Madam Speaker, I was saying that I felt sad and bitter about this bill, which we, the Bloc Québécois members, will soon be voting against. We were going to support it, but we are forced to oppose it. Even today, we are forced to vote against it although we did try to amend it so we could support it.
Why is the Bloc Québécois opposed to this bill, whose commendable intent should be self-evident? What happened to bring us to this point? These are questions that I feel compelled to answer, not only for my colleagues in the House, but also for indigenous peoples across the country and for the sake of history, which I call on today as my witness.
The first thing I would like to say to all first nations in Quebec and Canada and to the Métis and the Inuit peoples is that the Bloc Québécois firmly believes that call to action 94, as well as all the calls to action of the Truth and Reconciliation Commission, must be implemented without delay.
However, we cannot support Bill C-8 as it stands now, for two reasons. Reason one is that the bill seems to disregard the fact that the rights of indigenous peoples are not blessings to be bestowed on them by white people. On the contrary, these are inherent rights connected to their very existence as indigenous peoples. The second reason has to do with Quebec's and Canada's turbulent constitutional history.
Too little has been said about the first reason why my party did not support the bill. That reason has to do with the essence of indigenous rights. The Bloc Québécois believes that indigenous peoples have rights that are inherent to their very existence. These rights were not created by a charter, a royal proclamation, an international agreement or a constitutional act. On the contrary, these documents serve only to recognize and confirm these rights.
The ancestral rights predate the arrival of the Europeans and are connected to the activities of indigenous peoples before colonization. These are sui generis rights, in the sense that they are inherent and not granted by the Crown. These ancestral rights were first recognized in the 1973 decision in Calder, and then defined in the Van der Peet decision in 1996.
However, the Crown recognized indigenous land rights in the Royal Proclamation of 1763. Sections 25 and 35 of the Constitution Act, 1982, grant explicit constitutional recognition of ancestral rights, but do not create the rights themselves. For us, putting that much emphasis on the Canadian Constitution means ignoring the inherent nature of the rights of indigenous peoples.
The second reason is well known, but I want to reiterate it. As it now stands, the bill explicitly refers to the Constitution in the oath of citizenship. I do not think one needs a PhD in history to know how big of a disgrace Quebeckers felt the patriation of the Constitution was. Despite all the successive federalist premiers since 1982, Quebec has never signed the Constitution. Obviously, the Liberals will bring out their old argument about separatists stirring up quarrels of the past to break up our beautiful country. However, are modern-day problems not just problems that went unresolved in the past?
That is why it is worth remembering that, when the Constitution was repatriated in 1982, an event that federalist parties dearly love to celebrate, the draft included an explicit reference to the rights of indigenous peoples. However, during the infamous “night of the long knives”, the federal government and the other nine provinces that abandoned Quebec agreed not only to stab René Lévesque in the back but also to edit out recognition and affirmation of the inherent rights of indigenous peoples. Ottawa was a party to that. That too is part of the history of the Constitution, a living tree whose sap is sometimes poisonous.
As it happened, indigenous militancy and concern that Westminster might reject the proposed Constitution resulted in what is now section 35 of the Constitution Act, 1982, being put back in. However, constitutional malaise is still very real for Quebec. Members of other parties know that because we have told them.
Despite all this, we tried to amend Bill C-8 to bring it closer to the original citizenship oath of the Truth and Reconciliation Commission, because we wanted to support it.
I should point out that the oath proposed in call to action 94 of the Truth and Reconciliation Commission made no reference to the Constitution. The study of the bill in committee was not able to convince us that this addition was made at the request of indigenous peoples. On two occasions, when I asked the Minister of Immigration, Refugees and Citizenship if the addition of the word “Constitution” was an explicit request of first nations, he replied that it was a result of the general process. In short, he never did tell me if this came from the government or from the first nations.
When we questioned witnesses in committee, they all told us that adding a reference to the Constitution was not at all essential to them. To the Bloc Québécois this addition is not only unnecessary, since it departs from the oath proposed by the Commission, but it is insulting, disrespectful and a provocative act toward the Quebec nation. It is a show of bad faith by the Liberal government and the uncontrollable desire of the federalist parties to pursue a process of building a national identity that endlessly repeats this fable of a Canada of rights and freedoms founded on a millennium-old Constitution.
The sudden haste with which the Liberal government rushed to bring Bill C-8 back to the House this week is rather troubling. Let us not forget that this bill was stuck in limbo since February. We are now June. Last week there was the tragic discovery that pained us all. Suddenly the government woke up to study Bill C-8. Sometimes I get the impression that governments simply wait for the right time to impose their will instead of negotiating, a bit like the Prime Minister's father did so well one day in November 1981. On that, I must say that the unanimity of the federalist parties against the Bloc Québécois's proposals was striking. Sometimes when you win, you lose.
Canadians can carry on building their country in their own image, without worrying about Quebec. We ourselves continue to do so, without Canadians, as we see fit. Perhaps it is because we sense that one day our paths will finally separate.
As a final point, even though our suggestions will undoubtedly fall on deaf ears, since that is the government's way, I would still like to propose a solution for a possible path forward that could suit everyone. Why not simply introduce a new bill with language that all parties can agree on? We could then pass that legislation with a simple unanimous consent motion and send it to the other chamber in one fell swoop, as we do here from time to time.
I am making the suggestion, even though I know it will probably fall on deaf ears. At least we tried.