INAN Committee Meeting
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Minutes of Proceedings
The committee commenced its clause-by-clause study of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) and Preamble was postponed.
The Chair called Clause 2.
At 11:22 a.m., the sitting was suspended.
At 11:23 a.m., the sitting resumed.
On Clause 2
Pursuant to the order adopted by the committee on Tuesday, October 13, 2020, the following amendment, submitted by Jenica Atwin for the consideration of the committee, was deemed moved:
That Bill C-15, in Clause 2, be amended by adding after line 11 on page 4 the following:
“Government of Canada has the meaning assigned by the definition government institution in section 3 of the Access to Information Act. (gouvernement du Canada)”
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
“application of the Declaration in federal law.”
After debate, the question was put on the amendment of Marilène Gill and it was negatived on the following recorded division:
YEAS: Marilène Gill, Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 5;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 6.
“(4) For greater certainty, the rights of Indigenous peoples, including treaty rights, are capable of growth and evolution, and a frozen rights theory is incompatible with section 35 of the Constitution Act, 1982.”
After debate, the question was put on the amendment of Leah Gazan and it was negatived on the following recorded division:
YEAS: Leah Gazan — 1;
NAYS: Gary Anandasangaree, Jaime Battiste, Marilène Gill, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Arnold Viersen, Lenore Zann — 10.
Clause 2 carried on division.
Clause 3 carried on division.
On Clause 4,
Leah Gazan moved, — That Bill C-15, in Clause 4, be amended by replacing, in the English version, line 1 on page 5 with the following:“4 The purposes of this Act are to”
After debate, the question was put on the amendment of Leah Gazan and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Lenore Zann — 9;
NAYS: Marilène Gill, Arnold Viersen — 2.
After debate, the question was put on the amendment of Arnold Viersen and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“human rights instrument with application in federal”
After debate, the question was put on the amendment of Marilène Gill and it was negatived on the following recorded division:
YEAS: Marilène Gill, Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 5;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 6.
“(a) acknowledge the Declaration as a universal human rights instrument containing valuable guidance for reform of federal law; and”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“(b) provide a framework for the examination of federal law in light of the Declaration.”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
Clause 4, as amended, carried on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7;
NAYS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4.
On Clause 5,
Jamie Schmale moved, — That Bill C-15, in Clause 5, be amended by replacing line 8 on page 5 with the following:“cooperation with Indigenous peoples, take all reasonable measures”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
Pursuant to the order adopted by the committee on Tuesday, October 13, 2020, the following amendment, submitted by Jenica Atwin for the consideration of the committee, was deemed moved:
That Bill C-15, in Clause 5, be amended by replacing line 10 on page 5 with the following:
“tent with the Declaration and must, in cooperation with Indigenous governing bodies, implement the Declaration in a manner that respects the laws, traditions and practices of each governing body.
(2) The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are drafted in a way that reflects non-binary gender identity and two-spiritedness.”
Marilène Gill moved, — That the amendment be amended by deleting the words "(2) The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are drafted in a way that reflects non-binary gender identity and two-spiritedness.”
After debate, the question was put on the subamendment of Marilène Gill and it was negatived on the following recorded division:
YEAS: Marilène Gill, Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 5;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 6.
After debate, the question was put on the amendment of Jenica Atwin and it was negatived on the following recorded division:
YEAS: — 0;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Arnold Viersen, Lenore Zann — 11
“(2) Any such measures that propose to amend a federal law of Canada shall be identified in the action plan and nothing in this Act, by itself, shall be construed as amending the federal laws of Canada.”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
Clause 5 carried on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7;
NAYS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4.
On Clause 6,
Jamie Schmale moved, — That Bill C-15, in Clause 6, be amended by replacing line 15 on page 5 with the following:“(2) The action plan must identify”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
"nate all forms of violence, racism and discrimination, including systemic racism and discrimination, against Indige-"
After debate, the question was put on the amendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Arnold Viersen, Lenore Zann — 11;
NAYS: — 0.
Pursuant to the order adopted by the committee on Tuesday, October 13, 2020, the following amendment, submitted by Jenica Atwin for the consideration of the committee, was deemed moved:
That Bill C-15, in Clause 6, be amended by replacing, in the French version, lines 22 to 25 on page 5 with the following:
“tones, ainsi que les personnes âgées, les jeunes et les enfants autochtones, les femmes, les hommes et les personnes de diverses identités de genre ou bispirituelles autochtones et les personnes autochtones handicapées,”
After debate, the question was put on the amendment of Jenica Atwin and it was negatived on the following recorded division:
YEAS: — 0;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Arnold Viersen, Lenore Zann — 11
“(a.1) measures relating to improvement of Indigenous peoples’ economic and social conditions through sustainable development”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“(a.1) resources required to implement the action plan;”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“(iii) foster a common understanding of the Declaration, including provisions related to the principle of Free, Prior and Informed Consent (FPIC), the Federal government in collaboration with Indigenous peoples, must involve Provinces, Territories, industry, and the public in the development of the Action Plan.”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“(iii) ensure that final decision-making authority on major projects rests with the Crown in order to maintain clear legal jurisdictions and accountability.”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“(iii) ensure that all national Indigenous organizations (NIOs) will be included on an equal basis with no preferential treatment given by government to any organization over any other in the development of the Action Plan and Annual Reports.”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
"ed as soon as practicable, but no later than two years af-"
After debate, the question was put on the amendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Arnold Viersen, Lenore Zann — 11;
NAYS: — 0.
Clause 6, as amended, carried on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7;
NAYS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4.
Clause 7 carried on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7;
NAYS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4.
Schedule 1 carried on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7;
NAYS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4.
On Preamble,
Jamie Schmale moved, — That Bill C-15, in the preamble, be amended by adding after line 6 on page 2 the following:“Whereas the Declaration further emphasizes that Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions and the right to determine and develop priorities and strategies for exercising their right to development;”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“Whereas the Government of Canada acknowledges that providing clarity with respect to Indigenous rights and the Crown’s duty to consult and, if appropriate, accommodate is fundamental to enhancing regulatory certainty and improving Canada’s competitiveness;”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“combat prejudice and eliminate all forms of violence, racism and discrimination, including systemic racism and discrimina-”
After debate, the question was put on the amendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Lenore Zann — 10;
NAYS: — 0.
Pursuant to the order adopted by the committee on Tuesday, October 13, 2020, the following amendment, submitted by Jenica Atwin for the consideration of the committee, was deemed moved:
That Bill C-15, in the preamble, be amended by replacing, in the French version, lines 17 to 21 on page 2 with the following:
“se heurtent les peuples autochtones, ainsi que les personnes âgées, les jeunes et les enfants autochtones, les femmes, les hommes et les personnes de diverses identités de genre ou bispirituelles autochtones et les personnes autochtones handicapées;”
By unanimous consent, the amendment was withdrawn.
“gious, ethnic or cultural differences, including the doctrines of discovery and terra nullius, are racist, scien-”
The Chair ruled the proposed amendment inadmissible because “a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill.”, as provided on page 774 of House of Commons Procedure and Practice, Third Edition.
After debate, the Chair withdraws his previous ruling and rules the amendment admissible because it clarifies the preamble, as provided on page 774 of House of Commons Procedure and Practice, Third Edition.
After debate, the question was put on the amendment of Jaime Battiste and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Lenore Zann — 9;
NAYS: Marilène Gill, Arnold Viersen — 2.
“the interpretation of federal law;”
The Chair ruled the proposed amendment inadmissible because “a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill.”, as provided on page 774 of House of Commons Procedure and Practice, Third Edition.
“self-government, by virtue of which Indigenous peoples freely pursue their economic, social and cultural development;”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“Whereas the Government of Canada acknowledges and respects that provincial, territorial and municipal governments each have jurisdiction and the ability to establish their own approaches to the Declaration by taking various measures at their discretion that fall within their authority and the Government of Canada will respect these various approaches to the Declaration in formulating its own action plan;”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“Whereas the Government of Canada welcomes opportunities to work cooperatively with provincial, territorial and municipal governments, Indigenous peoples and other sectors of society towards achieving the objectives of the Declaration;”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“Whereas the Declaration is an international human rights instrument that is available as a resource to assist with the interpretation of the domestic federal laws of Canada;”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7.
“and value of the Constitution of Canada, and Canadian courts have stated that such rights are not frozen and are capable of growth and evolution;”
The Chair ruled the proposed amendment inadmissible because “a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill.”, as provided on page 774 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Gary Anandasangaree appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put by recorded division and the result of the vote was announced:
YEAS: Marilène Gill, Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 5;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Adam van Koeverden, Lenore Zann — 5.
Whereupon the Chair voted in the affirmative. Accordingly, the Chair's decision was sustained.
At 1:35 p.m., the sitting was suspended.
At 1:40 p.m., the sitting resumed.
“and value of the Constitution of Canada, and Canadian courts have stated that such rights are not frozen and are capable of evolution and growth;”
The Chair ruled the proposed amendment inadmissible because “a substantive amendment to the preamble is admissible only if it is rendered necessary by amendments made to the bill.”, as provided on page 774 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Gary Anandasangaree appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:
YEAS: Marilène Gill, Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 5;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 6.
The question was put on the amendment of Gary Anandasangaree and it was agreed to on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 6;
NAYS: Marilène Gill, Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 5.
“and the Métis Nation and of their institutions and gover-”
After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:
YEAS: Marilène Gill, Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 5;
NAYS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 6.
The Preamble, as amended, carried on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Marcus Powlowski, Adam van Koeverden, Lenore Zann — 7;
NAYS: Eric Melillo, Jamie Schmale, Gary Vidal, Arnold Viersen — 4.
Clause 1, Short Title, carried on the following recorded division:
YEAS: Gary Anandasangaree, Jaime Battiste, Leah Gazan, Marilène Gill, Eric Melillo, Marcus Powlowski, Jamie Schmale, Adam van Koeverden, Gary Vidal, Arnold Viersen, Lenore Zann — 11;
NAYS: — 0.
The Title carried on division.
The Bill, as amended, was adopted on division.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-15, as amended, be reprinted for the use of the House of Commons at report stage.
At 1:59 p.m., the committee adjourned to the call of the Chair.