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Perry Bellegarde
View Perry Bellegarde Profile
Perry Bellegarde
2019-05-09 10:36
Thank you, Madam Chair.
[Witness spoke in Ukrainian]
[English]
That's little bit of Ukrainski. I know your background.
[Witness spoke in Cree]
[English]
That's “I'm happy to be here” in Cree.
[Witness spoke in Cree]
[English]
I'm thanking you all, as relatives and friends, and I'm thanking you for acknowledging the Algonquin territory here.
This morning, I also welcome the good thoughts, mind and brain of my colleague, Mary Ellen Turpel-Lafond. She is a well-known person across Canada and an expert in child welfare, amongst other things.
The final report of the Truth and Reconciliation Commission of Canada provided many concrete proposals for moving forward on the reconciliation and human rights of first nations. The TRC acknowledged in the first five calls to action that the matter before you today, child welfare, has to be addressed.
The TRC specifically identified the need for federal legislation to launch the change needed to end the crisis of over-apprehension of first nations children. The TRC also said that meeting the minimum human rights standards of the United Nations Declaration on the Rights of Indigenous Peoples is foundational to reconciliation.
This approach informed the resolutions adopted by the Assembly of First Nations, which led to our involvement in this initiative. The reason is compelling. We have many resolutions from our chiefs in assembly. Nobody can question the mandate or ask why the AFN is doing this. You don't get a hundred per cent of everything all the time. I don't think any of your parties do. I don't think Canadians do, on any issue, and neither does the AFN, but we have a mandate and we have direction as per our process. That's why we're doing this.
When rights have been violated and children's lives have been harmed, we say that, over time in these systems, the respect for the basic human rights of children, families, communities and nations is only the proper framework.
Why is Bill C-92 important? Bill C-92 must be understood within the context of the status quo today for first nations children. I know it sounds repetitive—you've heard many witnesses—but we're going to keep saying it until people get it. There are 40,000 children in care right across Canada. Some of the provinces are worse than others.
You have two systems. There are on-reserve child and family services agencies, but now there are the provincial systems as well that need to be addressed. That's what this is trying to look at.
When we say that there are 40,000 first nations children in care in Canada, we know that there are more children in care than were in the residential schools at the height of their operations. That's a very astounding stat and figure and number. It's a human rights crisis in Canada. So we say that it's a humanitarian crisis and a national human rights crisis. It's not a challenge that will be met by federal, provincial and territorial governments continuing to impose their assumed jurisdiction over our children while ignoring the inherent rights of first nations people.
The status quo has been a clear and unconscionable failure. It has huge consequences for generations of children, families and communities. Bill C-92 marks a significant shift from the legal status quo regarding first nations jurisdiction. The bill includes several provisions that affirm the inherent aboriginal and treaty rights of first nations, including self-determination and the inherent right of self-government in relation to children and families. Many first nations are ready to operate under their own laws, and they have been pushing for this for decades.
I always say this: Occupy the field. You have federal laws. You have provincial and territorial laws, but you also can have—and should have—first nations laws in different sectors. Occupy the field and assert that jurisdiction as part of that inherent right.
Splatsin First Nation and Kukpi7 Christian—he's going to be here later on today—is a case in point. Kukpi7 Christian and the tribal council are ready, as are many others across Canada. We are being held back by the lack of legislation supporting and recognizing full first nations authority and jurisdiction over child and family services.
In addition to the jurisdiction and law-making affirmations in the legislation, operational principles were added to ensure that critical problems in child welfare can be addressed immediately.
Principles such as the priority on prevention and the placement of children are designed to recalibrate the child welfare system on the first day after royal assent. Prioritizing prevention over apprehension, along with the importance of culturally relevant placements, are immediate improvements available to first nations even before first nations pass their own laws.
Bill C-92 also advances substantive legal recognition of the human rights of first nations peoples by affirming collective rights, critical rights of individual children and youth, and the rights of their families and caregivers.
Bill C-92 is a good step forward. It's a step forward for first nations, and there is a pressing urgency to complete the work and see the bill passed. It's very important work of this committee. Roll it all up. You have to get it into votes and then over to the Senate. That's another avenue to look at. June is coming and there's a sense of urgency for friends and relatives.
We say that no one piece of legislation is going to reverse all the problems, but this legislation is a step forward.
It's a step forward. No single legislative instrument will be enough on its own. Starting with a national framework while regional and first nations-level innovations continue is a good first step. There's flexibility. This legislation will complement and not detract from existing self-government agreements.
The impact of the child welfare system is felt every day in first nations communities and families. You've heard constantly—and it's true—that there is no greater gift from the Creator than our children. They deserve to grow and develop within their families, with full knowledge of their culture, languages, customs and traditions, and with the love and support of their first nations.
We require a system that affirms our identity and our family systems, where we no longer are required to push and plead for support and recognition from provincial governments: governments that have merely taken their cues from the Indian Act and consequently have imposed harsh policies on us that have failed our children.
Bill C-92 recognizes and affirms what we firmly believe that we have always had: a right to raise and take care of our children according to our own practices and values and to transmit our languages and cultures across the generations and into the future.
Clause 18 of the bill is critical for us. There must be a rights-based approach that affirms our inherent rights, including self-government for child and family services. It's time that Canada shifted the system to do what should have been done years ago.
Bill C-92 is an important step forward because it affirms our jurisdiction and creates space for first nations laws and practices regarding our families. It is rights-respecting legislation within the context of implementing the UN declaration, which is the minimum standard for the survival and dignity of indigenous peoples. It sets out key principles that will prevent children from being removed from their homes unnecessarily, promotes children staying in their communities and ensures that the principle of the best interests of the child is understood and applied with a first nations lens for our children and families.
We know that Bill C-92 is not perfect.
I made my little line here: Perfection in any bill or law can be seen and viewed as an enemy of good. Begin and build perfection over time, because there are reviews, but at least start. Start. Get it passed.
This can be strengthened and we have recommendations to strengthen it. There are four areas.
Number one is funding, a very important piece. Funding should be clarified through three amendments: (a) the language on funding in the preamble needs to be more precise to affirm that Canada acknowledges the call for funding and accepts the call for funding; (b) a funding provision in the body of the bill is needed; and, (c) clause 20 of the bill on coordination agreements needs to be more precise about the fiscal arrangement needed to support first nations governments and coordinate services across systems on the reserve and off the reserve. There has to be coordination.
That's one piece on the funding.
Number two, the UN declaration reference in the preamble is important but must also be included in the purpose section, clause 8, to include advancing the UN declaration as a key purpose of the legislation. This provision must be done in the same manner as was done in Bill C-91, the indigenous languages bill. The UN declaration is a framework and has many important provisions for children and families, like clause 8, on preventing forced removal of children from one culture to another.
Number three, the best interests of the child sections should be amended to clarify that first nations governing bodies that pass laws prescribing the factors for determining the best interests of the children will add to the factors in the bill, creating recognition and support for our ways of caring for our children and families. This is important, because for some of our people we do not remove a child. We remove the person harming the child and keep the family intact. We believe that this is in the best interests of the child. Our laws must be affirmed and our practices supported to preserve family unity.
The fourth one, Jordan's principle, should be given explicit reference in relation to substantive equality for children to ensure that this useful legal tool is confirmed in Bill C-92, building upon the resolutions of Parliament that have adopted Jordan's principle. This can be added to the preamble and to all sections referencing “substantive equality”, including subclause 9(3).
I say all of this foremost in the interests of first nations children and families.
Madam Chair, these are the formal amendments that I have just read. I want to formally table these amendments to the committee. It will help in your report writing. They're all here.
That's it.
View Kevin Waugh Profile
CPC (SK)
Okay, no pressure.
Thank you, Minister and officials.
TRC completed that seven-year mandate with roughly $60 million, and I think we all agree it was very complicated. They did some fine work over seven years with $60 million.
However, on the missing and murdered indigenous women and girls, wow, Minister, your pockets are empty. Three months ago, you added $38 million more.
It has been a disaster. I have talked to one of the people from Saskatoon who was on the committee. They couldn't wait to get off the committee.
Now we're up to, I guess, $92 million and counting. This can't be good. Who wears this?
View Carolyn Bennett Profile
Lib. (ON)
It is important that the families were heard. It's important that there is a way of putting in place the concrete steps to end this terrible tragedy. It's what the families have been asking for, for over a decade. The TRC was not a national public inquiry. It wasn't under the Inquiries Act, and it didn't have those kinds of constraints that you see in a national public inquiry. We had to have orders in council in all the provinces and territories. We were able to make sure that, again, like the TRC, there was support and services for families. There needed to be aftercare. We learned a lot about the need for aftercare, and certainly the families have made that very clear to us.
This is a very important exercise that will help to bring, as we've heard all of this time, justice to the families, support for the families and concrete measures to make sure it doesn't happen again. As we go forward, I think we responded in a meaningful way to the interim report around the commemoration fund and the healing, as well as the RCMP's ability to deal with major cases and best practices.
From the TRC, plus everything we heard at the pre-inquiry gatherings, even the changes and the needs for reform on child and family services.... Almost every family at those gatherings had an attachment to the child and family welfare system, whether they were the victims or whether they were the perpetrators. The incidence of child abuse, sexism and racism in policing and child and family services—all of these are things that we have always said we weren't going to wait until the end of the commission to get done, but we did need families to know that they would be heard.
View Kevin Waugh Profile
CPC (SK)
Were you shocked at how much more money they needed? You know, when this first started, it seemed they were driving backwards instead of looking forward. There didn't seem to be a coherent.... Well, they just didn't seem to be together at first. There were more people leaving the commission than staying on.
Have we learned anything by it?
View Carolyn Bennett Profile
Lib. (ON)
I think what we've learned is that it's really hard work. This is really tough stuff to hear. It is that people need a time out and need to be able to heal themselves. We are just so grateful to the families that have helped, the grandmothers council, the commissioners. This is hard work, and I know it will be worth it.
View Pablo Rodriguez Profile
Lib. (QC)
Thank you very much, Mr. Breton. I think I have your three questions straight in my mind.
You are right that this bill is close to my heart. Here is why. Today, I am speaking French and English, but neither of them is my mother tongue. My first language is Spanish. I learned French and English at the age of eight. I can only imagine the pain, the grief, I would have felt if I had been told that I could not keep my mother tongue and I had to choose another one. That would have been horrible. But that was the experience of so many children in indigenous communities all over Canada. So many children were snatched from their homes and told that they no longer had the right to speak their own language. The intent was to snatch from them their language, their culture and their identity.
I always say that our language is our identity. It is our past, our present and our future. We want to tell our stories to our children in our own language. That is what makes it essential and why we have to act now. We should have acted long ago, but we are acting now by introducing this bill.
The bill moves us forward in terms of the United Nations Declaration on the Rights of Indigenous Peoples.
The bill responds to Calls to Action 13, 14 and 15, that deal with the country's legislation and obligations in respect of indigenous languages.
The bill requires the government to provide stable, sustainable and adequate funding in order to preserve, maintain and revitalize indigenous languages everywhere in the country. We have put that in writing.
The bill is unique in that it is extremely flexible. It will allow indigenous peoples, different nations and groups in all regions and all provinces to determine what is essential for themselves. No two indigenous languages are in exactly the same situation. As I mentioned earlier, in certain places, only a handful of people who speak a language are left. In others, the languages are more vibrant, although the people who speak them may have many challenges to meet.
Who are we in the government to tell indigenous peoples what is good for them and what they must do to revitalize or protect their languages? It is not for me or for the government to tell them; it is up to the indigenous peoples.
The bill provides enough flexibility for the different indigenous groups, wherever they are and whichever language they speak, to meet their own needs in their own way.
Jeff Morrison
View Jeff Morrison Profile
Jeff Morrison
2018-10-22 16:46
In the midst of all this, we should of course point out that in November 2017 the federal government unveiled the 10-year, $40-billion national housing strategy that includes a suite of policies and programs designed to support the existing social and affordable housing stock and increase the supply of affordable housing, including some specific measures for women and children.
Now, while these measures of course are a welcome step forward in reinvesting in Canada's social and affordable housing sector, there do remain several concerns, including the ability of the affordable housing sector to adequately increase necessary supply; the lack of an urban, rural and northern indigenous housing strategy; and the lack of measures to address the social supports that are still required, particularly for women and children, for social housing.
What do we recommend?
First, given the circumstances facing indigenous women as described by my colleague, we have called for the development and funding of an urban indigenous housing strategy. When the NHS was introduced in November 2017, it did commit to developing three distinctions-based indigenous housing strategies for the first nations, Métis and Inuit, and of course these are welcome. Although these strategies are welcome, they do not address the housing needs of the 87% of indigenous peoples, including women, living in urban, rural and northern settings.
The 2015 Truth and Reconciliation Commission report outlines calls to action and recommendations to address the harms perpetuated against indigenous people, particularly women. An urban, rural and northern indigenous housing strategy would build on the recommendations contained in the TRC report and assist in the overall reconciliation process.
Second, the national housing strategy should be expanded to establish new ways to increase the supply of safe and affordable housing. Several policy tools can be used for that purpose.
We presented various options—
Todd Russell
View Todd Russell Profile
Todd Russell
2018-05-01 15:46
Thank you, Madam Chair. Good afternoon to you, to your vice-chairs, and to all honourable members at this table.
A special welcome goes to Ms. Yvonne Jones, with whom I'm very familiar as my member of Parliament, and who is also a distant relative. We know each other, being indigenous in this country. We know who each other's families are, their histories, their loves, their wants, their needs. It's a peculiarity about indigenous peoples that is sometimes missed that our nations are very close. It's an important fact when we talk about the issues that are important to us.
My name is Todd Russell, and I am a proud lnuk. I am here today on behalf of the NunatuKavut Community Council and I represent the southern Inuit.
Let's begin by acknowledging that we are on the unceded traditional territory of the Algonquin people. I hear this a lot. For some these may be mere words, but it is a profound fact, and that fact comes with meaning. Some of that meaning is embedded in Bill C-262.
It is important to understand not only this fact but who it is you're speaking with. When I speak, I speak on behalf of the southern Inuit, and I look at Bill C-262 through our lens. NunatuKavut means "Our ancient land." It is the territory of the southern Inuit who reside primarily in southern and central Labrador. Our people have lived in their traditional territories since long before Europeans set foot on our soil. As it was in times of old, and despite centuries of colonialization, we remain deeply connected to the land, sea, and ice that make up NunatuKavut, our home.
While we have never surrendered our rights or title to our land, the Government of Canada has never fully respected our rights and has not lived up to its constitutional obligations to recognize and protect who we are and the lands we occupy. Our concerns have often been ignored when it comes to resource development in our territory, and after decades of work we are still waiting for Canada to finally accept our claim for negotiation.
Bill C-262 provides us an opportunity to move past this colonial relationship and to enshrine our rights to our lands and to have them recognized and protected.
Let's look at the intent of Bill C-262.
I want to thank Mr. Romeo Saganash, MP for Abitibi—Baie-James—Nunavik—Eeyou, for introducing this bill. Its intent is to ensure that all federal laws are consistent with principles in the United Nations Declaration on the Rights of Indigenous Peoples, as described in clause 4 of the bill.
What does this actually mean? In December 2017, Mr. Saganash provided some clarity around the intention of the bill when he recommended that it be referred to this committee. He said:
Bill C-262 would also allow us to begin to redress the past wrongs, the past injustices that were inflicted on indigenous people. This is the main objective of Bill C-262, to recognize that on one hand they are human rights but on the other hand that we begin to redress the past injustices that were inflicted on the first peoples of this country.
One of the things that we can do in the name of reconciliation is to adopt this framework that I am proposing through Bill C-262. I do not need to remind members that the world is watching.
While we are supportive of the bill and the intentions behind it, there is still much uncertainty as to what this legislation will actually do and how implementing it will affect the Inuit I represent. We also have concerns about whether the bill goes far enough for the recognition, protection, and implementation of the rights of indigenous peoples. We are, however, encouraged by the Government of Canada's support for the bill.
We note the following words from Ms. Yvonne Jones, parliamentary secretary to the minister of INAC, in support of the bill during second reading. Ms. Jones said:
Bill C-262 proposes a process of dialogue and the development of an action plan aimed at ensuring consistency between federal law and the declaration. Such an approach would be consistent with other ongoing processes, including the review of laws, policies, operational practices, and the permanent bilateral mechanisms that are in place.
Clearly the government's intention is to facilitate that dialogue, that process, and an action plan aimed at ensuring that Canadian laws are consistent with the United Nations declaration, and indeed that Canadian laws are aligned with Canada's commitments under the declaration.
In this regard there is much to be done, and it cannot be done in isolation. Comprehensive legislation and policy changes affecting indigenous peoples must be done in partnership with indigenous nations across Canada. The Inuit of NunatuKavut must be part of that process in a nation-to-nation relationship with the federal government.
This bill must also be viewed through the lens of the Truth and Reconciliation Commission's calls to action, which speak directly to this declaration. In fact, this bill is a direct response to call to action number 43. The federal government has clearly indicated its commitment to implementing these calls to action, and implementation of the declaration is a critical part of this work.
The TRC specifically addresses reconciliation as relationship. As the first of its 10 principles states, “The United Nations Declaration on the Rights of Indigenous Peoples is the framework for reconciliation at all levels and across all sectors of Canadian society.”
I also believe that this bill will only be effective when there is a clear plan around its implementation. To paraphrase Grand Chief Willie Littlechild—one of the architects of the declaration and the TRC report—there must be a clear vision and a clear path and plan for how it will be achieved.
What will Bill C-262 do? It is important to note that Bill C-262 is not creating any new rights for indigenous peoples. The rights of indigenous peoples as outlined in UNDRIP already exist in Canadian law; they are our inherent rights and are already recognized and affirmed in section 35 of the Constitution.
What Bill C-262 will do is create a positive obligation to ensure that existing and new legislation is consistent with our indigenous rights and clarify the circumstances in which those rights must be honoured in government decision-making. In other words, the bill will require the federal government, and indeed the provinces, to meet the promise of section 35 of our Constitution.
The ability of indigenous groups to oppose legislation or projects that adversely affect their rights operates on a spectrum. Indigenous peoples and the Inuit whom I represent specifically can and must have the ability to exercise self-governance and to make decisions affecting their lands.
This has already been recognized by the Supreme Court of Canada. In the Tsilhqot'in decision the court granted aboriginal title to more than 1,700 square kilometres of territory. However, the court also stated that the indigenous groups' interests must be reconciled with the greater public interest. Bill C-262 will not necessarily change this principle, but it strengthens it.
Free, prior, and informed consent, as contained in articles 19 and 32 of UNDRIP, is about self-governance. It is not in our view, as some would argue, about whether indigenous peoples have a veto. Members should ask themselves why certain people, in speaking about FPIC, use such pejorative words to describe indigenous decision-making and self-governance. Rather, these articles reaffirm the requirement for Canada to adhere to its already-existing obligations to consult, cooperate with, and accommodate indigenous peoples, and to do so with a view to obtaining our consent to activities that affect our lands and resources or to legislation that affects us.
In addition to clarifying when the requirement to seek consent applies, UNDRIP clarifies the nature of that consent: that it is to be obtained without coercion, that it be given prior to project decisions being made, and that it be based on the best available information.
What constitutes free, prior, and informed consent may vary depending on the circumstances and will be the subject of ongoing nation-to-nation negotiations and dialogue. Recent history demonstrates how the failure to implement and update laws to conform with UNDRIP can have quite negative impacts. The Muskrat Falls project, located in our territory, provides a prime example.
The passing of Bill C-262 cannot result in government simply continuing to follow existing policies and procedures with respect to the recognition of rights.
I just need one more minute to finish.
The federal government has recognized that its comprehensive claims policy does not adequately address the needs and realities of all indigenous groups. While I am optimistic about the newly announced recognition and implementation of rights framework, we will be watching closely to see how it will be put into action.
One concrete and meaningful step has been our engagement with the federal government on the acceptance of our claim for negotiation. As a further demonstration of the government's commitment to the principles of UNDRIP, we anticipate that this work to accept and negotiate our land claim will continue in a manner that facilitates the unique needs and positions of our people.
Michael Fox
View Michael Fox Profile
Michael Fox
2018-04-24 15:32
Meegwetch.Wachay.
Good afternoon, Chair and committee members.
I'd like to acknowledge that we are on the territory of the Algonquin Nation.
My name is Michael Fox. I'm from the Mushkegowuk Territory, from a community called Weenusk First Nation on Hudson Bay coast. I'm also an elected board member of the Prospectors and Developers Association of Canada, PDAC.
I'm joined by my colleague Lesley Williams, the director of policy and programs of the PDAC.
The PDAC is a national voice of Canada's mineral exploration and development industry, representing over 7,500 members. We work to sustain a vibrant and responsible mineral industry and ensure that Canada is the top destination for mineral investment so we can continue to make new discoveries that will become tomorrow's mines and generate significant economic opportunities for Canadians.
Thank you for the opportunity for me to be here today to provide input on behalf of the mineral industry in relation to aspects of Bill C-262. Our comments will focus mainly on the evolution of the partnerships between the mineral industry and indigenous people in Canada. I particularly want to share the ways in which the on-the-ground activities of our sector demonstrate our leadership in indigenous engagement, which in our view are consistent with the spirit and principles of UNDRIP.
The mineral industry strongly supports the government's commitment to a renewed relationship with indigenous peoples. However, discussion of the process around UNDRIP proposed by Bill C-262 cannot be separated from the broader questions, such as what mechanisms would be used to achieve UNDRIP implementation in Canada and what it would look like in practice. While we do not have amendments to propose to the bill, we hope that sharing the story of our industry will provide a practical example of the indigenous community partnerships that exist in practice and in parallel to frameworks such as UNDRIP.
The value of Canada's mineral industry cannot be overstated. The mineral exploration and mining industry makes vast contributions to our country from remote indigenous communities to rural areas to large cities. It generates significant economic and social benefits for Canadians.
The relationship between indigenous communities and businesses in the mineral industry in Canada is a shared success story to be proud of. Our industry has made many advancements in all areas, in health and safety, the environment, and community participation, but we are especially proud of our leadership working with indigenous partners on engagement and participation. For all parties involved this has not necessarily been an easy journey. It remains a work in progress.
In recent decades the relationship has gone through a significant transformation, particularly as the landscape has evolved. Some might argue that the legal framework in Canada was the sole catalyst for creating an environment for companies to engage with indigenous communities. However regulations do not create relationships. I'll say that again. Regulations do not create relationships.
Companies are, of course, responsible for abiding by what is legally required, but it is increasingly understood and accepted industry practice that regulatory requirements are the minimum standards for operation. While they are necessary, they do not exactly translate into the development of meaningful partnerships. Mineral industry leaders realize that building partnerships with communities is critical to the success of their project, not because it's the right thing to do or because the law requires something, but because good partners lead to successful projects that benefit everyone.
The evolution we have seen in the mineral industry is unparalleled. More so than any other Canadian industrial sector the mineral sector has a proven track record of effectively working toward maintaining a positive and respectful relationship with indigenous communities. More importantly the result has been positive mutual benefits.
Proportionally the mineral industry is the largest private sector employer of indigenous people in Canada. We have seen over the last couple of decades markedly increased community participation in projects on a number of different levels, from project design, environmental assessment, employment, etc. We have witnessed increased industry awareness about indigenous people in Canada, specifically the history and unique cultures of local communities.
Mineral exploration and mining companies are also embracing indigenous traditional knowledge and are incorporating it while they seek input on their projects. In addition to the benefits of direct involvement in the exploration and mining companies, there has also been a proliferation of indigenous businesses that provide an expanding number of services to the sector, such as drilling, heavy equipment, camp catering, to name a few. Economic opportunities generated by mineral development have contributed improvements to the socioeconomic conditions of a number of communities, including investments in training initiatives and community development.
A key mechanism through which relationships and economic opportunities have been formalized in Canada is through community-company agreements. These voluntary agreements are increasingly recognized internationally as a leading practice. A significant number of agreements have been signed between companies and indigenous communities, with over 500 agreements signed since 1974, the majority within the last decade.
These agreements include various commitments, such as training and skills development, employment targets, contracting, joint venture provisions, community investments and development, environmental monitoring, and financial considerations. These agreements are a testament to the strength of commitment by the industry in developing mutually beneficial partnerships and to the interests of many indigenous communities and the economic development opportunities generated by the minerals sector.
Overall, a long-lasting, trusting partnership has been developed between the minerals industry and indigenous communities all across Canada, from early exploration to mine developments enclosure. These are positive, mutually beneficial relationships. You need to look no further than the Éléonore project in Quebec, Ekati in the Northwest Territories, or New Afton in British Columbia.
Despite the significant positive outcomes of company-community partnerships, the narrative that is, unfortunately, most prevalent is that there is widespread discord, which generates the perception that the nature of company-community interactions is adversarial. As I have demonstrated, this is not typically the case.
Relationships are complex, comprehensive, and constantly evolving. Naturally, challenges will arise, but these are not insurmountable. That said, there are larger public policy issues that have an impact on industry-community relations.
Numerous unresolved issues exist across Canada related to jurisdiction and land claims. While matters of jurisdiction are strictly negotiated between the crown and indigenous people, these challenges can generate a sense of uncertainty. Often industry can be caught in the middle of jurisdictional issues that are not within its control.
Ongoing socio-economic conditions for many indigenous communities remain dire and we can all agree require immediate action. Foundational investments that contribute to the improved quality of life for communities are needed. Challenges related to health, education, housing, etc., can impact the ability of indigenous people to participate in mineral projects and to fully realize opportunities generated by the industry. Furthermore, ambiguity and complexity related to the crown's duty-to-consult processes has resulted in delayed projects, increased costs, investor uncertainty, and negative impacts on company-community relationships.
PDAC's cross-country research identified some key, overarching challenges with the way in which federal, provincial, and territorial governments implemented the duty to consult. Some of these include the trigger for consultation in its scope; the process for identifying impacted communities; roles and responsibilities, including delegation to proponents; the crown's role in consultation costs; the timeline for the process; and defining accommodation.
Government has committed to renewed relationship with indigenous people. This has encompassed a commitment to implement the calls to action of the Truth and Reconciliation Commission, a review of laws and policies, and the creation of a recognition and implementation of the rights framework. These actions are a positive step towards addressing some of the policy challenges I have raised.
These are not small tasks. There is a lot of work to be done. We applaud these efforts by the government in taking interest in how crown and indigenous relations will evolve. Meanwhile, the minerals industry will continue to be a leader. It will put into practice principles of engagement, and will reflect respect for indigenous rights, relationship building, and partnership development on the ground at exploration mining sites across Canada.
A strong, global, comparative Canadian exploration mining sector will be well positioned to deliver local, regional, and national benefits. As I have outlined here, it is the cornerstone of this strong, trusting relationship between companies and indigenous communities that results in mutual benefits.
Thank you. Meegwetch.
Jennifer Preston
View Jennifer Preston Profile
Jennifer Preston
2018-04-24 16:36
Good afternoon. I am the daughter of Sarah Jane and Richard Preston and the mother of Sarah Jane Howe. I was born in the territory of the Leni Lenape, and I spent significant time in my childhood in Cree territory. I now live in traditional Anishinabek and Haudenosaunee territory.
Canadian Friends Service Committee, CFSC, is the justice and peace organization of the Religious Society of Friends, Quakers. As a faith body, Quakers have been working for peace and justice for centuries. Quaker service organizations were awarded the Nobel Peace Prize after the Second World War for our commitment to justice and peace. Quakers are what is called a “historic peace church”. Our peace testimony is at the root of our faith. Peace and justice are interlinked. We cannot be at peace where there is injustice.
I am not indigenous, and I do not represent an indigenous constituency. However, when human rights are violated, we all need to be concerned. When indigenous peoples' human rights are affirmed and promoted, we are all winning. In our view, the UN declaration is a good news story. Bill C-262 is vitally important to non-indigenous people in Canada.
For the past two decades, my professional work has focused deeply on the UN Declaration on the Rights of Indigenous Peoples, first, in the international processes where it was developed and adopted, and then, for the past decade, on implementation. As someone with a long history of experience and expertise with the declaration, I have published extensively on the subject, including co-editing a book entitled, The UN Declaration on the Rights of Indigenous Peoples : Triumph, Hope, and Action. I am often invited to present on the declaration to diverse audiences and am delighted to be here today.
CFSC fully supports Bill C-262, and we urge all members of Parliament to adopt it in a non-partisan manner. I gave much thought about what I should share this afternoon. You have heard already from many witnesses, and I don't wish to duplicate the efforts of others. At the same time, there are some elements surrounding Bill C-262 that are worth repeating. Indigenous peoples went to the UN to negotiate the declaration because they did not have justice in a domestic context. This is the most discussed human rights instrument in the history of the UN, and Canada played a significant role. Indigenous peoples did this work to ensure that changes would occur on the ground.
In the decade since the UN General Assembly's adoption, there have been pockets of interesting work on implementation accomplished mainly by indigenous peoples themselves, but it is overwhelmingly evident to those of us who work intimately with the declaration that we need the national legislative framework that Bill C-262 provides.
For many faith bodies, including Quakers, the work of the Truth and Reconciliation Commission was critically important, and it created a watershed moment in this country. As you know, the Indian residential school system was part of the destructive forces of the colonization of Canada. The exemplary work of the TRC informs us of both the journey and the legacy of colonization.
What did we learn? The truth. We learned about the sexual, physical, and spiritual abuse. We learned about the widespread dispossession of land. We learned about the attempted destruction of traditional governance and legal structures; religious conversion; and attempts at forced assimilation, including the prohibition of languages, traditional culture, and spiritual practices. We learned about the racist and sexist Indian Act, much of which is still in effect. We learned about the secondary consequences associated with loss of culture, language, and identity, including intergenerational trauma. The TRC and the former chief justice of the Supreme Court of Canada, Beverley McLachlin, concluded that this constituted cultural genocide.
What does the TRC suggest to move forward now? What is reconciliation? I'm going to read a quote from a report released by the TRC entitled “What We Have Learned: Principles of Truth and Reconciliation”:
...“reconciliation” is about establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country. For that to happen, there has to be awareness of the past, acknowledgement of the harm...atonement for the causes, and action to change behaviour.
I very much concur with call to action 43 that the United Nations Declaration on the Rights of Indigenous Peoples is the framework for reconciliation. It can also be described as the blueprint. Former UN secretary-general Ban Ki-moon called the declaration the “road map” for reconciliation. The TRC very skilfully wove the UN declaration through their work. Sixteen calls to action refer specifically to the declaration. Any attempts to undermine the UN declaration are also striking at reconciliation.
This brings me to Bill C-262. This bill creates a legislative framework to ensure that we do indeed implement the UN declaration, not just talk about it.
The TRC concluded that a refusal “to respect the rights and remedies in the declaration will serve to further aggravate the legacy of residential schools, and will constitute a barrier to progress towards reconciliation”.
Bill C-262 offers Canada a crucial opportunity to move from a colonial framework that dispossessed indigenous peoples to become a nation-state that acknowledges the harm, atones for the causes, and commits to change.
Bill C-262 provides the federal government with the framework to create a paradigm shift that we so urgently need to move away from colonization.
This week, perhaps later today, the national leaders of many churches in Canada, including those that ran residential schools, are writing to leaders of all political parties to urge non-partisan support for Bill C-262. Many faith bodies have been actively championing the declaration and Bill C-262. Why? As people of faith we are committed to peace and justice. We recognize the injustice we have been a part of, and we are committed to change. We are committed to the deconstruction of power structures that have and continue to oppress indigenous peoples.
Change can be difficult or even scary. Of course, I am aware of the fear that has been generated around both the declaration and this bill. My analysis is that this fear is rooted into hanging onto colonial constructs of power and perpetuating domination and exploitation.
Last spring when I was on a speaking tour in northern British Columbia on both the declaration and on FPIC, I gave an interview to CBC North. The interview included questions around the fear, and finally I said, “No, Chicken Little, the sky is not falling.” Clearly I was being glib, but the point is we have to let go of these unfounded fears. We need to embrace implementing the declaration through Bill C-262 as something we can all be proud of as we move forward into a new reality that's based on a contemporary human rights framework and not on colonialism.
Members of this committee have questioned other witnesses about FPIC, and I'm not going to go into detail on that. I am aware that Paul Joffe will be covering that later this afternoon. However, I wish to reiterate that FPIC was not created in the declaration; it is well established in international law, and Canada already has an affirmative legal obligation to respect FPIC.
I do have a possible addition to the preamble to further entrench the importance of reconciliation. The text could be something as follows:
Whereas, as concluded by Canada's Truth and Reconciliation Commission, the declaration provides the necessary principles, norms, and standards for reconciliation to flourish in a 21st century Canada.
Senator Murray Sinclair informed us that truth was hard and reconciliation would be harder. At the closing events of the TRC, he also instructed all of us, “We have described for you a mountain. We have shown you a path to the top. We call upon you to do the climbing.”
Over the past two decades occasionally people asked me why Quakers are so committed to this work. The answer is simple. There is no peace without justice.
View Dan Vandal Profile
Lib. (MB)
Thank you very much to both of you for your thoughtful presentations.
I want to begin with Thomas Isaac. The Truth and Reconciliation Commission's calls to action 43 and 44 recommend a full implementation of UNDRIP, as well as a national action plan, strategies to accompany the plan, and other measures to achieve the goals of the UN declaration. Do you agree or disagree with these recommendations?
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