Mr. Speaker, kwe kwe, ullukkut, taanshi, bonjour, hello.
Before I begin, I want to acknowledge that Canada's Parliament is located on the unceded and unsurrendered traditional territory of the Anishinabe Algonquin people.
To understand the opportunity before us today, we need to look honestly at the history that brought us here. For centuries, treaties have been the foundation of that relationship. In the 18th century, the peace and friendship treaties were meant to restore stability after conflict. Later, treaties signed after 1763 opened much of this country to non-indigenous settlement in exchange for specific rights and benefits, such as annuities, reserve lands and commitments. These agreements, now known as the historic treaties, were followed by decades of colonial policies. We acknowledge those truths as part of our shared journey of reconciliation.
A new era began in 1973 with the Supreme Court of Canada's decision in the Calder case. The Nisga'a Tribal Council sought recognition of their title to their homelands. After the case was dismissed on a technicality, the court affirmed that aboriginal title existed before colonialization. That recognition pushed Canada to create its first land claims policy.
This shift set the stage for the first modern treaty, the 1975 James Bay and Northern Quebec Agreement. The Cree and Inuit negotiated this agreement after Hydro-Québec attempted to develop their lands without consultation. The treaty acknowledged their rights and created a new model for treaty-making in Canada. In 1982, the Constitution affirmed the rights of indigenous peoples and recognized that future agreements, including modern treaties, would continue to define those rights.
However, challenges persisted. The 1996 report of the Royal Commission on Aboriginal Peoples found that Canada lacked the structures needed to oversee treaty implementation and recommended to create an implementation office to support the renewed relationship. For over 20 years, calls for stronger oversight grew louder.
In 2003, the Land Claims Agreements Coalition was formed, and shortly thereafter began to advocate for an independent oversight body. In 2008, the Standing Senate Committee on Aboriginal Peoples urged the government to work with indigenous partners to establish an independent commission, through legislation, to oversee the implementation of modern treaties.
That history and effort that began over 20 years ago is what led to the co-development process that produced the legislation before us today. At the Standing Committee on Indigenous and Northern Affairs during study of Bill C-10, indigenous leaders described how these long-standing challenges continue to show up in practice.
Chief Troy Sam, chief councillor of the Kitsumkalum Band Council, reminded that “implementation is not theoretical” and that it affects on-the-ground decisions regarding lands, resources and governance every day. Nicole Rempel of K'ómoks First Nation highlighted that “Implementation determines whether governance functions effectively and whether economic development can proceed with confidence” and underscored the importance of predictability and addressing issues early.
These stories reflect a pattern seen across modern treaty nations. While commitments are negotiated in good faith, there is still work to do to strengthen consistency in how they are implemented and to fully realize their intended benefits.
In March 2023, Crown-Indigenous Relations and Northern Affairs Canada began a focused co-development effort with modern treaty partners. Much of this work took place through the modern treaty implementation policy working group, which brought together representatives from most of the 27 modern treaties and federal officials. Partners who preferred other engagement methods were consulted through their own chosen approaches.
Key principles guided this work together. The commissioner was designed to be an independent body that reports to Parliament and holds government to account, with a mandate focused specifically on modern treaties. It is grounded in independence, objectivity, impartiality and expert knowledge, with the authority to require departments to provide the information necessary to carry out its mandate.
In terms of scope, the commissioner was designed to address persistent challenges in awareness, understanding and action on modern treaty implementation across all federal departments and agencies by providing independent and expert oversight. The commissioner would provide whole-of-government independent oversight to improve awareness, understanding and action across the federal public service of modern treaty obligations, objectives and relationships.
To support this, the commissioner's core functions would include reviews, performance audits and briefings. That is why the structure of the commissioner matters. The role was designed to be independent, with the ability to look across departments, identify and analyze systemic issues and provide clear public reporting to Parliament. Grounded in this co-development design and shared set of principles, the next step was to move forward with establishing the commissioner.
At the second annual Intergovernmental Leaders' Forum in May of 2024, the Prime Minister announced the intention to establish an independent oversight body led by a commissioner for modern treaty implementation, an agent of Parliament. This marked a significant shift in the modern treaty relationship, reflecting a shared commitment to accountability and partnership.
Following that announcement, the draft legislative proposal was shared with more than 130 partners, including modern treaty partners, groups negotiating modern treaties, self-government partners, national indigenous organizations, regional organizations, provincial and territorial governments and others. The goal was simple: to ensure that every partner with an interest in the commissioner's work had the opportunity to engage on this legislation.
The consultations took place between May and July of 2024. In total, more than 100 proposed changes were submitted. Several themes emerged. Indigenous partners must be involved in the commissioner's work at the same level as federal institutions. Stronger consultation requirements were needed throughout the legislation, including with the independent review process. The commissioner's mandate needed to clearly include agreements that supported modern treaties, such as self-government and fiscal arrangements. These insights shaped the proposed legislation before us.
Partners have been clear in their support. Nunavut Tunngavik Incorporated stated, “The creation of a Commissioner...demonstrates a real step towards genuine collaboration from Canada.” The Tłı̨chǫ Government said that this is an exciting moment and that their hard work has paid off.
The Minister of Crown-Indigenous Relations met with modern treaty leadership to review the revisions. Partners expressed strong support and urged Canada to move forward quickly. Legislation to create a commissioner was introduced in October 2024. Although prorogation of Parliament paused the legislative process, indigenous modern treaty partners consistently called for the reintroduction of this legislation. They want this legislation passed. They helped build it, and they see it as a major step forward in strengthening the treaty relationship.
At committee, indigenous leaders spoke favourably about the proposed legislation. They positively described the co-development process. They emphasized that the bill reflects decades of advocacy. They spoke about the commissioner's ability to strengthen relationships, improve coordination across departments and help prevent disputes from escalating to litigation. They also highlighted the importance of a whole-of-government approach and the need for consistent, specialized oversight, which is something the Auditor General, with a broad mandate, cannot provide. These perspectives reflect a shared belief that the commissioner is a needed institution, one that modern treaty partners have consistently called for over the past two decades.
This legislation represents a key milestone. It responds to more than 20 years of calls from modern treaty partners for greater accountability and oversight. It delivers on our commitments in Canada's collaborative modern treaty implementation policy. It reflects the combined co-development efforts of Canada and modern treaty partners, and it strengthens the foundation for a renewed relationship between the Crown and indigenous people.
Modern treaties drive social, cultural and economic growth. They are a key thread in Canada's constitutional fabric. They create economic opportunities for indigenous partners and all people in Canada, including on projects relevant to the One Canadian Economy Act, which integrated indigenous leadership into national infrastructure and climate planning. They are essential to building a stronger, more resilient country.
Today, we have the opportunity to honour those commitments. I ask members of the House to vote yes on this legislation.