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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting 128
Thursday, November 1, 2018, 11:30 a.m. to 1:02 p.m.
Presiding
Julie Dabrusin, Chair (Liberal)

• Bill Casey for Pierre Breton (Liberal)
• Gérard Deltell for Hon. Steven Blaney (Conservative)
• Dan Vandal for Anju Dhillon (Liberal)
House of Commons
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Gabrielle de Billy Brown
• Erin Virgint, Analyst
Assembly of First Nations
• Regional Chief Morley Googoo, Regional Chief, Nova Scotia/Newfoundland and Labrador
House of Commons
• Georgina Jolibois, Desnethé—Missinippi—Churchill River
Pursuant to the Order of Reference of Wednesday, September 26, 2018, the Committee commenced consideration of Bill C-369, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Indigenous Peoples Day).

Georgina Jolibois and Regional Chief Morley Googoo made statements and answered questions.

At 12:10 p.m., the sitting was suspended.

At 12:14 p.m., the sitting resumed.

Department of Canadian Heritage
• Jane Northey, Legal Counsel, Canadian Heritage Legal Services
• Guylain Thorne, Acting Director General, Heritage Group
• Kathryn Zedde, Senior Analyst and Manager, Heritage Policy and Legislation
Pursuant to the Order of Reference of Wednesday, June 6, 2018, the Committee resumed consideration of Bill C-391, An Act respecting a national strategy for the repatriation of Aboriginal cultural property.

The Committee resumed its clause-by-clause study of the Bill.

The Committee resumed consideration of the amendment of Wayne Long, — That Bill C-391, in Clause 2, be amended by replacing lines 6 to 11 on page 1 with the following:

“2 In this Act, Minister means the Minister of Canadian Heritage.”

After debate, the question was put on the amendment of Wayne Long and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 2, as amended, carried.

On Clause 3,

Randy Boissonnault moved, — That Bill C-391, in Clause 3, be amended by replacing line 14 on page 1 with the following:

“the provinces and territories, must develop and implement a compre-”

Debate arose thereon.

Pierre Nantel moved, — That the amendment be amended by adding after the word “territories” the following:

“, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, including Article 31 of that text ”

After debate, the question was put on the subamendment of Pierre Nantel and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

The question was put on the amendment of Randy Boissonnault, as amended, and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

On motion of Randy Boissonnault, it was agreed, — That Bill C-391, in Clause 3, be amended

(a) by replacing lines 16 to 18 on page 1 with the following:

“turn of Indigenous human remains and cultural property, wherever situated, to the Indigenous peoples of Canada. The strategy must include measures that seek to”

(b) by replacing lines 1 and 2 on page 2 with the following:

“acquire or reacquire Indigenous human remains or cultural property;”

(c) by replacing lines 3 to 5 on page 2 with the following:

“(b) encourage owners, custodians or trustees of Indigenous human remains or cultural property to return such material to Indigenous peoples and support them in the process;”

(d) by replacing lines 6 to 8 on page 2 with the following:

“(c) support the recognition that preservation of Indigenous human remains and cultural property and of access to that material for educational and ceremonial purposes are principles”

(e) by replacing lines 12 and 13 on page 2 with the following:

“evidence in relation to the repatriation of Indigenous human remains and cultural property; and”

(f) by replacing lines 14 to 17 on page 2 with the following:

“(e) resolve any conflicting claims to Indigenous human remains or cultural property, whether within or between Indigenous communities or organizations, in a manner that is respectful of Indigenous traditional processes and forms of ownership and that allows claimants to be self-represented.”

Pierre Nantel moved, — That the amendment be amended by replacing, in paragraph (b), the words “acquire or reacquire Indigenous human remains or cultural property” with the following:

“acquire or reacquire, and maintain, control and protect Aboriginal cultural property, as well as the collective intellectual property of its cultural heritage, traditional knowledge and traditional cultural heritage, to which they are deeply attached;” .

After debate, the question was put on the subamendment of Pierre Nantel and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

After debate, the question was put on the amendment of Randy Boissonnault and it was agreed to.

Martin Shields moved, — That Bill C-391, in Clause 3, be amended by adding after line 17 on page 2 the following:

“(f) ensure that consideration is given to the public interest in artifacts being available to Canadians in a way that enhances knowledge and appreciation of Aboriginal culture;

(g) ensure that consideration is given to the most appropriate and effective way to adequately preserve and protect the quality and integrity of Aboriginal cultural property; and

(h) ensure that the strategy does not harm or discourage the important commercial trade by Aboriginal artists in the creation and sale of art, design and fashion.”

After debate, the question was put on the amendment of Martin Shields and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

Pierre Nantel moved, — That Bill C-391, in Clause 3, be amended by adding after line 17 on page 2 the following:

“(f) recognize, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, the right of Aboriginal people to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts;

(g) recognize, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, the right of Aboriginal people to maintain, control, protect and develop the collective intellectual property of their cultural heritage, traditional knowledge and traditional cultural expressions; and

(h) ensure that the governments of Canada and the provinces assume their responsibilities, in accordance with international law, and provide Aboriginal communities with financial and logistical support for their choices regarding the conservation of repatriated property.”

The question was put on the amendment of Pierre Nantel and it was negatived, by a show of hands: YEAS: 2; NAYS: 7.

Clause 3, as amended, carried by a show of hands: YEAS: 5; NAYS: 1.

On Clause 4,

Wayne Long moved, — That Bill C-391, in Clause 4, be amended by replacing line 18 on page 2 with the following:

“4 (1) Within three years after the day on which this Act”

After debate, the question was put on the amendment of Wayne Long and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Martin Shields moved, — That Bill C-391, in Clause 4, be amended by replacing line 28 on page 2 with the following:

“communities in Canada and public collecting institutions.”

After debate, the question was put on the amendment of Martin Shields and it was negatived, by a show of hands: YEAS: 0; NAYS: 5.

Clause 4, as amended, carried by a show of hands: YEAS: 5; NAYS: 1.

On Clause 5,

Randy Boissonnault moved, — That Bill C-391, in Clause 5, be amended by replacing lines 32 to 36 on page 2 with the following:

“must include the Minister’s conclusions and recommendations regarding the strategy and any outcomes that result from its implementation and it may include appropriate information on repatriated Indigenous human remains and cultural property and any repatriation efforts currently under way.”

After debate, the question was put on the amendment of Randy Boissonnault and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Clause 5, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 1, Short Title,

Randy Boissonnault moved, — That Bill C-391, in the short title, be amended by replacing line 4 on page 1 with the following:

“1 This Act may be cited as the Indigenous Human Remains and Cultural Prop-

After debate, the question was put on the amendment of Randy Boissonnault and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Clause 1, Short Title, as amended, carried.

On Title,

Randy Boissonnault moved, — That Bill C-391 be amended by replacing the long title on page 1 with the following:

“An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property”

After debate, the question was put on the amendment of Randy Boissonnault and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

The Title, as amended, carried by a show of hands: YEAS: 8; NAYS: 0.

The Bill, as amended, carried by a show of hands: YEAS: 8; NAYS: 0.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-391, as amended, be reprinted for the use of the House at report stage.

At 1:02 p.m., the Committee adjourned to the call of the Chair.



Graeme Truelove
Clerk of the Committee