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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 92
Wednesday, December 13, 2023, 4:36 p.m. to Wednesday, January 31, 2024, 6:41 p.m.
Webcast
Presiding
John Aldag, Chair (Liberal)

• Jenica Atwin for Marcus Powlowski (Liberal)
• Sébastien Lemire for Marilène Gill (Bloc Québécois)
• Brad Redekopp for Bob Zimmer (Conservative)
• Simon-Pierre Savard-Tremblay for Marilène Gill (Bloc Québécois)
House of Commons
• Dancella Boyi, Legislative Clerk
• Vanessa Davies, Procedural Clerk
• Christine Holke, Procedural Clerk
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Brittany Collier, Analyst
• Caitlin Gropp, Analyst
Department of Crown-Indigenous Relations and Northern Affairs
• Blake McLaughlin, Director General, Negotiations - Central, Treaties and Aboriginal Government
• Martin Reiher, Senior Assistant Deputy Minister, Treaties and Aboriginal Government
• Michael Schintz, Federal Negotiations Manager, Negotiations - Central, Treaties and Aboriginal Government
Department of Justice
• Julia Redmond, Legal Counsel
Pursuant to the order of reference of Wednesday, June 21, 2023, the committee resumed consideration of Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts.

The witnesses answered questions.

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

At 4:45 p.m., the sitting was suspended.

At 4:55 p.m., the sitting resumed.

The committee resumed clause-by-clause consideration on Clause 8 of the Bill.

Lori Idlout moved, — That Bill C-53, in Clause 8, be amended by replacing line 14 on page 4 with the following:

“government set out in column 1 of the schedule is, for the purposes of this Act, an In‐”

At 5:11 p.m., the sitting was suspended.

At 5:40 p.m., the sitting resumed.

After debate, by unanimous consent, the amendment was withdrawn.

Gary Vidal moved, — That Bill C-53, in Clause 8, be amended

(a) by replacing line 16 on page 4 with the following:

“half of the citizens that constitute the Métis collectivity set out in column 2 opposite”

(b) by adding after line 20 on page 4 the following:

“(2) The following definitions apply in subsection (1).

citizen

(a) in respect of the Métis Nation of Alberta, has the same meaning as in section 1.01 of the Métis Nation within Alberta Self-Government Recognition and Implementation Agreement signed on February 24, 2023, as amended from time to time;

(b) in respect of the Métis Nation of Ontario, has the same meaning as in section 1.01 of the Métis Self-Government Recognition and Implementation Agreement signed by the Métis Nation of Ontario on February 23, 2023, as amended from time to time; and

(c) in respect of the Métis Nation — Saskatchewan, has the same meaning as in section 1.01 of the Métis Nation within Saskatchewan Self-Government Recognition and Implementation Agreement signed on February 24, 2023, as amended from time to time. (citoyen)

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and, for greater certainty, includes a Métis government. (corps dirigeant autochtone)”

Debate arose thereon.

At 5:57 p.m., the sitting was suspended.

At 3:30 p.m., on Thursday, December 14, 2023, the sitting resumed.

The committee resumed consideration of the amendment of Gary Vidal, — That Bill C-53, in Clause 8, be amended

(a) by replacing line 16 on page 4 with the following:

“half of the citizens that constitute the Métis collectivity set out in column 2 opposite”

(b) by adding after line 20 on page 4 the following:

“(2) The following definitions apply in subsection (1).

citizen

(a) in respect of the Métis Nation of Alberta, has the same meaning as in section 1.01 of the Métis Nation within Alberta Self-Government Recognition and Implementation Agreement signed on February 24, 2023, as amended from time to time;

(b) in respect of the Métis Nation of Ontario, has the same meaning as in section 1.01 of the Métis Self-Government Recognition and Implementation Agreement signed by the Métis Nation of Ontario on February 23, 2023, as amended from time to time; and

(c) in respect of the Métis Nation — Saskatchewan, has the same meaning as in section 1.01 of the Métis Nation within Saskatchewan Self-Government Recognition and Implementation Agreement signed on February 24, 2023, as amended from time to time. (citoyen)

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and, for greater certainty, includes a Métis government. (corps dirigeant autochtone)”

By unanimous consent, the amendment was withdrawn.

Gary Vidal moved, — That Bill C-53, in Clause 8, be amended

(a) by replacing line 16 on page 4 with the following:

“half of the Métis collectivity, including its citizens, set out in column 2 opposite”

(b) by adding after line 20 on page 4 the following:

“(2) In subsection (1), Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and, for greater certainty, includes a Métis government.”

After debate, the question was put on the amendment of Gary Vidal and it was agreed to on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

Lori Idlout moved, — That Bill C-53, in Clause 8, be amended by adding after line 20 on page 4 the following:

“(2) If a Métis collectivity or an Indigenous governing body raises an issue in relation to the authority of a Métis government set out in column 1 of the schedule, that Métis collectivity or Indigenous governing body may try to resolve the issue through a dispute resolution process.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Lori Idlout appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Michael V. McLeod — 6;

NAYS: Lori Idlout, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 5.

Clause 8, as amended, carried on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 10;

NAYS: Lori Idlout — 1.

The committee proceeded to the consideration of matters related to committee business.

Motion

Arnold Viersen moved, — Given that on December 7, 2023, two churches in Barrhead, Alberta were firebombed according to the RCMP,

The committee report to the House that it condemns these hateful acts of arson and express solidarity with the community in the face of this ongoing campaign of hate, and that it further condemns any attack against all places of worship.

The Chair ruled the proposed motion inadmissible as it exceeded the scope of the committee’s mandate.

Whereupon, Arnold Viersen appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod — 7;

NAYS: Jamie Schmale, Gary Vidal, Arnold Viersen, Bob Zimmer — 4.

Department of Crown-Indigenous Relations and Northern Affairs
• Blake McLaughlin, Director General, Negotiations - Central, Treaties and Aboriginal Government
• Martin Reiher, Senior Assistant Deputy Minister, Treaties and Aboriginal Government
• Michael Schintz, Federal Negotiations Manager, Negotiations - Central, Treaties and Aboriginal Government
Department of Justice
• Julia Redmond, Legal Counsel
Pursuant to the order of reference of Wednesday, June 21, 2023, the committee resumed consideration of Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts.

The witnesses answered questions.

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

The committee resumed clause-by-clause consideration on new Clause 8.1 of the Bill.

On new Clause 8.1,

Lori Idlout moved, — That Bill C-53 be amended by adding after line 20 on page 4 the following new clause:

“8.1 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the right to self-determination of Métis collectivities that are not represented by a Métis government set out in column 1 of the schedule, including the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982.”

Debate arose thereon.

At 4:15 p.m., the sitting was suspended.

At 4:20 p.m., the sitting resumed.

Jaime Battiste moved, — That the amendment be amended by replacing the words “Métis collectivities that are not represented by a Métis government set out in column 1 of the schedule” with the words “a Métis collectivity that has not authorized a Métis government set out in column 1 of the schedule to act on its behalf”.

The question was put on the subamendment of Jaime Battiste and it was agreed to on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

After debate, the question was put on the amendment of Lori Idlout, as amended, and it was agreed to on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

After debate, Clause 9 carried on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

After debate, Clause 10 carried on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

On new Clause 10.1,

Jamie Schmale moved, — That Bill C-53 be amended by adding before line 29 on page 4 the following new clause:

“10.1 (1) If a supplementary self-government agreement is entered into by a Métis government and His Majesty in right of Canada, the Minister of Crown-Indigenous Relations must cause to be tabled in each House of Parliament a copy of the agreement on any of the first 10 days on which that House is sitting after the agreement is entered into.

(2) After it is tabled, the agreement stands referred to the standing committee of each House of Parliament that normally considers matters relating to Indigenous peoples.

(3) For the purpose of subsection (2), Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍”

After debate, the question was put on the amendment of Jamie Schmale and it was agreed to on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

On Clause 11,

Jamie Schmale moved, — That Bill C-53, in Clause 11, be amended by replacing line 3 on page 5 with the following:

“met, the Governor in Council may, by order, no earlier than 30 sitting days after the agreement has been tabled under section 10.‍‍1, fix the day”

After debate, the question was put on the amendment of Jamie Schmale and it was agreed to on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

Clause 11, as amended, carried on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

After debate, Clause 12 carried on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod, Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 11;

NAYS: — 0.

On Clause 13,

Debate arose thereon.

At 5:32 p.m., the sitting was suspended.

At 11 a.m., on Monday, January 29, 2024, the sitting resumed.

The committee resumed clause-by-clause consideration on Clause 13 of the Bill.

At 5:17 p.m., the sitting was suspended.

At 5:25 p.m., the sitting resumed.

Clause 13 carried on division.

By unanimous consent, it was agreed to amend the text of the French version of the amendment of Jamie Schmale previously adopted on Thursday, December 14, 2023:

Que le projet de loi C-53, à l’article 11, soit modifié par substitution, à la ligne 4, page 5, de ce qui suit : « plies, le gouverneur en conseil peut, par décret, au plus tôt trente jours de séance suivant le dépôt de l’accord en application de l’article 10.1, fixer la »

with the following:

Que le projet de loi C-53, à l’article 11, soit modifié par substitution, à la ligne 3, page 5, de ce qui suit : « plies, le gouverneur en conseil peut, par décret, au plus tôt trente jours de séance suivant le dépôt de l’accord en application de l’article 10.1, fixer la »

The committee proceeded to the consideration of matters related to committee business.

Motion

Bob Zimmer moved, — Given that the Premier of the Northwest Territories has requested a complete exemption from the Carbon Tax for his jurisdiction, the committee report to the House that it calls on the government to immediately carve out Northwest Territories from the Carbon Tax.

Motion

Jaime Battiste moved, — That the debate be now adjourned.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Marilène Gill, Lori Idlout, Michael V. McLeod — 7;

NAYS: Brad Redekopp, Jamie Schmale, Gary Vidal, Arnold Viersen — 4.

Department of Crown-Indigenous Relations and Northern Affairs
• Blake McLaughlin, Director General, Negotiations - Central, Treaties and Aboriginal Government
• Martin Reiher, Senior Assistant Deputy Minister, Treaties and Aboriginal Government
• Michael Schintz, Federal Negotiations Manager, Negotiations - Central, Treaties and Aboriginal Government
Department of Justice
• Julia Redmond, Legal Counsel
Pursuant to the order of reference of Wednesday, June 21, 2023, the committee resumed consideration of Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts.

The witnesses answered questions.

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

The committee resumed clause-by-clause consideration on Clause 14 of the Bill.

The debate continued.

At 11:27 a.m., the sitting was suspended.

At 11:32 a.m., the sitting resumed.

After debate, by unanimous consent, Clause 14 was allowed to stand.

By unanimous consent, Clause 15 was allowed to stand.

Clause 16 carried on division.

Clause 17 carried on division.

Clause 18 carried on division.

Clause 19 carried on division.

After debate, Clause 20 carried on division.

After debate, Clause 21 carried on division.

After debate, Clause 22 carried on division.

After debate, Clause 23 carried on division.

After debate, Clause 24 carried on division.

After debate, Clause 25 carried on division.

On new Clause 26,

Jamie Schmale moved, — That Bill C-53 be amended by adding after line 17 on page 10 the following new clause:

“26 If Bill S-13, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Interpretation Act and to make related amendments to other Acts, receives royal assent, then, on the first day on which both section 1 of that Act and section 3.1 of this Act are in force, that section 3.1 is repealed.”

After debate, the question was put on the amendment of Jamie Schmale and it was agreed to.

On Schedule 1,

Jamie Schmale moved, — That Bill C-53, in the schedule, be amended by replacing the portion of item 1 in column 2 on page 11 with the following:

“Métis Communities of Alberta that consent to be represented by the Métis Nation of Alberta”

After debate, the question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:

YEAS: Jamie Schmale, Gary Vidal, Arnold Viersen, Bob Zimmer — 4;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Lori Idlout, Heath MacDonald — 6.

Lori Idlout moved, — That Bill C-53, in the schedule, be amended by replacing the portion of item 1 in column 2 on page 11 with the following:

“Métis Collectivities Represented by the Métis Nation of Alberta”

Debate arose thereon.

At 1:01 p.m., the sitting was suspended.

At 4:30 p.m., on Wednesday, January 31, 2024, the sitting resumed.

Pursuant to Standing Order 106(2), the clerk of the committee presided over the election of a vice-chair.

On motion of Jaime Battiste, it was agreed, — That Sébastien Lemire be elected Second Vice-Chair of the committee.

The committee proceeded to the consideration of matters related to committee business.

Motion

Sébastien Lemire moved, — That the Standing Committee on Indigenous and Northern Affairs call upon the Government of Canada (1) to clarify how the Crown intends to conduct future negotiations with the Métis of Ontario, Saskatchewan and Alberta with respect to the inherent rights of section 35 of the Constitution Act of Canada, and to confirm that no overlap will be created as a result of such treaties on First Nations territories without having their free, prior and informed consent on these issues and on the territories of Quebec.

Department of Crown-Indigenous Relations and Northern Affairs
• Blake McLaughlin, Director General, Negotiations - Central, Treaties and Aboriginal Government
• Martin Reiher, Senior Assistant Deputy Minister, Treaties and Aboriginal Government
• Michael Schintz, Federal Negotiations Manager, Negotiations - Central, Treaties and Aboriginal Government
Department of Justice
• Julia Redmond, Legal Counsel
Pursuant to the order of reference of Wednesday, June 21, 2023, the committee resumed consideration of Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts.

The witnesses answered questions.

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

The committee resumed consideration of the amendment of Lori Idlout, — That Bill C-53, in the schedule, be amended by replacing the portion of item 1 in column 2 on page 11 with the following:

“Métis Collectivities Represented by the Métis Nation of Alberta”

After debate, the question was put on the amendment and the result of the vote was announced:

YEAS: Lori Idlout, Jamie Schmale, Gary Vidal, Arnold Viersen, Bob Zimmer — 5;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Michael V. McLeod — 5.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

Jamie Schmale moved, — That Bill C-53, in the schedule, be amended by replacing the portion of item 2 in column 2 on page 11 with the following:

“Métis Communities of Ontario that consent to be represented by the Métis Nation of Ontario”

The question was put on the amendment of Jamie Schmale and it was negatived on the following recorded division:

YEAS: Jamie Schmale, Gary Vidal, Arnold Viersen, Bob Zimmer — 4;

NAYS: Jenica Atwin, Jaime Battiste, Ben Carr, Anna Gainey, Lori Idlout, Michael V. McLeod — 6.

Jamie Schmale moved, — That Bill C-53, in the schedule, be amended by replacing the portion of item 3 in column 2 on page 11 with the following:

“Métis Communities of Saskatchewan that consent to be represented by the Métis Nation — Saskatchewan”

The question was put on the amendment of Jamie Schmale and it was negatived on division.

Schedule 1 carried on division.

At 6:41 p.m., the committee adjourned to the call of the Chair.



Cédric Taquet
Clerk of the committee