Jenica Atwin

[Bills of Exchange Act, May 28th, 2021]

Madam Speaker, I very much thank my colleague for those kind words. I mentioned my role as a teacher. I worked in a middle school in the city of Fredericton. Outside it is a very famous large cemetery. It is for members of the community from days gone by, but the children often make comments about looking outside and how sad it is to see a cemetery rather than, say, a playground or something more uplifting.

The truth is that for so many children in residential schools that was the reality. Every school had a graveyard. That reality alone should shock us all into action. The action is the key. We can be as upset as we want, we can be as moved as we want, but unless those actions follow, we are still failing.

[Bills of Exchange Act, May 28th, 2021]

Madam Speaker, absolutely the legacy of paternalism continues. I very boldly voted against Bill C-15. I know it came as a shock for a lot of people, but it was a protest. It was because we still have the Indian Act in Canada.

The parents of those children were unable to seek legal counsel because it was illegal in our country to do so. We have not done the work of reconciliation, and to pass a bill to say that it may happen with the stroke of a pen is irresponsible and it continues that paternalistic approach.

Indigenous communities have the capacity and the leadership to determine their own fate. They must be given the resources they need to do that, and that is the way forward.

[Bills of Exchange Act, May 28th, 2021]

Madam Speaker, I wish to acknowledge the unceded Wolastoqiyik territory from which I speak today and the immense privilege I carry as a settler in this land.

I would like to begin by extending my deepest condolences, and to send strength, to all who will be retraumatized by this new and devastating information regarding the realities of Indian residential schools in Canada. The remains of 215 children have been found buried on the site of a former residential school in Kamloops, B.C., using ground-penetrating radar, confirming what families and communities have known but could not substantiate until now. This new knowledge is truth. We need to confront our past and our present with truth before we can build reconciliation.

I remember when I was first introduced to the concept of residential schools. It was during my post-secondary studies, largely on my own and in conversations with family and friends. It was not taught to me in school. We only learned that Canada was a land of peacekeepers and apologetic people whose brave pioneer ancestors defied the odds in a barren land to build the country we have today.

We have worked very hard to erase the history and culture of indigenous peoples. We have also worked very hard to erase the people themselves, as well as the evidence of these crimes.

Prime Minister Harper's historic apology was largely in response to mounting potential litigation as rumours and horror stories became all too real, with well-documented acts of genocide bubbling to the surface. Yes, genocide: not simply cultural genocide, preventing language and tradition from flourishing, but the United Nations' definition of genocide.

From the Convention on the Prevention and Punishment of the Crime of Genocide, article II, of the United Nations:

...genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

"(a) Killing members of the group,” like throwing a child down a flight of stairs or out a third-storey window, as outlined in Isabelle Knockwood's incredible novel Out of the Depths.

“(b) Causing serious bodily or mental harm to members of the group,” like separating children from their parents and communities, like threatening those who witnessed abuse with the same fate, like force-feeding expired food, shaving sacred hair and stripping children of their given names and mother tongue, as so many experiences across the country have documented.

“(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part,” like deliberately exposing children to fatal diseases and being proud enough, or brazen enough, to take photos and share them in textbooks for years to come in celebration of the efforts undertaken to address the Indian problem. The problem of course in Canada was their existence.

“(d) Imposing measures intended to prevent births within the group,” like forced sterilizations, forced abortions and infanticide targeting specific family bloodlines, like those of hereditary chiefs or strong leaders.

“(e) Forcibly transferring children of the group to another group.” Sadly, we are seeing this continue, with more indigenous children in care today than were enrolled in residential schools at the height of their operation in Canada.

There were schools in almost every province and territory in Canada. New Brunswick likes to gloss over this fact, but we too had institutions where children were treated like animals or worse, and parents were stripped of their rights right here in our backyard. It was simply before Confederation, so Canada washed its hands of accountability.

In doing my own research, I studied survivor testimonials, historic news articles and official records. It took me two years to pore through the information. I wept. I was angry, and ridden with guilt and frustration.

I particularly remember watching the film We Were Children with my high school students, as their cultural teacher. I was six months pregnant with my second child: an indigenous child who would be born with the same beautiful brown skin his father has. I could not contain my emotion, as I cannot right now. My baby seemed more and more like a miracle, the descendant of survivors.

My sons have never met their great-grandparents. They died too young. We call them survivors because they came from Shubenacadie alive when so many did not. However, the nightmare of their experiences would follow them. It would continue to eat away at their souls. It would be present in their parenting styles, in their substance abuse, in their domestic violence, in their internalized racism and in their pain.

The discovery of the remains of 215 innocent children is beyond devastating. For Canada, apologies, payouts and even days of recognition will never be enough. There are 215 families who were given no answers about their babies, some as young as three years old, which is the same age as my youngest child.

When senators, leaders of political parties and everyday Canadians suggest these schools had good intentions, were not all bad or were a product of the times, I say how dare they.

Systemic murder, often in front of other children, followed with threats and intimidation and a disgusting cover-up of the use of mass graves, forged records and death certificates, this is not an isolated incident for the school. One child's death and erasure are criminal, despicable. There are 215. With the potential of more gravesites across Canada to be found now more likely than ever is genocide.

We are so quick to step on our pedestal and wave our fingers at other countries for their transgressions when our stool may well sit on the graves of indigenous children killed by church and state right here in Canada, shame, shame. There is no apology in the world that will take this pain away.

There has been a lot of talk of reconciliation with indigenous peoples in Canada, but truth must come first, and the truth is that most Canadians have no idea of the full impact of residential schools, the residual effects and the intergenerational trauma.

Bill C-5 is a necessary step to fulfill the recommendations of the Truth and Reconciliation Commission and to bring much-needed awareness to the horrors of the past as well as those that continue.

Make no mistake: Missing and murdered indigenous women and girls and two-spirt peoples is part of this legacy. Joyce Echaquan's death is part of this legacy. Chantel Moore's death is part of this legacy. A national day of reconciliation is only as good as the space it creates for truth, truth about what has been and truth about what is.

I fully support Bill C-5 and I stand with my colleagues in the House today to see that it becomes law. It is long overdue. It is reactive rather than proactive, however. For those children and their families, please, we must do better.

[Petitions, May 26th, 2021]

Madam Speaker, it is an honour to rise today to table this petition, which states old-growth forests provide immeasurable benefits including carbon sequestration, biodiversity, culture, recreation, education, food and more. The last unprotected, intact old-growth valley on southern Vancouver Island, Fairy Creek, is slated for logging, along with the upper Walbran Valley and other remaining packets of old growth.

The undersigned citizens and residents of Canada call upon the Government of Canada to work with the provinces and first nations to immediately halt logging of endangered old-growth ecosystems, fund the long-term protection of old-growth ecosystems as a priority for Canada's climate action plan and reconciliation with indigenous peoples, support value-added forestry initiatives, in partnership with first nations, to ensure Canada's forestry industry is sustainable and based on the harvesting of second- and third-growth forests, ban the export of raw logs and maximize resource use for local jobs, and ban the use of whole trees for wood pellet biofuel production.

[United Nations Declaration on the Rights of Indigenous Peoples Act, May 14th, 2021]

Madam Speaker, I do not know how much solace it brings me to be in agreeance with the Conservative Party of Canada on some of these issues.

I will go back to that consultation piece. The people I care about, who I speak to on a daily basis, have not had that thorough consultation. He is right that there were important amendments brought forward, and not all were adopted, including that important one about distinctions-based rights and the diversity that exists across this country. To say that there is consensus—

[United Nations Declaration on the Rights of Indigenous Peoples Act, May 14th, 2021]

Madam Speaker, I must reiterate my respect, as well, for Romeo Saganash and the work he put in. I have to say, in the extensive conversations I have had in my home province of New Brunswick with the community members and inherent rights holders, they do not know what this bill means. They do not know what the implications are and they have not had adequate time to study the bill for themselves. These are scholars, activists and leaders. To say there has been extensive consultation, and to talk to actual indigenous people on the ground, who have not been consulted, does not add up to me. My role here is to represent Fredericton, and that is what I am doing.

[United Nations Declaration on the Rights of Indigenous Peoples Act, May 14th, 2021]

Madam Speaker, it is a reiteration of what we have heard a little about in this House, a more hands-off approach. Indigenous leadership and government structures are ready to lead in their own right. That is what self-determination means.

The United Nations Declaration on the Rights of Indigenous Peoples is an excellent international covenant, and I stand by those principles. However, the bill is a plan to implement the plan and to enshrine it into law, so it just does not go far enough.

The consultation piece is highly debated, and it is a hot topic. The people in my riding have not had adequate consultation. They should be the ones to steer the direction of what real reconciliation would look like.

[United Nations Declaration on the Rights of Indigenous Peoples Act, May 14th, 2021]

Madam Speaker, I would like to start by acknowledging the unceded Wolastoqiyik territory from which I speak today. I have commented in this House before about the importance of this recognition and, most importantly, the actions that must accompany it.

There has never been a more important time to highlight this than with our discussion of Bill C-15, an act to implement the United Nations Declaration on the Rights of Indigenous Peoples here in Canada, in a colonial country, where land was extorted. In addition to threats and force, there were efforts to exterminate and bury the original peoples of this land. These efforts failed. Instead, they planted seeds, and what we are seeing is a reclamation, the ushering in of a new age. The time has come for reparations.

Many of my colleagues in this House know that my children are indigenous. I have also worked closely with hundreds of indigenous youth as a teacher. They have informed my work every step of the way. When I think of voting on this bill, I ask myself what their world will look like in five years, in 10 years and for the generations after them, with or without passing Bill C-15.

Bill C-15 introduces the notion of a national action plan to implement the United Nations Declaration on the Rights of Indigenous Peoples into Canadian law, with annual reporting mechanisms. It is important to note that the specifics of these measures are not articulated. This has brought with it uncertainty and a manifestation of a well-placed mistrust in government.

What Bill C-15 does well is lay out a robust preamble with ambitious, frankly incredible language. It includes value statements that acknowledge systemic discrimination, and now racism, thanks to an important amendment. It recognizes self-determination of indigenous peoples, including an acknowledgement of their legal systems. It actually says, “the Government of Canada rejects all forms of colonialism and is committed to advancing relations...that are based on good faith and on the principles of justice, democracy, equality, non-discrimination, good governance and respect for human rights”.

Can we take these words at face value, or in good faith, as the bill proclaims? The criticisms of Bill C-15 are nuanced. The most obvious issue is that the notion of good faith itself is on shaky ground. For a bill that enshrines the notion of free, prior and informed consent, consultation is severely lacking. I know that is a contested point, but I must say I believe it was lacking.

It is not enough to have closed-door meetings with national bodies or organizations. The individual rights holders have a right to be heard and to weigh in on legislation with such significant implications. All Canadians, Québécois and indigenous peoples of this land require an understanding of the declaration and what it truly means to affirm it as a universal international human rights instrument.

A more complex problem some are having with this bill is that indigenous people are tired of the gaslighting. Indigenous rights are inherent. People are born with them and no one can take them away. These rights have existed since time immemorial, and yet Canadian history presents things as though indigenous peoples were handed those rights with the coming into force of the 1982 Constitution Act. It is a nice idea, but it misses hundreds of years of colonialism and abuse rooted in the doctrine of discovery. The notions that the Crown holds sovereignty over indigenous peoples, that indigenous laws and legal traditions have no place and that the Crown has ultimate title to the land held in trust underpin all of Canadian law. They are embedded in the Canadian charter, and they have placed the burden of labour on indigenous peoples and nations to establish their rights in Canadian courts.

Bill C-15 also fails to enshrine a distinctions-based approach to implementing UNDRIP in Canada and stands more as pan-indigenous legislation, disregarding the incredible diversity within indigenous nations. It is possible that Bill C-15 may be a tool in the tool kit for future court cases, but I have to question what the future holds for Canada and indigenous nationhood with this implication. Are we preparing for years of expensive legal battles? Are we asking once again for indigenous people to bear the burden of proof in the protection of their collective inherent rights?

What will happen with the Mi'kmaq fishery dispute, with a new season set to start in June? Fishers and leadership have had to call on the United Nations for protection from violence and racist intimidation. Will the passing of Bill C-15 prevent this from happening? Will it remind the non-indigenous fishers of their treaty obligations, of their history of settlement in Unama'ki? If B.C.'s UNDRIP law is any indication, sadly, I do not think it will.

I want to take a moment to talk about the journey I have been on when it comes to the study of this bill. My first step was with the Wolastoqiyik Grand Council, under Grand Chief Spasaqsit Possesom and Wolastoqiyik grandmothers. My next step was to meet with the Wabanaki Peace & Friendship Alliance.

I reviewed numerous analyses and interpretations. I met with my hon. colleague from Winnipeg Centre to learn more about the work of Romeo Saganash with Bill C-262. I met with local community leadership. I met with our local friendship centre. I met with the association of Iroquois and allied nations, with my hon. colleague from Vancouver Granville. I met with the Assembly of First Nations and staff from Chief Bellegarde's office. I listened and I learned.

My last stop was again with the Wolastoqiyik grandmothers, scholars and leaders in my riding. I would encourage all members of the House to also seek out that guidance.

The assertion of these critical voices from Fredericton, from my mentors and most trusted allies, is to reject Bill C-15 at third reading. This is not easy for me. The Green Party of Canada stands by the United Nations Declaration on the Rights of Indigenous Peoples, and we campaigned on passing it into law. However, that is not what Bill C-15 would accomplish.

I am told to celebrate Bill C-15 as it sets out the basic minimum standards for dignity and human rights for indigenous peoples. Indigenous peoples already have these rights: charter rights. They already have title to their land and to hunt and fish for their livelihoods. They already have the right to self-determination. Canadians are the ones who have a problem upholding these rights, and Canada fails to enforce them.

We have a moral, legal and fiduciary responsibility as a nation to uphold our laws. However, we have broken these laws in pursuit of domination over indigenous nations, and there is significant work ahead in dismantling these systems and structures of oppression that got us here. There are no easy fixes, such as passing Bill C-15 to check the box of reconciliation.

Clarity on the implementation of UNDRIP would have been a golden opportunity to demonstrate what a new relationship could be, to demonstrate true respect and co-operation. Canada and sovereign indigenous nations could continue on a path in their own canoes, the lesson that the Two Row Wampum teaches us.

It is 2021, and it is time for us to face the truth. We cannot reconcile if we were never conciliatory; we can only work to repair the damage done. An essential part of these reparations is respecting the first treaty we all have as humans: the treaty with the land and with our planet. We forget far too often the interconnectedness of all life and our role and responsibility in preserving this place for future generations. What we have now is a race to consume resources.

There is a component of the bill that reflects sustainable development, but what this conversation must include is a re-evaluation of what that means. What is the value of protecting old-growth forests, food security and cultural safety? How are we to measure the success of Bill C-15? There are too many questions left unanswered.

The study of Bill C-15 has been a roller-coaster ride for me, and I wish to recognize the immense privilege I have as a non-indigenous person in pursuing this study. It has been difficult to see the infighting and division among people I look up to, among some of my personal heroes. I want to say for the record that it is okay to support the bill, and it is okay to reject it. What is not okay is ignoring our role and responsibilities as treaty people and treating each other with disrespect, which is a legacy that remains, with or without this bill.

Finally, whether Bill C-15 receives royal assent or not will not determine the future for my children. They are Wolastoqiyik. They are people of the beautiful and bountiful river. They are rooted to this land. They know who they are, and they know their rights.

[Justice, May 11th, 2021]

Mr. Speaker, last week, Bill C-3 became law. It is an important step, but so much remains to be accomplished.

Whether the person was a member of the military or a victim of domestic violence, the evidence is unequivocal. The legal system is failing the vast majority of sexual assault survivors. Consultations have already taken place and experts have laid out a road map that includes establishing a specialized sexual assault and domestic violence court and ensuring consistency between criminal, family and youth protection court decisions.

Even if judges are now receiving training, they are still operating inside a broken system. Is the Minister of Justice ready to commit to doing more, to tabling legislation that would truly reform the system and ensure that all survivors of sexual assault could access justice?

[Budget Implementation Act, 2021, No. 1, May 11th, 2021]

Mr. Speaker, absolutely, it was nice and encouraging to see the plan to implement a national child care strategy, but without the groundwork for conversations with provinces and territories to get on board. That was the largest criticism we have as far as the NDP motion that was tabled for a national pharmacare program. There is a little bit of a cognitive dissonance there. Really, we just need to put our heads together, get the job done, deliver for Canadians, and do the groundwork that is required to make sure that happens while respecting provincial jurisdictions.

I am ready to do that work and I know that my colleagues in the NDP are also willing to do that. Let us get the rest of this House on board to do it as well.