I've seen is from the treaty commissioner in Saskatchewan. They have all this excellent material, and I think that would be a good place to start. However, each region I believe would have to do their own, because of their unique history in this country.