moved that Bill , be read the second time and referred to a committee.
She said: Mr. Speaker, before I begin, I want to acknowledge that we are gathered on the unceded traditional territory of the Algonquin Anishinabe people.
I am honoured to rise and speak today as Minister of Crown-Indigenous Relations to begin debate on my first bill, an act respecting the commissioner for modern treaty implementation. With the support and guidance of modern treaty and self-governing partners, I am introducing this important bill because it would lead to a stronger, more prosperous future for modern treaty partners and everyone in Canada.
Modern treaty partners across the country have been strong advocates for this legislation. Since I became minister, it has been consistently raised with me as something they want passed quickly. I want to thank and acknowledge the modern treaty and self-governing partners across the country who have guided the development of this bill. Their vision is embedded in its foundation. By working together, we are making significant strides on our shared path of reconciliation.
A representative for the Tsawwassen First Nation said that the commissioner for modern treaty implementation would help guarantee that governments are consistently held accountable, not just in words but in action.
[Translation]
This vision of a better Canada will help us be better treaty partners. The work that has been done is significant, and with this support, we are transforming our society for future generations.
[English]
Masì cho to the Land Claims Agreements Coalition co-chairs, Nisga'a Nation president Eva Clayton and Nunavut Tunngavik Incorporated president Jeremy Tunraluk, for their support. We are especially grateful for the guidance they provided while we engaged with the Tłı̨chǫ Government, the Tla'amin Nation, the Whitecap Dakota First Nation, the Maa-nulth treaty council and the Grand Council of the Crees. I look forward to their continued support as we work to advance this bill through to royal assent.
For over 20 years, modern treaty partners have been advocating for an independent oversight mechanism to hold the federal government accountable to its modern treaty commitments.
[Translation]
This bill is about accountability, trust and following through on our promises as a government. Today, we have an opportunity to respond to these calls and create a strong foundation for the ongoing work we will be doing together to overcome the challenges that modern treaty partners face across Canada.
[English]
Modern treaties have been fundamental to advancing reconciliation and shared economic prosperity with indigenous peoples for half a century. My perspective as a minister is shaped by my experience coming from the Northwest Territories. I know first-hand that progress is possible when there is real partnership and honest efforts. That depends on a solid foundation of respect and reliability. Earning and holding the confidence of indigenous peoples take ongoing work. They are things we must continue to do every day.
Over the past few years, we have made significant progress in codeveloping tools to improve the implementation of modern treaties in a way that reflects the essence of our partnership.
In 2023, we launched Canada's collaborative modern treaty implementation policy. We codeveloped this policy with modern treaty partners to support the full, effective and timely implementation of all modern treaties in Canada.
[Translation]
We co-developed the important bill that is before us today. Bill will enable the appointment of an independent agent of Parliament tasked with holding the government accountable regarding its commitments, obligations and relationships arising from modern treaties.
[English]
We have seen the powerful results that modern treaties can deliver. The Nisga'a Nation, B.C.'s first modern treaty partner, holds its own elections in accordance with the nation's own constitution. Their community is seeing booming economic development and, just recently, is a partner on a major project under consideration of the Building Canada Act.
[Translation]
When they are implemented effectively, modern treaties are drivers of economic prosperity that can help to build a strong Canada. They support decision-making and land management and promote closer co-operation between the Crown and indigenous peoples on economic development projects.
[English]
In my home territory, the Tłı̨chǫ Government has invested in an all-season highway that connects remote communities. This infrastructure development is helping community members access health services and education, and promotes the growth of local businesses.
We see yet another example with the Gwich'in Renewable Resources Board. This board promotes sustainable use of land and resources while preserving traditional practices. It plays a leadership role so that the fish, forests and wildlife in the Gwich'in area remain healthy and sustainable. Its mandate is to work in the public interest, representing all the parties to their modern treaty.
I see hope and promise in this legislation, but I know the road to negotiating a modern treaty is not easy. In fact, in many cases, the process can take decades to complete. In Nisga'a Nation's case, it took more than a century of advocacy and nearly 20 years of formal negotiations with the Crown. This was a significant investment of time and effort that reinforces how important it is to follow through on Canada's modern treaty commitments.
[Translation]
In Canada, modern treaties are constantly evolving as laws and policies change. Clearly, they have real potential to promote social, cultural and economic progress for both indigenous partners and Canadians.
As I mentioned, I have seen how much progress can be made when we develop real partnerships and make honest efforts, and I believe that this is also true for economic development.
[English]
We are living in increasingly uncertain times, amid economic upheaval and rising global instability. Strong relationships with modern treaty partners are going to be essential to building Canada strong. Modern treaties cover more than 40% of Canada's land mass, including 80% of the north. This means that much of Canada's resource wealth lies on or under lands governed by modern treaty partners.
[Translation]
The only way that we can move forward with projects and development on these lands is to do so in co-operation with modern treaty partners and in accordance with our constitutional obligations. Indigenous partners have shown that they are willing and able to work with and guide Canada in stimulating economic development.
[English]
We want to build Canada strong. That means upholding our commitments and obligations agreed to in modern treaties. We need an economy that includes indigenous leadership and benefits everyone. Effective modern treaty implementation is a key part of this, and one that the commissioner would support. Improved implementation of modern treaties would go a long way to ensuring that indigenous communities can take part in economic growth. It would also help to ensure that indigenous partners in the north are well placed to contribute to Arctic security as we look to bolster our national defence capabilities in today's evolving landscapes.
The government is committed to fulfilling the spirit and intent of modern treaties. This means honouring our commitments and responsibilities, and advancing our common objectives. This bill embodies the importance of our unique modern treaty relationships.
[Translation]
The appointment of a commissioner for modern treaty implementation will ensure that this and future governments are held to account for the implementation of modern treaties. That is in keeping with the United Nations Declaration on the Rights of Indigenous Peoples and the action plan that our government committed to implementing in partnership with indigenous peoples.
[English]
I would like to take a moment to share a bit about what modern treaties are and the work the government is doing to support indigenous peoples on the path.
Beginning in 1975, Canada signed what are called “modern treaties” with first nations, Inuit and Métis rights holders. These agreements also often include provinces and territories. They articulate the relationship, objectives, specific obligations and responsibilities their signatories must achieve and fulfill. They can include rights and benefits relating to ownership of lands, self-government or employment, to name just a few examples.
[Translation]
The era of modern treaties began after the Supreme Court of Canada rendered its decision on the Nisga'a Nation's Calder case, acknowledging the existence of aboriginal title for the first time. This historic decision paved the way for modern treaties, recognizing indigenous peoples' inherent right to their lands.
[English]
At the same time in Quebec, another group was challenging the actions of the Crown. This was where the first modern treaty was negotiated, the James Bay and Northern Quebec Agreement, signed in 1975. The James Bay and Northern Quebec Agreement marked a turning point in Crown-indigenous relations, laying the groundwork for many modern treaties that followed.
[Translation]
We know that modern treaties can bring many economic benefits to communities and encourage indigenous participation in the Canadian economy. Treaties can also advance indigenous peoples' social, cultural and political autonomy and well-being.
[English]
Studies have shown that indigenous communities that sign modern treaties see improved socio-economic outcomes, including increased average annual incomes, reduced income inequality and higher educational attainment.
Today, there are 27 modern treaties in Canada covering more than 90 communities. As a modern treaty partner, Canada has made progress in upholding its commitments, but we recognize that more work needs to be done.
For over 20 years, modern treaty partners have been calling for greater oversight to hold the federal government accountable to its modern treaty obligations. This includes calls to develop a federal implementation policy. One of the main reasons for this policy is to address a general lack of awareness, understanding and action regarding modern treaty relationships, objectives and obligations on the part of the federal government. That is why, in February 2023, the Government of Canada took a step forward by launching Canada's collaborative modern treaty implementation policy.
[Translation]
The policy guides federal departments in fulfilling their modern treaty obligations, advancing treaty objectives and strengthening intergovernmental relationships. It promotes action, awareness and understanding to address the legacy of colonialism and transform federal culture and procedures.
[English]
As part of the policy, the intergovernmental leaders' forum was established in 2023, creating an opportunity for the Prime Minister, federal ministers and modern treaty and self-government leadership to come together and collaborate on shared priorities. Shortly after the collaborative modern treaty implementation policy came into effect, the government and modern treaty partners began taking steps to create the oversight mechanism. We achieved that goal by proposing the creation of the commissioner for modern treaty implementation.
[Translation]
One of this bill's key accomplishments is that it was developed with the indigenous partners who stand to be most affected by its passage.
[English]
Now that I have outlined how this bill was codeveloped, I would like to take the opportunity to discuss the broader role the commissioner would play as an agent of Parliament.
[Translation]
Agents of Parliament are independent of the government. They report directly to the Speakers of both Houses of Parliament and are the fundamental pillars of our democracy.
Right now, there is no agent of Parliament to promote and sustain our relations with indigenous peoples, who form the foundation of Canada.
[English]
As an agent of Parliament, the commissioner would provide us with a unique opportunity to establish a new parliamentary institution focused solely on modern treaties. They would help make Canada a better partner by shining a light on areas where we can do more to address persistent and structural issues related to modern treaty implementation. This agent of Parliament role would represent a major step forward, toward a future where indigenous partners can trust that Canada will follow through on its modern treaty commitments.
[Translation]
This is particularly important when we consider the strategic locations of our treaty partners, Canada's objective of building a stronger nation and the vital role that strong relationships play in our mutual success.
Modern treaty partners are truly our partners in Confederation.
[English]
Some of the commissioner's key roles and responsibilities would include providing independent and expert oversight of any activity carried out by the government relating to the implementation of modern treaties. They would seek to ensure the timely and effective implementation of modern treaties. They would report to Parliament to hold the government accountable to its modern treaty obligations. They would be independent, objective and impartial in the execution of their mandate and would have expert knowledge of modern treaties. They would have the authority to require departments to provide the information necessary to carry out their mandates. Finally, they would commit to upholding the spirit and intent of the agreements.
[Translation]
In short, the commissioner must ensure that the government honours its commitments under modern treaties and, most importantly, in the nation-to-nation, Crown-to-Inuit, and government-to-government relationships that they support.
[English]
I will close my remarks today with a few final thoughts on what this legislation means for the broader goal of advancing reconciliation.
Successive governments have continued to enter into modern treaties with first nations, Inuit and Métis to guide our relationships and protect and promote their culture, identity and future prosperity. We are on a shared journey of reconciliation.
[Translation]
We understand that reducing uncertainty and establishing strong partnerships with indigenous peoples can help build a stronger, fairer and more prosperous Canada.
We understand that Canada needs modern treaties in order to grow.
[English]
In these uncertain times, we need partners we can rely on. We know we can rely on our modern treaty partners, and we need them to be able to rely on us. Modern treaty partners are already driving innovation, investment and development on a scale that benefits not just their communities, but all of Canada. They are doing this despite the fact that Canada has not always made it easy for them and has not always lived up to its promises.
If this kind of success can happen despite persistent issues and inefficiencies in treaty implementation, I ask my colleagues in the House to imagine what we could accomplish together if we were able to solve these challenges. What could we accomplish together if these treaties were implemented effectively and in full? It is time for us to take action and find out. That means living up to our commitments to respect the inherent rights of indigenous people, it means living up to our commitments to advance reconciliation and it means passing the legislation before us today.
[Translation]
Once again, I would like to thank the modern treaty partners who stood up for their rights and worked tirelessly to co-develop this legislation.
[English]
The journey we embarked on together shows what is possible when trust, credibility, creativity, innovation and collaboration guide the codevelopment process. We are listening and working to fulfill all of our modern treaty obligations in the spirit of reconciliation and a brighter future for us all.
Let us pass the bill without delay.
Marsi. Meegwetch. Mahsi cho.
:
Mr. Speaker, I rise today to speak about a matter that goes beyond the very foundation of this country: the relationship between the Crown and indigenous peoples. That relationship is defined not only by our history, but by our honour. It is tested not by words or new offices, but by actions. It is measured not by the number of new bureaucracies we create, but by the commitments we fulfill and the promises we keep.
For decades, governments have spoken of reconciliation, yet reconciliation without accountability remains a broken promise. The Liberal government’s proposed Bill , an act respecting the commissioner for modern treaty implementation, simply provides cover for its decade-long history of broken promises to indigenous peoples. The new office of the treaty commissioner would tell us nothing that the Office of the Auditor General and many indigenous leaders have already told us: that the government continues to fail.
I want to speak plainly about where we are in implementing modern treaties in Canada, what progress has been made, where failures persist and how we can fix the system without creating another costly bureaucracy at a time when taxpayers can ill afford it. However, before we discuss implementation, it is important to define what we mean by modern treaties and self-government treaties.
A modern treaty is a comprehensive land claims agreement negotiated between a first nation, Inuit or Métis group and the Crown, which means the federal government and sometimes provincial governments, that settles outstanding aboriginal rights and land claims. The purpose of a modern treaty is to resolve long-standing disputes over land ownership, resource rights and governance in a defined territory. The scope of a modern treaty can include land, resources, financial compensation and governance rights, and it often incorporates self-government provisions. However, not all modern treaties are full self-government agreements. Once implemented, modern treaties are enforceable by federal law and generally replace or clarify rights under historic treaties.
A self-government treaty is an agreement, often part of a modern treaty, that specifically recognizes and establishes an indigenous government with the authority to make certain laws in areas similar to a provincial or municipal government. Its purpose is to grant indigenous groups the right to govern themselves, which includes control over education, health care, culture and local services. The scope focuses on political authority and administrative powers rather than on only land and resources. Legally, self-government provisions are binding and implemented under federal law. They can exist as part of a modern treaty or as a stand-alone self-government agreement.
Understanding these distinctions is crucial. Implementation is not about creating new offices or new bureaucracy; it is about ensuring the Crown and its departments respect the legal authority already established in those agreements. I should note that the recent Whitecap Dakota's self-government agreement, which passed with Conservative support in 2023, is not a full modern treaty. There remain outstanding issues, which I understand the government continues to negotiate on.
I wonder exactly how a future commissioner of modern treaty implementation would be able to magically motivate the government to get this done. Naming and shaming is one way, yes, but the ministers can do that themselves. The ministers of each and every department can hold their departments accountable for failures rather than creating another new bureaucracy.
We know it can get done. In fact, the Conservatives, under Prime Minister Harper, signed five modern treaties in a span of six years. In over a decade, the Liberals have negotiated none. The five modern treaties include the Tlicho first nation's land claims and self-government agreement that happened in 2006, the Maa-nulth First Nations Final Agreement in 2009, the Tsawwassen First Nation Final Agreement in 2009, the Sioux Valley Dakota Nation Governance Agreement in 2013 and the Déline Final Self-Government Agreement in 2015.
Make no mistake. I have said it once; I will say it again. The Conservatives support modern treaties. We support indigenous communities that want to get off the paternalistic and archaic Indian Act. What we do not support is the mistaken assumption that spending more taxpayer dollars compensates for the lack of accountability within government bureaucracy.
Who has been fired? Has anyone been fired for not living up to what the government signed? Have any departments done some reorganization because of the failures of the government to live up to its treaties? I have not heard that today in a speech.
How has the managed this internally? I know she is new. I get that she was elected just a few months ago, but this question still remains: How is a report from the new commissioner's office going to change things when dozens of Auditor General's reports on the failures of government have resulted in nothing moving forward?
The Office of the Auditor General conducts regular audits of treaty negotiations, modern treaties, self-government agreements, the implementation of them, and treaty land entitlements. Some of the audits include the 2005 report on the federal government meeting treaty land entitlement obligations, the 2006 report “Federal Participation in the British Columbia Treaty Process—Indian and Northern Affairs Canada”, the comprehensive “Audit of the Implementation of Modern Treaty Obligations” from 2013, and the 2016 report “Implementing the Labrador Inuit Land Claims Agreement”. This does not even include the 14 Auditor General reports produced since 2015 on related issues facing first nations, Inuit and Métis.
Where are those reports? Has every government department been addressing the concerns tabled by the Auditor General? This is why indigenous leaders are calling for this legislation. Yes, they want to see more oversight, absolutely, but we think the failure is on the government. We think the government itself, within the bureaucracies, and the ministers themselves have not been pushing departments hard enough to live up to these modern treaties.
While governments continue to ignore the reports and audits from the Auditor General and continue to ignore treaty partners, there is still no collaborative modern treaty implementation policy, which happened in 2023. What would be a positive step forward considering the Liberal government is currently bogged down with 70 treaty negotiations, and two years later, it has not implemented anything?
Here is another crucial point. Implementation is not about new policies, new offices or new dollars going into bureaucracies. It is a question of whether current officials are doing their jobs, whether existing departments are held accountable and whether existing laws and commitments are enforced.
However, here we are today talking about a new office, a commissioner for modern treaty implementation, a multi-million dollar bureaucracy intended to monitor, oversee and report on implementation, an office that would not be entirely accountable to Parliament. The commissioner, government and treaty partners would decide when audits are conducted and how, not Parliament. Reports would be tabled by the minister a few weeks after they receive them, but Parliament would not have the power to initiate audits of the government's handling of modern treaty implementation.
With respect, that is the wrong approach. We do not need more bureaucrats. In fact, the Liberals really ought to learn from their past mistakes. Between 2015 and 2017, several new federal offices and initiatives were created to work on land claim implementation issues: the modern treaties implementation office, the assessment of modern treaty implications office, the performance management framework, the modern treaty management environment, the deputy ministers' oversight committee, and the reconciliation secretariat.
Since the creation of these offices, as I have said before, no modern treaties have been established by the government. There are six entities specifically designed to monitor, support and ensure the implementation of these treaties, and now we are supposed to believe that finally we have the magic bullet that will solve it all.
Again, maybe the answer is to start firing those who are not doing their jobs, who are not living up to the commitments the government signed and is obliged to do. There are reports creating dust on shelves. Why are we not just doing what those reports have outlined? We need ministers and officials to take responsibility for obligations we already have, whether in modern treaties, self-government provisions or historic agreements.
Since the 1970s, Canada has sought to move beyond the numbered treaties through the negotiation of modern treaties, which are comprehensive land claim agreements that establish self-government, define rights and confirm jurisdictional authority. Today, there are over two dozen modern treaties in force across Canada, from the Yukon and Nunavut to British Columbia, Quebec and Newfoundland and Labrador. These agreements represent some of the most advanced models of indigenous government anywhere in the world, yet today, the situation remains uneven.
Some treaty nations have made substantial progress in self-government and economic development. Others remain entangled in administrative barriers, forced to negotiate or litigate and litigate again for the very rights they thought they had already secured. For many indigenous governments, the experience of treaty implementation has been one of delay and paternalism. Departments interpret treaty commitments inconsistently, and fiscal transfers are too often designed to preserve federal control rather than encourage and enable indigenous autonomy. This results in what leaders have called “the illusion of implementation”: the appearance of progress without the substance of change. A treaty signed is celebrated. A treaty implemented is where the government drags its feet.
Across Canada, indigenous and treaty partners continue to wait for commitments signed decades ago to be fulfilled. Implementation remains chaotic and delayed. Fiscal transfers are late or incomplete. Departments pass down responsibilities back and forth like a file that nobody wants to own. In 2024, the Auditor General reported again that the federal system remains fragmented, bureaucratic and unaccountable. One of the greatest challenges is that no single department or body holds full responsibility for ensuring Canada’s compliance with its treaty obligations. Responsibilities are fragmented across Indigenous Services Canada, Crown-Indigenous Relations, Justice Canada and the Treasury Board, just to name a few.
This bureaucratic mess means that when commitments go unfulfilled, no one is held accountable, not politically, not financially and not morally. Instead of holding those responsible accountable, the government proposes spending millions on a new office to supervise what should already be happening. How many offices do we need to tell the government that it is failing? Adding one commissioner does not change culture or performance. Only enforcement, accountability and clear expectations can. A lot of this, as I have mentioned many times in my speech, has been outlined in various reports already tabled in this House over decades.
The Supreme Court's 2024 ruling in Restoule v. Canada was a stark reminder of what is at stake. For nearly 170 years, the Crown failed to honour the Robinson Huron Treaty, failing to adjust annuities as promised. The court called this a violation of the honour of the Crown, not an oversight but a breach of trust, yet instead of ensuring that departments and ministers simply fulfill their obligations, now we hear talk of creating another bureaucracy to monitor implementation. The honour of the Crown is not measured by bureaucratic reports or new offices but by results on the ground: homes being built, clean water and indigenous policing being named an essential service, something that was promised years ago by former prime minister Trudeau, which still has not happened. Infrastructure is crumbling. Governance and economic opportunity are what indigenous leaders are calling for, and it is Canada that has failed to live up to those obligations.
We have built a system that celebrates the signing of those treaties, but nothing is happening to ensure that they are being upheld, despite the reports, despite the information, despite the studies and despite the conversations that we have on the ground with indigenous leaders themselves who are calling for this. What should change is ministers and departmental officials being held responsible for their legally binding obligations. That will change when we start firing people who are not doing their jobs. If a treaty commitment is delayed or ignored, someone must be held accountable, not an office on Wellington Street but the department itself, the minister and the leadership who signed those agreements.
Safety and basic services remain uneven. As I mentioned before, indigenous policing is underfunded, housing is substandard and climate-related disasters disproportionately impact indigenous communities. The Auditor General has talked about all of this. The Auditor General has also outlined ways to fix it. The commissioner would not build houses. The commissioner would not hire police officers. A commissioner would not ensure clean water.
What is required is executive responsibility and operational diligence. Departments must prioritize, budgets must be executed properly, and ministers must ensure that existing laws are followed. That is how results are delivered, not by another layer of bureaucracy.
Federal programs designed to support indigenous communities are often mismanaged. Hundreds of non-indigenous firms have falsely claimed indigenous status to win contracts. Oversight came way too late. Do not forget ArriveCAN. A commissioner would not prevent fraud; proper departmental controls, accountability and enforcement would.
Similarly, free, prior and informed consent is often ignored in practice. Consultation without power is meaningless. A commissioner cannot give departments the political will to respect indigenous sovereignty; only leadership and accountability can.
Therefore the solution is clear: Departments need to do their jobs. The authority, the responsibility and the obligation already exist; we simply need to enforce them. Ministers must be held accountable. If an obligation is unfulfilled, it is not a bureaucratic problem; it is a leadership failure. Parliament must ensure consequences.
Indigenous governments must be partners in oversight. They should hold departments accountable directly, without requiring another costly office. Performance must be measurable. Tracking, reporting and enforcement can be done with existing systems, and I have already named a bunch, if officials are mandated to act rather than to report on not acting.
Reconciliation is measured in results: homes built, clean water delivered, indigenous policing, economic opportunity and the integrity of our nation-to-nation agreements. We do not need another commissioner. We do not need more bureaucracy. We do not need another office to spend millions of taxpayer dollars when we are already running massive deficits. We need ministers, departments and public service officials to simply do what they are legally required to do. If we honour our treaties, if we enforce accountability and if we expect results, then reconciliation is not just possible; it is inevitable.
Let us act here in the House with integrity, with resolve and with honour. Let us ensure that every promise is kept, not with more bureaucracy but with the discipline to actually do our jobs.
:
Mr. Speaker, I think that the government is taking an important step toward reconciliation with first nations today.
I would like to begin by paying tribute to the late Jim Aldridge, a distinguished lawyer, tireless advocate for modern treaty rights and friend to the Bloc Québécois. Throughout his career, Mr. Aldridge helped shape our legal and political understanding of modern treaties, particularly through his work with the Land Claims Agreements Coalition, or the modern treaty coalition. His commitment to establishing a fair and respectful framework for treaty holders continues to inspire this debate and sheds light on the very meaning of the bill that we are discussing today. His approach was based on the simple but profound idea that a treaty is not a memory of the past, but a living promise that will shape the future.
Jim Aldridge firmly believed that treaty implementation should be guided by transparency, accountability and institutional co-operation, the same principles that underpin Bill , which is before us today. His intellectual and legal endeavours helped pave the way for what we are discussing here: an independent commissioner to monitor Canada's commitments and to report to both Parliament and indigenous peoples.
This debate bears the mark of his legacy. The concept of modern treaties is a path forward that will bring considerable benefits if we follow it. This type of agreement has enabled many indigenous communities to grow and to come up with new ways of seeing relationships between the first nations, Inuit, Métis and governments.
I want to talk about the first modern treaty, the groundbreaking one from Quebec. I am referring to the James Bay and Northern Quebec Agreement, which was signed in 1975 in response to the 1973 Supreme Court decision in Calder, when the court recognized the concept of aboriginal title to land for the first time in Canadian law. It was the first time the ancestral rights of first nations, Inuit and Métis people were recognized.
Many people consider the James Bay and Northern Quebec Agreement to be the first modern treaty. Getting this treaty signed was not easy, but it helped advance the cause of first nations and Inuit people in Quebec. This modern treaty has been enhanced many times over the years as a result of various agreements and other legislation. The last major enhancement was the peace of the braves agreement signed in 2002 by the late Bernard Landry and his counterpart Ted Moses, the grand chief of the Grand Council of the Crees.
The James Bay and Northern Quebec Agreement created a framework for land management between the Quebec, Cree and Inuit governments to enable indigenous communities within the territory to participate in the development of their land while preserving important traditional cultural activities, including hunting, gathering, fishing and trapping grounds. The agreement also provides a framework for education.
The James Bay Native Development Corporation was also created in partnership with Quebec to promote economic development and to give indigenous communities a say in the region's future development while being mindful of the environment. It also gave first nations and Inuit a voice in the administration of justice and social services. In short, the scope of this agreement broke new ground and served as a model for other treaties across Canada. Once again, Quebec was ahead of the curve. We were the first to start down that road.
For the Bloc Québecois, reconciliation has always been at the heart of our commitment to indigenous people. We feel it is crucial to make things fairer between us. Modern treaties like the James Bay and Northern Quebec Agreement are an incredible example of what we can accomplish when we take the time to talk and reach out to one another and when we swap the nation-to-nation or government-to-government negotiations for lasting partnerships in order to jointly build an open, free and informed dialogue where we understand one another and do things together.
That is also why the creation of a commissioner for modern treaty implementation is a policy that will move us forward and that we support. It is an example of co-creation and co-development, the result of engagement with more than 130 groups, including indigenous modern treaty partners, indigenous groups negotiating modern treaties, sectoral agreement holders, national indigenous organizations, and provincial and territorial governments.
Since Quebec first set out on this path, Canada has followed suit. Today, 26 modern treaties have been signed, with 18 of them containing self-government provisions. The treaties touch on numerous matters of particular concern for first nations, Inuit and Métis people. First, they strengthen indigenous governance by recognizing it and by working in partnership with it in various sectors. This acknowledges the jurisdiction and wishes of first nations, Inuit and Métis people.
In addition, the treaties help improve first nations, Inuit and Métis management of land and resources, by recognizing their rights and by empowering them to implement policies for better managing wildlife and resources while respecting the environment and the ancestral cultures and traditions of indigenous peoples. They support indigenous culture, language and heritage. This point really resonates with me as a Quebecker, because the preservation of our language and our culture is important to us. It is just as important to first nations, Inuit and Métis people. It is important to revitalize indigenous languages, help first nations, Inuit and Métis people preserve their traditional knowledge, and help them express their identity and tell their stories. Cultural exchanges are vital to our society. There is something special about going to see the Rouyn-Noranda hockey team play and having the game start with a drumming performance, for example. It makes a real impact and creates a magical experience.
Modern treaties also create more economic development opportunities for indigenous people. This helps them develop the tools they need to support their businesses and contribute to the Quebec, Canadian and international economies. It also leads to improved social development, especially in health and education, allowing first nations, Inuit and Métis communities to ensure that all of their residents can receive the care they need.
Lastly, modern treaties help communities play a role in protecting the environment. Caring for the Earth and protecting it is central to their culture. The concept of thinking seven generations ahead is about ensuring that we leave something tangible for those who come after us. These treaties touch on numerous points and help redefine our relationships.
As the member for Abitibi—Témiscamingue, I have also observed the impacts of the James Bay and Northern Quebec Agreement and the peace of the braves agreement. The development of the Cree communities of northern Quebec has been significant. These communities have been able to further their economic development and meet the needs of their residents for everything from education to sports facilities, and this has improved the situation immensely. This partnership between Quebec, the Cree, the Inuit and the Naskapi has propelled these communities forward. That is why my dream is to see a modern treaty signed with the Anishinabe communities in my region. This would finally ensure the long-term development of the communities in my region by giving them the necessary power to develop the land, in partnership with local non-indigenous residents. I hope this message will be heard. I believe our reconciliation lies along that path.
Let us now turn back to Bill , which was introduced by the . Generally speaking, this bill will create the office of commissioner for modern treaty implementation, whose role will be to oversee the implementation of treaties and act as a watchdog for first nations. This is a commendable step. It represents major progress for many indigenous peoples. However, it does not relieve Ottawa of its responsibilities towards first nations that are not covered by modern or numbered treaties. The primary purpose of this role is to ensure that the government fulfills its own obligations, that it honours its own commitments, particularly those around the nation-to-nation and government-to-government relationships embodied in these treaties. This reflects a will to change the culture of governance.
For too long, treaty implementation has suffered from a lack of follow-up, a lack of consistency across departments, and a lack of mechanisms for measuring actual progress. The result is that even decades after the signing of some modern treaties, indigenous partners still have to fight to get what they were promised. Bill C‑10 seeks to break that cycle.
It seeks to establish a framework where promises made are promises kept, where accountability becomes an institutional requirement rather than a favour. The goal is to make treaty implementation predictable, measurable and public, so that citizens, governments and signatories can track progress together.
This position will therefore ensure greater transparency and accountability. However, the fact that this position is needed in the first place demonstrates that the government needs oversight in order to successfully carry out its reconciliation efforts. We saw this with Bill , where first nations were consulted hastily without obtaining their free, prior and informed consent. Failures such as this demonstrate that, despite the government's fine speeches, it continues to fail to provide high-quality services to the indigenous communities under its responsibility.
Even now, in 2025, many communities are still under boil water advisories, if they even have access to running water at all. The same thing applies to the housing shortages affecting so many communities, if their land base is even recognized. Although these situations may seem far removed from us, they are affecting indigenous communities in my riding. However, the arrival of a commissioner for modern treaty implementation will not lead to any improvements in this regard for the Anishinabe people of Abitibi—Témiscamingue because, as I mentioned earlier, they have no modern treaties. This once again shows how important it is that action be taken to improve this situation.
One key aspect of this bill is the commissioner's independence. I applaud that important fact. The person appointed to this position will serve a seven-year term, renewable only once. In this way, the commissioner will be able to act without necessarily fearing repercussions. The same process exists for other independent roles, such as the Parliamentary Budget Officer, the Privacy Commissioner and other similar positions.
However, I would like to stress that the appointment must be made after leaders of the various political parties in the House have been consulted. The intention is good, but it would be useful to look at what Quebec is doing in terms of appointments to similar positions. For example, in appointing the French language commissioner, the National Assembly of Quebec must hold a vote and two-thirds of its members must approve. This is also important for the Auditor General. In my opinion, it ensures that the persons appointed have the absolute confidence of the House. It might also be worthwhile for appointments to positions such as this to have the support of at least one other recognized party in the House. This would demonstrate the independent nature of the position.
The other thing that we should consider is access to information. I think it is crucial that the commissioner have access to all of the information they need to accomplish their mission. That is something that I would like to work on during the study of the bill. At the very least, I would like to ensure that the wording gives the commissioner the power to request and receive documents. It would not be good if departments were able to circumvent this power by citing an out-of-court agreement or by claiming that a document cannot be disclosed for various reasons. In my opinion, we must ensure that the wording of the bill does not prevent the commissioner from fully performing their role.
Another issue that I would like to look at during the study of this bill is its impact on provincial jurisdictions. As I explained, the James Bay and Northern Quebec Agreement was signed by the Government of Quebec and first nations and Inuit. Thus, if the commissioner is to fulfill their role, they must focus solely on federal responsibilities. They cannot infringe on provincial areas of jurisdiction. I look forward to hearing from the various witnesses on the issue to ensure that everyone's jurisdictions are respected in this bill.
As my remarks will show, the Bloc Québécois agrees with the principle of the bill. We are simply pointing out elements that we want to reflect on with all stakeholders in order to improve it. However, I still have concerns about the role the government wants to play. The last budget, which was a very long time ago, provided $10.6 million over four years to establish the commissioner's office and functions. However, with the cutbacks the various departments are being asked to make, we have to wonder how much will really be earmarked for the commissioner. The commissioner must have the money they need to do their work. The November 4 budget must therefore confirm these amounts. Fortunately, a simple calculation shows that the government has already saved the first $2.65 million from budget 2024-25. I really hope that this money will remain in the same budget line to ensure the longevity of this new office. I know that indigenous organizations share our concerns.
We now move on to the most important aspect of this bill: how the office of the commissioner for modern treaty implementation will operate. Indeed, when they are preparing their reports, the commissioner will adhere to the same principles as the commissioner of the environment and sustainable development and the Auditor General of Canada. Federal institutions will have the same requirements as those imposed by the Auditor General of Canada. This is excellent news because the federal government will not be able to hide from its own failures.
I would also like the government to maintain the principle of committee appearances. I believe that the Standing Committee on Indigenous and Northern Affairs will also play an increasingly important role.
Nevertheless, it is important to point out that the commissioner will not have any enforcement powers. This means that the commissioner will identify deficiencies and the aspects of modern treaties that the federal government fails to fulfill, but the commissioner will not be able to step in or take any action. The various departments that work with first nations, Métis and Inuit will have to take action.
However, reports tell the real story of the implementation of and compliance with treaties. They will determine the level of Canada's true commitment to indigenous peoples. This will lead to accountability and give parliamentarians who care about first nations, Métis and Inuit a tool to call for meaningful action.
Indigenous partners, including the Land Claims Agreements Coalition, Inuit Tapiriit Kanatami and the Assembly of First Nations are calling for some adjustments, including the presence of a permanent indigenous advisory committee. It would also be important for results to be accessible in indigenous languages to ensure communities take ownership of the results. These organizations are asking for a shared tool that helps ensure transparency and not a one-way report from the government to Parliament. I would therefore like to make some amendments to improve this bill.
I want to acknowledge the consultation and co-creation process that the department went through to put this legislation together. As I said, it is a step in the right direction. It is a meaningful step, and I hope it will build trust between the government and indigenous peoples.
In closing, I would like to once again pay tribute to Jim Aldridge, who dedicated his life to promoting the understanding that the implementation of treaties is the cornerstone of a just and lasting people-to-people relationship. His work requires us to go further and turn words into action.
That is the ideal that Bill must live up to. It is not just about creating a position; it is about rebuilding trust between the Crown and the signatories, trust between institutions and people and trust that promises will be honoured.
Treaty signatories are clearly not asking for something symbolic. They want a tool that will produce real change, a mechanism to ensure that modern treaties, the foundations of our federation, finally become living, visible realities respected by all.
:
Mr. Speaker, it is a pleasure to rise today and speak to yet another very important piece of legislation that the government has presented to members of the House. As with previous legislation, I would encourage members to get on board with recognizing where it is coming from and see the benefit of having legislation of this nature become law.
There are a number of things I would like to express.
In dealing with the legislation itself, it is important for us to realize how, in essence, it came into being. We did not see bureaucrats sitting around a table ultimately dictating something from the federal government. In fact, there has been extensive work done to ensure it comes from the leadership within the indigenous community. The legislation reflects issues that were ultimately raised by indigenous leaders.
We have this legislation before us today in good part because of the commitment to improve that nation-to-nation relationship we often talk about. It is a significant step toward reconciliation. Even though it is not part of Murray Sinclair's calls to action, I believe that, if we capture their principles and essence, this could have very easily been a 95th call to action. It is a very powerful statement that will become reality if, in fact, we can get it passed through the House of Commons.
In listening to the comments thus far, I am very much encouraged by those from the Bloc. I have some reservations with regard to the Conservatives, and I would like to address those head-on.
In the questions and answers that were posed, I believe that maybe there is some flexibility and some room to see potential changes to the legislation that would satisfy the Conservatives, at least in part. I think we need to, at the very least, explore that possibility.
I would suggest that one of the ways we can best explore that possibility is this: After hearing a number of hours of debate on the legislation, some would like to see a smaller number of hours of debate and allow it to go to the committee, where we could hear first-hand from indigenous leaders and other stakeholders. We could hear what it is the Conservatives might say that could improve the legislation.
Let me start off by addressing what seems to be the primary concern of the Conservatives. Two points come to my mind. One is cost and the other is the federal Auditor General.
I will deal with the issue of cost. I could probably spend a little while talking about the cost of not taking actions such as this to all of us. All one needs to do is take a look at the last federal election. There was an issue that came up at every other door. If I raised it, it was 95% of the doors I knocked on. It was a concern about trade, Trump and tariffs, if I can put it in the form of the three Ts. It meant a great deal no matter what the person's background, whether they were from a first nation or anywhere else. It had to do with the impact this is going to have on us economically and socially.
That is why I think the position of the was the right position at the time. He recognized that, if we are going to grow collectively into the future, we need to have one Canadian economy. That is not possible without indigenous leaders at the table. When we talk about nation-to-nation relationships, having both direct and indirect input is of critical importance. We saw that in a very tangible way after the election. We had ministers and others dealing with many different stakeholders, whether provinces, territories, indigenous leaders or others, in order to see what we can do to build upon one Canadian economy.
I do not think it is a coincidence. We can look at the first modern treaty, which has already been cited once or twice now. It was for the James Bay project in northern Quebec. That modern treaty enabled indigenous community members and people living in Quebec to benefit immensely. It was because of that agreement. It enabled the parties at the table to develop an economic opportunity that would never be where it is today were it not for having a modern treaty.
That is why I say we get a lot of benefit when we recognize the true value of modern agreements and these treaties. They are critically important. They are part of the Constitution. There is a constitutional mandate that everyone who lives in Canada has to respect and act upon. A modern treaty is like a living document that needs modifications. Yes, it would be wonderful if all first nations were incorporated into a modern-day treaty. I think it is important that we continue to work in that direction. As the commented in her introduction, these are not documents that are made overnight. We need to recognize that it takes time to make these modern treaties a part of reality.
Let us look at the preamble of the legislation. I do not often refer directly to the legislation, but I think it is worth noting what is stated in the preamble. It is relevant to what we should be talking about today.
It states, “Whereas the Government of Canada is committed to achieving reconciliation with First Nations, Inuit and the Métis through renewed nation-to-nation, Inuit-Crown and government-to-government relationships based on the recognition of rights, respect, cooperation and partnership”.
It also states that “modern treaties are part of the constitutional framework,” which is something I have already made reference to, “and represent a distinct expression of that reconciliation”. It also states that “modern treaties are intended to establish a mutually agreed-upon and enduring framework for reconciliation and ongoing relationships between the Government of Canada and Indigenous peoples”.
It goes on. I am not going to read all of it, but I want to emphasize a couple more points, which members should refer to.
It states:
Whereas modern treaties are intended to strengthen the health, dignity, well-being and resilience of Indigenous peoples, to create enduring relationships between modern treaty partners and to advance national socio-economic objectives that benefit all Canadians;
I want to emphasize that one because the has been pushing to build one Canadian economy. Earlier in September, we had an indication of five major projects. We are talking about 60 billion dollars' worth of economic opportunities. That is “billions” with a “b”. If we factor in the indirect contributions, it is a whole lot more. I can tell members that if it was not for indigenous leadership, a number of those projects would not be possible. Indigenous leaders, businesses and entrepreneurs are at the table, along with others, to ensure that we build a stronger, healthier economy and social fabric in our nation. It might have been encouraged through some of the actions of President Trump, but I can say that these are real projects.
Let us look, for example, at LNG in British Columbia and who the proponents are for that particular project. Reconciliation is about a lot more than just saying, “Sorry”. It is about dealing with opportunities, remembering the past and going forward to build a stronger and healthier economy for all people in Canada. We can talk about the copper mines we are expanding through the five megaprojects. There are particular projects in western Canada where I focus that are critically important to all of us.
Continuing on with the preamble of the legislation, there is one last area I would like to quote.
It states:
Whereas the United Nations Declaration on the Rights of Indigenous Peoples states that Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements;
I want to highlight those aspects because I genuinely believe that Bill is all about the creation of an agent of Parliament who is there to recognize the obligations of Parliament.
The two primary concerns, it seems to me, that the Conservatives have about the bill are with respect to the cost factor. The critic said that, when dealing with the costs, we are talking about several million dollars. I made reference to building an economy and how, through reconciliation and having agreements, we are able to achieve an economic success we might not have if we did not have that sort of relationship.
When we think of the agent of Parliament, let me suggest that it is well worth the few millions of dollars that it would cost to put it into place.
The other argument being used is about the issue of expertise. As the critic for the Conservative Party made reference to, we have the Auditor General and the Auditor General should suffice. I would ultimately argue that this is not the case. Having the agent of Parliament being proposed through Bill is very different from having the Auditor General deal with the situation.
Let me give members an example of that. I am a very big fan of Murray Sinclair. My home province is Manitoba, the birthplace of Murray Sinclair. I have been an MLA and am now a member of Parliament, and I have been in politics since 1988. I got to know the late Murray Sinclair and saw first-hand the impact that this individual had on our nation in whatever role he played. I especially got to know him a little better when he was appointed a senator.
Let me suggest why I raise Murray Sinclair. It is because across Canada, from coast to coast to coast, Murray Sinclair's report on the state of indigenous people in Canada and the relationship between the different levels of government has been widely accepted and supported. When Murray Sinclair made the report back in 2015, with its 94 calls to action, I was sitting in the third party. This was back in 2014, going into 2015, a few years ago. At the same time, Murray Sinclair made it very clear that these 94 calls to action were of the utmost importance in dealing with reconciliation. Even though Bill technically is not one of those calls to action, I believe that if Murray Sinclair could have a 95th, this would likely be it, because it is about accountability and transparency.
If it were not for Murray Sinclair, his life experiences and the knowledge he brought to the table, we would not be where we are today. I would suggest to the Conservatives to take a look at the type of individual who will be filling this particular position. This commissioner, an independent agent of Parliament with an incredible background who is appointed for seven years, cannot be replaced by the Auditor General of Canada. Murray Sinclair demonstrated that very clearly.
The purpose of my standing today is to show the Conservative Party that the merits of this legislation, at the very least, deserve to be brought to the committee stage, where the Conservatives can then deal in more detail with their concerns. Let us recognize that this legislation is good, solid and should pass—
:
Mr. Speaker, we are here talking about the creation of a treaty implementation commissioner. Here is some background. I was the chief councillor of the Haisla Nation Council for six years, and prior to that, I was a councillor for eight years. During that eight-year period, I was treaty chairman under the B.C. treaty process; I was negotiating the treaty, so I read all the announcements over the last 20 years, went to all the meetings and read all the reports and the different positions being created to address very simple issues.
For those who do not understand the treaty and how it has evolved, the treaty is basically a formal agreement signed between B.C., Canada and first nations, and has evolved to formalize aboriginal rights and title, and underneath that, case law that established, in the courts of B.C. and Canada, reconciliation. That term is used loosely all over Canada, especially by politicians, for everything under the sun, but when we look at case law, we see that “reconciliation” has a meaning: It is how to marry aboriginal rights and title interests with Crown interests, meaning legislation and regulations.
Under undefined rights and title, which is what we are finding in cases like that of Cowichan, for example, it is complicated, I will admit, but a treaty defines rights and title in a very prescriptive manner, including implementation. There are implementation provisions in modern-day treaties. Why would we create another position, another level of bureaucracy, when implementation is already spelled out in the modern-day treaties?
I have heard the awakening speeches from the Liberal members that talk about social issues tied with economic development issues, which is great. I am glad they have finally woken up to that reality, especially in first nations regions, because we have been talking about that for the better part of 20 years. Before the 2004 court case came along, first nations really did not have a seat at the table. It was the Haida court case of 2004 that defined the role of the Crown in dealing meaningfully with aboriginal rights and title interests, even if it had not been proven. By the way, the Haisla first nation, where I come from, intervened in that court case.
The Haida court case turned things around for my band. We went from being one of the poorest first nations communities in B.C. to being one of the wealthiest and most successful. More importantly, we resolved poverty and unemployment. All those social issues, including the violence of poverty, started to go away. I am incredibly proud of that. In fact I would love to see some type of report done on that. My band is not talking about the social issues that many other first nations are talking about anymore, just because we engaged in the economic fabric of Canada and B.C.
However, it is the politics that have held us back, the legislation created in places like this and in Victoria that many people do not understand and do not follow. I do not blame them, especially today. They are out there trying to make life more affordable and trying to find a job, especially our young people, who are reaching higher levels of unemployment. They have their own issues.
I believe that part of my job is to describe what is happening here in terms of legislation, and to describe how it affects the individual, which is extremely hard. A lot of people think, “Implementation of treaty is such a great thing. They are going to create a commissioner.” Well, a commissioner has no authority. What the commissioner would do is take the decades of complaints from first nations, formulate them into a report and give it to government.
Then, if government repeats its past behaviour, it will ignore the report or come up with some type of word-salad speech, just for the perception that it is actually doing something, when really, first nations leaders are coming to the table in good faith, not only to resolve their issues but also to sign a treaty. They are moving from a place of undefined aboriginal rights and title that requires consultation, and they think they are moving into an arena where they are going to be treated as an equal partner to Canada and B.C.
The Nisga'a Nation, in my region, has had a treaty for over 20 years. Its members were the first to complain of the tanker ban that restricted their economic future. They are a treaty partner of Canada, but Canada did it anyway. To be clear, the Nisga'a were not supporting the transport of oil; they just thought that the treaty outlined specific roles and responsibilities between their treaty nation and the Government of Canada. That is all they wanted. They expected more, because the provisions of the treaty said so.
For treaty bands, unless they are gifted with location as an asset, it is really tough to implement a loan by themselves without an economic base. For some treaty bands that are close to urban centres, an economic base is not that much of a problem, especially if land values are high, such as in Vancouver. However, for remote bands that sign on to a treaty, there are provisions in the treaty where, at some point, they are going to have to get off government funding.
The whole point of signing on to a treaty is to formalize an agreement between Canada and B.C., but also to get away from Indian Act funding. Everybody talks about dependence. Well, for the most part, the Indian Act is irrelevant; nobody is going to enforce those archaic provisions, but the funding agreements still hold first nations dependent on government funding.
Treaty bands get government funding as well, but there are provisions where they have to develop their own source of revenue, which is really hard to do. If we think about a typical band with maybe 800 people on reserve and 800 off reserve, its funding agreement probably amounts to $7 million or $8 million a year; I have been away from council for quite a while, so I am not quite sure, but the provisions of the treaty expect them to replace that funding and be independent of government funding.
There are also extra costs, because Indian Act funding is formulated in such a way that first nations do not really get the entire cost covered by Indian Act funding. If they need $100, the Indian Act will provide $70, and they have to figure out the rest. That goes for water, sewers, administration and health, so first nations are continuously trying to make up the difference.
By the way, under the Indian Act, if a first nation produces a deficit, it will get punished. There will be clawbacks, by a cessation of programs, for example. However, here is the thing: In certain funding agreements under the Indian Act, if a first nation produces a surplus and it is not entirely under the criteria of what government expects, it also gets punished. First nations cannot win under the Indian Act agreement, so it is no wonder they are trying to find a way out, whether that is by leveraging their aboriginal title to be engaged in economy to create their own source of revenue, or by signing a treaty. Either way, first nations leaders are still trying to resolve one central thing: How do they resolve poverty and all the violence that accompanies it?
This is not new. I became treaty chairman in 2003. I used to go to the summit meetings in Vancouver, in Musqueam. They were talking about this back then, not only in terms of implementing a signed treaty but actually in terms of the provisions that we were negotiating at the time. I do not see how a commissioner would change this, when it would be just another office to pass the message on to government that “hey, government, you are not doing your job”, which is what it boils down to.
Liberal members have been getting up and talking about a new era of partnership and building an economy to combat Trump's tariffs. Why, then, have they opposed economic development for the last 10 years? Why did they create Bill ? Why did they create Bill ? We have already heard energy experts saying that we cannot be an energy superpower without oil and gas, that our dependence as a country on the United States, taking our own gas at a discount, is not only going to limit our ability to diversify our economy but will also limit us in becoming an energy superpower.
First nations are already there; we have been there for the last 20 years. If we look at the Haida court case of 2004, we see there is a specific clause that says there is an economic component of rights and title that must be respected. That is in relation to the land.
First nations get it. They have to make a trade-off, and they have been willing to make that trade-off. They have a specific parcel of land, and in their past practices it might have been subject to ceremonial purpose, food gathering, hunting or fishing. They get it, but they are also looking at the ravages of poverty, especially on reserve, and even, for that matter, off reserve, so first nations have been pushing for economic development in all sectors as much as they could. Who stops them? The Liberal government stops them with its legislation.
I already outlined the Nisga'a Treaty, with the government's partner that has a higher level than just consultation of aboriginal rights and title because it has defined rights and title. The first nation signed a constitutionally protected document with Canada and B.C. that said that the Nisga'a Nation is a partner of Canada and B.C. The leaders did it not just for the glory of signing a treaty; they thought they could build a better future for their people, and they are doing a great job.
At the same time, every modern-day treaty agrees to abide by the laws of B.C. and Canada. This is called the paramountcy of laws. They are agreeing to that, meaning that if someone goes onto treaty territory of a modern-day treaty, they are not going to come into a brand new country with the old set of laws regarding speeding or crimes. They trade their undefined rights and title for that because they want to be a partner.
Most first nations leaders see that the issues we are facing as aboriginals are the same issues all Canadians are facing right now. We are in this together. Like a judge said, let us face it: None of us are going anywhere. First nations want better medical services just like everybody else. They want better highways and better schools. Treaty bands are subject to taxation. They do not want higher taxes, and if they do submit taxes, they want to see those taxes being used responsibly, just like non-aboriginals in Canada do.
Therefore, somehow the new-found idea of partnership with the first nations in economic development for Canada, coming from the Liberals, sounds disingenuous given the past 10 years, but it is more important than ever. It is more important because as we go into a limited economy stifled by legislation and regulations, combined with unmanageable deficits with no plan to pay off the debt, Canada is going down a dangerous road. I can say, as an aboriginal coming off reserve, that I cannot believe there are not more people talking about this.
Other countries have proven what happens when decisions are based entirely on politics. We think the cost of living is bad now, but if we go to a place like Venezuela, which bases its entire system on politics, it is now selling its resources for pennies on the dollar. People there need a wheelbarrow of cash just to buy a loaf of bread.
Governance is serious stuff, and I do get the politics. I understand it, but if we keep making political decisions and not thinking about the present day and future of our country, Canadians will pay for that for decades, for generations.
We are talking about treaty implementation. When I was a treaty negotiator and a chief councillor, it was made clear to me that decisions are to be made based on seven generations in the future. We did not have the luxury of spinning the truth, or at least I did not. Maybe I did have the opportunity, but I did not go down that road.
Yes, a lot of my policy decisions were not liked, but I was doing what I did for a reason. There were issues I wanted to resolve. I also wanted to leave a better place for my descendants. It turns out that LNG Canada was a good decision, even though politicians rejected it. For decades, the B.C. NDP made outrageous claims about why LNG was bad. They were saying that if LNG was approved, Victoria would be under water. The Liberals said that there was no business case for LNG and told that to Germany.
Meanwhile, we were waving from over here, saying, “Hey, wait a minute. We have LNG in Canada, in our territory.” We had Chevron, which was chased out. That was a $30-billion project. It was chased out. There were 18 projects in B.C., and all but three left.
The Liberal government is talking the reverse side of it now, saying that we need an economy, we need LNG and maybe we will become an energy superpower, but it is not going to talk about how it will do that. The government says that it will build oil pipelines but that it is not going to build oil pipelines. All this mixed messaging, wordsmithing and truth spinning is going to hurt Canadians.
This existential crisis that Trump created is not an opportunity for more politicking. It is a time to think about us as a country. Where did we come from? It is a pretty messy picture when one talks about where we came from in terms of aboriginal interests. I acknowledge the past and understand the wrongdoings, but I learned a long time ago that it is better to build a future. It is easy to tear down.
The Liberals have already torn down our economy by saying no to oil tankers on the west coast of B.C., even though there are tankers coming down the west coast of British Columbia on a daily basis from Alaska to Washington state. There is no mention of that. By the way, Washington state will refine some of the oil it gets from Alberta into gas, diesel and jet fuel and sell it back to Canada for incredible profits.
The United States has become an energy superpower for exporting oil and gas for domestic purposes and export. Where do they get a large part of their supply? They get it from Canada, at a discount. Treaty first nations are there; they have been begging for the government to stop ignoring them. All we are saying to the government is to do its job and not create another level of bureaucracy for a message to come from the commissioner to the government to tell it to do its job. First nations want to build Canada, just as everybody else does. Canada should just do its job.
:
Mr. Speaker, I will be sharing my time with the member for .
Kwe. Ullukkut. Taanshi. Hello. I would like to begin by honouring the Algonquin Anishinabe nation, on whose traditional, unceded and unsurrendered territory Canada’s Parliament is established.
I am honoured to rise and speak today in support of Bill , which would establish a commissioner for modern treaty implementation. The bill has strong support from modern treaty partners, and its introduction is an important step forward on the path of reconciliation. At its core, it is an opportunity to turn shared priorities into shared progress.
To better understand this opportunity, I will speak about how we got to where we are today. That means looking back at the history that shaped our present reality and the history of treaties in Canada. I will also discuss what a modern treaty is and why we have faced calls to improve their implementation, accountability and oversight for more than 20 years.
Treaties have long been the foundation of the relationship between the Crown and indigenous peoples. For example, in the 18th century, the peace and friendship treaties were intended to re-establish peace and trade after conflicts. Meanwhile, the treaties signed after 1763 over first nations territories opened up much of Canada to non-indigenous settlement in return for recognition of specific rights, annuities and goods, among other benefits. The treaties from this period and into the 1920s are referred to as historic treaties.
I would like to take a moment and say that last Wednesday was Treaty Day for all of Mi'kma'ki. In Nova Scotia, we had a flag-raising at the lieutenant-governor's house, which was very well attended. I saw the framed document, which is now 300 years old, in that house. It was a truly special moment.
As members know, during the historic treaty period, Canada adopted colonial, paternalistic policies that inflicted harm on indigenous peoples. These are painful truths that we now acknowledge as part of our ongoing journey of reconciliation. Decades later, Canada entered the modern treaty era of treaty-making. While modern treaties are distinct from historic treaties, they remain a foundational part of the relationship between the Crown and indigenous peoples.
I am now going to explain some of this history.
The modern treaty era began in 1973 with the Supreme Court decision of Calder et al. v. Attorney-General of British Columbia. This case centred around the Nishga Tribal Council in British Columbia, which sought recognition of the title to lands its people had historically inhabited. Until 1951, the Indian Act made it illegal for indigenous communities to use band funds to support any litigation or claim, making it difficult to pursue the title to the land.
Nishga Chief Frank Calder brought the case to the courts. The case was first rejected by the Supreme Court of British Columbia and then by the Court of Appeal of British Columbia. The Nishga Tribal Council escalated the case to the Supreme Court of Canada, where, at trial, it lost the case by one vote based on a technicality in the judicial process. Although the Nishga Tribal Council did not reach the outcome it sought, the decision led to the Government of Canada’s first land claims policy concerning the settlement of land claims by groups seeking title rights to land. This new policy would be important when Canada entered into the first modern treaty with the James Bay Cree.
Around the same time as the Nishga and the Calder case, Hydro-Québec sought to develop land claimed by the James Bay Cree without consulting the indigenous people inhabiting it. In response, the first nation partnered with the Indians of Quebec Association to negotiate with the Province of Quebec, though without success. Later, with the help of the Northern Quebec Inuit Association, the case was escalated to the Superior Court of Québec. Eventually, the James Bay Cree and the Inuit of northern Quebec signed a modern treaty with the Government of Canada and the Province of Quebec. The implementation of that treaty began 50 years ago, on November 11, 1975. The treaty permitted Hydro-Québec’s development of the land, and the Cree and Inuit inhabiting the territory were offered an acknowledgement of their rights to the land. This first modern treaty was a landmark for indigenous peoples across Canada, setting a new precedent in treaty-making.
In 1982, there was another landmark that proclaimed and affirmed the rights of indigenous peoples in Canada: the Constitution Act of 1982. Notably, it was forward-looking, acknowledging that additional rights and freedoms could be defined by indigenous peoples in the future through land claims settlement.
Despite this progress, tensions and disagreements persisted. To find solutions, the Royal Commission on Aboriginal Peoples was established to find ways to rebuild the relationship. It spent five years studying the relationship between the Government of Canada and indigenous peoples and found that the federal government lacked policy oversight and needed better guidance on land claims other than through the courts. The commission proposed that an implementation office be established to oversee the government's treaty claims, self-government accords and other obligations. At the heart of these recommendations was the need for the “foundations of a new relationship”. This included calls for improved review and oversight of modern treaties.
Since then, the Government of Canada has faced many calls to improve modern treaty implementation. For instance, in 2003, an Auditor General report outlined the findings of an audit that studied the department's management of and accountability in its transfer of responsibilities to the Yukon, as well as land claim agreements. The report found that there was a “lack of performance reporting” measures and “ineffective implementation”.
The Auditor General published a report in 2007, four years later, on the Inuvialuit Final Agreement. The report noted the “absence of a formal structure” to oversee implementation, a “lack of a strategic approach” to implement its modern treaty obligations and a lack of monitoring of how Canada fulfilled these obligations. It also noted an inconsistency in the vision between the Government of Canada and claimants regarding their respective roles and responsibilities.
Most striking was the recommendation from the Standing Senate Committee on Indigenous Peoples that said the Government of Canada immediately begin to establish, in collaboration with modern treaty partners, an independent commissioner for modern treaty implementation. A similar call was included in the calls for justice detailed in the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls. The report called on the Government of Canada to immediately implement and comply with the calls from international and human rights bodies to establish treaty-monitoring bodies such as the one we are discussing here today.
To summarize, since the beginning of the modern treaty era in Canada, the federal government has been called upon to improve accountability and oversight. Today, we have the opportunity to make history by responding to those calls, fully committing to honouring the relationships and fully meeting the obligations enshrined in modern treaties. Modern treaty partners strongly advocated for the introduction of this bill, and modern treaty partner leadership named establishing the commissioner as a top priority during the Land Claims Agreements Coalition conference that was held in February this year.
It is important to remember that modern treaties are about moving the Government of Canada's relationship with indigenous peoples forward. The social, cultural and economic growth driven by modern treaties creates opportunities for indigenous partners and all people in Canada. It is also central to the , which would integrate indigenous leadership into national infrastructure and climate planning.
I ask the members of this House to vote yes on this legislation. I ask them to vote yes on responding to 20 years of calls for greater accountability and transparency in modern treaty implementation and vote yes on living up to the promises enshrined in modern treaties in our laws and Constitution. I ask them to vote yes on a stronger and more resilient Canadian economy, underpinned by thriving indigenous communities and meaningful Crown-indigenous collaboration.
I ask them to vote yes on Bill , the commissioner for modern treaty implementation act.
Meegwetch. Qujannamiik. Marsi.
:
Mr. Speaker, I rise in the House today to speak in strong opposition to Bill , the so-called commissioner for modern treaty implementation act.
Let me begin by stating what should be obvious but often gets lost in the noise of the Liberal government's grandstanding: Conservatives support treaty rights. We support the process of reconciliation with Canada's first nations, Inuit and Métis people, not just in word but in meaningful action, and we have the record to back that up. Under Prime Minister Harper, five modern treaties were successfully negotiated in just six years. These were not symbolic gestures; they were real agreements that advanced indigenous self-government and secured land and government rights that had been long delayed.
Contrast that with the current Liberal government: zero modern treaties negotiated in over a decade in office. That is not progress; it is paralysis, and the Liberal record is shameful. Now, after years of doing nothing, the Liberals are suddenly telling Canadians that the answer to their own failure in bureaucracy is another office, more Ottawa insiders and a new commissioner who, let us be honest, would duplicate work that is already being done by the Office of the Auditor General.
My riding of Yellowhead is home to seven indigenous communities and is located on Treaty 6, Treaty 7 and Treaty 8 lands. These are proud nations with deep roots, strong traditions and growing aspirations. I have had the opportunity to meet with leaders and members of the communities since my election this spring. What they need is not another report from another commissioner; what they need is for government to do its job. Imagine what an estimated $2.6-million annual budget for the proposed office could accomplish in indigenous communities in my riding and across the country.
Throughout the country, indigenous communities need housing, better infrastructure and clean water, something the government has promised but has repeatedly failed to deliver. They need the federal government to live up to existing treaty commitments, not to kick the can down the road while claiming moral high ground from behind a new desk in Ottawa. Bill is not about reconciliation; it is about political theatre.
Let us take a closer look at what the bill would actually do. It would create a new agent of Parliament, the so-called commissioner for modern treaty implementation. This commissioner would write reports, table findings and issue recommendations, but as we have already heard today, would not have any authority to enforce anything. The kicker is that the reports would go to the minister first, the same minister who is failing to implement the treaties in the first place, before the reports are even tabled in the House. That does not sound very transparent to me.
Proponents of the bill, including many indigenous stakeholders, have expressed support, saying it would improve accountability. I respect their voices and their opinions on the legislation. I also respect their frustration. After a decade of broken promises from the Liberal government, I understand the desire for any measure that might force Ottawa to pay attention.
However, we need to be honest about what the bill is. It is not real accountability; it is bureaucratic theatre, and it comes with a price tag. We are told the new office would cost $10.6 million over four years, employing about 15 full-time bureaucrats. That may not sound like much to the big spenders on the other side of the House, but let me remind them that Canadians are hurting right now. Inflation is out of control. Families across Canada are struggling to heat their home, fill their gas tank and put food on the table.
These struggles are not exclusive to indigenous communities, nor are they exclusive to communities in my riding. Every member of the House sees the impacts of Liberal spending in their riding and hears about the needs of their constituents on a daily basis. As a CPA, I have seen first-hand the effects of increased Liberal taxes on my community. Small businesses are drowning in red tape. The Liberal government's solution is to spend millions more dollars creating yet another office in Ottawa. This is not common sense; this is Liberal nonsense.
Let me remind the House that we already have a respected independent institution that audits federal indigenous programs and treaty obligations: the Office of the Auditor General. Since 2005, that office has issued over twenty reports on everything from treaty land entitlements to self-government agreements and to the implementation of modern treaties. As a new member of the public accounts committee, I am dismayed to learn how so many of these reports and recommendations have gone unimplemented.
Although I have been assigned to the committee for only a short time, I have seen time and again that the work is being done. The Auditor General and her office are spending time and money to dig into the issues and to table reports in Parliament, yet again and again, their tangible recommendations that the government cannot bother to follow through on are ignored. In fact some of the most damning evidence of the government's failure has come from the Auditor General's reports.
What has the Liberals' response been? It has not been action or implementation but more delay, more excuses and now more bureaucracy. Creating a new commissioner would not hold government to account; it would just add a middleman. What we need is not more paper; we need more performance. We need ministers and departments to do the job they are paid to do, with no more shifting of blame or hiding behind reports. They should just do their job.
I want to speak directly for a moment to the indigenous leaders and communities in Yellowhead and across the country. I hear them, I see their frustration, I know they are tired of waiting, and I know they have heard a lot of promises from governments of every stripe, with too few results. We do not need more layers of government to make good on its obligations. Government just needs to take leadership. We need accountability and action.
Conservatives are committed to advancing reconciliation through real results, negotiated agreements, infrastructure development and ensuring that indigenous communities have the tools they need to succeed on their own terms. Reconciliation is not served by bloating the bureaucracy in Ottawa; it is served by empowering indigenous communities at home.
The Liberal approach to reconciliation has become performative and bureaucratic, and Canadians are seeing through it. Bill is not a solution; it is a diversion. It is a smokescreen for a government that has failed to act. It is a press release disguised as policy. It is, ultimately, a waste of time, energy and taxpayer money that would be better spent actually implementing the treaties we already have
On June 11, 2008, former prime minister Stephen Harper said the following about the Truth and Reconciliation Commission, during the government’s apology to former students of Indian residential schools:
It will be a positive step in forging a new relationship between aboriginal peoples and other Canadians, a relationship based on the knowledge of our shared history, a respect for each other and a desire to move forward together with a renewed understanding that strong families, strong communities and vibrant cultures and traditions will contribute to a stronger Canada for all of us.
What the bill proposes would not improve the lives of the communities it seeks to help. It would only create another hurdle, another level of bureaucracy and another barrier for indigenous communities that simply need the government to do its job, to honour existing treaties and to follow through on its promises.
Let me close by returning to my riding of Yellowhead, a region rich in history and tradition and home to proud indigenous peoples who want the same thing as every Canadian: the opportunity to build a better life, to raise a healthy family and to move forward with dignity and respect. They do not need another commissioner. They do not need another report. They need a government that will stop talking and start doing. That is what Conservatives will fight for and what I will fight for.
I urge all members to vote against Bill .
:
Mr. Speaker, it is a pleasure to address the House this afternoon and join the debate on Bill . I thank the member for , who is covering for me at committee at the moment, for assisting me so that I could be here to address the House on this important legislation.
I want to acknowledge that today, October 7, is the sombre anniversary of the worst instance of anti-Semitic violence since the Holocaust. My grandmother was a Holocaust survivor, and I cannot imagine what her response would have been, were she still alive, to the horrific images from that terrorist attack. The violence and the holding of hostages has continued since that day, and I add my voice to the many calling for the release of hostages and for Hamas to lay down its arms. I know that is not the topic of the bill before us, but I did want to mention it given what day it is.
Today, we are debating Bill , a government bill purportedly dealing with issues of justice and reconciliation. The bill would not do that at all, and on that basis, we will be opposing it. I will explain both our opposition to the bill and why I think we should take a different approach.
Bill would add an additional bureaucratic system around adherence to modern treaties. It proposes to create an additional commissioner of Parliament who would assess and look at the government's response to modern treaties. I suppose the logic of the government here is that the only thing holding the Liberals back from fulfilling their promises is if there was just one more commissioner telling them to do the right thing.
As my colleagues have pointed out, there is always a multiplicity of reports from independent officers or commissioners of Parliament and from civil society highlighting the shortcomings of the government. The government could act on the many recommendations it has received for concretely improving the lives of indigenous peoples, but instead of taking the kind of concrete action that we and many others have proposed, the approach of the government is to say that maybe if we had one more commissioner, it would make all the difference.
I will also comment in response to, I believe, the member for , a new member who was making some outrageous claims about the Conservative Party's approach to what happened in residential schools. In fairness, he is a new member, but he could still read the history of what occurred and was said here prior to the time he was elected.
The member maybe does not know, although he could know, that it was Stephen Harper, a previous Conservative prime minister, who apologized officially on behalf of the Government of Canada for what happened in residential schools. It is the Liberal Party that continues to acknowledge, honour and celebrate Liberal prime ministers, in their recent history, who were involved in the opening of residential schools.
Given the efforts of the member to try to make the issue of truth and reconciliation partisan, if he wants to talk about partisan differences when it comes to actions and steps, I am happy to educate him about partisan differences. It was a Conservative government that had the courage, vision and honour to give an apology when previous Liberal governments were unwilling to. We also set up the truth and reconciliation process. Many individuals, of course, were involved, but it was a process that began and took place under a Conservative government.
If the member is unaware of this country's history, I am happy to helpfully add to his knowledge by emphasizing the work that was done by Prime Minister Stephen Harper in that regard. Conservatives believe deeply in the importance of truth and reconciliation, and we are proud to recognize the role Prime Minister Harper played in that. I hope the member will come back during questions and comments to follow up on this point.
To get back to this legislation, this bill proposes to create another bureaucratic position, an officer position, in Parliament that would add to an existing group of oversight bodies that can look at the government's performance on these files. In our judgment, that would add additional bureaucracy when what the government needs to do is take the concrete steps that would improve the lives of indigenous people.
I want to drill into some of the actions that the government could consider that would be more concrete and meaningful. Before speaking in the House, I came from the human resources committee, where we are studying the critical issue of unemployment in this country. Youth unemployment is at 14.5%, and unemployment overall continues to climb. It is now at 7.1%. We are going to see new jobs numbers out this Friday, but we continue to see serious, worsening problems in unemployment, the continuation of a multi-year trend.
We know that unemployment challenges are particularly acute among indigenous Canadians. The Statistics Canada reports on unemployment do not include indigenous people living on reserves, but we know through various metrics that there are persistent challenges with indigenous unemployment in this country.
It is worth noting, as we think about that challenge, that indigenous people are more likely to live in rural and remote areas, proximate to the natural resource sector. While employment in the economy overall is substantially impacted by the kinds of policies that exist in the natural resource sector, employment for indigenous people is disproportionately impacted by policies that relate to natural resource development. This is precisely the testimony we heard this morning at committee: Indigenous people are represented in employment in natural resource development in much higher numbers than they are represented in employment in other sectors.
As Conservatives, we have championed, as part of a larger reconciliation agenda, the importance of economic reconciliation, that is, policies that provide indigenous people with access to employment opportunities. If we want policies that provide access to employment opportunities for indigenous people, they have to include sectors in which indigenous people are more likely to be employed, one of which is, substantially, natural resource development.
Policies from the Liberal government that have blocked at every turn the natural resource sector make it more difficult for indigenous people to find employment. Polices from the Liberal government that block natural resource development disproportionately affect indigenous people seeking employment. That is a reality. Some in the government, for ideological reasons, may say that it is worth it and is a price they are willing to pay, but I think they should acknowledge the disproportionate, negative impact of their anti-energy policies on indigenous people.
What we also heard just a few minutes ago at the human resources committee on the issue of resource development was an acknowledgement from experts that the tone and aesthetic from the Prime Minister's Office may have changed around the discussion of resources, but the substance has not changed. Although we hear words and sounds that are supposed to give the impression of more interest in resource development, the reality is that the policies have not changed. Energy companies looking to create jobs and opportunity here in Canada are asking for the necessary policy and regulatory changes that would unleash economic development and allow for the creation of additional economic opportunities for indigenous people, but the government has not only refused to make those changes but outright opposed them.
One obvious concrete example is the incredible economic opportunities that would be associated with the development of pipeline infrastructure connecting Alberta with export opportunities in northern B.C. We have seen instances of indigenous nations not only supporting but coming forward as proponents of these kinds of projects. They see the opportunities that would emerge from these kinds of developments.
However, the Liberals have persisted in their support for anti-energy Bill , which prohibits exports of energy resources from B.C.'s north coast. Let us acknowledge an obvious reality that some people would like to pretend is not there but clearly is. There are ships off B.C.'s north coast that are carrying energy products; they are just not Canadian ships. There is an abundance of traffic in that region carrying products that could be exported from Canada.
There is no legal way of keeping trade in energy from being in that part of the ocean. It is just a question of whether Canada will benefit economically from the export of our resources, whether we will allow indigenous people who want to be part of those projects to benefit and whether the government will continue to keep its head in the sand and ignore these economic realities. Some of us are hearing from time to time about ostriches. There are certainly people in this House who have their heads in the sand when it comes to these realities of energy development, and they are the ones across the aisle.
The other thing I want to underline when it comes to measures that would improve the quality of life for indigenous peoples is that the government really needs to clean up the mess it has created in the indigenous procurement program. In the last Parliament, we saw the very directly prosecuted issue of the Liberal indigenous procurement scandal.
This is the way the scandal has worked. The government put in place a target for indigenous procurement. It said that it wanted 5% of government procurement to come from indigenous businesses. There are existing organizations supporting and recognizing indigenous businesses, and there are a number of lists and entities outside of government connected with indigenous entities that are working on maintaining lists of indigenous businesses and providing supports to them. The government chose, instead of effectively engaging with external organizations on indigenous business identification, that it would create its own list of indigenous businesses, and it turned out that some businesses listed as indigenous businesses by the Liberal government were not on the indigenous business lists of any external organization.
If the Liberals say that a particular business is an indigenous business and no indigenous entity outside of government says it is an indigenous business, I would suggest there might be some red flags there. Hypothetically, if one of those businesses was owned by a minister of the Crown who was not indigenous, that would also be a red flag.
An hon. member: Name him.
Garnett Genuis: Mr. Speaker, a member is asking that I name the individual involved. There were at least two individuals involved, and it is fair to say both of them were named Randy.
The tragic and disgraceful case of the former Liberal minister from Edmonton Centre is notable, but it is also not the only case. The AFN told the government operations committee that, in its view, a majority of companies benefiting from this set-aside were actually shell companies. This explains well the virtue signalling over substance we see from the government when it comes to these issues.
On the one hand, the Liberals want to trumpet the fact that they are putting forward a target for indigenous procurement. On the other, they allowed well-connected Liberal friends who were not indigenous to pretend to be indigenous in order to access these contracts that were supposed to be set aside for indigenous people. What an utterly disgraceful mockery they have made of, I think, the good intentions of Canadians, who asked their government to try to undertake concrete policies that are going to create jobs and opportunity for indigenous peoples, moving forward with economic reconciliation.
They allow non-indigenous pretenders and shysters to benefit from contract set-asides that were supposed to be for indigenous people. At the government operations committee, we had a whistle-blower come and testify about a situation in which a clearly non-indigenous company, which basically had one indigenous employee, created this structure of a joint venture between this one individual and this larger company to try to make it look as though it was an indigenous joint venture. The indigenous person was clearly taken advantage of in this arrangement, but it allowed the non-indigenous company to access a significant number of government contracts under the guise of being part of an indigenous joint venture.
We had the whistle-blower, a former auditor, come before the government operations committee to testify about what happened in this case. Further, he testified that the government was not interested in hearing his feedback. In fact, he was gradually pushed out from being able to provide this feedback. Because of that, we were able to pass a motion at the government operations committee to further probe this particular case that this former auditor and whistle-blower was bringing to the attention of the committee. We had lined up a number of witnesses to hear from, including the company that was part of this joint venture, as well as giving an opportunity to this indigenous individual, who I think was taken advantage of in this arrangement. We had a plan to have this study, but, of course, the rest is history. The government prorogued Parliament, and then we went straight into an election. The Liberals tried to bury this issue of the Liberal indigenous procurement scandal in the ensuing months.
This is very important, and it is something we need to talk about. My understanding is that we will be hearing from the procurement ombud, as well as from the Auditor General, at some point in the next year about the Liberal indigenous procurement scandal. I certainly look forward to those reports. Unfortunately, I suspect that, as with many of the reports that have been done in the past, we will see the government ignore the results of these reports. It will be up to Canadians to look at the work done by the Auditor General and the procurement ombud and to respond to the fact that the Liberals, while sometimes talking a good game on reconciliation, have actually blocked economic development for indigenous people and allowed a situation in which non-indigenous fraudsters take advantage of these set-asides by taking contracts that were supposed to be set aside for indigenous people.
The Liberals have allowed this to happen. They have, at best, looked the other way in order to make it look as though their indigenous procurement numbers are better than they actually are. Canadians will see these reports and will be able to respond to this.
Meanwhile, the persistence of these scandals underlines just how ridiculous the government's approach is today. We have seen these scandals. They have been investigated. There have been auditors the Liberals have maligned and ignored, whistle-blowers needing to come to committee to talk about abuses of the Liberal indigenous procurement program, and now they are bringing a bill saying they are going to create one more commissioner.
How about they listen to the auditors who have already brought forward problems? How about they prepare to meditate deeply on what will no doubt be a damning report from the procurement ombud and from the Auditor General? How about they engage in a more substantive and serious way with the work of existing officers of Parliament, who are calling them out for corruption and abuse of process? How about, instead of focusing on trying to look good on these issues, the government take seriously the need for substantive policy change to catalyze economic development for indigenous peoples and for all Canadians? How about they focus on the results instead of on trying to continually send signals?
That is all Bill is. It would create an additional officer, an additional commissioner of Parliament, whom the government would no doubt ignore, instead of focusing on the real issues and the real solutions this country and indigenous people need.
:
Mr. Speaker, I will be sharing my time with the member for Pickering—Brooklin.
Kwe kwe, ulaakut and tanshi. Let me start by acknowledging that Canada's Parliament is located on the unceded territory of the Anishinabe Algonquin people, whose presence here reaches back to time immemorial.
I am pleased to speak today about the proposed commissioner for modern treaty implementation act and to highlight some of the key points contained in this legislation as well as the roles and responsibilities of the newly proposed agent of Parliament.
For 50 years, modern treaties have been fundamental to our work to advance reconciliation with indigenous peoples. They promote strong and sustainable indigenous communities and help make sure that indigenous peoples can decide what is best for their future. The Government of Canada is continuing to work on fulfilling its obligations under modern treaties and building and maintaining true nation-to-nation, government-to-government and Inuit-Crown relationships with modern treaty partners.
Though we have made important progress like developing Canada's collaborative modern treaty implementation policy, there is still much more to do. For more than 20 years, modern treaty partners have been calling for more oversight to address persistent modern treaty implementation issues and to hold the federal government accountable to Parliament for its modern treaty responsibilities. That is exactly why, in May 2024, at the intergovernmental leaders' forum, the government announced its intention to create a new agent of Parliament: the commissioner for modern treaty implementation.
After this long-overdue announcement was made, many indigenous partners and groups voiced their support. Eva Clayton, president of the Nisga'a Lisims Government and one of the co-chairs of the Land Claims Agreements Coalition, stated on CTV News that the commissioner “will give a focus on areas that the Canadian government needs to address in order to ensure that the spirit and intent of each of our agreements are fulfilled”. She added, “Because we know that once our agreements are fully implemented, it will make life better for our people, our community members, which in turn will have a positive impact on all Canadians.”
There would be many benefits to having a commissioner fulfilling this role. Most importantly, the commissioner would shine a light on areas where the Government of Canada is not successfully addressing ongoing structural modern treaty implementation issues. The commissioner's role was codeveloped with modern treaty partners to make sure there would be independent, credible, effective and sustainable oversight of modern treaty implementation. It was specifically designed to hold the federal government accountable to Parliament for implementing its modern treaty obligations and to make sure the federal government acts in ways that strengthen its relationships with its modern treaty partners.
By providing independent oversight, the commissioner would help improve the implementation of modern treaties at the federal level and improve awareness, understanding and action across the federal public service. The bottom line is that the commissioner would support Canada in being a better modern treaty partner.
As my colleagues have mentioned on the floor of the House, the commissioner would be a new agent of Parliament, similar to the Auditor General and the Privacy Commissioner. This means they would have a direct reporting relationship to Parliament. The scope of the commissioner would cover all federal activities related to implementing modern treaties. This would include the implementation of modern treaties themselves as well as any associated self-government agreement or other arrangement related to modern treaties.
It is important to note that the commissioner's mandate would only be focused on federal activities related to the implementation of these modern treaties. It would not include activities of provincial, territorial or indigenous governments. The commissioner's main job would be to look at what government departments are doing to carry out modern treaties and to give advice on whether their actions follow three key principles: first, strengthening the relationships between the Government of Canada and modern treaty partners; second, fulfilling the Government of Canada's obligations under, and achieving the objectives of, modern treaties; and third, upholding the honour of the Crown through the timely and effective implementation of modern treaties.
The core functions of the commissioner would be to perform reviews and performance audits. Reviews are a fit-for-purpose tool meant to provide the commissioner with the means to identify ongoing, systemic issues affecting modern treaty implementation. They would allow the commissioner to look deeper into these issues, identify their underlying causes and thoroughly examine how federal decisions are made and implemented. A review could focus on a specific program or activity within a single organization, or it could be more expansive and capture a systemic, cross-cutting issue across multiple federal government departments. For each review, the commissioner would work closely with modern treaty partners to determine the terms, procedures and methodology to be followed.
The commissioner would also be empowered to conduct performance audits. These performance audits would be conducted based on national, widely accepted auditing standards that are the same as those followed by the Auditor General. When a review or performance audit is completed, the final report would be submitted to the Speakers of the Senate and House of Commons for tabling. This is the most direct and effective way of holding the government accountable for its actions.
At the end of each year, the commissioner would send a report to the . This report would include what the office of the commissioner did throughout the year, as well as the findings and recommendations outlined in any reports published in that year. This would also be tabled in Parliament.
In addition to reviews and audits, the commissioner would also be authorized to provide briefings on their work to any minister or modern treaty partner as they consider appropriate, or with any committee designated or established by Parliament, at the committee’s request.
When it comes to the appointment process for the commissioner, they must hold the confidence of modern treaty partners and of Parliament. The commissioner would be appointed through a Governor in Council appointment process. This means a cabinet order. Before that order is given, however, there are a few steps that must be taken. First, modern treaty partners would be consulted. This would be an integral part of the appointment process. Then consultations would take place with the leader of every recognized party in the Senate and the House of Commons. Like the Auditor General, the appointment requires a resolution from the Senate and the House of Commons. Only after that can the commissioner be appointed.
The commissioner would be appointed for a term not exceeding seven years, with the possibility of reappointment for one additional term. They could be removed only by the Governor in Council on address of the House and the Senate. This is critical to protecting the commissioner’s independence and maintaining their ability to complete their mandate.
I would like to emphasize that this entire appointment process, along with this entire initiative, was codeveloped with modern treaty partners. Based on feedback from codevelopment sessions in the development of the oversight body proposal, we learned that partners wanted to make sure that the commissioner would have the necessary knowledge of modern treaties to fulfill their mandate.
What we have accomplished with modern treaty partners in the past proves that so much is possible when we work together. We know that the Government of Canada values its modern treaty relationships and is committed to fully and effectively implementing these agreements. As we learn from our past mistakes, we are listening and growing. Together, we are addressing challenges faced by modern treaty partners across Canada.
The commissioner’s oversight would support modern treaty implementation and, in turn, support self-determination, decision-making and economic growth for indigenous communities. Above all, the commissioner would help build trust, transparency and accountability as we work toward building a better democracy in this country.
Meegwetch. Qujannamiik. Marsee.
:
Mr. Speaker,
kwe kwe,
taanshi. Hello.
Before we proceed, let us take a moment to recognize the gratitude we have for being gathered here on the traditional, unceded and unsurrendered lands of the Algonquin Anishinabe people, whose connection to this land continues to this day.
I am thankful for the time to speak today to the proposed legislation to establish a commissioner for modern treaty implementation. I will focus on the partnership approach that was used to codevelop this initiative with modern treaty partners.
The Government of Canada acknowledges the painful legacy of colonialism in this country and understands the need to change the path going forward. One way of doing so is through modern treaties, which have been an essential part of advancing reconciliation and building nation-to-nation, Inuit-Crown, and government-to-government relationships that are based on the recognition of rights, respect, co-operation and partnership.
Modern treaties are part of the constitutional framework of Canada and represent a distinct expression of reconciliation. They are created through negotiations with indigenous groups to reflect their specific needs, priorities and circumstances, be they political, economic, legal, historical, cultural or social.
In February 2023, the Government of Canada and modern treaty partners jointly announced Canada's collaborative modern treaty implementation policy. The policy acknowledges that Canada can and must do better with respect to modern treaty implementation. The policy was an important step forward, creating greater oversight to make sure the federal government keeps its modern treaty promises and is held accountable to Parliament for its commitments.
In March 2023, the Government of Canada and modern treaty partners began an intensive codevelopment process. It was facilitated mainly through the modern treaty implementation policy working group. The group consisted of representatives from most of the 27 modern treaties, and federal officials from Crown-Indigenous Relations and Northern Affairs Canada. The groups that did not participate through this forum were engaged through their preferred methods.
Throughout the codevelopment period between March and September 2023, department officials also held over 90 engagements across the federal system with other government departments and agencies. The proposal was under federal consideration until May 2024.
At the second annual Intergovernmental Leaders Forum, the Government of Canada, modern treaty partners and self-governing indigenous governments came together to announce the intention to create an independent oversight body headed by a new commissioner of modern treaty implementation as an agent of Parliament. This new role would be a long-overdue, transformative shift in the modern treaty relationship that symbolizes a collaborative approach to governance and accountability.
The commissioner would work to hold the federal government accountable to its modern treaty obligations and objectives, as well as to the relationships they embody. Following the announcement, the Government of Canada began an extensive period of consultation and engagement on a draft legislative proposal to create the commissioner—