My name is Bertha Rabesca Zoe. I'm a Tlicho person. I'm a mother and a grandmother of nine. I'm also a lawyer. I've been legal counsel to the Tlicho Government for a number of years, leading files on the implementation of intergovernmental relations. I wanted to say that to give you an idea of the kind of knowledge that we bring to this table.
With that, mahsi and good morning, Mr. Chair and honourable members of the committee. Thank you for inviting us to speak today. I acknowledge that we are gathered on the traditional unceded territory of the Anishinabe Algonquin nation, and I thank them for hosting us.
I am here as the chief of Behchokǫ̀, located in the Northwest Territories, and as a representative of the Tlicho Government in full support of Bill C-10, an act respecting the commissioner for modern treaty implementation. As a founding member of the Land Claims Agreements Coalition, the Tlicho Government has been advocating for the creation of a commissioner for modern treaties implementation for over 20 years, including co-drafting this legislation with the federal government.
We support this bill as drafted, and we urge you to pass it without amendment. Modern treaties are part of Canada's constitutional framework, and they cover nearly half of Canada's lands, waters and resources. They are not only tools to advance reconciliation; they are how major projects move forward in our territories in a way that works for everyone.
The commissioner would help address long-standing structural and systemic barriers to modern treaty implementation. For example, Tlicho's exercise of jurisdiction over education does not neatly fall within the mandate of one federal department.
The fragmentation of responsibilities across federal departments and the absence of clear accountability have hindered the Tlicho Government's ability to make timely progress on exercising jurisdiction over education with its treaty partners in accordance with the Tlicho agreement. Because there is no dedicated and independent oversight body to assess how these cross-departmental obligations are being carried out, these implementation gaps go unchecked.
As modern treaty partners, there have been times when we have had no choice but to resort to costly disputes and litigation. A commissioner would provide a new path for determining what is and isn't working, identifying barriers early and supporting timely and effective implementation before issues escalate to dispute resolution or the courts.
Some have asked why this role should not simply be left to the Auditor General. The Auditor General's broad mandate spans all of government. It lacks the expertise or capacity needed to provide sustained and effective oversight on modern treaty implementation. Bill C-10 is designed to complement, not duplicate, existing oversight. It includes coordination mechanisms to avoid unnecessary overlap.
You have also heard the criticism that the commissioner would have no teeth. Respectfully, such criticism risks dismissing the accountability role that independent agents of Parliament are meant to play by providing Parliament with the information needed to hold the government to account through independent audits and public reports to Parliament with a focus on results.
One particularity of this oversight model is that indigenous modern treaty partners themselves will provide additional accountability. We will be tracking progress closely and ensuring that reports are acted upon.
Modern treaties are living commitments that span governments and generations.
