Thanks so much.
I will read Minister Lametti's opening remarks, and then I will move on to mine, Mr. Chair. That will take a bit more time, but it's really important that the committee hears what Minister Lametti had prepared to say to all of you.
Good morning. It is my pleasure to appear at this committee to discuss Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.
He was joining you from the Department of Justice, which sits on the traditional territory of the Algonquin people.
Before I start to discuss the main points in the bill, I would like to acknowledge the untiring work of parliamentarians and Indigenous leaders to have the declaration implemented in Canada.
In particular, I would like to recognize the work of my former colleague Romeo Saganash, who introduced private member's Bill C-262 in a previous Parliament. That bill was examined and studied in detail.
It will take determined work and a sustained commitment by Parliament, by the government, by Indigenous peoples and by all Canadians if we are to give concrete form to the vision of self-determination, of governmental autonomy and of the harmonious relations between peoples that the declaration foresees. That is exactly the work that Bill C-15 commits us to do together.
Bill C-15 has its foundations in former Bill C-262 and was developed in consultation and collaboration with First Nations, Inuit and Métis.
The bill recognizes inherent rights and the right to recognition, observance and enforcement of treaties, agreements and other constructive arrangements. It also recognizes the role of the declaration as having application in Canadian law and as a source for interpreting Canadian law, including the Constitution. This is consistent with Canadian jurisprudence, which recognizes that, constitutionally, protected rights are not frozen in time. They are part of a living tree that grows and adapts to its surrounding context, including the development of new international norms, such as the declaration.
The legislation includes provisions emphasizing that measures to implement the declaration cannot be used to undermine aboriginal and treaty rights that are already constitutionally protected. To be clear, this provision does not seek to reinterpret or amend the rights in the declaration itself. It only confirms that this legislation cannot be used to derogate from the constitutional protection of section 35 rights, including treaty rights.
The legislation creates three specific obligations on the Government of Canada. The first requires the federal government to take all measures necessary to ensure that the laws of Canada are consistent with the declaration in consultation and co-operation with indigenous peoples.
The second obligation requires developing an action plan in consultation and co-operation with indigenous peoples. The action plan would address injustices and combat prejudice while promoting mutual respect and understanding with an underpinning in human rights.
The third obligation contained in Bill C-15 is a requirement to prepare annual reports in consultation and co-operation with indigenous peoples. This would provide transparency on the measures taken to ensure that the laws of Canada are consistent with the declaration and the action plan.
To follow this path, we must work in collaboration to determine the way in which the standards and rights set out in the declaration will be put into practice. This includes the main aspects of the declaration such as free, prior and informed consent
Free, prior and informed consent is a manifestation of the right to self-determination. It is about providing the opportunity for clear, effective and meaningful participation of indigenous peoples in decisions that directly affect them. Achieving consent should be the goal of any good faith consultation or collaboration process. To be clear, the declaration does not confer a veto or require unanimity in these types of decisions. If consent cannot be secured, the facts and law applicable to the specific circumstances will determine the path forward.
Bill C-15 will not change Canada's existing duty to consult indigenous groups or other consultation and participation requirements set out in legislation like the Impact Assessment Act. What it will do is encourage ongoing work to build on these types of arrangements and approaches.
I would like to acknowledge that we have heard several potential proposed amendments and want to assure members that we are taking these suggestions very seriously. We welcome your recommendations.
Bill C-15 demonstrates a genuine commitment to champion reconciliation and to improve relations with Indigenous peoples. In so doing, we will build a better Canada for all current and future generations of Indigenous peoples and Canadians alike.
Thank you.
Mr. Chair, do you want me to go on with my own remarks?