Evidence of meeting #134 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 amendment.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Nelson Barbosa  Director General, Community Infrastructure Branch, Department of Indigenous Services
Rebecca Blake  Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services
Douglas Fairbairn  Senior Counsel, Legal Services, Department of Crown-Indigenous Relations and Northern Affairs and Department of Indigenous Services, Department of Justice
Michelle Legault  Legislative Clerk

11 a.m.

Conservative

Eric Melillo Conservative Kenora, ON

I'm sorry, but I have a couple of questions.

11 a.m.

Liberal

The Chair Liberal Patrick Weiler

I go to Ms. Idlout and then to Mr. Melillo.

Lori Idlout NDP Nunavut, NU

Could we have the experts tell us about the line conflicts? That's to buy me time to analyze all the differences between BQ-20, NDP-57 and NDP-59. I understand the redundancy, but I would love an explanation about NDP-57 and NDP-59.

11 a.m.

Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services

Rebecca Blake

I appreciate the questions. I might leave it to the chair to explain the line conflicts, just in that role. In terms of the content itself, there are different pieces in each of those specific amendments. For example, NDP-57 discusses adding repairs and replacement to operations and maintenance. Also, in NDP-58, for example, it talks about remoteness factors, which are also included in some of the other previous amendments from the Bloc, and that would be the redundancy. I hope that's helpful.

Lori Idlout NDP Nunavut, NU

I just have a quick question. NDP-57, I don't mind because I withdrew it anyway, but NDP-59 has proposed paragraph 27(2)(h.1).

I wonder whether that, actually, could be added to BQ-20. I would like to submit a subamendment to BQ-20, to add NDP-59.

The Chair Liberal Patrick Weiler

Ms. Idlout, you asked what the line conflicts were.

Lori Idlout NDP Nunavut, NU

Yes.

The Chair Liberal Patrick Weiler

Before getting to your subamendments, should you wish to move one, BQ-20 makes an amendment that would change lines 11 through 21 on page 15, so this is subclause 27(2). All of those amendments that I listed address paragraphs that are within that range, so, if it is adopted, all of those ones could not be moved.

Lori Idlout NDP Nunavut, NU

Just in response, I'm okay with NDP-57 and NDP-58 because I withdrew them anyway, but NDP-59 is not included in the original list under subclause 27(2), and there are paragraphs 27(2)(a) to (i). The original paragraph 27(2)(h) is “capacity development;” and it ends there, whereas my NDP-59 proposes to add a new matter:

(h.1) distinct cultural practices, Aboriginal rights, lands and laws of each First Nation; and

My proposal is that I'll support BQ-20 if we could subamend it to add my proposed paragraph 27(2)(h.1) from NDP-59 so that all the other redundancies are still addressed, except adding NDP-59.

Qujannamiik.

The Chair Liberal Patrick Weiler

Thank you very much, Ms. Idlout.

We're just having a look at NDP-59. This can be added as a subamendment to this amendment right now. It would go at the very end of it, so we would just add it to the end. That can be done. It would be renumbered by the legislative drafters when we get to the end. Members would have NDP-59 but, Ms. Idlout, as you mentioned, it would just add:

(h.1) distinct cultural practices, Aboriginal rights, lands and laws of each First Nation; and

Accordingly, Ms. Idlout, would you like to move this as a subamendment?

Lori Idlout NDP Nunavut, NU

Yes, I would.

Thank you.

The Chair Liberal Patrick Weiler

We'll open that up to debate.

Is there any debate on this subamendment?

Mrs. Atwin.

Jenica Atwin Liberal Fredericton, NB

I wanted to mention that we were in agreement with the Bloc amendment. We have already added the cultural and spiritual pieces at a different part of the bill, so I feel that this subamendment is a bit redundant. I just wanted to put that out there.

The Chair Liberal Patrick Weiler

Thank you very much, Mrs. Atwin.

Ms. Idlout.

Lori Idlout NDP Nunavut, NU

Can I be reminded where the redundancy is?

Jenica Atwin Liberal Fredericton, NB

We already enshrined.... I can look up the amendment where we included the cultural and spiritual piece previously. It's G-4.

Lori Idlout NDP Nunavut, NU

I understand the cultural and spiritual piece, but in (h.1) from NDP-59, I also have “Aboriginal rights, lands and laws of each First Nation”, which I'm not sure is included in there.

The Chair Liberal Patrick Weiler

Thank you very much, Ms. Idlout.

Lori Idlout NDP Nunavut, NU

Could we get a reminder, from whoever keeps records, about where we can find it?

The Chair Liberal Patrick Weiler

Yes. If we can wait one second here, we can find that.

Jaime Battiste Liberal Sydney—Victoria, NS

Maybe we can ask the experts who have developed this to tell us where we've done this already.

11:10 a.m.

Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services

Rebecca Blake

I appreciate the question.

In terms of some of the other components that you mentioned around first nation law-making and aboriginal rights, there are non-derogation clauses related to aboriginal rights, up front.

As well, we go through agreements that we discussed yesterday to support what could be financial agreements or to support the exercise of first nation jurisdiction, which would be first nation laws specifically.

Lori Idlout NDP Nunavut, NU

I'm just looking for the actual amendment or whatever in the legislation. I need to see it for myself.

11:10 a.m.

Acting Director, Legislation, Engagement and Regulations, Department of Indigenous Services

Rebecca Blake

That's appreciated.

Also, as mentioned in G-4, for the standards, there was the inclusion of cultural and spiritual needs in that water standard. That would be G-4 specifically.

On agreements, I don't know off the top of my head, but they're around clause 26-ish, from yesterday.

I apologize, but my colleague reminded me that agreements are under clause 23.

Thank you.

Lori Idlout NDP Nunavut, NU

Can I ask a question?

Can you remind me where in the bill we see reference to “Aboriginal rights, lands and laws of each First Nation”?