Indigenous and Northern Affairs Committee on June 10th, 2021

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

Do we have the legal power now to require the churches to release such documents? If we don't have the legal power, I would suggest that certainly in Parliament we have the ability to give ourselves the legal power to require the churches to hand over those documents. Are there any such plans, or do you think the laws already exist?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Well, my understanding is that our legal options to compel documents are pretty limited, but I think maybe the officials could explain if there are any pathways open to us.

[Daniel Quan-Watson]

Perhaps I could ask Monsieur Reiher, who has followed this file closely for a long time, to jump in.

[Martin Reiher, Assistant Deputy Minister, Resolution and Partnerships, Department of Crown-Indigenous Relations and Northern Affairs]

Thank you, Deputy Minister.

If I may, Mr. Chair, I would add to the answer that churches had obligations to disclose documents in the context of the litigation that led to the Indian Residential Schools Settlement Agreement. Under that agreement, and with the legal power the government would have at this time to compel the Catholic Church to produce documents, would be to file a request for direction with the supervising court to compel the production of documents. If documents were located outside of Canada, of course, that becomes much more complicated in terms of jurisdiction.

Thank you.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

Just to clarify that: You say that on the previous litigation there was a requirement to disclose documents, and those documents can still be accessed now through that previous litigation? I'm just not sure what the response meant.

[Martin Reiher]

Thank you.

The documents that were disclosed as part of the litigation were gathered, and under the settlement agreement, a lot of research was done both by the federal government and the Truth and Reconciliation Commission. Over five million documents were gathered and transferred to the NCTR. There is already a lot of historical information that is available. This is the document collection that I was referring to. There are other documents that exist that were not disclosed. Maybe the legal power that we would have would be to go through the court, through the processes under the settlement agreement, to compel additional disclosure.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

You think the power already exists through the previous agreement to require the churches to disclose...?

[Martin Reiher]

That is the power that we would have at this time under this settlement agreement, the Indian Residential Schools Settlement Agreement. Documents relating to Indian residential schools had to be disclosed, and if not all have been disclosed, that is the recourse that we would have.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

Minister, we have set aside $27 million for further investigations to see if there are—and, certainly, there will be—other graveyards or bodies found. Can you tell us...? It hasn't been that long since the bodies were discovered in Kamloops, but so far, have other indigenous groups come forward to ask for funding to look for further sites?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Yes, unfortunately, Marcus, in Kamloops there had been that “knowing” for over 20 years, and they had begun that work. I think that we are already seeing requests coming from Saskatchewan and from Six Nations, and that this is, unfortunately, very prevalent. As we go across the country and see even the marked graves with the small crosses there in the cemeteries adjacent to where the schools were, it is heartbreaking, but as the Truth and Reconciliation Commission said, there are just thousands, probably, of unmarked graves and remains that have yet to be discovered.

[The Chair, Liberal, Bob Bratina]

That brings us to time.

We go now to Madame Bérubé for six minutes.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Thank you, Mr. Chair.

I am speaking from the traditional territory of the Algonquin, Anishinaabe and Cree peoples. I am in Val-d'Or, in my riding.

We are all upset by the distressing discovery of these 215 children. In their memory, we must know the truth and help the communities and, most importantly, listen to them.

My question is for Ms. Bennett.

The members of the Kitcisakik community still have no running water or electricity, because they are merely squatting on the land where they live, in the eyes of white society. That is ridiculous, of course, since it is their own land.

Why is the situation not progressing in the Kitcisakik community?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

I thank the member for her excellent question.

The question of the lack of services like drinking water and other determinants of health is very important, and is, in fact, a priority. As it is for Mr. Miller and Mr. Vandal, this is a crucial question for me, and I hope to find a precise answer for this community.

I promise to get the answer for you.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Thank you, Minister.

This is important, you know. The Kitcisakik community is invisible to governments. This is often a direct consequence of the appalling living conditions they are currently experiencing. Government support is very important to resolve this situation.

I want to thank you all for being here today.

Last year, I raised the issue of the outdated comprehensive land claims policy. You said that you agreed with me on that subject.

What has your department accomplished to update that policy since March 2020, which is when we had that discussion? Can you answer me?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Can you repeat the question?

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

I raised the issue of the outdated comprehensive land claims policy.

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

The claims are crucial. We are moving forward with processing claims in numerous communities. I could give you details on the facts and the progress made, if you want.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

I would be very grateful.

My next question is for Mr. Vandal.

Earlier, you talked about Louis Riel. As a Quebecker, I can only reiterate the historic close relationship between Quebec and the Métis Nation. Ottawa has never exonerated Louis Riel after he was unjustly executed.

Do you think it is time for the federal government to finally apologize and exonerate Louis Riel?

[Dan Vandal, Liberal, Saint Boniface—Saint Vital, MB]

Thank you for that excellent question.

I can tell you that neither the elected Métis governments nor the direct descendants of Louis Riel want a pardon. Our government respects the indigenous peoples' rights to self-determination and self-government. I know this is a major issue. Important discussions are underway in the communities.

I would say that it is up to the Métis communities to offer us guidance from their perspective.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

My next question is for Ms. Bennett.

Bill C-15 is currently being considered in the Senate. Time is running out, and I have two questions on that subject.

First, are you hopeful that this bill will receive royal assent by the end of the parliamentary session?

Second, will there be a commitment that royal assent will be granted for Bill C-15 by a governor general who would be the first indigenous person to hold that office?

[The Chair, Liberal, Bob Bratina]

I'm sorry to interrupt, members of the committee.

Madame Bérubé, I'm so sorry.

The bells are ringing. I'll give Ms. Bennett just half a minute to try to respond, and we will continue until approximately five minutes before the actual vote. We're at around 27 minutes, and there's the half-hour bell, so that will certainly give Ms. Qaqqaq the opportunity to ask her questions.

Once again, Ms. Bennett, did you pick up Madame Bérubé's question?

[Carolyn Bennett, Liberal, Toronto—St. Paul's, ON]

Thank you for your question.

I believe that Mr.Leblanc said last Saturday that there was an indigenous person among the potential candidates for the office of governor general. We are awaiting the outcome of that process.

To answer your question concerning comprehensive claims, first, there is a grant for the Assembly of First Nations so that they can participate. Second, there will be revisions to our federal policy.

[The Chair, Liberal, Bob Bratina]

Thanks very much.

Mr. Clerk, do we need a motion, since the bells are ringing? I just want to make sure we're proceeding....

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

If members are in agreement to proceed as you suggest, then that's absolutely acceptable.

[The Chair, Liberal, Bob Bratina]

Is anyone objecting? I don't see an objection.

Ms. Qaqqaq, please go ahead, for six minutes.