Evidence of meeting #131 for Indigenous and Northern Affairs in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was consent.
A video is available from Parliament.
Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services
I appreciate the question.
Enforcement is a common question under any federal legislation or law. It depends would be the answer. There is a potential ability to create regulations around enforcement, from a federal perspective, but there are also provisions in clause 6 that allow for first nations laws with enforcement mechanisms, as well.
It depends would stand.
Liberal
Liberal
The Chair Liberal Patrick Weiler
Okay.
(Amendment negatived: nays 10; yeas 1)
This takes us to NDP-36.
I'll pass the floor back to Ms. Idlout.
NDP
Lori Idlout NDP Nunavut, NU
[Member spoke in Inuktitut, interpreted as follows:]
Thank you, Chair.
NDP-36 was given to us by the British Columbia Assembly of First Nations to make regulations on “dispute resolution mechanisms with respect to entering into an agreement under the Act.”
Thank you.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Ms. Idlout.
We'll move to debate.
I see Mrs. Atwin has her hand up first, so I'll pass the floor to her.
November 18th, 2024 / 6:20 p.m.
Liberal
Jenica Atwin Liberal Fredericton, NB
There's a very important piece which we previously enshrined, as well. It determines that the federal government has this kind of convening power but cannot legislate provinces and territories to do anything under their jurisdiction. In the spirit of what we've already enshrined in the bill, and being very cautious about infringing upon the constitutional rights of provinces and territories, I think this is another example of overriding where we can go with the bill.
I'd like to confirm that, perhaps, because I'm not an expert. I'm going to refer to our panel.
Director General, Community Infrastructure Branch, Department of Indigenous Services
I concur that it's analogous to the previous conversation on dispute resolution and potential infringement on provincial and territorial jurisdiction.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mrs. Atwin.
(Amendment negatived: nays 10; yeas 1)
Liberal
Bloc
Sébastien Lemire Bloc Abitibi—Témiscamingue, QC
Thank you, Mr. Chair.
If we're talking about reconciliation with first nations, we also have to talk about local autonomy. We want specific language providing for minimum standards to address local circumstances, as long as those minimum standards meet the standards and conditions set out in sections 14 to 16.
In our view, this minor amendment will give first nations greater autonomy. It will also enable them to adopt some principles or laws that may change things involved in protecting their territory.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mr. Lemire.
For colleagues' information, if BQ-11 is adopted, NDP-37 cannot be moved because of a line conflict.
With that, we'll open up debate.
Mrs. Atwin, go ahead.
Liberal
Jenica Atwin Liberal Fredericton, NB
I'm in alignment here and supportive; however, I think the language is slightly more preferable in NDP-37. I would prefer to adopt that one rather than the very similar BQ-11. It's consistent with the existing language that we have.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mrs. Atwin.
Would any others like to make an intervention?
Mr. Melillo, go ahead.
Conservative
Eric Melillo Conservative Kenora, ON
Thank you, Mr. Chair.
I don't want to keep reiterating the same thing about this, but I wonder about the tangible effect this would have.
Are there any comments on that from our officials?
Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services
I appreciate the question.
The proposed amendment would allow for different minimum standards. That could have tangible effects, as first nations may want to work together in different regions of present-day Canada to ensure they're making the best use of efficiency with technologies and different watershed management, etc. With different minimum standards, that could present challenges for how to work really well together.
Conservative
Eric Melillo Conservative Kenora, ON
Okay.
The Liberal member has just referred to NDP-37. What would be the difference between BQ-11 and NDP-37?
Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services
They are quite similar in intent. The difference would be the addition of different potential standards. The next one that was mentioned—I don't have the number off the top of my head—would allow for those existing minimum standards that were just debated by this committee to stay intact while allowing for those local circumstances, which is the overall intent of both of them.
Conservative
Eric Melillo Conservative Kenora, ON
Would it be your belief that NDP-37, the next amendment, would be more in line with what was previously agreed to by the committee?
Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services
Yes.
Liberal
The Chair Liberal Patrick Weiler
Thank you very much, Mr. Melillo.
(Amendment negatived: nays 10; yeas 1 [See Minutes of Proceedings])
That brings us to—
Liberal
Conservative
Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON
I know that we're going to wrap up any second now, so we probably won't get to start another one.
I'm wondering if we could get an update on our motion that was passed to bring ministers Hajdu and Vandal back to committee. The two-week deadline is approaching quickly. There was some optimism that they would be here on Thursday. Unfortunately, I think Minister Hajdu is appearing at the operations committee at relatively the same time or close to the same time.
If we could get a quick update, that would be much appreciated.