Kwe kwe and greetings.
My name is Joanna Bernard, interim national chief for the Assembly of First Nations and a regional chief for New Brunswick.
First I would like to acknowledge that I'm speaking to you from the traditional territory of the Wolastoqiyik and that the committee is gathered today on unceded Algonquin territory.
I would like to thank the committee for inviting me to speak on Bill C-53 on behalf of the Assembly of First Nations. It is critical that you hear first nations' concerns about the potential impact of Bill C-53 and the Government of Canada's failure to consult with first nations on this legislation.
First, I will provide opening remarks, and then I will turn it over to Julie McGregor, senior legal counsel for the AFN, to provide our comments on Bill C-53.
In July 2023, the first nations in assembly passed resolution 44/2023 to protect first nations rights and interests from unfounded Métis rights assertions. This resolution directs the AFN to voice its opposition to unfounded Métis rights assertions and the role of government in recognizing those unfounded assertions.
The Assembly of First Nations is a national advocacy organization for first nations; the AFN is not a government or a rights holder. For centuries, the Government of Canada has failed to recognize, implement and uphold first nations rights. Existing policies such as the comprehensive land claims and inherent rights to self-government policies deny first nations title and rights.
First nations rights, which are recognized and affirmed by section 35 of the Constitution, should be upheld and implemented in the same manner as those of all other indigenous groups. Currently, first nations must prove their inherent rights to self-government through costly and time-consuming legal battles with the federal, provincial and territorial governments. There is no first nations equivalent to Bill C-53.
The broad generic recognition of Métis rights is unfair and gives preference to one particular aboriginal group. In this context, the broad recognition of Métis rights through Bill C-53 shows how arbitrary and unfair the processes are to recognizing indigenous rights. Bill C-53's broad recognition of Métis rights creates a deep sense of unfairness for first nations whose rights have been denied by the Government of Canada.
The federal government has failed to adequately consult first nations prior to tabling Bill C-53. Canada has not met its minimal duty to consult first nations, nor has it upheld the principles of free, prior and informed consent in accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
The honour of the Crown requires the Government of Canada to act honourably in all its interactions with indigenous peoples. First nations have raised serious, credible concerns about the potential impacts of Bill C-53. Advancing Bill C-53 without proper consultation with first nations is inconsistent with the honour of the Crown.
I would like to thank the committee for the opportunity to provide input on Bill C-53, and I will now turn it over to Julie McGregor, senior legal counsel for AFN, to provide further comments.
Thank you.