House of Commons Hansard #81 of the 43rd Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was peoples.

Topics

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:50 a.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, indeed I have spoken to indigenous leaders across Canada, including the leaders of the treaty peoples in western Canada. A large number of indigenous leaders have expressed concerns. I recognize that, and we are in dialogue with them. There is also a greater number of indigenous leaders from the myriad leadership structures, and in particular traditional structures across Canada, and we are engaging with as many of them as we possibly can. We will continue to engage with them in order to move this process forward in a positive way.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:50 a.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Mr. Speaker, going back to my last point, the government promised to put forward the bill last year. Now, in the eleventh hour, it is being forced to put in a time allocation. I question if the bill really is a priority for the current government in the way that Liberals keep pushing the date back. We are in the eleventh hour. We are now putting in place a time allocation. I wonder how sincere the government is in actually getting the bill through, if it will stop playing games and get this process going properly.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:50 a.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, this is precisely what we are doing. Since I was renamed after the 2019 election, I have been working hard to develop the bill. We were sidetracked by COVID, quite frankly. I will be honest, it was around the time we were considering tabling the previous version. In that case the consultation process had a very different flavour.

We quickly shifted gears with COVID. We began to consult with indigenous people over the summer as a pre-consultation precisely not to lose the time that we had. I can assure the hon. member that much of my summer was taken up by those consultations. We moved to table it in the House of Commons as soon as we could incorporate the suggestions made in that pre-consultation period. We are serious about this. We have done this diligently and we are going to get this through.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:50 a.m.

Bloc

Mario Simard Bloc Jonquière, QC

Mr. Speaker, earlier, my colleague from Kingston and the Islands said we were trying to stretch debates out for as long as possible. I just want to point out that the government is responsible for the parliamentary calendar and that there was a prorogation that cost us a lot of time.

With respect to time allocation motions, I also want to point out that, when we realized that we were wasting our time, not to repeat myself, on the MAID issue, we were in agreement.

Parts of the preamble to the bill before us now are utterly unintelligible. We have talked about this bill for just one hour, and now here we are with a time allocation motion. I think that is irresponsible of the government and that the government itself is partly responsible for delays in the legislative process.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:50 a.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank my hon. colleague for his question.

We want to ensure that this bill gets passed. It is very important. The bill guarantees the fundamental rights of indigenous peoples across Canada. We are in contact with indigenous leaders across Canada, including Quebec. I met with several chiefs and leaders in Quebec, virtually of course, individually or in their communities, or through federations of associations.

It is very important that this bill gets passed. I thank the hon. member for his support on the MAID legislation. I would like to assure him, and my colleagues from Quebec, that we are working very hard to make sure this bill passes.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:55 a.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

It is my duty to interrupt the proceedings at this time and put forthwith the question on the motion before the House.

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Kingston and the Islands.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:55 a.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I would request a recorded vote.

Bill C-15—Time Allocation MotionUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

10:55 a.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #91

United Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

11:40 a.m.

Liberal

The Speaker Liberal Anthony Rota

I declare the motion carried.

The House resumed from February 17 consideration of the motion that Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, be read the second time and referred to a committee.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

11:40 a.m.

Liberal

The Speaker Liberal Anthony Rota

I wish to inform the House that because of the proceedings on the time allocation motion, Government Orders will be extended by 30 minutes.

Debate.

The hon. member for Manicouagan.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

11:40 a.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, from the outset I would like to say that it is an honour to speak in the House to Bill C-15. This is an historic bill and I hope we will be able to adopt it swiftly.

My colleagues know that I represent a northern riding and the majority of its population are members of the Innu or Naskapi nations. I rise in the House with my brothers and sisters from the North Shore and the Nitassinan in mind. I speak for the communities of Essipit, Pessamit, Uashat, Maliotenam, Unamen Shipu, Kawawachikamach and more. It is for these communities and the entire North Shore, which is also in favour of this bill, that I rise today.

This bill comes in the wake of great moments in our history in Quebec, including the Great Peace of Montreal in 1701, which forged the alliance between our adoptive ancestors. My own ancestors were not on Quebec soil at that time, but that is what happened between the French and the indigenous peoples.

I will talk about three things today, one of which is extremely important to me because there are many myths about Bill C-15 and the United Nations Declaration on the Rights of Indigenous Peoples. We must deconstruct these ideas, comments and opinions, which lead our reflections on the issue in the wrong direction.

Before speaking about self-determination, the third point of my presentation, I would like to remind members of the positions and actions of the Bloc Québécois that are in line with what we are doing today in the House.

The Bloc Québécois has promised on several occasions to be an ally of first nations. Whether in my work as an elected member or in the case of the entire Bloc Québécois, we have never wanted to speak for first nations. On the contrary, we want to be a conduit. These are nations. Quebec is a nation. To have a respectful relationship, we must let the other speak. Today, I hope that my words and those of the Bloc Québécois demonstrate that we wish to convey the words, wishes and desires of first nations.

It will not come as a surprise if I say that we support the bill. The Bloc Québécois has stated its support for the declaration many times. Even in the previous Parliament, we were in favour of Bill C-262, which was introduced by one of my former colleagues. I cannot name him in the House, but he knows who he is. I thank him.

We have always been an ally to first nations, and we support the declaration that was signed over 15 years ago as well as the previous bill. Despite introducing private members' bills about this over the past 15 years and pressuring the government, we still have not managed to pass a bill. That is why I want to emphasize that passing this bill is urgent. This is just the first step, and there will be more to follow, including the implementation. It is very important that this be done quickly for first nations.

I now want to talk about the concerns that have been expressed by different communities. Although the concerns are shared in different ways, they all come down to the feeling of a loss of control. I always find that surprising, since we are talking about first nations' rights. I do not think we should even be asking these questions, on principle, since these are their rights. These rights belong to them.

There are nevertheless some concerns that may play on fear, whether consciously or subconsciously. Sometimes these concerns are born out of a lack of understanding, which is why we need to dispel the myths.

The first has to do with free, prior and informed consent, known as FPIC, a topic that has evoked some strong feelings in almost all of the speeches. We hear so much about FPIC, as though it were the only key to adopting the United Nations Declaration on the Rights of Indigenous Peoples and enshrining it in law.

However, we are told that FPIC is a veto right, which blurs the line between two completely different notions, but what we hear is that consent is a veto. The first point I want to make in my speech is that these two notions are completely different. Consent is not a veto. FPIC is a notion all on its own.

According to the United Nations Declaration on the Rights of Indigenous Peoples, we have an obligation to co-operate in good faith with indigenous peoples in order to obtain their free, prior and informed consent. We are therefore not talking about a veto.

There is no significant difference between such consent and the duty to consult established by the Supreme Court. This is nothing new, and it is something that should always be done. I agree with the declaration. I agree with obtaining the consent of a people or nation living in a territory with regard to activities that will have a direct impact on them and on their lives, culture and health. In my opinion, we should all agree on that.

I have lots of things to say, but I will move on to another point people often raise about how there is some uncertainty regarding the legislative intent. The Minister of Justice said that the legislative intent was not to grant veto power. He said so clearly during his speech at second reading of Bill C-15. I do not have the minister's exact quote here, but I am sure it is in the official report of the House of Commons Debates.

Now I would like to talk about the legal definition of consent. Consent was already required in the past, though it was not called that. It already existed. Now it is being named and made mandatory. Examples from history are the James Bay project in the 1970s, the Oka crisis and the Grande Baleine project. First nations were being asked for consent back then.

In any case, the first nations are rallying and mobilizing. We have seen it over the past couple of years. Political pressure is being exercised on many fronts and it is warranted. There is a desire be consulted and to be able to provide free and informed consent.

There is another concern regarding the revenues generated by resource-related activities. I think the issue of royalties is simply ridiculous, and I believe the British North America Act is clear on the matter: Quebec and the provinces are owners of their own land and the resources therein. In the case of Quebec, this is an absolutely indisputable interpretation of the Constitution. There is already an agreement on the sharing of revenues from these resource development projects. That already exists.

When it comes to wealth sharing, I do not see how anyone could have a problem with sharing the revenues with the first nations who live on the land, creating jobs for those first nations and promoting wealth creation in remote areas like mine. The Bloc Québécois believes that sharing resources is patently obvious. It is necessary, and it goes without saying any time there is an agreement, a deal or a consultation with first nations.

I will address another point, but first I would like to conclude my thoughts on Quebec's jurisdictions, as I was talking about earlier.

On Bill C-15, the Minister of Justice said the following:

Let me be clear: Bill C-15 would impose obligations on the federal government to align our laws with the declaration over time and to take actions within our areas of responsibility to implement the declaration, in consultation and cooperation with indigenous peoples. It would not impose obligations on other levels of government.

The notion that this would infringe on Quebec's and the provinces' jurisdictions is yet another myth and another concern that I want to debunk. This is not true. The intent seems quite clear in this legislation. The Bloc Québécois will be voting in favour of the bill precisely because our interpretation is that the bill does not infringe on the provinces' exclusive jurisdictions.

I want to talk about the notion of self-determination under the declaration, since that is exactly what it does. The declaration recognizes that indigenous peoples and nations have the right to self-determination. Members will know that a nation's right to self-determination is something that we in the Bloc Québécois hold dear. I do want to point out that this right to self-determination is an internal one. It has nothing to do with a state's borders, and this is made clear in several articles of the declaration. This right to self-determination can simply be interpreted as an inherent right to self-government within a sovereign state's legal framework. There is autonomy, but within the legal framework of a sovereign state, within Canada. I hope that one day this will apply to Quebec.

On top of that, international law has adopted the United Nations Declaration on the Rights of Indigenous Peoples. There is a lesson to be learned from what has been done internationally.

Canada has also taken a position in support of UNDRIP. We agree, but there is one more step to take. We must follow through and finally pass Bill C-15. Then we need to implement it, which we hope will be done swiftly. There is talk of a three-year time frame, but we would like to move quickly and see that shortened to two years. My first nations brothers and sisters have been waiting long enough.

In closing, I would like to quote a few passages from UNDRIP that I think are clear examples of why we should pass this bill very quickly. These are points that everyone agrees on and, again, I have a hard time understanding how anyone could not support this. I will now quote a few articles all at once. Article 10 states the following:

Indigenous peoples shall not be forcibly removed from their lands or territories.

I do not know how anyone could be against that. The declaration also states the following:

Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.

These are fundamental rights. Who is against that? I will continue:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights....

I would ask the same question. The declaration also states the following:

Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining....

Who is against that? I will continue:

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.

Once again who is against that? This is my last quote:

States shall provide effective mechanisms for prevention of, and redress for:

...

(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;

(d) Any form of forced assimilation or integration;

...

There are many other articles I would like to read, but they are all along the same lines. They speak about rights, integrity, freedom, essential needs and respect; in the end, they are about human beings.

In closing, the Bloc Québécois obviously supports Bill C-15 because we agree with the principle of it. We would like to see the bill be implemented quickly. With regard to all the misconceptions surrounding Bill C-15, I would like people to learn more about the bill and for us to talk about it, because we need to clear up those misconceptions. We must not vote based on impressions or opinions, but on facts, and we always need to remember that we are talking here about the rights of nations.

At the same time, since the Bloc Québécois obviously seeks to speak on behalf of Quebec, I would like to remind the House that, on Tuesday, October 8, 2019, the Quebec National Assembly unanimously adopted the following motion:

THAT the National Assembly acknowledge the conclusions of the Viens Commission, expressed on 30 September 2019, as regards the responsibility of the Québec State with regard to the overwhelming and painful findings set out in its report;

THAT it recognize, as the leaders of all the political parties represented in the National Assembly have affirmed, the importance of taking concrete actions, now, to put an end to discrimination against the members of the First Nations and the Inuit and to forge egalitarian relations with them;

THAT it acknowledge that the report from the Commission Viens calls on the Québec Government to recognize and implement the United Nations Declaration on the Rights of Indigenous Peoples, a recommendation also made in the report of the National Inquiry into Missing and Murdered Indigenous Women and Girls tabled last May;

THAT the National Assembly ask the Québec Government to recognize the principles of the United Nations Declaration on the Rights of Indigenous Peoples and commit to negotiating its implementation with the First Nations and the Inuit.

The will of Quebec, which I am expressing today, and the will of first nations are clear.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

Noon

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, I would like members of the House to think in terms of reconciliation. I want to emphasize that Bill C-15 is about the United Nations Declaration on the Rights of Indigenous Peoples. UNDRIP is an international call for action that was adopted by the United Nations back in 2007.

I will quote from one of our Canada websites, dated November 12, 2010. It states:

Canada joins other countries in supporting the United Nations Declaration on the Rights of Indigenous Peoples. In doing so, Canada reaffirms its commitment to promoting and protecting the rights of Indigenous peoples at home and abroad.

I believe that all members of the House of Commons recognize the importance of reconciliation. Would the member provide her thoughts in regard to the timing and how critically important it is, after years of certain types of delays, which I will not go into, for the House of Commons pass the legislation?

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:05 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, I thank my colleague for his comments and his question.

This bill certainly is timely, and much of it makes sense. As I said several times in my speech, we are behind the times. I would not want to shut down this debate or these discussions, but I would like things to move ahead quickly so the bill can be passed and brought into force.

I often talk about my personal life. We are members of Parliament, but we are also people, and that shows in what we do. I like when we are proactive and decide to step up and do the courageous thing. I am a Bloc member, obviously, so for me, respect for human rights is a given. We have to pass this bill. Given everything that has been said so far, I do not see how anyone could oppose it.

Yes, this is an opportunity we must seize, and I hope the government will expedite the process and put this bill on its legislative agenda so we can pass it quickly.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:05 p.m.

NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Mr. Speaker, I thank my colleague for her very dynamic and very clear speech.

For members from regions where many indigenous peoples live, the fight for justice for them is particularly important. These peoples are very resilient, even though they continue to live in Canada in conditions comparable to those of third world countries and their rights are oppressed.

Does my colleague agree that the government's fine talk about reconciliation and the importance of its relationship with indigenous peoples is not enough? What it must do is take real action. We must pass this historic bill as well as make significant investments and do whatever is necessary to deliver justice to indigenous peoples across the country.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:05 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, I thank my colleague for the question. I know that the first nations are important to her because we have had the opportunity to talk about it.

Of course I wish the government would do more than pay lip service and express its good intentions to legislators. We want real action, and we can simultaneously work on an implementation plan. I imagine that in 15 years, some thought has been given to how to bring in the required measures.

My colleague talked about living conditions comparable to those in the third world. With all due respect to the first nations, in some places there is no drinking water and no one is ever sure when the food will arrive. Some communities are grappling with climate change. Then there are all the problems related to COVID-19: How can they respect social distancing rules when they do not have a roof over their heads and have to share housing with several families? How can they protect themselves when they have to isolate but someone shows up with the virus?

It is not just those regions that are far away; often,our knowledge of first nations is also miles away from where it should be, to make a play on words. I would urge my colleagues to find out more about first nations. Anyone who is less familiar with first nations, who may not have had the opportunity to see their communities or to visit them regularly, might learn something about how important this bill is.

People in some of these communities do not even have access to clean drinking water or have a roof over their heads. This is 2021. We have a duty to act.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:05 p.m.

Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Mr. Speaker, it is good that I can ask some questions on this subject, but it is unfortunate that it is in the context of time allocation. Once again, we find ourselves in this situation.

The member from the Bloc talked about a number of myths. I would ask her to comment very specifically on the fact that it is a myth that all indigenous peoples in the country oppose resource development. In fact, I hear from many indigenous peoples across my constituency, my province and the country. They have expressed great concern about the implementation of UNDRIP and some of the associated policies that inhibit the economic opportunity of indigenous peoples, specifically in regard to resource development.

The member talked a little about some of the myths, and I would like her to comment on whether she would acknowledge that it is in fact a myth that all indigenous peoples oppose resource development.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:10 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, the myth is that all indigenous peoples oppose development.

In my riding of Manicouagan, we have mines, fisheries, hydroelectricity and a number of related projects. I come from a resource-rich region, and these projects are already happening.

What we want is free and informed consent. First nations are interested in their economic development. If there is a myth, it is that first nations are not interested in their economic future, but that is completely false.

First nations want to be consulted. I think that is what the people of Quebec, Alberta, Saskatchewan, Ontario and New Brunswick want as well. Asking first nations what they think and seeking their consent is the right thing to do, as history shows. I am thinking of Hydro-Québec in particular.

First nations are interested in their economic development. They believe that adopting the declaration and enshrining it in Canadian law will help them.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:10 p.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, it is so important that we are having this conversation. I want to talk about some things that are a little Alberta-specific, so I hope the member will be patient with me.

Since November 2016, the Metis Settlements of Alberta has unanimously endorsed the United Nations Declaration on the Rights of Indigenous Peoples. Although the legislation before us comes late and has lacked full consultation, as we have heard in the House today, it is a first step that has the potential to ensure a real working framework for better outcomes for indigenous peoples, including for my colleague, Blake Desjarlais from the Métis community of Fishing Lake, one of eight Métis settlements in Alberta.

Although the original content of the bill under former Bill C-26 is lacking in this version, we need to ensure that the intent is still to ensure true nation-to-nation relations and real reconciliation that must put indigenous people in the driver's seat.

I am wondering if the member could comment on this. Does the member agree that this is, in fact, the true goal of UNDRIP, to ensure that indigenous people are in the driver's seat and are leading the reconciliation?

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:10 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, I thank my colleague for her comments.

I am pleased that she spoke about what is going on in her home province. We are here to work together, debate and improve the bill. She made some compelling comments.

I completely agree that the first nations must be at the forefront of our discussions. I am a member of the Bloc Québécois, so I want to speak for Quebec. I do not want others to decide what is good or bad for Quebec. That is a decision for me and all Quebeckers to make. The same goes for first nations.

First nations have rights too, and I want them to be able to weigh in on this issue.

As an elected official and a human being, I feel strongly about being able to make free and informed decisions, and first nations are no different.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:10 p.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Mr. Speaker, it is such an honour to rise today to speak to this very important bill. I would like to start with commending all those who spent so many decades drafting the United Nations Declaration on the Rights of Indigenous Peoples and the grassroots, leadership and civil society groups that have brought us here today.

I would also like to thank those who introduced bills in support of the implementation of UNDRIP, such as former members of Parliament Denise Savoie and Tina Keeper, or tabled motions in its support, as former MP Irene Mathyssen did.

The NDP has a long history of support for the UN declaration. For instance, in 2006, the late Jack Layton wrote to the UN of our belief in social justice and equality leading us to support the declaration. He stated that even before the UN General Assembly had adopted it.

I would also like to give a special acknowledgement to my partner, Romeo Saganash, whose Bill C-262 forms the basis for Bill C-15, the bill we are debating today. It has been a very long road to get here.

The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the UN General Assembly in September 2007 to enshrine the human rights that, as it outlines, “constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” I would also respectfully suggest adding the security of the person to that list.

The declaration was the result of over two decades of negotiations between indigenous peoples, civil society groups and nation states. It consists of 24 preambular paragraphs and 46 articles that define the inherent minimum human rights of indigenous peoples. This was a recognition that the rights of indigenous peoples were being violated throughout the world.

The articles within the declaration affirm the social, cultural, political, economic, environmental and spiritual rights of indigenous peoples. They include the right to self-determination, the right to free, prior and informed consent over matters impacting indigenous rights, including resource extraction on indigenous lands and territories.

Should these rights be violated, article 27 of the declaration also provides for fair and mutually acceptable procedures to resolve conflicts between indigenous peoples and states, including procedures such as negotiations, mediation, arbitration, national courts, and international and regional mechanisms for denouncing and examining human rights violations.

It is important to note that the requirement for free, prior and informed consent in activities of any kind that impact on indigenous peoples, their property or territories, differs in law from a veto. Courts are obliged to take into consideration the facts, circumstances and applicable laws in any given cases, while veto is an absolute concept in law.

Canada, over a period of two decades, was an active participant in the drafting of the declaration, along with numerous indigenous organizations and representatives, and other states. However, despite that hard work, Canada, under the Harper government, opted to oppose the adoption of the declaration in 2007 with three other countries: Australia, the United States and New Zealand.

Although the current Prime Minister indicated in 2015 that the “most important relationship” was with indigenous peoples, he, along with the Liberal caucus, continued to not support Bill C-262, which was introduced in April 2016.

It was only through public pressure that the Liberals finally caved and voted in favour of Romeo Saganash’s bill. This was in spite of the fact that during the 2015 election campaign, the Prime Minister promised repeatedly to adopt and implement the UN declaration.

It is time we move away from the Indian Act, and move forward in protecting the rights of indigenous peoples throughout Turtle Island. It is time that we confirm the application of the United Nations Declaration on the Rights of Indigenous Peoples in Canadian law, obliging the government to ensure that all legislation is consistent with the rights articulated within the declaration, as well as to prepare and implement an action plan to achieve the declaration’s objectives, including addressing injustices, combatting systemic racism and discrimination, and eliminating violence against indigenous peoples.

However, as we speak here today, we are very far away from achieving that goal. Today, as I rise in the House, the current government is in breach of the Canadian Human Rights Tribunal ruling to immediately stop racially discriminating against first nations children on reserve. There have been 10 non-compliance orders to date, and the Liberals have now indicated they will break the law and not pay what was ordered by the tribunal.

There are more children in care now than at the height of the residential school system as a result of human rights violations, including failing to afford families the right to housing, failing to meet international obligations to ensure access to clean drinking water, and numerous other human rights violations that make it almost impossible for families to survive, let alone thrive. The government turns a blind eye to human rights, even when it impacts our children and families.

The amazing warrior Cindy Blackstock so eloquently stated, “There’s simply no credible defence to suggest that we, the people of this period, don’t know any better.”

As talk about reconciliation has become the new normal in this House, the government continues to fight St. Anne residential school survivors in court and sixties scoop adoptees, a Crown behaviour that continues to strip survivors of justice. It shows a total disregard for the violence they endured and continue to endure in real time while dealing with the residual traumatic and lingering pain.

Those experiences changed or shattered lives, including that of my dear friend and spirit sister Michele Guerin. Michele Guerin is a member of the Musqueam Indian Band and an esteemed lawyer who testified as a survivor during the national inquiry's truth-gathering process. Michele was apprehended in the hospital at birth, during the sixties scoop, from her mother Beverley Guerin, who served two years in the Canadian navy and worked as a secretary at an engineering firm.

The lives and fates of persons who end up in the system are often left to the whims of those making decisions, often leaving them very unstable. That was true for Michele, who decided to testify and chose to pursue a freedom of information request to obtain her child welfare file, records she used in her testimony, walking her through her journey as a kid in care labelled as a “high risk youth”. I would argue that the label was incorrectly provided. It should be given to institutions that are at risk of not meeting the needs of children and families.

There was a failure to meet Michele's needs as a young person, including objectifying her at the age of 14 in a local newspaper ad posted by the ministry of child and family services in an attempt to find her a home. The ad stated it was looking for a home for “a pretty independent teenage girl. Absolutely no parenting required.”

Even as a young person, she was objectified and sexualized by the system. Her rights were totally disregarded. Her personal experience brought her to feel connected with the late Tina Fontaine, a young indigenous girl who at 14 was left alone by the system and who was murdered. Her valuable life was further disrespected with the acquittal of her accused murderer.

Michele so clearly shared this during the hearing in British Columbia during the national inquiry:

The system labels us, neglects us, ignores us, and fails us. The worst failure is that decade after decade nothing changes. Our girls and women are still the prey. So we held the Inquiry. There were a lot of politics around the Inquiry, yet the families persisted. They needed to be heard. I testified as part of my own healing journey. The Inquiry lawyer told me, it’s rare that we have a lawyer testify as a Survivor. More importantly, I testified to be a voice for my Sisters. Still, there is no action plan. It feels as if our words fell on deaf ears and the government has chosen to Do Nothing.

These deaf ears are failing to invest in the current housing crisis, which has become even more critical during the pandemic. Many indigenous people continue to be unsheltered as a result of the violent and wrongful dispossession of our lands, territories and resources, a situation that has become even further pronounced on reserves, where issues of overcrowding, disrepair, inadequate infrastructure and lack of affordability are the norm, not the exception.

There has been a continued failure of this government to heed the calls from the member for Nunavut, the member for Keewatinook Aski and the member for Timmins—James Bay to take immediate action to address the massive shortages of homes and the mould crisis that have resulted from major disrepair.

There is also the promise of ensuring an end to water boil advisories on reserve, and it is one broken promise after broken promise. This is a vile human rights violation, as noted by Human Rights Watch in a 92-page report citing the Canadian government’s failure to meet a range of international human rights obligations, including its failure in, and extensive excuses about, ending all boil water advisories on reserve in Ontario, Manitoba and throughout the country. Even now, as we are in the midst of a pandemic, the government continues to find excuses not to afford indigenous peoples with this basic human right to water, yet it had billions of taxpayer dollars to spend on the TMX pipeline. These are choices.

Although Canada has endorsed the UN declaration, the Liberals still do not apply the right to free, prior and informed consent, as has been witnessed in Kanesatake, Site C, TMX, Keystone XL, Muskrat Falls, Wet’suwet’en territory, Baffinland Mary River Mine and 1492 Land Back Lane. It is not limited to these instances. We have seen excessive police force, or a lack of it, as witnessed in the Mi'kmaq fishing dispute, where police forces stood by their fishery, literally watching it burn to the ground.

It is no wonder that there has been criticism of Bill C-15 coming from indigenous peoples who have even lost faith that maybe this time the government will do the right thing. It is one thing to endorse the United Nations Declaration on the Rights of Indigenous Peoples, and it is completely another thing to respect and uphold the rights affirmed throughout the articles of the declaration. Indigenous peoples have no reason to trust the government.

I understand this mistrust. It is valid, warranted and earned. I have the same mistrust, which is why we need this bill, Bill C-15, so we can finally have some legislative affirmation of our minimum human rights contained in the declaration. My support for the bill comes from my valid mistrust of the government to do the right thing. My trust has grown thin watching the clock run down, taking away hope, once again, that this will actually make it through Parliament.

Why does the government continue to hold up this bill? It is because indigenous people have seen and felt the impacts of human rights violations, including those contained in the Indian Act and other policies in Canada that maintain the violation of our rights to this day. Not only have governments failed in meeting the most basic human rights, but they legislated a violation of these rights.

It is abhorrent that in 2021, indigenous human rights are still up for debate almost daily in the House. Consecutive Conservative and Liberal governments can pull billions out their hat for their corporate friends, but banter back and forth about how they can come up with the money needed to resolve the water boil advisories on reserves, respect the right to housing and actually put in place a national action plan to resolve the ongoing violence perpetrated against indigenous women and girls caused by colonialism that continues to this today.

It is time for the Liberal government to start upholding human rights to ensure that the dignity, safety and the security of all persons is realized. This bill confirms these rights and ensures that any new legislation going forward will be consistent with United Nations Declaration on the Rights of Indigenous Peoples, as the summary of the bill affirms.

It is a critical step toward replacing the Indian Act with human rights. The Liberal government needs to act now, and I cannot express that strongly enough. The implementation of the UN Declaration on the Rights of Indigenous Peoples is essential. Bill C-15 confirms its application in Canadian law, meaning that courts can refer, and have referred, to the declaration to interpret domestic law, in addition to other distinct legal frameworks that also inform the interpretation of indigenous rights including the Constitution, indigenous law, our treaties, and international law that also respect and affirm those rights. None of these legal frameworks supersede the others, they are interrelated and mutually reinforcing.

Bill C-15 is not perfect and requires amendments. This has been noted in witness testimony by indigenous and non-indigenous people in our study of the bill in committee. We must ensure that broad-based consultations occur as we move forward to strengthen the bill. For example, a recommendation to include, in preambular paragraph 8 and article 6(2), a reference to racism.

We know there are growing movements of white supremacy here and abroad. We also know that as a result of human rights violations, indigenous peoples throughout what is now referred to as Canada have been left poor and, far too often, unsheltered on our very own lands. All the while violence resulting from systemic racism, including what is being witnessed in the case of Eishia Hudson or a failure of the justice system in the case of Colten Boushie, the fact the indigenous women and girls 2S and diverse gendered people continue to be murdered and missing without urgent action, like our lives or loss of lives does not matter. The onus of proving systemic racism is placed on indigenous people whether sitting in the House of Commons or boardrooms, or fighting boots to the ground.

Indigenous peoples are constantly put in the place of having to justify experiences with systemic racism and the microaggressions we experience, having to explain this reality to those in privilege who get to decide whether the claims are valid or not. Gaslighting: we need to call this out. To do otherwise would merely uphold the white supremacy and paternalism that is designed to keep indigenous peoples oppressed. Let us stop with the games and the need to protect the status quo, and just call it what it is, systemic racism, and not only when it is convenient but let us just call it systemic racism, neo-colonialism, white supremacy and human rights violations.

We need to first acknowledge truth if we are ever to realize a change in behaviour. Call it out, and let us get on with the work of creating a world where all people are safe and uphold their basic human rights, so we can all achieve our right to joy and dignity.

Let us stop fighting indigenous peoples in courts, whether it be about lands and resources; our right to free, prior and informed consent; fighting children; sixties scoop adoptees; and residential school warriors. Let us just honour human rights. Laws need to be put in place to protect indigenous peoples from acts of racism.

The implementation of the United Nations Declaration on the Rights of Indigenous Peoples should have happened 13 years ago, when it was adopted by the UN General Assembly.

How many years will we have to wait before indigenous peoples' human rights are finally respected? The time for excuses has run out. That is why I am proud, along with the NDP colleagues, to call on the Liberal government to act now and to finally uphold the United Nations Declaration on the Rights of Indigenous Peoples.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:30 p.m.

Green

Jenica Atwin Green Fredericton, NB

Madam Speaker, I thank my hon. colleague so much for her incredible, impactful words today. She has articulated so many of the things that need to be said more often in this House.

I have struggled with this bill. I have high hopes, but I also have those same concerns and that same mistrust. I am thinking of court cases, child welfare, residential school survivors, the boil water advisories, the lack of action on missing and murdered indigenous women and girls, the snail's pace of implementing the TRC recommendations, the poverty, the state of housing.

I wonder, will this bill truly address the situation? For communities on the ground, day-to-day band operations, what will this mean in practice? That is the question I am having trouble articulating. Is it symbolism over substance, or can I believe in Canada this time around?

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:35 p.m.

NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it provides us with another legal tool that we can use to protect indigenous rights in this country, which include treaties, international law, domestic law and indigenous law. It provides us with another legal tool we can use to affirm our rights. It does not take away from or impact our rights, it affirms the application of the minimum human rights standards articulated in UNDRIP as having application in Canadian law, and it is beyond time that this happen.

Second readingUnited Nations Declaration on the Rights of Indigenous Peoples ActGovernment Orders

12:35 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, one of the proudest moments in my parliamentary career was being in the House of Commons on May 30, 2018, and voting alongside Romeo Saganash on the third reading of Bill C-262 and sending it to the Senate, where, sadly, it languished for an entire year before the first round of debate began.

I want to ask my colleague about the inconsistent approach the federal government often has when saying it wants to uphold indigenous rights and the sort of selective application of the UN declaration. My riding of Cowichan—Malahat—Langford is being plagued by an anchorages issue that were all established without the free, prior and informed consent of the Halalt, the Lyackson, the Penelakut, the Stz’uminus and the Cowichan peoples. Parks Canada is making a huge effort to consult with these nations in the establishment of a national marine conservation area, but when those same nations raise concerns about the anchorages to the Minister of Transport, we get dead silence.

I would ask my colleague about the totally inconsistent approach that we get from different departments of the federal government.