I'll do it in the two official languages, starting with French.
[Witness spoke in Innu as follows:]
Kuei! Tshika itatunau nutam etashiek tshipushukatitunau.
[Witness provided the following translation:]
Hello and thank you all very much.
[Translation]
The Assembly of First Nations Quebec-Labrador, or AFNQL, wishes to thank the standing committee for the opportunity to present its brief, as part of the study of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples. The AFNQL is a forum for the chiefs of 43 first nations communities in Quebec and Labrador. At the heart of its mission and objectives are the affirmation of and respect for first nations laws, the recognition of first nations governments, the coordination of first nations' positions and the representation of their positions and interests before various forums.
Please note that the AFNQL is tabling a brief that will detail its views on Bill C-15. With all due respect, I want to make it clear that the brief reflects the positions of a majority of first nations in our region. You have heard or will hear the position of the Cree nation. That nation's way of thinking deserves our respect, even though our brief will confirm that we do not necessarily share the same views.
By tabling its brief, the AFNQL is requesting that amendments be made to clarify and strengthen certain parts of Bill C-15, a bill of the utmost importance. To this end, the AFNQL chiefs unanimously adopted a motion that “amendments to Bill C-15 are a minimum condition in order for the AFNQL to even consider supporting the bill.”
In fact, the implementation of the rights and principles from the Declaration for the Survival and Welfare of Indigenous Peoples Located in Canada requires that Bill C-15 take a greater step to move beyond the status quo.
To be clear, the chiefs support the principle of a bill that proposes the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. However, they cannot support Bill C-15 in its current form. The bill must go much further. The political context in Quebec, which conditions the relationship between first nations and the provincial government, deserves particular attention. We have to deal with a provincial government that refuses any discussion on the implementation of the declaration in Quebec, despite a resolution from its national assembly, which commits it to negotiate the terms of its implementation.
Next, the constitutional validity of the Act respecting First Nations, Inuit and Métis children, youth and families, Bill C-92, passed in 2019, is being challenged by the Quebec government in the Court of Appeal. With the federal government considering the introduction of additional federal legislation, including in the areas of first nations health and policing, it is essential that the legislative context be conducive to ensuring that all future federal legislation is consistent with the rights and principles of the declaration.
The implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Canada must be done in true partnership, nation-to-nation, that is, with indigenous peoples, and must generate concrete results for the members of our communities. The Prime Minister's commitments to reconciliation are clear, but they are somewhat less clear about results. It is important to note that reconciliation in the Canadian political framework involves a clear commitment from the provinces as an essential condition for any progress in relations with first nations.
In closing, this measure cannot be treated as a form of relinquishment by first nations governments of their areas of jurisdiction, over which first nations will continue to fully exercise their right to self-determination.
Indeed, our region has carried out a vigorous examination of the bill, and we conclude that essential amendments are required so that it meets the minimum standard of legal and political acceptability. Several provisions of the bill must be amended to move beyond the status quo, including achieving certainty that the provisions of the UN declaration will be applied to interpret section 35 of the Constitution Act, 1982, and to enable the effective implementation of UNDRIP in Canadian law.
The following amendments of Bill C-15 have been identified for the bill to meet the minimum standard.
One, during a discussion with the AFNQL on March 12, Mr. Lametti indicated that his understanding was that UNDRIP should serve to interpret section 35. The statement has also been made by Minister Bennett and the AFN. Unfortunately, section 2.2 of the bill fails to clearly state this and meet this standard.
Therefore, section 2.2 should be amended to expressly state that the laws of Canada, including section 35, must be interpreted in accordance with the rights and principles derived from UNDRIP; and that the law does not operate to abrogate or limit the aboriginal treaty rights of indigenous peoples recognized in the current section 35.
Two, the wording in this same section concerning non-derogation should therefore be removed from this provision.
Three, we are also concerned about overreliance on an expansive preamble that fails to reflect the substantive provisions of the bill. In numerous preamble provisions, the body of the bill most importantly, our region has identified that the bill must include a substantive provision in the body of the bill devoted to the remediation of the doctrine portion of discovery in Canadian law.
Four, finally the bill must include a provision requiring that all courts consider the rights and principles of UNDRIP when ruling on matters, issues or subjects directly or indirectly affecting aboriginal and treaty rights of indigenous peoples.
These amendments are what is minimally required for this bill to obtain support from the Assembly of First Nations Quebec-Labrador, and our written brief also proposes additional amendments that should be considered.
The FNQL deplores the fact that the emergency regarding the adoption of the bill to implement the declaration has lasted far too long, and that we are now being asked to support this bill under duress. A bill of such great importance cannot be subject to instrumentalization with urgency as its sole argument.
The FNQL fully supports the principles of UNDRIP, however, the FNQL opposes Bill C-15 in its current form and has clearly indicated which amendments could be made to make it more acceptable. This is not necessarily a missed opportunity, and Canada can still do what it takes.
Merci beaucoup. Tshi mishta nashkutimtinau. Thank you very much.