Mr. Speaker, I will be splitting my time with the member for Sarnia—Lambton—Bkejwanong.
I rise today to address a matter at the heart of our nation's identity: the relationship between the Crown and indigenous peoples. The relationship is grounded not merely in history but in honour. Its strength is proven not by grand speeches or new offices but by actions, by the promises we keep and by the commitments we fulfill. For many years, we have preached reconciliation, yet without accountability, reconciliation remains a hollow promise, an unfulfilled vow that betrays the trust of our indigenous partners.
The Liberal government's proposed Bill C-10, an act respecting the commissioner for modern treaty implementation, is little more than a distraction. It is a bureaucratic shield to obscure a decade of broken promises to indigenous peoples. This new treaty commissioner would tell us nothing that the Auditor General and countless indigenous leaders have not already made clear: that the government continues to fail indigenous peoples.
Today, I will speak plainly about the state of modern treaty implementation in Canada, what progress we have seen, what failures persist and how we can address these challenges without piling on more costly bureaucracy at a time when Canadians can scarcely afford it. However, before I discuss implementation, let me clarify what is meant by modern treaties and self-government agreements.
A modern treaty is a comprehensive land claims agreement negotiated between a first nation, Inuit or Métis group and the Crown, meaning the federal government and sometimes provincial governments. These agreements resolve long-standing disputes over land ownership, resource rights and governance within a defined territory. The scope of a modern treaty includes land, resources, financial compensation and governance rights, and it often incorporates self-government provisions. However, not all modern treaties are full self-government agreements. Once implemented, modern treaties carry the weight of federal law, typically replacing or clarifying rights under historic treaties.
A self-government treaty, often embedded within a modern treaty, recognizes an indigenous government's authority to make laws over areas such as education, health, culture and local services, with powers akin to those of municipal or provincial governments. The scope focuses on political authority and administrative powers rather than on only land or resources. Legally, self-government provisions are binding and implemented under federal law. They can exist as part of a modern treaty or as a stand-alone self-government agreement. This distinction is vital. Implementation is not about creating new offices or adding layers of bureaucracy. It is about ensuring the Crown and its departments respect the legal authority already established in these agreements.
Consider, for example, the Whitecap Dakota self-government agreement, which passed with Conservative support in 2023. This is not a full modern treaty and outstanding issues remain, issues that I understand the government continues to delay. I ask, then, exactly how a future commissioner of modern treaty implementation would magically motivate the government to resolve these matters.
As we have heard before, we know progress is possible. Former prime minister Harper and the Conservative government negotiated five modern treaties in just six years: the Tlicho first nation's land claims and self-government agreement in 2006, the Maa-nulth First Nations Final Agreement in 2009, the Tsawwassen First Nation Final Agreement in 2009, the Sioux Valley Dakota Nation Governance Agreement in 2013 and the Déline Final Self-Government Agreement in 2015. In contrast, over the past decade, the Liberals have not negotiated a single modern treaty.
Let me be clear. The Conservatives wholeheartedly support modern treaties. We stand with indigenous communities seeking to break free from the outdated Indian Act. What we cannot support is the misguided belief that spending more taxpayer dollars compensates for a lack of accountability within government bureaucracy. Who has been held responsible for these failures? How has the Minister of Crown-Indigenous Relations addressed this debacle internally? Would a report from a new commissioner's office change anything when dozens of Auditor General reports on the government's mishandling of indigenous affairs have been ignored?
The Office of the Auditor General has conducted regular audits on treaty negotiations, modern treaties, self-government agreements and treaty land entitlements. These include the 2005 report on meeting treaty land entitlement obligations, the 2006 report on federal participation in the British Columbia treaty process, the comprehensive 2013 “Audit of the Implementation of Modern Treaty Obligations” and the 2016 report 3, “Implementing the Labrador Inuit land Claims Agreement”.
Since 2015, the Auditor General has also produced 14 other reports on related issues facing first nations, Inuit and Métis communities. While the government continues to ignore the Office of Auditor General's reports and audits and continues to ignore treaty partners, it had the impertinence in 2023 to propose a collaborative modern treaty implementation policy. This might seem like progress, especially with 70 treaty negotiations currently stalled, but two years later, the policy remains unimplemented.
The critical point is this: Implementation is not about new policies, new offices or new spending. It is about whether current officials fulfill their responsibilities, whether existing departments are held accountable, and whether existing laws and commitments are enforced.
Now we hear of a new commissioner for modern treaty implementation, which would be a multi-million dollar bureaucracy tasked with monitoring, overseeing and reporting on implementation. It would not be accountable to Parliament. The commissioner, alongside the government and treaty partners, would decide when and how audits are conducted, leaving Parliament without the authority to initiate reviews of the government's handling of modern treaties. Reports would be tabled weeks after the minister receives them, further eroding accountability.
With respect, this is the wrong approach. To negotiate modern treaties, we do not need another commissioner, another office and more bureaucrats. The Liberals should learn from their past mistakes. Between 2015 and 2017, they created several new entities to address land claim implementation issues: the modern treaties implementation office, the assessment of modern treaty implications office, the performance management framework, the modern treaty management environment, the deputy ministers' oversight committee and the reconciliation secretariat.
Despite these six entities, no modern treaties have been finalized. The six entities are specifically designed to monitor, support and ensure the implementation of treaties. Are we to believe that a seventh entity, the commissioner for modern treaty implementation, would be the solution?
Perhaps the answer lies not in creating more agencies but in holding accountable those who failed to fulfill their existing duties. It is time to start firing those who fall short. What we need are ministers and officials who take on the responsibilities and obligations they already have, whether with respect to modern treaties, self-government provisions or historical agreements.
Since the 1970s, Canada has pursued modern treaties to move beyond the numbered treaties of the past. These comprehensive agreements establish self-government, define resource rights and confirm judicial authority.
Today, over two dozen modern treaties are in force across Canada, from Yukon to Nunavut, British Columbia, Quebec and Labrador. These agreements represent some of the most advanced models of indigenous government in the world, yet the reality is uneven. Others remain mired in administrative barriers, forced to renegotiate and litigate rights they believed were secure. For many indigenous governments, treaty implementation has meant delays. Departments apply treaty commitments inconsistently, and fiscal transfers are often structured to preserve federal control rather than empower indigenous economy.
Last, what Canadians and first nations communities, Métis and Inuit have seen for far too long is that the government is great at building bureaucracy but is not really great at getting things done.