Evidence of meeting #22 for Indigenous and Northern Affairs in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was peoples.
A recording is available from Parliament.
Liberal
The Chair Liberal Bob Bratina
Thank you.
Mr. Clerk, before we get to Ms. Blaney, what is our time consideration with regard to translation and technical support?
The Clerk of the Committee Mr. Naaman Sugrue
There is another committee scheduled in this room for 3:30 p.m., so we will have to wrap up soon. A hard stop will probably be 2 p.m.
Conservative
Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON
Mr. Chair, I also have an S.O. 31 I have to get to the House for, so I'll have to leave very shortly as well.
Liberal
The Chair Liberal Bob Bratina
Okay. Could I ask Ms. Blaney to complete the round of questioning, and then we'll adjourn? Are you good with that?
Conservative
Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON
Otherwise, you can continue, and I'll have to go.
Liberal
The Chair Liberal Bob Bratina
We're going to do it that way, then.
Ms. Blaney, go ahead for two and a half minutes.
NDP
Rachel Blaney NDP North Island—Powell River, BC
Thank you, Mr. Chair.
Romeo, if I can come back to you, some concerns have been raised about section 2(2), the non-derogation clause, and that it would maintain the status quo in respect to the doctrine of discovery and the notion of terra nullius that have been used against indigenous peoples. Is that your understanding of this clause?
As an Individual
Yes. I've heard concerns, but it is not my interpretation of section 2(2). It's the opposite. If you read the first phrase of 2(2) carefully, it says:
This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35
That's pretty clear to me. That's a safeguard of the rights we have currently as indigenous peoples in this country, and not the contrary.
With respect to the other concerns with respect to terra nullius or the doctrine of discovery, I think those are rejected pretty firmly and pretty clearly in the preamble.
In my view, the only thing that's missing in 2(2), to clarify my point, is the fact that we need to add what the Supreme Court of Canada said with respect to aboriginal rights and treaty rights. They are not frozen in time and must continue to evolve.
I would add a section 2(4), after 2(3), that would say the rights of indigenous peoples, including treaty rights, must be interpreted flexibly to permit their evolution over time, and any approach constituting frozen rights must be rejected.
The Supreme Court of Canada in Sparrow said that the phrase “existing" aboriginal rights must be interpreted flexibly to permit their evolution over time. I think, to address the concerns of 2(2), adding a paragraph like this would clarify the situation and the intent of 2(2).
Liberal
The Chair Liberal Bob Bratina
Thank you, Mr. Saganash.
Mr. Melillo, With the time before us, is there a question you would like to bring forward now to the witnesses?
Conservative
Eric Melillo Conservative Kenora, ON
Mr. Chair, I appreciate that, but I think with the agreement we had, I'm fine to end the meeting there. I don't have anything too groundbreaking that I think wasn't touched on.
Thank you, though.
Liberal
The Chair Liberal Bob Bratina
I appreciate that.
Madame Gill, amendments will be allowed and should come forward during the clause-by-clause portion of our discussion, so there's opportunity ahead for amendments.
With that, thank you so much, panel. I think we got off in the correct spirit of what we're trying to accomplish here, and I appreciate that.
Liberal
Marcus Powlowski Liberal Thunder Bay—Rainy River, ON
Mr. Chair, can I interrupt?
You were going to address the question of the French versus English translation.
Liberal
Gary Anandasangaree Liberal Scarborough—Rouge Park, ON
I'm sorry, Mr. Chair. I thought you did address it, saying that it will be part of the amendments. If issues come up, I think we can definitely address them through the amendments. We look forward to receiving them. Romeo, Madame Gill will work with you to ensure that the spirit and the intent of the legislation is reflected in both official languages.
Liberal
Liberal
Lenore Zann Liberal Cumberland—Colchester, NS
Would it be possible to ask a very quick question to Mr. Saganash?
Liberal
Liberal
Lenore Zann Liberal Cumberland—Colchester, NS
I wanted to take Mr. Melillo's place if he didn't have a question.
Liberal
Liberal
Lenore Zann Liberal Cumberland—Colchester, NS
Thank you, Mr. Saganash, for being here and for all your hard work.
Liberal
The Chair Liberal Bob Bratina
You can offer a motion to adjourn, Ms. Zann, if you'd like. Thank you.