Evidence of meeting #29 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 chair.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jacques Maziade  Legislative Clerk
Clerk of the Committee  Mr. Naaman Sugrue
Koren Marriott  Senior Counsel, Aboriginal Law Centre, Aboriginal Affairs Portfolio, Department of Justice
Laurie Sargent  Assistant Deputy Minister, Aboriginal Affairs Portfolio, Department of Justice
Philippe Méla  Legislative Clerk

12:55 p.m.

Legislative Clerk

Jacques Maziade

Is that on page 2?

12:55 p.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

It's on page 2, in addition to line 37.

12:55 p.m.

Legislative Clerk

Jacques Maziade

Okay. That's perfect.

Now we're going to amendment LIB-3.

12:55 p.m.

Liberal

The Chair Liberal Bob Bratina

Thank you very much.

Gary, could you present the amendment?

12:55 p.m.

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

This is again just to be consistent by ensuring we add the words “combat prejudice and eliminate all forms of violence, racism, and discrimination, including systemic racism and discrimination”.

Mr. Chair, there may also be implications for other amendments, so maybe you could advise on that before we go to a vote.

12:55 p.m.

Liberal

The Chair Liberal Bob Bratina

Of course.

If this is adopted, amendment NDP-4 cannot be moved, since they are identical. If amendment LIB-3 is negatived, so is NDP-4, for the same reason. Also, if LIB-3 is adopted, then PV-5 and PV-6 become moot, as they contain the same provisions as LIB-3.

With that in mind, we go to the recorded division.

(Amendment agreed to: yeas 10; nays 0 [See Minutes of Proceedings])

12:55 p.m.

Liberal

The Chair Liberal Bob Bratina

That brings us to amendment PV-5.

12:55 p.m.

Legislative Clerk

Jacques Maziade

One moment, Mr. Chair. We're not going to PV-5, because since LIB-3 was adopted, PV-5 and PV-6—

12:55 p.m.

Liberal

The Chair Liberal Bob Bratina

You're right. I'm sorry.

12:55 p.m.

Legislative Clerk

Jacques Maziade

We're going to amendment PV-7. I think you have a note on this one, Mr. Chair.

12:55 p.m.

Liberal

The Chair Liberal Bob Bratina

I do.

Go ahead, Ms. Atwin.

12:55 p.m.

Green

Jenica Atwin Green Fredericton, NB

I will withdraw it, since it has the same context as others that have been discussed previously.

12:55 p.m.

Liberal

The Chair Liberal Bob Bratina

Okay. PV-7 is not brought forward.

Thank you.

12:55 p.m.

The Clerk

Mr. Chair, if I may, PV-7 is deemed to have been moved, so it would require unanimous consent to withdraw it. That's my understanding.

12:55 p.m.

Liberal

The Chair Liberal Bob Bratina

Do we have unanimous consent to withdraw?

I see that we do. Thanks, Ms. Atwin.

We're on LIB-4, reference number 11253219.

Go ahead, Jaime.

April 22nd, 2021 / 1 p.m.

Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Chair, this amendment would add reference to the doctrine of discovery and terra nullius in the preamble clause referring to “all doctrines, policies and practices based on or advocating the racial superiority peoples” to clarify that such doctrines are among these references.

1 p.m.

Liberal

The Chair Liberal Bob Bratina

Thanks very much, Mr. Battiste.

In consultation—and thank you for having that amendment to us in a timely manner—I am advised that the amendment seeks to make a substantive modification by adding new elements to the preamble.

House of Commons Procedure and Practice—my famous big green book—says on page 774:

In the case of a bill that has been referred to a committee after second reading, a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill. In addition, an amendment to the preamble is in order when its purpose is to clarify it or to ensure the uniformity of the English and French versions.

It's my opinion that the proposed amendment is substantive and that no amendment was made to the bill itself to that effect, and that therefore the amendment is inadmissible.

I have Mr. Anandasangaree with his hand up, and then Mr. Battiste.

1 p.m.

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Mr. Chair, I respectfully have to disagree with your position on this. We've made three amendments that add the terms “racism” and “systemic racism” throughout the text, both in the preamble and in the body of the text. I think the amendment that's put forward by Mr. Battiste really does speak to the issues of racism; therefore, I would submit that this is a result of amendments that have been made and approved by this committee.

1 p.m.

Liberal

The Chair Liberal Bob Bratina

Go ahead, Mr. Battiste.

1 p.m.

Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

I agree with what Gary just said.

1 p.m.

Liberal

The Chair Liberal Bob Bratina

Is there further discussion?

The legislative discussion that we had—and I'm hearing an echo in my headset, so it's hard to talk—outlined the matter in a manner that I described; however, I am willing to put this to a vote.

Mr. Anandasangaree, do you wish to add to this?

1 p.m.

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Just to underscore the point, Mr. Chair, the issues of racism and systemic racism have been brought forward throughout the discussion over the last several weeks. As a result, the government took the position that it's important to add to, clarify and strengthen the bill in that respect.

The issues that are in the amendment brought forward by Mr. Battiste really speak to the racism that's existed and the notion of terra nullius as a racist doctrine. That's precisely the reason I believe this is appropriate to move forward, and it's an amendment that should be allowed to go to a vote. I think we're prepared to vote on it.

1 p.m.

Liberal

The Chair Liberal Bob Bratina

I'll accept that and put the matter to the clerk for a recorded division.

1 p.m.

Legislative Clerk

Jacques Maziade

Mr. Chair, just to clarify, is your decision challenged, or are we voting on the amendment? I just want to make sure that the committee knows exactly what it is voting on. You have two options here.

Mr. Anandasangaree can propose a motion to challenge the decision of the chair, because you made a decision that declared it as inadmissible. This is the option that committee has. I don't know if Mr. Anandasangaree wants to propose that.

1 p.m.

Liberal

The Chair Liberal Bob Bratina

I'm prepared to take a motion on a challenge, of course, I have to.