Good evening, everyone.
On October 26, witnesses to this committee stated, “We deserve to advance in reconciliation, just like all other indigenous people”, and “consistent with how other indigenous self-government legislation has been considered.” They also said, “Bill C-53 is only about matters that are internal to our Métis self-government”. However, the text of Bill C-53 is inconsistent with these statements.
Firstly, there are no provisions limiting future treaties to self-government or internal matters. Secondly, Bill C-53 allows future treaties to circumvent parliamentary procedure, which is inconsistent with the treaty ratification legislation and processes applying to all other indigenous peoples. Contrary to Bill C-53, the right and proper process for modern treaties has been, since 1975, for the treaties to be negotiated, initialled and ratified by the indigenous people, signed by the parties, and then presented to Parliament. This allows Parliament to know what is in a treaty before it passes legislation and gets royal assent.
A recent example that came before this committee is the Self-Government Treaty Recognizing the Whitecap Dakota Nation Act, which received royal assent on June 22 of this past summer. The Whitecap Dakota Nation completed their treaty before legislation was introduced, not afterwards. Similarly, our soon-to-be-completed Red River Métis self-government recognition and implementation treaty will come before Parliament, together with its ratification legislation. You will have our treaty in your hand.
Bill C-53 is an unprecedented transfer of constitutional authority from Parliament to the executive. Parliament will have no further oversight or approval role in the treaty ratification. In a reversal of practice, Bill C-53 would create a troubling precedent for entering into future treaties.
Clause 5, clause 6 and clause 7 are the heart of the problem. They empower the Governor in Council to give a treaty force and effect, to acquire constitutional protection, and to give it priority over all other federal law, if it meets certain unknown requirements. There is no indication in the legislation as to what requirements, standards or criteria have to be met for the treaty to be approved. What are the contents of the treaty? What could they be? What will they be?
There is also no indication of whether subject matter must be limited to internal self-government alone. Also, one question—for which there is no indication as to what an answer might be—is this: Why is Parliament being blocked from reviewing a treaty while approving its ratification legislation? As my father would say, “That is backasswards.”
If the committee feels it is right, we will suggest recommendations during our responses to questions.
In summary, with Bill C-53, Parliament is being asked to blindly approve future, unknown, yet to be written yet constitutionally protected treaties without Parliament ever seeing them.
Thank you.