Debates of Oct. 25th, 2018

Filipino Heritage Month

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

In my opinion, the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, October 31, 2018, immediately before the time provided for private members' business.

A motion to adjourn the House under Standing Order 38 deemed to have been moved.

Indigenous Affairs

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, in June, when I asked the government why there is still no indigenous housing strategy, the then Parliamentary Secretary to the Minister of Indigenous Services replied that budget 2018 had put aside some monies for indigenous housing and that the housing gap they experience is unacceptable. It is almost six months later, a year since the national housing strategy was tabled and three years since the government was elected, and we still have no indigenous housing strategy. How unacceptable is that?

I am sure that the parliamentary secretary will agree with me that the monies announced so far in budget 2018 are really just a drop in the bucket and that the need for culturally appropriate housing for indigenous people is a huge ocean. However, the government has seen fit to delay an indigenous housing strategy. Yes, the Liberals say it is coming, but we must see something concrete, otherwise their commitments are just words. I know they did not forget about it, but I wonder if it is important enough.

The appalling conditions on reserves are unacceptable. There is mould, overcrowding, and no safe drinking water, and I could go on. Some 87% of indigenous people in Canada live off reserve and they also face 10 times the risk of housing insecurity and homelessness as non-indigenous Canadians do. This is unacceptable.

In my community of Saskatoon West, I met someone who lives in an unheated garage because there is nothing else he can afford. How is this acceptable in a country as rich as ours? It is unacceptable that a full year after announcing a national housing strategy, the government has yet to announce an indigenous housing strategy. It is unacceptable and offensive that the government would overlook the pressing and dire housing conditions that indigenous people face.

It is beyond insulting that the best the Liberals can do is to create a housing design competition. It is no wonder that it has been called the “Hunger Games of on-reserve housing” by advocate Arnell Tailfeathers. The issue of housing and poverty is not to be relegated to something as demeaning as a contest in order to win prizes. However well intentioned it may be, it absolutely misses the mark of dealing with the housing issues within first nations that are at a crisis point.

As my colleague, the hon. member for Timmins—James Bay has said: “This is a publicity stunt by a government that promised better. They have chronically underfunded housing needs on reserve. So many innovative projects have died on the desks of an indifferent ministry. They are shifting blame.”

Year after year, government after government have pledged to do more, but still the conditions on reserve persist. The knowledge is there, the money is there, yet no government has had the political will to act and make a difference. So much for real change. It is more of the same from the current government. Other than pretty words, the government has all but ignored indigenous housing. That is so much more more disappointing than the previous government's blatant disregard.

I would ask the parliamentary secretary if he could explain why buying a pipeline is more important than fixing the housing crisis in Canada, particularly for indigenous peoples.

[Dan Vandal, Parliamentary Secretary to the Minister of Indigenous Services, Lib.]

Madam Speaker, I thank my colleague for her question, and I want to acknowledge that we are on traditional territory of the Algonquin peoples.

Our government is committed to closing the unacceptable housing gap for indigenous peoples. We made a significant investment of $554.3 million early on in budget 2016 to address urgent housing needs on reserve. As a result of these investments, 14,107 total housing units have been or are being built, renovated, retrofitted or lots serviced as of June 30, 2018.

Indigenous Services Canada, in partnership with the Assembly of First Nations and Canada Mortgage and Housing Corporation, will continue to work with first nations to reform on-reserve housing and ensure reliable, sustainable infrastructure for indigenous peoples.

Indigenous leaders have been clear. They do not want a one-size-fits-all approach for improving indigenous housing. The government agrees. This is why, in addition to the national housing strategy funds through investments made in budgets 2017 and 2018, the government has dedicated funding to support the successful implementation of each of the distinctions-based housing strategies, including $600 million over three years to support first nation housing on reserve as part of a 10-year housing strategy that is being developed with first nations; $400 million over 10 years to support an Inuit-led housing plan in Nunavik, Nunatsiavut and Inuvialuit Settlement Region. This is in addition to the $240 million over 10 years announced in budget 2017 to support housing in Nunavut.

A draft Inuit Nunangat housing strategy has been co-developed by Inuit partners, Crown-Indigenous Relations and Northern Affairs Canada, Canada Mortgage and Housing Corporation and Employment and Social Development Canada. It is expected that the strategy will be finalized over the coming months. In addition, there are $500 million over 10 years for the delivery and control of affordable and social housing by the Métis Nation, the first of its kind in Canada.

On July 19, the Minister of Crown-Indigenous Relations, the president of the Métis National Council, Clément Chartier, and the presidents of the MNC governing members signed the Métis Nation housing sub-accord. The Métis Nation housing sub-accord reflects a shared commitment to narrow the core housing gap and further indigenous self-determination in this important area of social policy.

We will continue working with partners to advance indigenous-led approaches to close the housing gap for indigenous peoples. I look forward to working with the member opposite on this critical issue and thank her for her strong advocacy.

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I am hopeful, which perhaps it is not a good thing to be sometimes. I am disappointed, but I am hopeful.

The parliamentary secretary mentioned that the indigenous housing strategy would be brought forward. However, what we often hear from the government is a list of actions and funding in the hopes that somehow people will be dazzled by that and think it is enough. It is not enough.

It is not enough to build better housing needed on reserves and it is not enough to bring clean drinking water to the schools and families forced to live in third-world conditions. It is a big problem that needs big, bold action. I want the government to step up sooner rather than later; stop talking about the issue and actually stepping up and acting.

[Dan Vandal]

Madam Speaker, we are deeply committed to renewing the nation-to-nation, Inuit-Crown and government-to-government relationship with indigenous peoples. We believe all Canadians should have access to safe, adequate and affordable housing. I know my hon. colleague is a strong advocate on this as well.

Indigenous leaders have told us that when it comes to housing in first nations, Inuit and Métis Nation communities, the best approach is one that respects the distinct needs of each group. We will continue to work with our first nation, Métis and Inuit partners to develop and implement distinctions-based housing strategies that are tailored to their needs.

It is never wrong to have hope and I offer that advice for the hon. member.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, what is the price of a political vendetta? If one is the Minister of Crown-Indigenous Relations and is trying to shut down the survivors of St. Anne's residential school, the cost is $2.3 million and counting. That is what the current government has been willing to spend to fight survivors of some of the most horrific child sexual abuse, torture and child rape ever perpetrated in Canada.

What issue is the government trying to suppress? It was the decision by the Justice Department of Canada to take 10,000 pages of evidence, the names of 180 perpetrators, that it was legally obligated to turn over to the hearings of the St. Anne survivors, and instead of presenting that evidence, present what is a lie, in a legal term, a false evidence narrative. It was the department's obligation to present what documents there were to say that there was no history of sexual and physical crimes at St. Anne's. However, there were so many. Bishop Jules Leguerriere is named in the list. There is also Bishop Henri Belleau and Father Langlois. Father Arthur Lavoie has a persons of interest report of over 2,000 pages. That was suppressed.

What was the effect of that? The cases were thrown out. I would never have stood in the House and spoken on a case before hearings, except this was brought to me in 2013, almost 10 years into the process. Edmund Metatawabin came to me and said his people, who have suffered so much, were having their cases thrown out. They were being told they were not believable. He said that justice department lawyers were lying in the hearings, because the department has these documents. I thought at the time, as a member of Parliament, that if I wrote to ask how it were possible in a legal process for them to suppress evidence, this would be handled.

They were forced to turn over documents, but then the question is, what about justice in the cases? Therefore, I wrote to the oversight committee of the independent assessment process asking what happens when the government fails in its duty. No one dealt with it. I wrote to the adjudicators to ask what happens when people are denied their most basic legal rights. No one dealt with that.

What happened was that two cases came forward. This is where the $2.3 million has been spent. One case, H-15019, was by a victim of horrific child rape. Government lawyers said he was not believable, that they could not even prove that the perpetrator had been in the institution at the time, despite the fact they had a massive file on that person. That predator had been at that school for 40 years. The justice department knew it, and it got the case thrown out. When this person used his basic legal rights to go back to reopen that case, the government said it could not be done.

I want to read something. Phil Fontaine rose on this issue at the AFN. He said Canada had a legal obligation, because procedural fairness is a fundamental principle implied in the Indian residential school settlement agreement and the IAP. These were designed to be fair, reasonable and in the best interests of the claimant. In his affidavit he said the he always expected that the IAP would “respect First Nation and Inuit individuals' rights...with a process at least as fair as any other hearing before a court or similar process.”

He said in his affidavit that he would not have signed the agreement if he had known the basic principle of procedural fairness would not be respected. The government lawyers ridiculed Fontaine's position, saying that the court should not give any evidentiary weight to his affidavit—the affidavit of the person who had signed the Indian residential school settlement agreement—and said that his paragraphs were largely speculative and done in hindsight and that it was of no assistance to receive theoretical views of subjective intent. They were not of subjective intent—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Unfortunately, the time is up. The hon. member will have another minute.

The hon. Parliamentary Secretary to the Minister of Crown and Indigenous Relations.

[Marc Miller, Parliamentary Secretary to the Minister of Crown-Indigenous Relations, Lib.]

Madam Speaker, we are committed to justice for all Indian residential school survivors. As the member well knows, our government has provided all the documents to the courts, those that have been asked for, when it comes to St. Anne's residential school. We are also working with those claims that were affected by the previous government's actions, to settle those in a fair and equitable way.

It is important to note that more than 95% of all claimants from St. Anne's have received compensation much higher than the national average for residential school claims. As the supervising court has made clear, “the evidence shows that Canada has kept its promise and continues to keep its promise.”

While most claims have been resolved, those few remaining do include the most difficult and challenging. Unfortunately, that has led to far too many court challenges.

As the administrator of the IRSSA, Canada has a duty to defend the integrity of the process and to ensure fairness for all participants. These cases have brought further clarity to the process, ensuring that all survivors are treated equitably and in the spirit of the Indian Residential Schools Settlement Agreement that was approved more than 12 years ago.

The legal fees referenced by the hon. member are an accounting of existing internal legal resources, which were dedicated to ensuring that claimants received the compensation they deserved and the integrity of the independent process. No outside fees have been incurred in any of the cases brought against Canada.

It is also important to note that Canada has never, and our government will never, seek legal costs against any individual claimant.

In exceptional circumstances, costs can be sought against lawyers who do not appear to be acting responsibly. Sadly, in one of the cases the member refers to, the court has stated that counsel's “repeated and deliberate attack on the integrity of this Court threatens to interfere with the administration of justice”. Baselessly attacking the credibility of the courts and of the independent assessment process that has handled more than 38,000 cases does a great disservice to survivors.

Counsel is responsible for the symbolic costs that have been awarded, and they will be donated to a fund that supports former students.

Our government has reached negotiated settlements to undo the harm caused by the previous government's unethical legal arguments, such as the so-called administrative split.

Our government has reached negotiated settlements to address claims of student-on-student abuse, which faced too high a legal bar to be fairly compensated.

We have repeatedly shown the willingness and desire to work closely with survivors to help them on their healing journey and to undo the terrible legacy Indian residential schools have left in Canada.

As the courts have said, the evidence is clear that our government has kept and is keeping its promise to residential school survivors.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, that is ridiculous. The Minister of Crown-Indigenous Relations spent $2.3 million fighting survivors of child rape. Why? It was because her officials went in, suppressed evidence and lied in those hearings.

When Phil Fontaine brought forward his affidavit on the fundamental legal principle of procedural fairness, he said that they never would have signed this Indian Residential School Settlement Agreement if the rights to procedural fairness that were given to survivors who fought in court were also given under the IAP. We have the minister's officials going all the way to the superior court to shut down two key cases. They are not difficult cases. They are the cases that will show how far the current government has gone to suppress evidence. Yes, some St. Anne survivors have received compensation, but we have no accurate idea of how much compensation has been denied because of the refusal of the government to turn over evidence.

Therefore, I ask my colleague this. What kind of government allows a kangaroo court where people are denied procedural fairness? This is the question. Carolyn Bennett has a vendetta against the—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I am sorry, the hon. member is out of time. The hon. member does know that he is not to mention an MP or minister by name in the House of Commons.

[Marc Miller]

Madam Speaker, I want to acknowledge the passion with which the member opposite conveys his point. However, I disagree strongly with some of the conclusions he is drawing.

[Charlie Angus, NDP, Timmins—James Bay, ON]

What? Survivors of child rape?

[Marc Miller]

Madam Speaker, I gave the member the opportunity, quite quietly, to advance his point, however passionately, without criticizing. I would ask that he accord the same respect to me, as he is leaving the House.

As we have said, with respect to Indian residential school court cases, Canada has not, and will not, seek costs against survivors. In exceptional circumstances, costs can be awarded by the courts against counsel whose conduct they find questionable and that undermines the integrity of the court system.

We have repeatedly shown the willingness and desire to work closely with survivors to help them on their healing journey and undo the terrible legacy Indian residential schools have left in Canada.

As the member opposite well knows, 95% of the claims in respect of St. Anne's residential school have now been resolved.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The motion to adjourn the House is now deemed to have been adopted. Accordingly, the House stands adjourned until tomorrow at 10 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 6:04 p.m.)