Indigenous and Northern Affairs Committee on Oct. 24th, 2022

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

Do I have any more time, Mr. Chair?

[The Chair, Liberal, Marc Garneau]

You have 20 seconds.

[Jaime Battiste, Liberal, Sydney—Victoria, NS]

I'll defer those 20 seconds.

[The Chair, Liberal, Marc Garneau]

Thank you.

We'll go to Madame Gill for 90 seconds.

[Marilène Gill, Bloc, Manicouagan, QC]

Thank you, Mr. Chair.

My question is for the three witnesses.

You talked about transparency, independence and accountability from the council. What would you recommend to improve these areas, if you think improvements are needed?

Please suggest one item each, quickly.

I'd like Ms. Restoule to answer first, followed by Ms. Buffalo and Mr. Jules.

[Karen Restoule]

What comes to mind quickly is transparency in and around the development of the bill. It was recommended by the interim committee that the bill be developed in collaboration—

[Marilène Gill, Bloc, Manicouagan, QC]

Mr. Chair, the interpretation isn't working.

[The Chair, Liberal, Marc Garneau]

Okay.

Let's check the interpretation before you resume. I'll pause the clock.

[Marilène Gill, Bloc, Manicouagan, QC]

It's working now. Thank you.

[The Chair, Liberal, Marc Garneau]

Thank you very much.

Let's proceed. Ms. Restoule, please provide your answer.

[Karen Restoule]

I was referring to transparency and accountability in terms of the development of the bill. They were to occur hand in hand with the interim committee. I know there have been questions in and around whether that has been upheld. By way of process, if we're not getting that right, are we really setting ourselves up well for what's to come?

That's just a note or a point there to consider whether the interim committee's recommendations, work, and participation have been put to the forefront of the process.

[The Chair, Liberal, Marc Garneau]

Please answer very quickly, Ms. Buffalo.

[Karla Buffalo]

In terms of transparency and accountability, it really comes down to access to information when trying to assess outcomes. It's really paramount that the national committee on reconciliation have the authority to request and require both provincial and federal governments, as well as institutions, to provide the information moving forward. If that could come as a legislative matter, it would really empower the committee to gain this information as the committee becomes established in operation. I think that's really critical.

[The Chair, Liberal, Marc Garneau]

Thank you, Ms. Buffalo.

We'll now go to Ms. Idlout for 90 seconds.

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

Thank you.

I'll be referring to paragraph 12(b) of the bill.

What will the national council be composed of? Will it include women, youths, and elders?

I would like to see elders represented on this national council.

[English]

[The Chair, Liberal, Marc Garneau]

If anybody wants to comment, you have about 15 seconds.

[Clarence T. (Manny) Jules]

I'll quote an old friend of mine, Dennis Saddleman, a poet:

I was looking at an old Residential School who
became my elder of my memories
I was looking at a tall building with four stories
stories of hope
stories of dreams
stories of renewal
and stories of tomorrow

I don't think any wiser words were given as a direction to truth and reconciliation.

[The Chair, Liberal, Marc Garneau]

Thank you, Chief Commissioner Jules.

On that note, I would like to thank our panellists today. We very much appreciate your coming and providing your testimony.

Thank you very much to Karen Restoule, founder of Bold Realities; Karla Buffalo, CEO of the Athabasca Tribal Council; and of course, Chief Commissioner Clarence (Manny) Jules of the First Nations Tax Commission.

Thank you for making yourselves available to answer our questions today.

With that, we will suspend the committee just momentarily as we prepare for our second panel.

Thank you again.

[The Chair, Liberal, Marc Garneau]

We are now resuming with our second panel for today.

Thank you to the witnesses who are joining us. We're still waiting for Ms. Stanovich of the Indigenous Women of the Wabanaki Territories, who is going to arrive imminently in person. We also have with us Jacqueline Prosper, lead of treaty education, Mi'kmaw Kina'matnewey, and Celeste Sulliman, director of treaty education, Nova Scotia Office of L'nu Affairs—I hope I said that reasonably well. Mr. Garry Bailey, president of the Northwest Territory Métis Nation, is also appearing with us virtually.

To our witnesses, as you know, you will each be given five minutes to make an opening statement, and then we'll proceed with questions. Please wait till I give you the go-ahead to speak. Please speak through the chair, and please mute yourself when you are not on.

You have translation capabilities in three languages—French, English and Inuktitut—available to you today.

Without further ado, I'm going to ask Ms. Jacqueline Prosper to provide a five-minute opening statement, which you can share with your colleague Ms. Sulliman, or you can use the time yourself.

[Jacqueline Prosper, Lead, Treaty Education, Mi'kmaw Kina'matnewey]

Thank you.

Kwe, good afternoon. Wela'lioq for inviting me to appear before the committee today to speak to Treaty Education Nova Scotia's support in Nova Scotia's work toward reconciliation.

Teluisi Jacqueline Prosper. I am the treaty education lead for Nova Scotia with Mi'kmaw Kina'matnewey.

Mi'kmaw Kina'matnewey is a unified team of chiefs, staff, parents and educators who advocate and represent the educational interests of our Mi'kmaq communities.

Mi'kmaw Kina'matnewey and the Office of L'nu Affairs have had a unique working relationship in this amazing effort from the time when the first MOU was signed in 2015. Since then, the initiative continues to grow and develop, so much so that in 2020 a new MOU was signed with no end date. We work in partnership with the Office of L'nu Affairs as well as with the Department of Education and Early Childhood Development; Communities, Culture, Tourism and Heritage; the Public Service Commission; and community and provincial schools.

I work collaboratively with OLA in its work with public servants and the general public, although my work is mainly focused on education. I work closely with EECD, Mi'kmaq service branch, elders, knowledge-keepers, teachers and parents on this education initiative of incorporating treaty education into the provincial school curriculum.

Due to the success of the first five years, Treaty Education Nova Scotia has developed a strategic plan to guide the organization's activities over the next five years. In the spirit of reconciliation, the purpose of our project charter is to codify how this project will be governed and managed, while providing clarification on roles and responsibilities of key partners and collaborators related to achieving the objectives outlined in the new strategic plan. This deepens our understanding of the shared responsibility between the Mi'kmaq and the non-indigenous people of Nova Scotia to build a better future, foster ongoing conversations and cultivate allies through lifelong learning about our treaty relationship.

We know our partner organizations are all working towards reconciliation and include treaty education in their portfolios. A strategic plan will help support richer communication on the work, support us in working together more collaboratively in reaching all Nova Scotians and build stronger relationships.

With all of the accomplishments, there is still much work to be done. The commitment is strong in working together. We welcome collaborating across the province and country and the prospects of sharing best practices. Celeste and I are dedicated to continuing the necessary work to continue to answer the calls to action of reconciliation.

Again, wela'lioq for allowing me to appear before you today.

[The Chair, Liberal, Marc Garneau]

Thank you very much, Ms. Prosper.

We'll now go to Mr. Garry Bailey. Mr. Bailey, you will have five minutes.

[Garry Bailey, President, Northwest Territory Métis Nation]

Good morning. Thank you for allowing me the time to appear before the standing committee.

My name is Garry Bailey. I'm president of the Northwest Territory Métis Nation.

The Métis Nation is composed of indigenous Métis members from Fort Smith Métis Council, Hay River Métis Government Council and Fort Resolution Métis government. We estimate our membership throughout Canada to be over 3,000 members.

The Northwest Territory Métis Nation is in the final stages of negotiating a land claim and self-government agreement with the Government of Canada and the Government of the Northwest Territories.

The Northwest Territory Métis Nation has a government-to-government relationship with the Government of Canada and the Northwest Territories. As part of the commitments of the NWT Devolution Agreement, the NWT Métis Nation is a member of the NWT Intergovernmental Council, with the Government of Northwest Territories and other indigenous governments, which addresses all aspects of government relations in the NWT.

The Northwest Territory Métis Nation is a member of the Arctic and northern policy framework with Canada and the GNWT. The Northwest Territory Métis Nation is not and cannot be represented by the five national aboriginal organizations, as the mandate of those aboriginal organizations preclude the representation of the Northwest Territory Métis Nation. The Northwest Territory Métis Nation has a right to be involved at a national level.

A truth and reconciliation report defined reconciliation as follows:

Reconciliation requires constructive action on addressing the ongoing legacies of colonialism that have had destructive impacts on Aboriginal peoples' education, cultures and languages, health, child welfare, the administration of justice, and economic opportunities and prosperity.

Reconciliation must create a more equitable and inclusive society by closing the gaps in social, health, and economic outcomes that exist between aboriginal and non-aboriginal Canadians.

The UN declaration provided a promise to protect and enhance our rights as part of the fulfillment of reconciliation. These include the right to self-determination and self-government; the right to equality and non-discrimination; the right to promote and enhance our culture and language; the rights to our lands, territories and resources; the right to provide our free, prior and informed consent for any development on our lands; the right to receive adequate health care and education; and the right to develop indigenous institutions and legal systems. Transformation, action and measures are required to successfully implement the UN declaration.

For reconciliation to be implemented some actions are required, including appropriate shared decision-making, co-management arrangements between indigenous nations and government, evolution of federal programs from services to indigenous nations, adequate funding to implement true self-government, expedited resolution of outstanding land and resource matters, the timely conclusion of land claim negotiations, and the honourable implementation of treaties and land claim agreements.

The Métis Nation strongly supports the establishment of a national council for reconciliation. It is important that the national council for reconciliation be permanent, independent, indigenous-led and well resourced.

Some of the functions of an independent national council for reconciliation would be to develop and implement a multi-year national action plan to advance efforts in reconciliation, conduct research on promising practices that advance efforts for reconciliation, educate the public about indigenous peoples' realities and histories, stimulate dialogue, and address all matters that the independent council determines are necessary to advance reconciliation.

The national council for reconciliation must be well financed in order to be meaningful and must engage with indigenous governments.

Given this important work that will be undertaken by the national council for reconciliation, it is important that the national council include one representative from the Northwest Territory Métis Nation on the council's board of directors. Upon establishment of a national council for reconciliation, the Northwest Territory Métis Nation requests that a director's seat on the national council be set aside for the Northwest Territory Métis Nation. It is important that the indigenous Métis of the Northwest Territories have a voice on a national council for reconciliation.

Thank you.

[The Chair, Liberal, Marc Garneau]

Thank you very much, Mr. Bailey.

We'll now go to Ms. Stanovich. Ms. Stanovich, you have five minutes.

[Brandy Stanovich, President, Indigenous Women of the Wabanaki Territories]

Good afternoon, honourable committee members. Thank you for inviting the Indigenous Women of the Wabanaki Territories to speak on this important bill.

First I would like to graciously acknowledge that we are gathering on unceded, unsurrendered territory of the Anishinabe Algonquin nation.

Bill C-29, an act to provide for the establishment of a national council for reconciliation, is an important bill. However, we were devastated to read that indigenous women have not been included in the bill.

This bill establishes a national council for reconciliation as an independent, non-political, permanent and indigenous-led organization whose purpose is to advance the efforts for reconciliation with indigenous peoples.

Clause 10 indicates that the national council for reconciliation includes three national indigenous organizations, as opposed to five. IWWT is disappointed that the Native Women's Association of Canada has been excluded. NWAC is a unique, inclusive, representative voice that ensures a MMIWG lens is applied, especially as it relates to human safety and security.

NWAC is made up of provincial and territorial member associations, PTMAs, from each province or territory. These are grassroots, not-for-profit organizations. IWWT is one of these organizations. It is our duty to listen and elevate the voice of grassroots women to the national level. Through NWAC, we do just that. By not including NWAC, you are excluding the voice of the women. An indigenous woman is the centre wheel of life. She's the heartbeat of the people. She's not just in the home; she's in the community. She is the nation.

The bill responds to truth and reconciliation calls to action numbers 53 to 55. This call to action is essential, since it will legislate implementation of all 94 calls to action.

As you know, implementation is the most important part of any measure intended to redress harms. Call to action 53 requires that all levels of government provide annual reports or any current data requested by the national council for reconciliation, so that it can report the progress towards reconciliation.

The reports or data would include, but not be limited to, the number of aboriginal children in care, comparative funding for the education of first nations children on and off reserve, progress on closing gaps, progress on eliminating an overrepresentation of aboriginal children in custody, progress on reducing the rate of criminal victimization of aboriginal people and progress on reducing the overrepresentation of incarcerated aboriginal people. The key areas for reporting under calls to action 53 to 55 are in areas where residential school abuses and colonialism are reflected in intergenerational trauma.

On December 21, 2021, Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples, received royal assent. As a reminder, article 7(2) of the declaration states the following:

Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Though Canada recognizes five national indigenous organizations, including the Native Women's Association of Canada, only three NIOs will be mandated to the board of directors for the national council for reconciliation. Excluding NWAC from the national discussions on implementation of truth and reconciliation is a significant rejection to the organization that is a recognized expert on matters related to indigenous women, girls and 2SLGBTQIA+ people. The people represented by NWAC face high rates of institutional betrayal, incarceration, violence and abuse, all issues that should be central to any discussions to reconciliation.

Having an NWAC representative on the board of directors of the national council for reconciliation will ensure that the process is inclusive and that the voices of indigenous women and gender-diverse people are considered.

We are valued leaders, decision-makers and knowledge-keepers in our families, communities and governments. Without our perspectives, discussions are unlikely to consider gender-based solutions to undoing systematic discrimination caused by colonialism and patriarchy. This is about equity and about reclaiming matriarchal leadership.

I signed the NWAC-Canada accord under the impression that Canada committed to considering the distinct perspectives of indigenous women, girls and 2SLGBTQI+ people. Not including NWAC in this very important bill is not upholding Canada's commitment to indigenous women. Not doing so in this instance will set a—

[The Chair, Liberal, Marc Garneau]

Ms. Stanovich, could I ask you to wrap up, please?