Good morning. Kwe. Hello. Bonjour.
My name is Lance Haymond. I'm currently the chief of the Algonquin community of Kebaowek, but I'm here today representing the Assembly of First Nations Quebec-Labrador, where I am the portfolio holder for housing, infrastructure and water.
As it's been mentioned, I'd like to acknowledge and welcome everybody to our ancestral territory. As I've mentioned on several occasions, it's always good to see you conducting your business, and we're grateful to have you here so that we can have this opportunity.
Thank you for giving me the opportunity to share the AFNQL's point of view on Bill C-61.
I've been involved in this process since 2009, when the Quebec region had its first engagement session on water on Bill S-11, before it was introduced and eventually died on the Order Paper with the calling of the election. I was also around when Bill S-8 received royal assent in 2013 and was repealed in 2022. Canada then committed to the co-development of new legislation, and we're currently discussing Bill C-61.
I've heard much criticism about this bill, about what's not in it and what's missing, but in criticizing it, we overshadow the important and significant progress we have made since seeing the first draft of this legislation, and it further diminishes the hard work, sacrifices and important contributions made by the team from the water secretariat at the Assembly of First Nations on this legislation. I think about former director Irving Leblanc, Kerry Black, Madame Phare, who just presented, legal counsel Stuart Wuttke, Ogimaa Kwe Linda Debassige, former chief Phil Fontaine, and our regional technicians and water coordinators, who were instrumental in getting important changes and additions to the legislation before it was tabled.
We are quick to criticize, because it's easy, but I believe in giving credit where credit is due. I want to acknowledge and thank Minister Hajdu for tabling this important legislation, and thank her team for working with the Assembly of First Nations and all stakeholders to get this far.
There will never be a perfect piece of legislation, but this is a far cry from where we started. I now believe that we have a chance to address the gaps, some of which were identified by Madame Phare. Our chiefs in Quebec are not opposed to the adoption of Bill C-61 and the eventual regulatory framework.
We did and continue to have concerns about the process. I've been around for a long time and can therefore say that a lack of consultation with first nations has often characterized previous attempts, whether it was Bill S-11 or Bill S-8. That lack of real co-development was undoubtedly a major concern for chiefs across this country regarding the development of Bill C-61.
Furthermore, in Quebec, we were put at a disadvantage a year ago, in February 2023, when we had organized and booked our engagement session for February 15 but weren't able to speak to the legislation because it wasn't officially tabled until the 17th. You can imagine it. We had signed an NDA—me, the water technician and the coordinator. We had a session with over 100 participants, but we couldn't actually talk about the contents of the legislation because it had not yet been officially tabled.
We've come a long way from those early disadvantages. We are now in a situation where, as I mentioned, we are agreeable to Bill C-61.
As for the bill itself, although it was not co-developed as planned, the text still evolved compared to previous versions. This is the first time I've seen our input included in its entirety in some areas, and the government going farther than expected in other areas. Despite an inadequate process, we have still made progress on the main gaps, which are inherent rights, funding, governance, standards, transboundary water sources and immunity.
For example, there is now a reference to the existence of the inherent right of first nations to self-government. The concept of free, prior and informed consent has been added to the principles section. There are some substantial additions to the government's obligations, such as doing its best to provide funding that is “adequate, predictable, stable, sustainable” and “needs-based”.
On the issue of transboundary waters, there is a mechanism for off-reserve collaboration regarding provincial, federal and first nations territorial jurisdiction. There are also added provisions related to the immunity of first nations employees.
These are a few examples of the progress made, but important issues remain. Important steps are ahead, and past mistakes have us very concerned. The issue of real co-development remains a great preoccupation as we take major steps in the implementation of Bill C-61—