Indigenous and Northern Affairs Committee on April 15th, 2021

[The Chair, Liberal, Bob Bratina]

I may have—

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

I see on our list the Native Women's Association, the Pauktuutit Inuit Women of Canada and the Women of the Métis Nation.

[The Chair, Liberal, Bob Bratina]

I'm sorry about that.

Ms. Sharpe, are you going to make a presentation?

[Gerri Sharpe, Vice-President, Pauktuutit Inuit Women of Canada]

Yes, I am.

[The Chair, Liberal, Bob Bratina]

I'm sorry about that. Please go ahead.

Also, thank you, Mr. Viersen.

[Gerri Sharpe]

[Witness spoke in Inuktitut and provided the following translation:]

Good morning. I am joining you from Yellowknife and I am happy to be here.

[English]

President Kudloo has connectivity challenges this morning and sends her regrets.

The passage of Bill C-15 is important to all Inuit women and girls in Canada. Thank you for the invitation to appear before your committee on this legislation—

[Marilène Gill, Bloc, Manicouagan, QC]

Mr. Chair, I have a point of order. The interpreter says that the sound seems very distant and that this is making the interpretation difficult. Perhaps the witness can bring her microphone closer to her.

[The Chair, Liberal, Bob Bratina]

Thank you, Ms. Gill.

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

Ms. Sharpe, if you wouldn't mind bringing the microphone closer to you and speaking just a little more slowly and clearly, we hope we can continue with your testimony accordingly.

[Gerri Sharpe]

I'll continue.

Thank you for the invitation to appear before your committee on this legislation. With me today is Beth Symes, Pauktuutit's legal counsel.

I was born in Yellowknife to David Sharpe and Maudie Qitsualik. My mother is the oldest of 17 children born to Gideon Qitsualik. My grandfather Qitsualik helped shape Nunavut's land claims agreement, in which education and self-determination were key. He is also one of the seal hunters on the back of the 1972 two-dollar bill.

My childhood was spent in Nova Scotia and Gjoa Haven, an Inuit hamlet in Nunavut—

[The Chair, Liberal, Bob Bratina]

Ms. Sharpe, I'm sorry to have to interrupt this remarkable testimony from your history. Unfortunately, to have a properly conducted meeting, testimony has to be clearly interpretable so that our francophone members can get an accurate translation. Because of the technology—not because of you—it's not coming through in such a way that we can actually translate it.

Mr. Clerk, I'm going to ask you to comment on whether we should move to our next speaker while we see if we can resolve the issues with Ms. Sharpe.

[The Clerk]

Yes, I can have some folks reach out, but in the event that we're not able to get back to her, as with previous witnesses, it's my assumption that the committee wishes to receive the speaking notes as evidence.

[The Chair, Liberal, Bob Bratina]

To the president of the Women of the Métis Nation, you've heard our discussion. Can you present for six minutes now?

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Before you continue, Mr. Chair, I have a technical issue. I am going to have to reboot. I'm unable to be on camera. For some reason, it's not allowing me, so I will come back into the committee in a couple of minutes.

[The Chair, Liberal, Bob Bratina]

That's fine. Thank you.

I apologize for all of this, but please go ahead, Ms. Omeniho.

[Melanie Omeniho, President, Women of the Métis Nation - Les Femmes Michif Otipemisiwak]

Good afternoon. Thank you for the opportunity to come and present to the committee on behalf of Les Femmes Michif Otipemisiwak, which is the Women of the Métis Nation.

It's a continuing journey to ensure equality of rights, of treatment and of access to education, health, employment, justice and democratic leadership among Métis women and two-spirit and gender-diverse people across the Métis motherland. Les Femmes Michif is actively engaged with its grassroots constituency in exploring options of the equitable and meaningful implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Canada.

Elders and representatives from across the Métis motherland have noted that this historic piece of legislation, if implemented according to its spirit and intent, could have the transformative power of an indigenous bill of rights. Bill C-15, the proposed UNDRIP act, represents a once-in-a-lifetime opportunity to reset both the scales of justice and the balance of power so that indigenous women, children and two-spirit and gender-diverse people are protected, safe and free.

Accomplishing the equitable implementation of UNDRIP domestically will be no easy feat. It will require a distinctions-based approach that recognizes no hierarchy of rights among the first nations, Inuit and Métis. Moreover, within each of the three distinctions-based groups, the unique experience of indigenous women, girls and two-spirit and gender-diverse people will also require specific analysis and attention, given their precarious and vulnerable positions in Canadian society. Indeed, taking a distinctions-based and gender-based approach to UNDRIP implementation will help ensure equality of outcomes for all indigenous women, girls and two-spirit and gender-diverse indigenous people.

Accordingly, diligent implementation of the UNDRIP will demand a whole-of-society acknowledgement, recognition and respect for the basic human rights and the constitutionally protected aboriginal rights of the indigenous people of Canada, with particular protections for first nations, Inuit and Métis women, children and two-spirit and gender-diverse people. From LFMO's perspective, the UNDRIP act holds up the hope and promise of equality of treatment and outcomes for all Métis women, girls and two-spirit and gender-diverse folks from our Métis motherland.

LFMO is a national indigenous women's organization that serves as a democratically elected representative and gives a national and international voice to Métis women across the Métis motherland. LFMO is mandated to represent the economic, social and political needs, interests and aspirations of Métis women and two-spirit and gender-diverse people.

LFMO acknowledges and appreciates the comments on Bill C-15 provided to the government thus far that have been incorporated into the draft legislation. We've been included in many of the engagement sessions that the Department of Justice held prior to the legislation [Technical difficulty—Editor] coming into existence, and we support the process of moving the bill forward. We're not asking for any amendments or changes to the bill.

We believe that the implementation of UNDRIP will only be meaningful when the development of a national plan comes into being. Based on Stats Canada reports and the reports we have for missing and murdered indigenous women in this country, we think it's imperative that the action plan be all-encompassing and support the engagement of ensuring that there is consultation and process available to help support the activities and engagement of indigenous women, girls and two-spirit and gender-diverse people throughout the process.

We think that employing a culturally relevant, distinctions-based and gender-based lens to the development of Bill C-15's action plan and its implementation will be critical to the act's success. To accomplish this, LFMO calls for an indigenous-first, gender-based analysis plus approach to inform the development of the action plan and the annual reporting to Parliament.

National, regional and community indigenous women's organizations, as well as indigenous two-spirit and gender-diverse representatives and organizations, must have as equal a seat at the table to other national indigenous organizations for the implementation of Bill C-15. Anything less than equality in representation would democratically detract from the honour and meaning of the sense of inherent equality contained within UNDRIP.

Before colonization, many indigenous nations were either matrilineal, matriarchal or matrilocal, with women holding important equal positions with their male counterparts.

Our women of the Métis nation were highly respected and central to the functioning of our society. They held essential roles in buffalo hunting brigades, subsistence trapping and fishing, voyaging expeditions, governance, raising children and passing down cultural, spiritual and social knowledge.

With colonization, imported Euro-Canadian notions of inequality, racism and gender norms radically transformed our society. Displacement, land dispossession, residential and day schools, and child apprehension have left Métis women marginalized, vulnerable and subject to targeted violence and negative societal attitudes. An important part of decolonization is in empowering the voices and roles of women and two-spirit and gender-diverse people in decision-making for our Métis motherland.

An honourable implementation of UNDRIP requires that the process be inclusive and incorporate the perspectives, aspirations and lived experiences of first nations, Inuit, Métis women and two-spirit people in planning and decision-making.

While male-led and male-dominated national indigenous organizations have been canvassed and consulted at length on C-15, the NIOs and the two-spirit and gender-diverse representatives also need to have an equal role in all planning and decision-making.

[The Chair, Liberal, Bob Bratina]

We're at time, Ms. Omeniho. Are you close to concluding?

[Melanie Omeniho]

I am.

In conclusion, I support the work of this committee. We're hoping that Bill C-15 moves forward and will become an act that we can all start working on building an action plan for that we can be proud of.

I thank you for this opportunity today.

[The Chair, Liberal, Bob Bratina]

Thank you for your presentation.

Mr. Clerk, I am assuming that there is still a technical issue with Ms. Sharpe. My understanding is that we will do a simultaneous interpretation of her notes, if she begins to read again.

Let me know how we're going to handle this.

[The Clerk]

Yes, Mr. Chair.

Interpretation will work off Ms. Sharpe's notes. She will give her opening statement in that way.

While I have the floor, I'll also ask everyone else in the meeting to make sure the volume on their cellular devices is turned off, as it's disruptive to interpretation if it goes off while their mike is on.

[The Chair, Liberal, Bob Bratina]

Okay, so turn down your cells.

Ms. Sharpe, you began with such a fascinating story, but we need you to start again. We'll do the interpretation as you go along.

Please go ahead.

[Gerri Sharpe]

[Witness spoke in Inuktitut and provided the following translation:]

Good morning. I am joining you from Yellowknife, and I am happy to be here.

[English]

President Kudloo had connectivity challenges this morning and sends her regrets.

The passage of Bill C-15 is important to all Inuit women and girls in Canada.

Thank you for the invitation to appear before your committee on this legislation. With me today is Beth Symes, Pauktuutit's legal counsel.

I was born in Yellowknife to David Sharpe and Maudie Qitsualik. My mother is the oldest of 17 born to Gideon Qitsualik. My grandfather Qitsualik helped shape the Nunavut land claims agreement in which education and self determination were key. He is also one of the seal hunters on the back of the 1972 two-dollar bill.

My childhood was spent in Nova Scotia and Gjoa Haven, an Inuit hamlet in Nunavut. I was among one of the first Inuit women in 60 or 70 years to receive facial tattoos to strengthen my connection to my Inuit culture and identity. I work towards the advancement of Inuit for my children and my grandchildren.

Inuit women in the mining industry are an example of the larger issue of the lack of respect for the voices of Inuit women and the partnership that is needed with all members of our community for the future resource development in Inuit Nunangat and to make progress on reconciliation with Inuit. Progress with Bill C-15 will advance by supporting Inuit and project developers to find a common ground.

Pauktuutit is the voice of Inuit women wherever they live in Canada. I am the vice-president of Pauktuutit. Our board has representatives from each of the four regions of Inuit Nunangat as well as representatives from urban centres and youth representatives.

For 36 years, Pauktuutit has been the national voice for the rights of Inuit women and girls, working towards our health and education and economic, physical, emotional and social security. Pauktuutit had legal standing at the MMIWG inquiry and was at every hearing where Inuit families told their stories. Pauktuutit and ITK are co-chairing the Inuit working group that is writing the Inuit chapter on the MMIWG national action plan.

Pauktuutit is also active on the international stage on the rights of indigenous women. Every year, Pauktuutit participates in the session of the UN Commission on the Status of Women and the UN indigenous peoples permanent forum.

In October 2020, Pauktuutit was invited to two consultations with CIRNA and Justice on a preliminary draft of Bill C-15. As well, Pauktuutit filed a brief asking for changes to the draft legislation. Bill C-15 incorporates many of the changes that Pauktuutit sought.

Bill C-15 is a step forward for Inuit women and all Canadians on the journey towards reconciliation. It is important because it states that Inuit women will have the right to participate in decision-making in matters that affect them; the right to improvement of economic and social conditions including education, housing, health, employment and social security; the right to the highest attainable standard of physical and mental health; and the same rights and freedoms guaranteed to Inuit men. As well, Inuit women are able to enforce all their rights in the UNDRIP act wherever they and their children live in Canada.

For all of these important reasons, Pauktuutit is not seeking any amendments to the legislation. Pauktuutit asks members of this committee to work towards a quick passage of Bill C-15.

I conclude by addressing the development of the action plan to implement UNDRIP. The action plan must be distinction based. Gender equality is a deeply held value for all Canadians. The federal government must use a GBA+ lens to develop the action plan. The voices of all Inuit women must be heard.

Bill C-15 is critical to closing the gaps for Inuit women with other women in Canada in education, culture, language, health, housing and economic security. It is also critical to realizing the hopes and aspirations we have for our children and our grandchildren. The passage of C-15 is also a historical opportunity for Canada to advance the path of reconciliation with Inuit and other indigenous people.

Qujannamiik. Thank you.

[The Chair, Liberal, Bob Bratina]

Thank you so much.

Thanks to all of you for remarkable testimony. I think I can speak for our committee about the honour we feel in having a role to play in matters that are so important to you, your families and your people.

We'll have a chance for one round of questioning due to time constraints. A six-minute round of questioning will be with Mr. Viersen, Ms. Zann, Ms. Gill—who is with us now—and Ms. Gazan.

Arnold, please go ahead for six minutes.

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

Thank you, Mr. Chair.

I want to thank each of the witnesses for coming here today and, despite the technical difficulties, getting their testimony on the record. I very much appreciate it.

Ms. Sharpe, the story about the two-dollar bill and your family being on it is really cool. I like that a lot.

I have spent most of my time in Parliament battling against the scourge of human trafficking that happens here in Canada. Human trafficking is happening within 10 blocks of where most of us live. We don't necessarily see it. We know that the victims of human trafficking are typically young women between the ages of 15 and 35. We don't really have a good handle on how many victims we have in this country. The stats of the ones who we are able to help and to rescue from human trafficking indicate that 50% of them are first nations, Inuit or Métis—indigenous people from Canada.

I want to thank each of your organizations. I know particularly the indigenous women's association has been at the forefront of that battle working with me to bring forward a bill. They supported my Motion No. 47 back in 2017. For all of your organizations, I'm sure that it's a big part of what you do around battling human trafficking. I really appreciate all of the things that you do on that.

Today, we're talking about Bill C-15. It's a somewhat controversial bill in that.... In the areas I work in on the human trafficking front, I use the UN document called the Palermo protocol that was adopted in the year 2000. Canada is a signatory to it, and we use it. Although not all of our laws are in line with the Palermo protocol, I still have a private member's bill on the record right now to bring Canada in line with the Palermo protocol. There's one aspect of the Palermo protocol that Canada isn't fully aligned with yet.

I also use extensively the UN document on the rights of the child. That, as well, is something that we use. Again, Canada is a signatory to that document; however, our Canadian laws don't necessarily fully align with the aspirations of that document.

To me, it feels that the UNDRIP—the UN Declaration on the Rights of Indigenous Peoples—is a similar document to the Palermo protocol and the rights of the child. I am wondering how this is different. Probably Mr. Bond is the likely guy to take a crack at this one first. How would legislating UNDRIP have application in Canadian law? Is that different from the Palermo protocol and the rights of the child, or am I just imagining that?

[Adam Bond]

It's a really important question. I think there is a lot of confusion about how this operates. I don't think many people are under the assumption that Bill C-15 would elevate UNDRIP to the extent where it would create new actionable grounds.

However, what you're speaking to is the interpretation in clause 4 that recognizes that UNDRIP.... As a declaration, it's not a binding treaty under international law, as I'm sure you're aware. The purpose of this clause would be to say that, for Canada, this declaration is now considered to be an international human rights instrument with application in Canada. That means it becomes an interpretive tool under the presumption of conformity. When a charter challenge is brought or when some action or judicial review is brought before the courts, this would allow the courts to use UNDRIP as an interpretive tool. The presumption of conformity is a well-established legal principle that says the courts will work to interpret our legislation in a way that conforms with international law that is binding on Canada.

What does that do? One of the main concerns is article 32 of UNDRIP. If we now have UNDRIP elevated to an interpretive tool, and article 32 requires that governments consult in order to obtain free, prior and informed consent before approving projects that can have adverse effects on indigenous rights, how does this fit into the legal test?

I wish we had more time. These are obviously complex issues. I don't know that I'll be able to boil it down too quickly, but the Coles Notes version is essentially that it's not that large of an effect. The existing jurisprudence we have with respect to the duty to consult, and that most people refer to in the Haida Nation case, still stands. Whether or not there is an existing claim, what the content of the duty to consult might be based off of an unresolved claim—all of that jurisprudence is still relevant. In fact, even the jurisprudence that deals with the test for justification for an infringement of a section 35 right will still remain relevant right up until the step for justification, where the reverse onus turns to the government to justify any infringement.

For example, if you have a proposed project and you have—