Indigenous and Northern Affairs Committee on Nov. 28th, 2023

[The Chair, Liberal, John Aldag]

Thank you for that opening statement.

We'll now go to the Assembly of First Nations, to interim Chief Joanna Bernard.

When you're ready, the floor is yours for the five-minute opening statement.

[Joanna Bernard, Interim National Chief, Assembly of First Nations]

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.

[The Chair, Liberal, John Aldag]

Thank you, and there's about a minute and a half left.

[Julie McGregor, Senior Legal Counsel, Assembly of First Nations]

Thank you, Mr. Chair and members of the committee.

My name is Julie McGregor. I'm senior legal counsel with the Assembly of First Nations. I'm also a member of the Kitigan Zibi Anishinabeg First Nation, part of the Algonquin nation. This is my territory—my unceded territory.

I want to take the brief time I have to go over a few points on the interim national chief's remarks that she's already provided and maybe key in on the three issues that we want to focus on with the time we have.

Bill C-53 broadly recognizes Métis inherent rights and jurisdictions. This broad recognition fails to consider the potential impacts on first nations and does not include safeguards to prevent infringement on first nation rights. It doesn't include a process for addressing overlaps of infringements on inherent treaty and aboriginal rights. While the stated intent of this legislation—we've been told this by many committee members—is for internal matters related to Métis self-governance, it sets the stage for future negotiated treaties that may relate to those issues.

As well, Bill C-53 allows further Métis-Crown treaties to be ratified by Governor in Council rather than requiring scrutiny by Parliament and first nations. Given the potential significant adverse impacts to first nations rights and interests, Bill C-53 should be subject to approval by Parliament and to an opportunity for meaningful input by first nations. You heard this even from the previous panel that came before you.

The Government of Canada should explain clearly why it has advanced a lower threshold for approving Métis-Crown treaties, which differs from the process for many of the treaties signed between the Crown and first nations. Failure to provide a clear and convincing answer to this question will heighten the serious concerns regarding the fairness with which first nations are being treated with their rights recognition versus how Métis rights are being treated under this legislation.

Meegwetch.

[The Chair, Liberal, John Aldag]

That's great. Thank you so much.

I'm just going to check with our clerk on Mr. Isaac. We were trying a new way of connecting him.

No. We don't have him yet.

With apologies to our members, we will have to proceed without Mr. Isaac. If he's still online, we can—

[A voice]

He's still on the phone.

[The Chair, Liberal, John Aldag]

Okay.

They're still trying to figure out a solution to the technical problem. If they're able to sort it out, we may still be able to bring him in. For now, we do need to start our first round of questions.

Mr. Viersen, will you be going first?

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Sure—although I thought Mr. Schmale was going first.

[The Chair, Liberal, John Aldag]

He's offered it to you, if you want to go first.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Okay.

[The Chair, Liberal, John Aldag]

You have six minutes.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Thank you, Mr. Chair, and I want to thank the witnesses for being here.

Mr. Browning, you represent a local. It's my understanding that these locals were kind of under the umbrella group of the Métis Nation of Alberta. Is that correct?

[Dr. Adam Browning]

That is correct.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Now, some folks from locals have been concerned about the fact that the locals are being dissolved with Bill C-53. Is that the case?

[Dr. Adam Browning]

That's my understanding, sir.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Many of these locals have millions of dollars in assets. What happens to those assets as Bill C-53 progresses?

[Dr. Adam Browning]

Right now, with locals not being under the umbrella of the Métis Nation of Alberta and their new bylaws, as they move towards transitioning from bylaws to a constitution, those assets would be dissolved and transferred to the Métis Nation of Alberta, as would local decision-making.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Many of these locals would have amassed these assets over the last number of years. Your local communities would lose control of them.

[Dr. Adam Browning]

Yes.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Has there been any concern raised in your community about this?

[Dr. Adam Browning]

Like other communities, we're concerned about the transition or the transfer of assets. The biggest concern for us is that, you know, as Métis, we don't have a lot. The biggest concern for us is rights and representation and the ability to see local decision-making that would affect our rights. That's something that we were not prepared to have derided. That's our primary concern. I think a secondary concern was the transfer of assets.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

One of the interesting things around this discussion is that there's a lot around self-determination and self-governance, yet the federal government seems to have funded this entire initiative. Is that your assessment of this as well?

[Dr. Adam Browning]

That is another primary concern of ours, and that would be my assessment.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

It seems the federal government is a live player in Bill C-53, given the fact that it's putting money into determining who is the rights holder, essentially.

[Dr. Adam Browning]

With respect, that's one of our concerns.