Evidence of meeting #32 for Transport, Infrastructure and Communities in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was important.
A video is available from Parliament.
Métis National Council
Madam Chair, I would echo the comments of my colleague, Ms. Hoyt, about making an amendment that removes the schedule. I think reversing the approach to protection being the initial view, and the consideration to opt out of protection, makes good sense.
A greater recognition and understanding about how traditional knowledge is being considered is important as well.
Finally, and this would feed into all of the discussions we've had, ensure that there is appropriate capacity for aboriginal governments to participate in those consultations.
Thank you.
National Vice-Chief, Congress of Aboriginal Peoples
Prior to the changes in the act, 99.9% of the waterways were protected, and we certainly would like to go back to that.
There are a couple of things that we agree with, which Kyle Vermette of the Métis National Council was talking about, in referring to traditional knowledge and capacity. Capacity is important. We want to ensure that community people are engaged in the process, and for us to reach the people, these are the kinds of things we would need to implement to ensure that people are heard.
One thing I particularly want to stress is that when we have 70% of indigenous people living in urban areas now, that's a significant shift in the population. It's important that the people from an urban centre be heard as well. It can happen, if we have the capacity to do so.
Liberal
Vance Badawey Liberal Niagara Centre, ON
I have to make a comment on that. I'm sure you're aware that Minister Wilson-Raybould has stated that Canada must adopt the United Nations declaration. With that, it does speak a lot about what we're speaking about today in particular as it relates to local authorities and having the aboriginal community be included in those local authorities. Therefore, this happens before the fact. What I mean by this is that consultation happens before the fact versus after the fact.
With that, would you like a more formal process within the application guide?
Environmental Assessment Manager, Department of Lands and Natural Resources, Nunatsiavut Government
I think that any consultation process needs to be developed with the groups that you want to consult. The consultation process that might work for the Navigation Protection Act, as it may become, might be different from CEAA consultation and different from the Fisheries Act authorization and consultation. I think the process would have to be developed, and there are many groups involved. The Nunatsiavut Government, as I said, represents the Labrador Inuit. There's also the Inuit in Nunavik, and the Inuvialuit in the western Arctic. They're not here to speak for themselves, and I'm not speaking for everybody, but that's just the Inuit, and then there are also the Métis and the first nations.
Métis National Council
Madam Chair, the Métis National Council is made up of its five governing members. Ultimately, what the mechanism would look like for decision-making would need to be developed through our governing members. I think that's an important aspect from our perspective. I think that I would share your view that the United Nations declaration acknowledges and requires early access information, and one of the easiest ways to do that is to ensure that the Métis nation is a part and a member of the decision-making body.
Thank you.
Liberal
Sean Fraser Liberal Central Nova, NS
Thank you very much to each of our witnesses. I found your testimony very helpful today in understanding the indigenous perspective of the changes to the Navigation Protection Act.
I'd like to start out on the list of scheduled waters. As my colleague Mr. Badawey alluded to, there is a process to add waterways to the list. Was that process ever made known to the groups that you each represent?
Mr. Beaudin, I saw you shake your head.
National Vice-Chief, Congress of Aboriginal Peoples
Yes, that's correct. We were never consulted with respect to what you referred to.
Liberal
Sean Fraser Liberal Central Nova, NS
Ms. Hoyt and Mr. Vermette, was the process to add waterways ever made known to your respective organizations?
Environmental Assessment Manager, Department of Lands and Natural Resources, Nunatsiavut Government
The process is in writing, but we have not been approached to ask whether we want to add any or whether we felt that the list that is currently on the two waters that are protected in the schedule is sufficient. We haven't been consulted.
Métis National Council
I'm not aware of any formal communication to indicate that it is a process that's available to the Métis National Council, so in response to your question, I'm not aware of that having happened.
Liberal
Sean Fraser Liberal Central Nova, NS
Thank you.
One of the reasons I ask is it's unclear to me whether indigenous levels of government have the same access to make requests that municipal governments or provincial governments do, and I was curious to know if it was ever communicated to you for that reason.
If the schedule does stay as part of this, I find it cumbersome. I find it difficult to get something added to the list. Is there a method, other than just keeping the list wholesale, that would make it easier for users or indigenous groups to make a simple request to have a waterway tentatively added to the list pending a further investigation? Is there some mechanism you can think of that would, without doing a wholesale reversal, make it easier for your various organizations to make sure the waterways you use for navigation are protected?
Ms. Hoyt.
Environmental Assessment Manager, Department of Lands and Natural Resources, Nunatsiavut Government
No, even in our interactions with the federal government on changing any schedules to any acts that I'm aware of, I don't think there is a simple way, unless we were to reverse it and have a list of what is not protected. I think that makes more sense to us.
Métis National Council
I would agree. I think the Métis nation's relationship with the federal government, and, I would say, the recognition of the federal government's relationship with the Métis nation, is new, so we don't have a whole lot of experience with efficient ways to make changes to federal legislation.
Liberal
Sean Fraser Liberal Central Nova, NS
That's a fair comment.
Mr. Beaudin, short of doing a wholesale reversal, is there a way that would make it easier for groups within your organization to add to the schedule waterways that you use for navigation?
National Vice-Chief, Congress of Aboriginal Peoples
There are a number of government officials who work within the departments. A phone call or an email stating that this is what the federal government is looking at would probably go a long way in terms of informing our constituents and the organization. What we do is pass on that information to all the presidents and chiefs among our provincial and territorial organizations across Canada.
Liberal
Sean Fraser Liberal Central Nova, NS
I will have to plead a bit of my own ignorance here. I am a lawyer by trade but have no expertise in aboriginal law. My basic understanding is that traditional practices that were in place at the time of European contact would be protected under the Constitution.
Mr. Beaudin, is there not already a constitutional duty to consult when there is a project that's going to impact a waterway that was historically or traditionally used for navigation?
National Vice-Chief, Congress of Aboriginal Peoples
There is, but what we are finding is that, over the last number of years, it has been watered down quite significantly. Again, some of the concerns.... I'll give you an example from Saskatchewan. When we attend any kind of meetings with government officials, the constituents are concerned that it will be considered consultation if you ask one or two questions. That's one thing that comes out all the time: they don't believe it is consultation. It has to be deeper with respect to some of the information we are seeking.
That's where we are coming from with respect to the congress.
Liberal
Sean Fraser Liberal Central Nova, NS
I have only a minute or so left, so I'll ask a very quick question. This is for each of you.
I assume that some kind of mandatory notice to indigenous organizations in the region anytime a project will impact a navigable waterway is an essential component of any changes made to the legislation.
Mr. Beaudin, go ahead.
National Vice-Chief, Congress of Aboriginal Peoples
Yes, for sure, I agree with that.
