Madam Speaker, it is a pleasure to be here today.
[Member spoke in Cree and provided the following translation:]
Before I begin, I would like to acknowledge that Canada's Parliament is located on the unceded and unsurrendered territory of the Algonquin Anishinabe people.
I rise today to speak to Bill C-10, which creates a new independent officer of Parliament, specifically the commissioner for modern treaty implementation.
Modern treaties are not symbolic documents; they are legally binding agreements that affirm indigenous rights, support self-government and provide frameworks for economic development, environmental stewardship and cultural revitalization. Modern treaties often take time, in some places generations, to negotiate. They are among the most complex agreements our government undertakes, reflecting the rights, priorities and aspirations of indigenous peoples and Canadians alike. By their very nature, modern treaties and their implementation are non-partisan. Upholding these constitutional commitments is a shared responsibility across all parties and is one that transcends political cycles in governments.
For far too long, the implementation of modern treaties in our country has been challenging. Modern treaty partners have repeatedly raised concerns about delays, challenges in coordination, and insufficient oversight by federal departments and agencies with respect to living up to their legal duties and obligations.
The bill has come at the request of the nations themselves, which wish to work closely with Parliament and to be able to report to it. While federal departments and ministers are there to honour the relationship and work with them, we want to ensure that modern treaties are treated with the respect and the approach that are clearly outlined in the documents themselves.
Calls from indigenous partners have been echoed in reports from the Office of the Auditor General of Canada, the Land Claims Agreements Coalition and the Standing Senate Committee on Indigenous Peoples. Creating the position of commissioner for modern treaty implementation responds directly to these calls.
The bill before Parliament reflects decades of advocacy by indigenous partners regarding modern treaties and collaborative efforts.
At its core, Bill C-10 would establish an independent commissioner for modern treaty implementation. The commissioner would answer to Parliament, the table that the partners have asked to report to and work with. Not even the Minister of Crown-Indigenous Relations, a cabinet minister or the Prime Minister could intervene. This structure is one that my very own nation has used successfully. As the former leader of my nation, I believe it is way beyond the scope of the structure of the government today.
Without the creation of a commissioner, we would be unable to ensure that we could rightfully uphold the relationship at the true level of Parliament at which it should be addressed. The commissioner would be independent: free from political interference and pressures. Their mandate would be enshrined in law, and their reports would be tabled in Parliament for transparency, as well as for enhanced public scrutiny.
The commissioner's role would also be pivotal and fundamental in ensuring culture-specific auditing processes that would supplement the structures that exist at this moment. The commissioner would be empowered to conduct reviews and performance audits of federal departments and agencies to assess how effectively they are meeting modern treaty agreements. This would be a supplemental process that does not exist today.
The recognition of culture and ensuring that we are looking at the entirety, a holistic approach to what the community and the nation are as partners, is a critical step in respecting modern land claims.
The commissioner will be appointed for a seven-year term with the possibility of being reappointed for one additional term. Such a long but limited cycle ensures both independence and continuity, and will allow the commissioner to exercise the oversight role free from political influence.
The position would be filled by someone who has deep expertise and knowledge of modern treaties. It would be a unique construct to make sure the commissioner has the credibility and understanding to provide consistent, expert and independent oversight over successive governments. That person would be selected in close consultation and partnership with modern treaty partners.
This does not duplicate the Auditor General's work. The commissioner's role is complementary but distinct, based on an approach that respects the culture and identity of the nation and the partner.
While the Auditor General provides broad oversight of government spending, the commissioner's mandate would be exclusive to federal modern treaty implementation activities. The commissioner would bring specialized expertise, cultural understanding and a sustained focus on Canada's constitutional commitments to indigenous partners.
The commissioner would have the flexibility to conduct audits and systemic reviews that are tools designed to identify recurring issues and improve how departments work together to enhance implementation of modern treaties. They would also focus on systemic barriers and on long-term solutions that would make the commissioner's role unique in Canada's oversight landscape, with the approach of being based in culture and the understanding of the identity of the partner. This is not reflected in today's government structure.
I wish to respectfully address my colleagues who spoke earlier today who see this as an additional duplication or layer of process. It is not; it is one that would shine the light on the importance of culture and identity for claims holders. For credibility, the commissioner would have to have expert knowledge in modern land claims and would be required to consult and engage directly with treaty partners throughout the review processes. Partners would have the opportunity to comment on preliminary findings, and their written views would be included in reports tabled to Parliament so both federal responses and indigenous perspectives would be heard. This is a critical step.
As the former leader of a modern land claim nation, I must urge my colleagues across all parties to ensure the consideration of the importance of the commissioner's role. Creating space so decisions, reflections and the verification of implementation are taken within the context of culture, language and identity is something that is needed. It is not only in the spirit of reconciliation and the approach to partnership; it is something that has been requested from us by our partners.
If we are to truly respect our commitment to modern land claims and treaties, we must undertake this pivotal next step.
Bill C‑10 creates the position of a commissioner for modern treaty implementation. It will also give indigenous partners a role in the negotiation process for new modern treaties and the assurance that the government's commitments will be honoured.
They will know that the commissioner would be looking to ensure that the Government of Canada not only meets its commitments but also enhances working relationships with the understanding and respect of the cultural context.
I want to ensure that rights and the rights of the future children and grandchildren of the land claims are respected and are supported in future negotiations. True partnership is when we ensure that we invite the partner to work directly with government and report to Parliament. Anything less is not honouring the commitment of what we have signed with them.