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Results: 1 - 15 of 75
View Garnett Genuis Profile
CPC (AB)
Madam Speaker, I thank my colleague for his speech.
At the heart of what happened with the residential schools was the principle of colonialism: An external power tried to control indigenous communities and deny families, communities and individuals the autonomy that they should have had. In contrast to that, many people in the House try to stand up for the principle of subsidiarity: that families, individual communities and cultural groups should have a measure of autonomy and control over their own affairs. However, many colonial structures, which are perhaps more well-intentioned today, still exist in terms of federal control over what happens in indigenous communities.
Could the member share a bit more about how we can put this principle of subsidiarity, of autonomy of local control, into practice for these communities to a greater extent?
View Simon-Pierre Savard-Tremblay Profile
BQ (QC)
Madam Speaker, I thank my colleague for his question.
Of course, the will of indigenous peoples must be taken into account when determining exactly what that autonomy should look like. We cannot assume that we know what is best for their well-being. We must engage in dialogue and support first nations for a new kind of sharing. I am sure we can find a way to move forward that is eminently better than the current structure.
My colleague touched on the act in question, and I do think the problem lies with that notorious legislation, which can only be described as racist. It is an unacceptable piece of legislation that needs to be completely overhauled.
View Pam Damoff Profile
Lib. (ON)
Madam Chair, I will be sharing my time with the member for Yukon.
I would like to acknowledge that I am speaking from the traditional territory of the Mississaugas of the Credit First Nation from my home in Oakville.
My thoughts are with all indigenous families as they mourn. Like all Canadians, I am devastated by the horrifying news from British Columbia, where the remains of 215 children buried at the site of the Kamloops Indian Residential School were discovered. This is not news to indigenous peoples in Canada. My friend, the member for Northwest Territories, shared with me that there is a mission graveyard in his small community. Half of those buried there are children from the local residential school.
Many years ago, the Catholic Church removed the crosses, dug up the priests, nuns and brothers and moved them to a new graveyard. Then it plowed over the old cemetery and grew potatoes there. In the early 1900s, the community, working with elders, hired specialists to locate the bodies of the children buried there, reclaimed their names, remembered their ages and erected a monument. I am ashamed to say that I did not know this story, and I suspect that most Canadians do not know these stories.
Families deserve closure. Our government is committed to supporting survivors, the families as well as communities, to locate and memorialize children who were killed because they were forced to attend residential schools.
We invite indigenous communities to seek federal support, which is available, to conduct radar scans on other residential school sites to confirm if lost children are buried there.
The history of residential schools was not taught when I was a student. When I was first elected, I held a public screening of the documentary We Were Children. A former MP attended and said he wished he had known this history when he served in Parliament in the 1980s.
Duncan Campbell Scott, deputy superintendent of Indian Affairs in 1910, said of residential schools, “It is readily acknowledged that Indian children...die at a much higher rate than in their villages. But this alone does not justify a change in the policy of this Department, which is being geared towards the final solution of our Indian Problem.”
This month during #IndigenousReads, I am encouraging my community to read 21 Things You May Not Know About the Indian Act by Bob Joseph. It is important to confront our past to learn what is true in order to move forward on the path of reconciliation.
Near my home, the Mohawk Institute Indian Residential School operated in Brantford from 1828 to 1970. It served as a school for first nations children from Six Nations, as well as other communities throughout Ontario and Quebec. Just today, Six Nations of the Grand River has asked the federal government to help it search its grounds.
The Save the Evidence project from the Woodland Cultural Centre is working to restore the former Mohawk Institute Indian Residential School into a historical site and educational resource. Projects like this that are indigenous-led are vital for educating the public about our past and for understanding the realities of indigenous peoples in Canada.
The Truth and Reconciliation Commission made 94 calls to action. If Canadians have not already read them, they should do so. Calls 71 to 76 deal with the missing children and burial information.
One of the honorary witnesses to the Truth and Reconciliation Commission is a friend of mine who survived the genocide against the Tutsi in Rwanda. We have talked about what Canada can do as we implement the recommendations of the TRC. Call to action 81 calls for a residential schools national monument in Ottawa to honour survivors and all children who were lost to their families and communities.
Now is the time to take action on this. Our government has worked to build a more equitable relationship with indigenous peoples based on partnership and honesty. We have introduced legislation to establish a national day for truth and reconciliation, to amend the oath of citizenship and to implement the United Nations Declaration on the Rights of Indigenous Peoples.
We are working with indigenous leadership and communities to implement legislation that affirms and recognizes indigenous peoples' jurisdiction over child and family services to reduce the number of indigenous children in care. We are committed to continuing to take action to redress the legacy of residential schools and advance reconciliation across Canada.
I pray for the stolen little souls and I mourn their loss.
View Michael McLeod Profile
Lib. (NT)
View Michael McLeod Profile
2021-06-01 21:59 [p.7809]
Mr. Speaker, I am splitting my time with the member for Saanich—Gulf Islands. I appreciate the time I have to speak tonight, and I am glad another prolonged Standing Committee on Finance meeting ended in time for me to do so.
I ran for the member of Parliament position to help my constituents. Unapologetically, and with everything I do here, my goal is to try to improve their lives and those of their children. Those are my marching orders.
Indigenous constituents make up 50% of the population in the Northwest Territories, and the Northwest Territories has the highest per capita number of residential school survivors, and “survivor” is the accurate term. Those who came home from many of these schools are literally survivors, as has been so shockingly illustrated this past week by the discovery of all those children, those babies in Kamloops.
I am not surprised many Canadians are shocked. However, I am not shocked and neither are many indigenous families. In my hometown of Fort Providence, I can visit a small fenced-in area on the edge of the community that has a monument with the names of 161 children who died at the Sacred Heart Mission school.
In the 1920s, the mission decided to dig up all the priests, nuns and brothers who were buried there and move them to a new gravesite. Then they plowed the graveyard over, over all the bodies that were buried there, over my relatives and the children who were buried there. If our elders had not carried the information forward and convinced our leadership in the 1990s to do some research and find this grave, this would have been all forgotten.
The devastation of these so-called schools has lived through generations. Unfortunately, this devastation has survived as well. In the Northwest Territories, we top many of Canada's lists: addiction rates, suicide rates, crime rates and housing needs. My efforts here in this House have often targeted getting more housing, increasing indigenous policing and accessing more mental health funding.
I have also been advocating for more attention and resources to conclude land claims and self-government. As well as decreasing this constant and large socioeconomic gap between indigenous people and other Canadians, which needs to be a priority, there also needs to be certainty over land rights and empowerment of indigenous people through self-government.
I can see how the government has supported Canada's effort and attention, and the billions of dollars in additional funding to indigenous governments, indigenous organizations and programs that have been created over the five years. Should there be more? I think so. Should it be faster? I think so.
While we are all mourning the children from Kamloops, let us not make it an empty exercise. Let us move faster in fulfilling the important work of the Truth and Reconciliation Commission. Let us focus on reducing and eliminating systemic racism that exists, and that we see in policing and health care, for example.
To the members of the loyal opposition, while posting thoughts on the recent tragedy before us along with pictures of teddy bears, let us not continue to vote against legislation like UNDRIP. Let us work together to support indigenous people in Canada. Let us not continue to make comments on residential schools that are both inaccurate and insensitive.
Let us work together and not obstruct our attempts to heal and to help and to empower indigenous people, who are still surviving this generational harm that goes by the name of residential schools. Please, let us all focus on helping our constituents.
View Yves Perron Profile
BQ (QC)
View Yves Perron Profile
2021-05-28 13:32 [p.7578]
Madam Speaker, I sincerely thank the member for Vancouver East for her heartfelt speech in which she really emphasized the need for action.
Everyone's thoughts are with the families of the 215 children today, as well as all the other victims, whose names are often unknown.
Aside from this day becoming symbolic and being an annual reminder, I wonder if the member could identify possible solutions for moving forward in a way that is not paternalistic.
I say this because sometimes, even in the House, people with good intentions talk about the need for economic development and so on.
The solution, however, is not to impose our way of doing things on others, but to give people the autonomy to develop in their own way and make their own decisions, whether in education or other areas, so that we can achieve a true partnership. I would like to hear my colleague's thoughts on that.
View Jenny Kwan Profile
NDP (BC)
View Jenny Kwan Profile
2021-05-28 13:34 [p.7578]
Madam Speaker, absolutely, we must honour indigenous peoples and recognize their right to self-govern, and that in fact they did exactly that before settlers came to this land.
When we talk about action that needs to be taken by the government, and when we talk about resources, for example, we need to honour indigenous peoples and their rights, and recognize their inherent rights. Informed prior consent must also be at the heart of all of those decisions.
View Garnett Genuis Profile
CPC (AB)
Madam Speaker, I will just pick up on the last question, around self-determination and development.
One of the most challenging issues that we deal with in the development space is when there are differences of opinion between different indigenous communities or there are different representative bodies, whether it is a hereditary authority structure or an elected authority structure, coming to different conclusions. My view would be that respecting the autonomy of indigenous communities, respecting self-governance, means deferring to the wishes of elected community leaders and allowing those decisions to stand.
I wonder if the member has any guidance in terms of respecting indigenous rights. From her perspective, how would we resolve these cases where there is disagreement among different representative bodies or different communities?
View Jenny Kwan Profile
NDP (BC)
View Jenny Kwan Profile
2021-05-28 13:35 [p.7578]
Madam Speaker, part of respecting indigenous peoples would be respecting both hereditary chiefs' points of view and those of the elected bodies.
What we should do, in fact, is give them the time, space and resources to resolve these issues. All too often, as we just heard from the member, we hear people say, “This is my perspective.” Well, good on them, that is their perspective, but what we need to do is respect indigenous peoples and their voice, and their perspective.
View Yves Perron Profile
BQ (QC)
View Yves Perron Profile
2021-05-28 13:45 [p.7580]
Madam Speaker, I really thank our Green Party colleague for her moving and poignant speech. I do not know if this can comfort her, but we share and feel some of her emotions today.
I will go back to the question I asked a little earlier.
I would like her to talk about the way forward. There is unanimous support in the House for passing the bill to introduce this day. However, we cannot continue to be paternalistic towards indigenous communities if we are to improve this partnership and ensure that the much-talked-about reconciliation takes place. Indigenous people must be given the means to govern themselves and to make their own decisions, and we must be able to have a true partnership.
I would like to hear what she has to say about the next steps.
View Jenica Atwin Profile
Lib. (NB)
View Jenica Atwin Profile
2021-05-28 13:46 [p.7580]
Madam Speaker, absolutely the legacy of paternalism continues. I very boldly voted against Bill C-15. I know it came as a shock for a lot of people, but it was a protest. It was because we still have the Indian Act in Canada.
The parents of those children were unable to seek legal counsel because it was illegal in our country to do so. We have not done the work of reconciliation, and to pass a bill to say that it may happen with the stroke of a pen is irresponsible and it continues that paternalistic approach.
Indigenous communities have the capacity and the leadership to determine their own fate. They must be given the resources they need to do that, and that is the way forward.
View Jody Wilson-Raybould Profile
Ind. (BC)
Madam Speaker, speaking to the UNDRIP legislation today, the justice minister said that if Bill C-262 had not been delayed in the last Parliament, the government would be working on an action plan for its implementation.
Let us not kid ourselves. The fact is the government delayed the important work of true reconciliation due to political expediency. There have been over five years of promises, and very little action on rights recognition.
Bill C-15 is a small first step. Will the government stop making excuses, do its work, get its own house in order and change its laws, policies and operational practices to ensure indigenous peoples can be self-determining?
View Arif Virani Profile
Lib. (ON)
View Arif Virani Profile
2021-05-14 12:30 [p.7249]
Madam Speaker, we take very seriously the issues that relate to indigenous reconciliation and UNDRIP.
We thank the member opposite for her contributions to this matter in her previous role as minister of justice. The government stood behind Romeo Saganash's private member's bill in the last Parliament. It is unfortunate that it did not secure passage at that time due to Conservative opposition in the Senate.
That is why we have tabled Bill C-15, why we are working with opposition parties to secure the passage of Bill C-15, and why we are very keen to have UNDRIP see the light of day and achieve royal assent.
View Adam van Koeverden Profile
Lib. (ON)
View Adam van Koeverden Profile
2021-05-14 12:34 [p.7250]
Madam Speaker, I will be sharing my time with my friend and colleague, the member for Oakville North—Burlington.
Today, I am speaking to members from the traditional territory of the Haudenosaunee, Attawandaron, Anishinabe, Huron-Wendat, and most recently, the Mississaugas of the New Credit First Nation.
I would also like to acknowledge that I arrived here as an athlete. An Inuit invention, the kayak, was originally built and invented for transportation and hunting. I got to use it for sport, and I am very grateful for that.
Just over 10 years ago, Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples. Then, in 2019, the Prime Minister made a commitment to introduce legislation on its implementation before the end of 2020, and here we are today at its third reading in the House.
I wish to begin by acknowledging all of the hard work, especially the significant role that indigenous leaders from Canada, like Willie Littlechild, have played in the development of the declaration itself over the last 25 years. It is a lifetime of indigenous advocacy and tireless efforts championing indigenous and human rights that have brought us to this important milestone today.
Bill C-15 is a turning point. For far too long, and despite robust constitutional and legal protections, indigenous rights have not been fully respected. While progress continues to be made, it has been slow and grave harms have continued to occur, including to indigenous women and girls.
We have a responsibility, as a country, to recognize and respect the rights of indigenous peoples, to uphold the protections that are part of the fabric of our nation, and that as a government we take steps to ensure that those rights are reflected and considered when we make new laws or introduce new policies. We must work together with indigenous peoples to build our relationship and seek to avoid lengthy court cases whenever we can. No less important is for all of us, as Canadians, to understand why this is relevant for us, to our lives, and to debunk myths and misconceptions so that we can move forward inclusively with values that ensure dignity and respect for all.
Indigenous rights are not new rights. However, the declaration acknowledges and affirms the rights of indigenous peoples. Implementing the declaration is about respecting human rights. The Truth and Reconciliation Commission called upon the Government of Canada to fully adopt and implement the declaration as the framework for reconciliation. Bill C-15 responds to call to action 43 to do just that.
The action plan that is required under Bill C-15 to be developed in consultation and co-operation with indigenous peoples will also respond to the call to action 44. This call to action requires the Government of Canada to develop a national action plan, strategies and other concrete measures to achieve the goals of the declaration.
Development of an action plan will require broad and in-depth engagement with indigenous partners across the country to discuss their various priorities. Bill C-15 sets out minimum requirements for what the action plan must address. These elements of the legislation were included in direct response to what was heard consistently throughout the fall 2020 engagement process with indigenous partners. These measures are focused on three areas.
First are measures to address injustices, combatting prejudice and eliminating all forms of violence and discrimination, including systemic discrimination against indigenous peoples, indigenous elders, youth, children, women, men, persons with disabilities, gender-diverse persons and two-spirit persons. I would note that the Standing Committee on Indigenous and Northern Affairs, of which I am a proud member and contributor, has unanimously adopted an important amendment to this provision, which is the addition of a specific reference to racism and systemic racism. The addition acknowledges that while there are linkages between discrimination and racism, there are specific harms and legacies in relation to racism that need to be identified and addressed. The Government of Canada wants to make its position clear that it will stand against racism and work toward eradicating it wherever it exists.
Second, the plan must also contain measures promoting mutual respect and understanding as well as good relations, including through human rights education.
Third are measures relating to monitoring, oversight, recourse or remedy, or other accountability measures that will be need to be developed with respect to the implementation of the declaration. During one of our committee studies, a second amendment to clause 6 was adopted relating to the time frame associated with the development of the action plan.
Throughout engagement, and again through the committee process, we heard from indigenous peoples on the need to reduce the three-year maximum time frame to a shorter one. As a result, we did just that, bringing it down to a maximum of two years to reinforce the Government of Canada's commitment to work with indigenous peoples from coast to coast to coast to elaborate how to turn commitments into action and to achieve the objectives of the declaration.
These are minimum requirements of the action plan. We recognize while we need to include measures for reviewing and amending the plan, this initial phase is the beginning of a process, one that will continue to evolve over time in partnership with indigenous peoples.
In terms of implementation of the declaration, this is a whole-of-government responsibility. Bill C-15 implicates all federal ministers in the development and implementation of an action plan, as it should. Reconciliation is not the responsibility of a single minister or government department. Bringing about meaningful change requires action from all areas of government.
This government's Speech from the Throne and ministerial mandate letters have made it clear the path to reconciliation requires everyone's participation. Achieving the objectives of the declaration and further aligning federal laws with the declaration will take time. However, we are not starting from scratch and we are not sitting idle while we wait for the development of an action plan.
The Government of Canada has taken concrete measures to advance its relationship with indigenous peoples in a way that aligns with the principles set out in the declaration. This includes areas such as enabling self-determination and self-government through the recognition and implementation of rights, the establishment of permanent bilateral mechanisms to jointly identify priorities with indigenous leaders and an increased indigenous participation in decision-making on socio-economic and land matters, to name a few.
As of May 2020, there were nine federal laws that refer to and were created within the spirit of the declaration. They include laws regarding indigenous languages, indigenous child and family services, and indigenous participation in environmental impact assessments and other regulatory processes. We know much more work is required with indigenous peoples to ensure federal laws more fully protect and promote the rights of indigenous peoples.
The COVID-19 pandemic has exacerbated the ongoing health, food security, housing, economic, governance, policing and other vulnerabilities and gaps that continue to impact indigenous peoples and communities. We are working hard to create new opportunities to turn the page on a colonial structure and build stronger and lasting relationships, close socio-economic gaps and promote greater prosperity for indigenous peoples and all Canadians.
Over the past months, we engaged closely with national indigenous organizations and heard from modern treaty and self-governing nations, rights holders, indigenous youth, and national and regional indigenous organizations, including those representing indigenous women and two-spirit and LGBTQ2+ peoples on the proposed legislation. The feedback we received has shaped the development of the legislative proposal.
Bill C-15 now includes an acknowledgement of the ongoing need to respect and promote the inherent rights of indigenous peoples, a respect for gender diversity, the importance of respecting treaties and agreements and the need to take distinctions into account while implementing the legislation, including with elders, youth, children, persons with disabilities, women, men, gender-diverse and two-spirit persons.
What is needed is a fundamental and foundational change. It is about respecting indigenous rights and respecting diversity. It is about righting historical wrongs. It is about shedding our colonial past. It is about writing the next chapter together, as partners, and building meaningful relationships and trust in that process.
This will not happen overnight, but we must take the necessary steps along that path, starting with implementing Bill C-15. I look forward to the journey we take to get there. It has been a sincere honour and privilege to serve on this committee with my colleagues.
View Jenica Atwin Profile
Lib. (NB)
View Jenica Atwin Profile
2021-05-14 13:32 [p.7258]
Madam Speaker, I would like to start by acknowledging the unceded Wolastoqiyik territory from which I speak today. I have commented in this House before about the importance of this recognition and, most importantly, the actions that must accompany it.
There has never been a more important time to highlight this than with our discussion of Bill C-15, an act to implement the United Nations Declaration on the Rights of Indigenous Peoples here in Canada, in a colonial country, where land was extorted. In addition to threats and force, there were efforts to exterminate and bury the original peoples of this land. These efforts failed. Instead, they planted seeds, and what we are seeing is a reclamation, the ushering in of a new age. The time has come for reparations.
Many of my colleagues in this House know that my children are indigenous. I have also worked closely with hundreds of indigenous youth as a teacher. They have informed my work every step of the way. When I think of voting on this bill, I ask myself what their world will look like in five years, in 10 years and for the generations after them, with or without passing Bill C-15.
Bill C-15 introduces the notion of a national action plan to implement the United Nations Declaration on the Rights of Indigenous Peoples into Canadian law, with annual reporting mechanisms. It is important to note that the specifics of these measures are not articulated. This has brought with it uncertainty and a manifestation of a well-placed mistrust in government.
What Bill C-15 does well is lay out a robust preamble with ambitious, frankly incredible language. It includes value statements that acknowledge systemic discrimination, and now racism, thanks to an important amendment. It recognizes self-determination of indigenous peoples, including an acknowledgement of their legal systems. It actually says, “the Government of Canada rejects all forms of colonialism and is committed to advancing relations...that are based on good faith and on the principles of justice, democracy, equality, non-discrimination, good governance and respect for human rights”.
Can we take these words at face value, or in good faith, as the bill proclaims? The criticisms of Bill C-15 are nuanced. The most obvious issue is that the notion of good faith itself is on shaky ground. For a bill that enshrines the notion of free, prior and informed consent, consultation is severely lacking. I know that is a contested point, but I must say I believe it was lacking.
It is not enough to have closed-door meetings with national bodies or organizations. The individual rights holders have a right to be heard and to weigh in on legislation with such significant implications. All Canadians, Québécois and indigenous peoples of this land require an understanding of the declaration and what it truly means to affirm it as a universal international human rights instrument.
A more complex problem some are having with this bill is that indigenous people are tired of the gaslighting. Indigenous rights are inherent. People are born with them and no one can take them away. These rights have existed since time immemorial, and yet Canadian history presents things as though indigenous peoples were handed those rights with the coming into force of the 1982 Constitution Act. It is a nice idea, but it misses hundreds of years of colonialism and abuse rooted in the doctrine of discovery. The notions that the Crown holds sovereignty over indigenous peoples, that indigenous laws and legal traditions have no place and that the Crown has ultimate title to the land held in trust underpin all of Canadian law. They are embedded in the Canadian charter, and they have placed the burden of labour on indigenous peoples and nations to establish their rights in Canadian courts.
Bill C-15 also fails to enshrine a distinctions-based approach to implementing UNDRIP in Canada and stands more as pan-indigenous legislation, disregarding the incredible diversity within indigenous nations. It is possible that Bill C-15 may be a tool in the tool kit for future court cases, but I have to question what the future holds for Canada and indigenous nationhood with this implication. Are we preparing for years of expensive legal battles? Are we asking once again for indigenous people to bear the burden of proof in the protection of their collective inherent rights?
What will happen with the Mi'kmaq fishery dispute, with a new season set to start in June? Fishers and leadership have had to call on the United Nations for protection from violence and racist intimidation. Will the passing of Bill C-15 prevent this from happening? Will it remind the non-indigenous fishers of their treaty obligations, of their history of settlement in Unama'ki? If B.C.'s UNDRIP law is any indication, sadly, I do not think it will.
I want to take a moment to talk about the journey I have been on when it comes to the study of this bill. My first step was with the Wolastoqiyik Grand Council, under Grand Chief Spasaqsit Possesom and Wolastoqiyik grandmothers. My next step was to meet with the Wabanaki Peace & Friendship Alliance.
I reviewed numerous analyses and interpretations. I met with my hon. colleague from Winnipeg Centre to learn more about the work of Romeo Saganash with Bill C-262. I met with local community leadership. I met with our local friendship centre. I met with the association of Iroquois and allied nations, with my hon. colleague from Vancouver Granville. I met with the Assembly of First Nations and staff from Chief Bellegarde's office. I listened and I learned.
My last stop was again with the Wolastoqiyik grandmothers, scholars and leaders in my riding. I would encourage all members of the House to also seek out that guidance.
The assertion of these critical voices from Fredericton, from my mentors and most trusted allies, is to reject Bill C-15 at third reading. This is not easy for me. The Green Party of Canada stands by the United Nations Declaration on the Rights of Indigenous Peoples, and we campaigned on passing it into law. However, that is not what Bill C-15 would accomplish.
I am told to celebrate Bill C-15 as it sets out the basic minimum standards for dignity and human rights for indigenous peoples. Indigenous peoples already have these rights: charter rights. They already have title to their land and to hunt and fish for their livelihoods. They already have the right to self-determination. Canadians are the ones who have a problem upholding these rights, and Canada fails to enforce them.
We have a moral, legal and fiduciary responsibility as a nation to uphold our laws. However, we have broken these laws in pursuit of domination over indigenous nations, and there is significant work ahead in dismantling these systems and structures of oppression that got us here. There are no easy fixes, such as passing Bill C-15 to check the box of reconciliation.
Clarity on the implementation of UNDRIP would have been a golden opportunity to demonstrate what a new relationship could be, to demonstrate true respect and co-operation. Canada and sovereign indigenous nations could continue on a path in their own canoes, the lesson that the Two Row Wampum teaches us.
It is 2021, and it is time for us to face the truth. We cannot reconcile if we were never conciliatory; we can only work to repair the damage done. An essential part of these reparations is respecting the first treaty we all have as humans: the treaty with the land and with our planet. We forget far too often the interconnectedness of all life and our role and responsibility in preserving this place for future generations. What we have now is a race to consume resources.
There is a component of the bill that reflects sustainable development, but what this conversation must include is a re-evaluation of what that means. What is the value of protecting old-growth forests, food security and cultural safety? How are we to measure the success of Bill C-15? There are too many questions left unanswered.
The study of Bill C-15 has been a roller-coaster ride for me, and I wish to recognize the immense privilege I have as a non-indigenous person in pursuing this study. It has been difficult to see the infighting and division among people I look up to, among some of my personal heroes. I want to say for the record that it is okay to support the bill, and it is okay to reject it. What is not okay is ignoring our role and responsibilities as treaty people and treating each other with disrespect, which is a legacy that remains, with or without this bill.
Finally, whether Bill C-15 receives royal assent or not will not determine the future for my children. They are Wolastoqiyik. They are people of the beautiful and bountiful river. They are rooted to this land. They know who they are, and they know their rights.
View Marilène Gill Profile
BQ (QC)
View Marilène Gill Profile
2021-04-15 11:43 [p.5652]
Mr. Speaker, from the outset I would like to say that it is an honour to speak in the House to Bill C-15. This is an historic bill and I hope we will be able to adopt it swiftly.
My colleagues know that I represent a northern riding and the majority of its population are members of the Innu or Naskapi nations. I rise in the House with my brothers and sisters from the North Shore and the Nitassinan in mind. I speak for the communities of Essipit, Pessamit, Uashat, Maliotenam, Unamen Shipu, Kawawachikamach and more. It is for these communities and the entire North Shore, which is also in favour of this bill, that I rise today.
This bill comes in the wake of great moments in our history in Quebec, including the Great Peace of Montreal in 1701, which forged the alliance between our adoptive ancestors. My own ancestors were not on Quebec soil at that time, but that is what happened between the French and the indigenous peoples.
I will talk about three things today, one of which is extremely important to me because there are many myths about Bill C-15 and the United Nations Declaration on the Rights of Indigenous Peoples. We must deconstruct these ideas, comments and opinions, which lead our reflections on the issue in the wrong direction.
Before speaking about self-determination, the third point of my presentation, I would like to remind members of the positions and actions of the Bloc Québécois that are in line with what we are doing today in the House.
The Bloc Québécois has promised on several occasions to be an ally of first nations. Whether in my work as an elected member or in the case of the entire Bloc Québécois, we have never wanted to speak for first nations. On the contrary, we want to be a conduit. These are nations. Quebec is a nation. To have a respectful relationship, we must let the other speak. Today, I hope that my words and those of the Bloc Québécois demonstrate that we wish to convey the words, wishes and desires of first nations.
It will not come as a surprise if I say that we support the bill. The Bloc Québécois has stated its support for the declaration many times. Even in the previous Parliament, we were in favour of Bill C-262, which was introduced by one of my former colleagues. I cannot name him in the House, but he knows who he is. I thank him.
We have always been an ally to first nations, and we support the declaration that was signed over 15 years ago as well as the previous bill. Despite introducing private members' bills about this over the past 15 years and pressuring the government, we still have not managed to pass a bill. That is why I want to emphasize that passing this bill is urgent. This is just the first step, and there will be more to follow, including the implementation. It is very important that this be done quickly for first nations.
I now want to talk about the concerns that have been expressed by different communities. Although the concerns are shared in different ways, they all come down to the feeling of a loss of control. I always find that surprising, since we are talking about first nations' rights. I do not think we should even be asking these questions, on principle, since these are their rights. These rights belong to them.
There are nevertheless some concerns that may play on fear, whether consciously or subconsciously. Sometimes these concerns are born out of a lack of understanding, which is why we need to dispel the myths.
The first has to do with free, prior and informed consent, known as FPIC, a topic that has evoked some strong feelings in almost all of the speeches. We hear so much about FPIC, as though it were the only key to adopting the United Nations Declaration on the Rights of Indigenous Peoples and enshrining it in law.
However, we are told that FPIC is a veto right, which blurs the line between two completely different notions, but what we hear is that consent is a veto. The first point I want to make in my speech is that these two notions are completely different. Consent is not a veto. FPIC is a notion all on its own.
According to the United Nations Declaration on the Rights of Indigenous Peoples, we have an obligation to co-operate in good faith with indigenous peoples in order to obtain their free, prior and informed consent. We are therefore not talking about a veto.
There is no significant difference between such consent and the duty to consult established by the Supreme Court. This is nothing new, and it is something that should always be done. I agree with the declaration. I agree with obtaining the consent of a people or nation living in a territory with regard to activities that will have a direct impact on them and on their lives, culture and health. In my opinion, we should all agree on that.
I have lots of things to say, but I will move on to another point people often raise about how there is some uncertainty regarding the legislative intent. The Minister of Justice said that the legislative intent was not to grant veto power. He said so clearly during his speech at second reading of Bill C-15. I do not have the minister's exact quote here, but I am sure it is in the official report of the House of Commons Debates.
Now I would like to talk about the legal definition of consent. Consent was already required in the past, though it was not called that. It already existed. Now it is being named and made mandatory. Examples from history are the James Bay project in the 1970s, the Oka crisis and the Grande Baleine project. First nations were being asked for consent back then.
In any case, the first nations are rallying and mobilizing. We have seen it over the past couple of years. Political pressure is being exercised on many fronts and it is warranted. There is a desire be consulted and to be able to provide free and informed consent.
There is another concern regarding the revenues generated by resource-related activities. I think the issue of royalties is simply ridiculous, and I believe the British North America Act is clear on the matter: Quebec and the provinces are owners of their own land and the resources therein. In the case of Quebec, this is an absolutely indisputable interpretation of the Constitution. There is already an agreement on the sharing of revenues from these resource development projects. That already exists.
When it comes to wealth sharing, I do not see how anyone could have a problem with sharing the revenues with the first nations who live on the land, creating jobs for those first nations and promoting wealth creation in remote areas like mine. The Bloc Québécois believes that sharing resources is patently obvious. It is necessary, and it goes without saying any time there is an agreement, a deal or a consultation with first nations.
I will address another point, but first I would like to conclude my thoughts on Quebec's jurisdictions, as I was talking about earlier.
On Bill C-15, the Minister of Justice said the following:
Let me be clear: Bill C-15 would impose obligations on the federal government to align our laws with the declaration over time and to take actions within our areas of responsibility to implement the declaration, in consultation and cooperation with indigenous peoples. It would not impose obligations on other levels of government.
The notion that this would infringe on Quebec's and the provinces' jurisdictions is yet another myth and another concern that I want to debunk. This is not true. The intent seems quite clear in this legislation. The Bloc Québécois will be voting in favour of the bill precisely because our interpretation is that the bill does not infringe on the provinces' exclusive jurisdictions.
I want to talk about the notion of self-determination under the declaration, since that is exactly what it does. The declaration recognizes that indigenous peoples and nations have the right to self-determination. Members will know that a nation's right to self-determination is something that we in the Bloc Québécois hold dear. I do want to point out that this right to self-determination is an internal one. It has nothing to do with a state's borders, and this is made clear in several articles of the declaration. This right to self-determination can simply be interpreted as an inherent right to self-government within a sovereign state's legal framework. There is autonomy, but within the legal framework of a sovereign state, within Canada. I hope that one day this will apply to Quebec.
On top of that, international law has adopted the United Nations Declaration on the Rights of Indigenous Peoples. There is a lesson to be learned from what has been done internationally.
Canada has also taken a position in support of UNDRIP. We agree, but there is one more step to take. We must follow through and finally pass Bill C-15. Then we need to implement it, which we hope will be done swiftly. There is talk of a three-year time frame, but we would like to move quickly and see that shortened to two years. My first nations brothers and sisters have been waiting long enough.
In closing, I would like to quote a few passages from UNDRIP that I think are clear examples of why we should pass this bill very quickly. These are points that everyone agrees on and, again, I have a hard time understanding how anyone could not support this. I will now quote a few articles all at once. Article 10 states the following:
Indigenous peoples shall not be forcibly removed from their lands or territories.
I do not know how anyone could be against that. The declaration also states the following:
Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
These are fundamental rights. Who is against that? I will continue:
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights....
I would ask the same question. The declaration also states the following:
Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining....
Who is against that? I will continue:
States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
Once again who is against that? This is my last quote:
States shall provide effective mechanisms for prevention of, and redress for:
...
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
...
There are many other articles I would like to read, but they are all along the same lines. They speak about rights, integrity, freedom, essential needs and respect; in the end, they are about human beings.
In closing, the Bloc Québécois obviously supports Bill C-15 because we agree with the principle of it. We would like to see the bill be implemented quickly. With regard to all the misconceptions surrounding Bill C-15, I would like people to learn more about the bill and for us to talk about it, because we need to clear up those misconceptions. We must not vote based on impressions or opinions, but on facts, and we always need to remember that we are talking here about the rights of nations.
At the same time, since the Bloc Québécois obviously seeks to speak on behalf of Quebec, I would like to remind the House that, on Tuesday, October 8, 2019, the Quebec National Assembly unanimously adopted the following motion:
THAT the National Assembly acknowledge the conclusions of the Viens Commission, expressed on 30 September 2019, as regards the responsibility of the Québec State with regard to the overwhelming and painful findings set out in its report;
THAT it recognize, as the leaders of all the political parties represented in the National Assembly have affirmed, the importance of taking concrete actions, now, to put an end to discrimination against the members of the First Nations and the Inuit and to forge egalitarian relations with them;
THAT it acknowledge that the report from the Commission Viens calls on the Québec Government to recognize and implement the United Nations Declaration on the Rights of Indigenous Peoples, a recommendation also made in the report of the National Inquiry into Missing and Murdered Indigenous Women and Girls tabled last May;
THAT the National Assembly ask the Québec Government to recognize the principles of the United Nations Declaration on the Rights of Indigenous Peoples and commit to negotiating its implementation with the First Nations and the Inuit.
The will of Quebec, which I am expressing today, and the will of first nations are clear.
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