:
I call the meeting to order. Good morning, everyone.
[Translation]
Welcome to meeting number 33 of the Standing Committee on Indigenous and Northern Affairs.
[English]
We are gathered here today on the unceded territory of the Algonquin Anishinabe nation.
We have a few items of housekeeping before we get to our invited witnesses on Bill .
[Translation]
First, we must approve the proposed budget for consideration of Bill , which you all received.
Do the committee members agree to approve the budget?
Some hon. members: Agreed.
[English]
The Chair: Second, is there agreement for the clerk to submit the draft budget for the committee's proposed travel for the period from January to March 2023 to the clerk of the liaison committee by October 21? You should have received this as well.
Some hon. members: Agreed.
:
Thanks very much for allowing us to speak to you today.
All I want to say is that I exist. Maybe it's an existential question for a Monday morning, but I'm the legislative counsel on this bill, and I'd be happy to assist you.
The main message today is that, if you have instructions for amendments, please let me know as soon as possible so that I can get them drafted and determine whether there are any legal or legislative drafting issues with them. Please rest assured that solicitor-client privilege applies, so I won't disclose any of your amendments unless you authorize me to do so, not even to someone in your own caucus.
The amendment drafting process does take time. If you've ever been involved in a private member's bill, you'll know that we have to allow time for revision, translation, etc., so please bear with us if we don't get back to you right away.
That's pretty much all I wanted to say.
Even if you don't have clear instructions yet, don't hesitate to call me to discuss how best to frame something. We have documents and templates that may assist you in organizing your thoughts.
Thanks very much for your attention.
:
In just a few words also, my role as the legislative clerk assigned to Bill will be to assist the committee during the clause-by-clause consideration of the bill. If members of the committee have any questions about the procedural admissibility of any amendments they would like to submit once they have been drafted by Alexandra or if you have any questions concerning the clause-by-clause study of the bill, please don't hesitate to contact me at your earliest convenience.
In order to assist the committee in conducting an orderly clause-by-clause study, I will organize all the amendments that members submit to the clerk into a package of amendments. I will also prepare an agenda that includes each clause of the bill and any submitted amendments. This will be circulated to all members of the committee shortly after the deadline to submit amendments. I will also be present in the room for the clause-by-clause consideration of the bill.
[Translation]
My contact information can be found in the memo the clerk has already sent to all committee members.
I will be happy to answer any questions committee members may have regarding the procedural admissibility of amendments they may wish to make to Bill and to provide advice in a confidential manner, as my colleague Ms. Schrorah said.
Furthermore, I encourage all members to contact my colleague to have their amendments written in both official languages as soon as possible.
Finally, if members have any questions, I encourage them to contact me without hesitation.
:
Thank you, Madame Thivierge and Madame Schorah. I don't see any hands raised, so thank you for those brief words of introduction about the process of doing amendments and then subsequently the clause-by-clause review.
I'd now like to welcome our witnesses from the national indigenous organizations.
From the Assembly of First Nations, we have National Chief RoseAnne Archibald, as well as Julie McGregor, director of justice. They are joining virtually today.
From the Inuit Tapiriit Kanatami, we have Natan Obed, president. He is here in person. From the Métis National Council, we have Cassidy Caron, president. She is here in person as well.
Just to ensure an orderly meeting, I'd like to outline a few rules to follow.
Members and witnesses may speak in the official language of their choice. Interpretation services in English, French and Inuktitut are available for today's meeting. Please be patient with the interpretation. There may be a delay in the Inuktitut translation since it has to be translated into English before it can be translated into French, and vice versa.
For those in the video conference, the interpretation button is found at the bottom of your screen. It's that little round globe. You can listen in one of the languages shown. If interpretation is lost, please inform me immediately, and we will stop the proceedings until we rectify it.
There's also a “raise hand” feature at the bottom of the screen. It can be used at any time if you wish to speak or alert the chair.
Before speaking, please wait until I recognize you by name. If you are on the video conference, please click on the microphone icon to unmute yourself. When speaking, please speak slowly and clearly. When you are not speaking, your mike should be on mute. This will help our interpreters a great deal.
I'll remind you that all comments should be addressed through the chair.
[Translation]
I would now like to invite each organization to make a five-minute opening statement. That will be followed by questions from members.
[English]
I would now like to invite National Chief RoseAnne Archibald to begin with her opening comments for five minutes.
My comments might go over, so I think I might just jump quickly to the recommendations that the AFN has with respect to this bill.
[Witness spoke in Cree and provided the following text:]
Wahcheeyay misiway. RoseAnne Archibald nitishinikahsoon. Taykwa Tagmou ishinakataow kawocheean.
[Witness provided the following translation:]
Greetings, everyone. My name is RoseAnne Archibald and the place I come from is called Taykwa Tagmou.
[English]
I am happy to be here today to speak to the committee. I'm just trying to find my notes, if you could give me just a moment.
As I said, I'm here to share the AFN perspective on Bill . I'll be providing a summary of AFN's perspective on the legacy of those former residential institutions. I don't call them schools anymore. They were institutions of assimilation and genocide where thousands of our children died.
I'll speak to the implementation of the Truth and Reconciliation Commission of Canada's calls to actions 53 to 56. I'll share with you some of AFN's concerns with Bill .
I'm just going to jump ahead to that, Mr. Chair, because I feel like I might run out of time in terms of the amendments that we have to the bill, and the suggestions.
In terms of the nominations, clause 8 of the proposed act sets out that the first board of directors will be chosen by the minister “in collaboration with the transition committee”.
Clause 9 states that the board will have “a minimum of nine” directors and that the AFN, the ITK and the Métis National Council will each nominate one board director. Presumably, the minister would then have the discretion to appoint the remaining six to nine members of the first board of directors. Essentially, the minister has the authority to nominate and appoint two-thirds of the NCR's first board of directors.
Clause 11 requires that at least two-thirds of the directors must be indigenous, but no distinction is made between first nations, Inuit and Métis people.
Given the history of these institutions on our people, it's really of primary importance that the NCR board of directors be truly independent of government and also be reflective of the overwhelming impact that these institutions had on first nations people, so it's very concerning that under Bill , the minister is given the broad discretion to appoint the majority of—
:
We have proposed amendments under section 10.
The AFN is proposing that section 10 be amended to provide for the following nominations of the first board of directors: Assembly of First Nations, three nominees; ITK, two nominees; MNC, two nominees; and the remaining two to five nominees to be appointed and nominated by the minister in collaboration with the transition committee.
This proposal ensures that the majority of nominations to the first board of directors remains with the AFN, ITK, and MNC, and not the federal government.
The second part that we speak to is with regard to representativeness. Clause 12 of the bill—
:
In terms of the recommendations from the AFN, we feel it's inappropriate for the federal government to grant itself the discretion to appoint the majority of the board of directors responsible for providing this independent oversight of its own actions. This is not within the spirit and intent of reconciliation, and it's very paternalistic.
The AFN proposes that clause 10 be amended to provide for the following nominations of the first board of directions: Assembly of First Nations, three nominees; ITK, two nominees; MNC, two nominees; and the remaining two to five nominees to be nominated and appointed by the minister in collaboration with the transition committee. This proposal ensures that the majority of nominations to the first board of directors will remain with the AFN, ITK and MNC, and not the federal government.
The second part of the recommendation is an actual amendment we're suggesting. The second recommendation is around clause 12, which deals with representativeness. It says that the board of directors “must, to the extent possible”, include first nation, Métis, Inuit, and other peoples in Canada. What we're saying as the AFN is that it is of the utmost importance that the NCR board of directors include first nation representation. It should not be “to the extent possible”, but that there must be first nation representatives on the board of directors.
I will wrap it up there—oh, sorry. There is an actual proposed amendment: The AFN proposes that clause 12 be amended to provide that the council's board shall include representation from first nations.
The third portion is not an amendment. It is around funding. Bill actually includes no provisions with respect to funding or operational budgets; it simply states that the NCR must fulfill financial reporting requirements. Again, we have a proposed amendment under funding. In order for the NCR to be truly independent and adequately resourced, the AFN recommends that Bill C-29 be amended to include guaranteed funding provisions to ensure that the important work of the NCR be sustained into the future.
I want to thank you, despite some of our technical problems. We will submit the full speech that I have prepared in writing.
I want to say meegwetch, thank you; ninanâskomon, which in my language means, “I'm grateful, I'm thankful, I thank you”; and kisâkihitin, which means, “I love you”.
:
Nakurmiik. Thank you, Mr. Chair.
It's good to see everyone here in person.
We are pleased to offer our views on Bill and the creation of a national council on reconciliation.
The work of the truth and reconciliation commission, the national inquiry on murdered and missing indigenous women and girls and many other initiatives have been foundational to identifying and describing the widespread trauma inflicted upon indigenous peoples during the colonial era and its connection to the current situation of indigenous peoples.
While Inuit Nunangat, our homeland, comprises over 40% of Canada's land mass and 72% of Canada's coastline, it is remote and often removed from the consideration of policy-makers, government officials and most Canadians. We appreciate the broad scope of the act and provisions designed to address reconciliation measures.
In some cases, Inuit have shared experiences with other indigenous peoples, yet in many cases, the impacts of colonization have affected Inuit in a distinct fashion. We have worked with the Government of Canada for a distinctions-based approach to reconciliation for justice but also for the work moving forward with the Government of Canada. Some examples of this—and many of these initiatives have flowed through the Inuit-Crown partnership committee—are things such as ensuring Inuit inclusion for those who are excluded in the Indian residential schools settlement agreement, further and greater federal recognition of and actions with respect to the Qikiqtani truth commission, securing recognition and an apology for the Ahiarmiut relocation in central Nunavut, and completing long-standing work on the Nanilavut initiative for families to identify the graves of loved ones who had been taken south for treatment in sanatoriums for tuberculosis. If they did pass away, their families and loved ones weren't notified and were not told the place where they had been buried.
A challenge with many pan-indigenous exercises is that the specific impacts of colonization of Inuit and the specific means of moving forward could be lost. We note that the proposed body is mainly focused on reporting and awareness raising. It would not be in a position to provide meaningful redress for the ongoing impacts of colonization. This is the reason ITK has proposed an indigenous peoples human rights tribunal through the United Nations Declaration on the Rights of Indigenous Peoples and the implementation of that act to ensure that government accountability is clearly catalogued for recourse and remedy for all those situations in which Inuit human rights have not been upheld or have been violated.
This particular piece of legislation aims to do something completely different, and therefore there are many different pieces that are needed. Tribunals, boards, or bodies need to be created during this time to ensure that we implement not only the calls to action from the TRC and the calls for justice for the MMIWG inquiry but also implement the legislation on the UN Declaration on the Rights of Indigenous Peoples.
For these reasons, ITK often advocates the inclusion of Inuit representatives within and on federal bodies that have an impact on Inuit rights, and, further, that Inuit should be able to determine Inuit representation.
We do not have specific amendments for you today. We are still in the process of understanding this legislation and talking it through with our board of directors, but the principles raised by National Chief Archibald are very similar to the ones that I believe we would be making to ensure that the council is composed of representatives of first nations, Inuit and Métis and that these appointment processes will be very different under this proposed legislation because it is the creation of a not-for-profit society versus a governmental agency.
I look forward to further conversations with you all on this particular bill in the time that has been allotted.
Tansi, everyone.
My name is Cassidy Caron. I sit before you today as the president of the Métis National Council, which has been the recognized national and international representative of the Métis nation in Canada since 1983.
The Métis National Council, for those of you who may not know, is composed of, and receives its mandate from, the democratically elected leadership within provincial Métis governments currently within the provinces of Ontario, Saskatchewan, Alberta and British Columbia.
In 2017, the Government of Canada and Métis governments entered into the Canada‒Métis Nation Accord. Among its objectives, the accord seeks to advance reconciliation of the rights, claims, interests and aspirations of the Métis nation. Four of five Métis governments recognized as signatories to this accord are the governments that currently compose the Métis National Council.
Our Métis governments, through their registries and democratically elected governance structures at the local, regional and provincial levels, are mandated and authorized to represent Métis nation citizens within their respective jurisdictions, including in dealing with collectively held Métis rights, interests and outstanding claims against the Crown.
Since 1983, the Métis National Council's priority has always been to advance the distinct Métis voice at the national and international levels, and we will continue to advance issues of collective importance and serve the Métis nation as our original founders intended.
I want to begin this morning by extending my gratitude for the work that has been done by the transitional committee to date in developing this legislation and to the interim board that sat in 2017 and 2018 to provide guidance to this transitional committee, and to all those who participated in and contributed to the Truth and Reconciliation Commission, where this idea of a national council for truth and reconciliation was first articulated as an accountability mechanism. A significant amount of work by a significant number of individuals who have dedicated their time and effort has brought us to this point today. Their efforts must be recognized.
While a significant amount of time has passed since the release of the recommendation to establish the national council, we would rather not dwell on the time that has passed but rather focus our attention now towards the significant amount of work that lies ahead on our journeys toward reconciliation. Fulfilling TRC call to action 53 will be a significant step in the right direction on our collective journey forward in this country, and Bill is an important piece of legislation that can serve to support our ongoing and continued efforts on the journey of reconciliation.
While Bill will support this through the creation of this independent, non-political, permanent and indigenous-led organization, we believe that in some circumstances the legislation does not go quite far enough to provide for the federal government to truly lay the foundation to also address call to action 55, which is a piece that is critical to setting this national council up for success and ensuring that progress is made. Call to action 55 calls on the Government of Canada to provide key information to the council to support its mandate, including reports or data requested by the national council.
As it's currently written, the legislation fails to provide for mechanisms or enablers, such as a subpoena power, to ensure that this government or subsequent governments into the future cannot shield or refuse to provide full access to reports or data required to meet its mandate. It is important to ask how this council will successfully monitor the state of reconciliation without legislated powers to access this critical data.
I will note, however, that a key role and function of the Métis National Council through its dedicated seat on this council will be to support the implementation of call to action 55, thereby contributing to the success of the National Council for TRC.
As we move down a pathway toward data sovereignty, the Métis National Council aims to support our Métis governments in the areas of information governance and management, and it is working toward being able to collect, analyze, evaluate and govern Métis nation data, including data that will be able to contribute to reports on the progress toward reconciliation.
Furthermore, the purpose and function of the council, as set out in the proposed legislation, are in line with the Métis National Council's understanding of how we, collectively, will continue to advance reconciliation efforts. The research and reports that will be produced by the national council can also provide a very important opportunity to highlight the positive work taking place within our communities as it relates to reconciliation.
I will end by once again thanking the individuals who have contributed to the development of this legislation. As the recognized national Métis voice, I applaud the particular attention in the legislation to ensuring that indigenous voices will be a majority on this council, as well as the protection of the three national indigenous organizations' ability to appoint board members.
It's our hope that the end result of this legislation will be the formation of a national council board that can apply a distinctions-based approach and fulfill its mandate to the best of its ability for all indigenous peoples.
Thank you.
Thank you all for being here today and providing your contribution to the discussion around this important bill.
I was going to talk about the independence aspect, but you've all indicated some of your opinions towards that already, so I'm going to move on to a different discussion item.
Back in 2018, when the interim board released its 20 recommendations, which included much of the framework for what we're dealing with today, there were a number of recommendations in there. They became part of what is the “Purpose and Functions” section of Bill today.
What has been added in the legislation that wasn't in those original recommendations is this concept around advancing efforts or “including efforts”. The original recommendations talked about actually advancing reconciliation.
I guess my frustration, a little bit, is how we measure advancing efforts relative to actually moving down the road towards reconciliation. Is advancing efforts good enough in the opinion of your organizations?
That question can be for all of you. I didn't direct it to any individual, so go ahead and each have a shot at it.
:
Thank you very much for the question.
Yes, efforts are efforts and results are results. When it comes to reconciliation, I think where we're lacking in Canada is the sense of the truth of that truth and reconciliation report. The truth of what happened in this country is still not widely known and it's not widely taught.
The other part of it is that once we get to the truth, we can start to talk about reconciliation and have acts of reconciliation. One thing that's missing from this TRC process, in my view, is the reparations that are needed when it comes to reconciliation.
The reparations include things like giving back to first nations the land that was inappropriately taken away or taken from them by nefarious means. All of those lands have to be returned to first nations.
The road to reconciliation.... I would say if we were on a chapter of a book on reconciliation, today we are on the first sentence of that book.
:
Thank you for the question.
Legislative drafting is an art that I have not quite yet understood, but in working for decades now on Inuit land claims issues, I certainly understand the concept of fear-based language that allows for government to do less rather than more. This type of wording, where instead of doing an action you “attempt” to do an action, is built into a lot of the different pieces of legislation or programs and policies that we see. Ultimately, it frustrates us when it comes to implementation sometimes, because the spirit and intent often then changes drastically when these new types of words are introduced.
I don't have an official position from ITK on it, but I certainly understand that the introduction of these types of words is often done to the detriment of the implementation.
I too don't know the intricacies of developing legislation and the language that goes into it, but I do know that language holds a lot of power, and it does need to be critically analyzed.
In one sense, it's important to know that reconciliation isn't just one thing that gets done; there are multiple initiatives, actions and steps that need to be taken to advance reconciliation. In that case, if the word “efforts” is interpreted in that sense, then I understand it, but if there is chance for misinterpretation, it does need to be cleared up.
For the Métis nation specifically, moving toward reconciliation does include a number of significant actions, steps and changes that need to be made. We do have some reports that lay out indicators to measure those efforts in those situations.
It's a great question. If we can get clarity around the specific word or a specific interpretation for “efforts”, it would only strengthen the legislation.
:
I have very little time left. I'm going to ask a really quick question.
There's been some criticism by Dr. Littlechild, for example, about the bill not actually being co-drafted with indigenous people. The claim by the minister last week was that it is. Dr. Littlechild is saying that maybe it isn't.
From your perspective—and you've been involved in this process from the beginning—is the criticism accurate that the legislation has not been co-drafted, or would you side with the minister and say that it really was in consultation and conjunction with the input from indigenous people?
Again, that's for all three of you, quickly.
:
Thank you for the question.
In the draft legislation, the obligation is to share an annual report with the minister. It's a very small reporting and feedback loop there. We would need something much more robust that also includes feedback, as both the national chief and President Caron have said, to community and representative bodies.
Ultimately, the scope is so large within this piece of legislation—and nebulous, in some ways—that hopefully we can find ways to have distinctions-based reporting that gets to the heart of certain issues that matter most to indigenous peoples and to Canadians when it comes to reconciliation.
President Obed, President Caron, and Chief Archibald, thank you for your testimony, to which I listened with interest and attention.
Many of the topics that I would have liked to discuss with you have already been addressed. So you can see that this is of interest to the committee, namely the issue of the representativeness of the board of directors and the independence of its members. In my view, the issue of the representativeness of the national council for reconciliation is a key determinant of its credibility and legitimacy, in the eyes of first nations and indigenous peoples.
I was wondering about something that has been less discussed: two-thirds of the board members would be indigenous and one-third would be non-indigenous. What does that mean to you? Mr. Obed, I heard you say that there should be allies on the board as well. I would like to know what your respective positions are on the fact that one-third of the members of the board of directors would be non-indigenous. Also, I am curious as to who you think should appoint these people.
Feel free to adjust your answers according to your respective interests, but I would like to hear the opinion of each of you on this. Ms. Archibald, I know you're going to have to leave us at some point, so I would invite you to answer first. You can answer afterwards, Mr. Obed and Ms. Caron.
:
Thank you very much for the question.
The composition of non-indigenous people is very key to reconciliation. I talked a lot about these institutions of assimilation and genocide, and people continually say, “Well, genocide happened to you.” The thing is, somebody was doing the genocide, so it's a two-way street. It's a relationship. The negative part of that relationship is non-indigenous governments and non-indigenous people. To heal that relationship and move forward, we need non-indigenous people to be walking that road to reconciliation with us. It's important, as the first nation part of the national council, that we are also vetting and being a part of the selection of the non-indigenous people.
We've seen many cases of people not having done proper background checks on certain appointees, and you end up with people who are extraordinarily racist, for example. I think the work of the council is to address that kind of systemic racism, and the overt and covert racism that exist within Canada. Certainly, having somebody who is an outright white supremacist, for example, is not something you would want on this council, so we have to have a say as well in the selection of that person. I think, together with the government and as a group with ITK and the Métis, we want to have the best Canadians on this particular council.
Meegwetch.
:
Thank you for the question.
I think it's important to understand what type of body this bill intends to create under the Societies Act, versus a government-structured body that would demand order in council appointments, versus a not-for-profit society, which, most often, chooses among itself once an entity is created.
That's why the interim board is so important. It's why the composition of that board is so important to what will ultimately become of this particular body in this legislation. It's because, aside from reporting to a minister annually with an annual report, there will not be oversight of this or any other parliamentary group on this body the way there might be in other pieces of legislation or other paths to reconciliation that we have.
It's very important to get it right the first time. We aren't necessarily opposed to a particular body being composed under the Societies Act, but as ITK, we want to be partners in the process in a much more robust way than perhaps appears in the interim body, which is largely composed of ministerial selections.
:
Ah, okay. I have more time left than I thought.
I'll use it to ask a question.
Mr. Obed, it struck a chord with me when you said that you're still evaluating Bill , whereas today we're asking you, to some extent, what your recommendations are. I know it's important for this committee to do that work, obviously, because there is a pressing need to have a body like this for reconciliation. That being said, would you prefer that we move quickly to the next steps or that we take a little more time to make sure we do things the way you want?
My question is also for Chief Archibald and Ms. Caron.
:
[
Member spoke in Inuktitut as follows:]
ᐋ, ᓯᕗᕐᓕᕐᒥ ᖁᔭᓐᓇᒦᒃ, ᑕᒪᑦᓯ ᖃᐃᒐᑦᓯ ᐋ, ᑐᓐᖓᓱᑦ-ᓯᓱ ᑐᓐᖓᓱᑦᑎᑦᓱᓯ ᑕᒪᑦᓯ, ᐋ, ᖁᕕᐊᓇᖅᑐᓂᒃ ᐅᖃᓪᓚᒃᑲᑦᓯ ᐱᒻᒪᕆᐅᔪᓂᒃ ᐅᖃᓪᓚᑦᓱᓯᓪᓗ, ᐅᓇ, ᐋᒻ, ᐅᖃᓕᒫᖅᓱᒍ ᐃᒻᒥᓂᖅ ᐅᔾᔨᕆᓚᐅᕋᒃᑯᓪᓕ ᓄᓇᖃᖅᑳᖅ-ᓯᒪᔪᖅᑎᒍᑦ ᐱᔪᓐᓇᐅᑎᕗᑦ ᓱᕋᑦᑕᐅᕋᔪᒻᒪᑕ ᓴᐳᔾᔭᐅᒐᔪᓐ-ᖏᓇᑦᑕ ᐱᔪᓐᓇᐅᑎᕗᑦ ᓱᕋᑦᑕᐅᒐᓗᐊᕌᒐᒥᒃ, ᑖᓐᓇ ᐃᓱᒪᒋᓪᓗᒍ ᑖᓐᓇ ᒪᓕᒐᑦᓴᖅ ᐅᖃᓕᒫᓚᐅᕋᒃᑯ ᓈᒻᒪᒃᑲ-ᓗᐊᕐᒪᖔᖅ ᐋ, ᐱᔪᓐᓇᐅᑎᕗᑦ ᓴᐳᔾᔭᐅᑦᓯᐊᕐᓂᐊᕋᓗᐊ-ᕐᒪᖔᖅ, ᐋ, ᑐᑭᓯᐅᒪᔪᖓᐅᒐᓗᐊᖅ ᐋ, ᐅᖃᓕᒫᕌᓂᑦᓯ-ᐊᖅᓯᒪᖅᑰᓐᖏᑕᓯ, ᑭᓯᐊᓂ ᐊᐱᕆᔪᒪᔭᑉ ᐊᐱᕆᔪᒪᕙᑦᓯ ᑕᒪᑦᓯ ᐋ, ᐱᖓᓲᔪᑦᓯᒍᑦ ᑭᐅᔪᓐᓇᕐᒪᖔᑦᓯᒍᑦ ᑖᓐᓇ ᐋ, ᓈᒻᒪᖕᒪᖔᖅ ᐃᓗᓕᖏᑦ ᐋ, ᐱᔪᓐᓇᐅᑏᑦ ᓴᐳᔾᔭᐅᑦᓯᐊᕐ-ᓂᐊᕋᓗᐊᕐᒪᖔᑦ ᐋᖅᑭᑦᓯᐊᖅᓯᒪᒐᓗᐊᕐᒪᖔᑦ ᑖᓐᓇ ᑭᐅᔪᓐᓇᕈᑦᓯᐅᒃ.
[Inuktitut text interpreted as follows:]
First of all, thank you for coming here. Please feel welcome, all of you.
You have provided us with very important comments today. I realize that as indigenous people, we have had our rights broken a number of times. We never really do anything once our rights are broken. I read this legislation to make sure that our rights are protected under this new legislation.
I'm not sure if you have reviewed it properly. I would like to ask all three of you if you can answer this. Review the contents of this legislation and make sure it's properly written with respect to how you would actually understand it as legislation.
[English]
:
Thank you very much for that question.
The process of developing legislation, even if we say we are codeveloping it, it is always flawed.
We saw that with Bill for child welfare. We saw that with languages, and we saw that with the UNDRIP bill, and so there's never a perfect process in which everybody gets what they want, but we do, at the very least, expect to be properly engaged. In this case I, as National Chief, have definitely not felt fully engaged in the development of this legislation, so that's a problem. However, it was the regional chiefs and I who had a meeting last quarter and recommended that we actually go ahead with implementing—
:
Without further ado, we will begin.
We'll go until 1:05 in order to allow a full hour on this.
I'll remind our panellists who are joining us to use the interpretation buttons at the bottom of your screens for the language in which you wish to hear testimony. There will be questions that could come in English, French and Inuktitut, just to let you know ahead of time. If interpretation is lost, please alert the chair.
Welcome to the members joining us for the second panel. We have, from the Native Women's Association of Canada, President Carol McBride and Allison MacIntosh, legal technical advisor.
We also have Mr. Harold Calla, executive chair, First Nations Financial Management Board.
[Translation]
Lastly, we have Grand Chief Gérard Coulombe of the Native Alliance of Quebec.
We ask the witnesses to make a five‑minute presentation. Committee members will be able to ask questions afterwards.
[English]
Without further ado, I will invite the first speaker, Mr. Harold Calla, to take the microphone for five minutes.
First of all, I'd like to acknowledge and thank the people on whose traditional territory we are having this meeting today. I would also like to thank the committee for the invitation to appear before you today.
I applaud the bill's objectives and I hope you'll give the bill thoughtful but speedy consideration. It's a big task. Reconciliation means many different things to many different people. It will require the collective effort and commitments of all of us, including our governments.
What I'm please to see is that Bill establishes an accountable and legitimate process that I haven't seen exist before, whereby there will be direct reports to Parliament that have to be responded to. I applaud that.
My question, when I read the bill, is this: Do we understand what we're talking about? Reconciliation in our context as indigenous people must mean we're talking about transformative change to the status quo. That will require legislation, regulation and policy changes over time. The indigenous community will require the institutional infrastructure that exists for other orders of government in order to be able to sit across the table as equals engaged in developing strategies to achieve reconciliation.
We need to recognize that it won't be achieved overnight. It will not be achieved through the efforts in Ottawa and the provincial capitals alone. It will occur through engagement, discussions and evolution, but it will begin in indigenous communities and flow from there.
It is critical that the process be supported throughout government and that the need for adequate and stable resources is recognized through statutory funding. Canada should engage indigenous communities now and codevelop a coordinated government-wide change management strategy to meet the challenges that will be faced in the transition to self-governing indigenous communities.
The reconciliation effort needs to respond to the need for modern-day governance and fiscal capacities at the indigenous community level. Free, prior and informed consent requires that communities have this capacity. Indigenous communities will move forward as they feel they are ready. We cannot force them.
For example, a lot of the work that needs to be done is being done by a number of indigenous organizations and institutions today. The council should recognize those and incorporate them in the body of work they undertake. For example, the institution that I chair, the First Nations Financial Management Board, provides services to over 300 Indian Act bands across the country. We've listened to our clients' concerns over the last 15 years and we are producing a report that we're calling “RoadMap” to focus on helping indigenous people see a pathway to eliminate poverty and a pathway to a life of prosperity through good governance, access to capital, economic development and exercising increased fiscal powers. We submitted some material to you today around that. You can have a look at it.
I recognize that the goal of this council is not to displace the voice and responsibilities of rights holders; it is to support them where support is needed and to inform all on the progress that is being made.
The preamble to this legislation suggests reconciliation. The context of this bill encompasses a recognition of indigenous self-government, the UN Declaration on the Rights of Indigenous People, as well as the Truth and Reconciliation Commission's calls to action, and, I would argue, section 35 of the Constitution.
However, the indigenous reality today is that the existing federal and provincial policies, regulations and laws that shape, define and govern the relationship between indigenous peoples and the governments in Canada and the provinces do not give indigenous people the recognition required to achieve reconciliation. We must then accept, as a starting point, that we are talking about transformative and systemic change in the relationship.
I believe there is a desire to see this in Canada. We have started by acknowledging our history and the harms done, and admitting that the current relationship is not only harmful to indigenous people but to all Canadians. To achieve reconciliation, it is important to accept that we are talking about shared decision-making and sharing the wealth that Canada has. I believe the council will be able to follow these kinds of measures and report back to Parliament on this.
I think it's really important that Parliament understand that this is what transformative change entails. I am not sure we appreciate that reconciliation is necessary to secure Canada's future economic growth and sustain our standard of living. Sustainability standards, together with environmental, social and governance reporting are impacting the ability of our economy to operate as it has in the past.
The international community is moving to improve consideration of the impacts and is doing this through reporting, so that stakeholders can evaluate which economic activities and companies are responding to the international community’s concerns. This will influence investment decisions and not only the availability of capital but also the cost of capital.
Canada is blessed with an abundance of natural resources, and indigenous matters are a real consideration within the international movement. Bill tells the world that Canada understands and is prepared to act. I look at this as an exciting time for Canada. If we can reconcile, we'll make our future more secure and filled with opportunity.
Thank you.
:
Good morning, honourable committee members, and thank you for inviting NWAC to speak to this important bill.
First I would like to acknowledge that we are gathering on unceded, unsurrendered territory of the Anishinabe Algonquin nation. I feel very comfortable here today, because it is my homeland.
Bill , an act to provide for the establishment of a national council for reconciliation, is an important bill and one that NWAC has been waiting for. However, we are disheartened to read that indigenous women have not been included in the bill. Clause 10 indicates that the national council for reconciliation includes three national indigenous organizations, as opposed to five. NWAC is disappointed to be excluded.
This bill established a national council for reconciliation as an independent, non-political, permanent and indigenous-led organization whose purpose is to advance efforts for reconciliation with indigenous people. The bill responds to Truth and Reconciliation calls to action numbers 53 to 55. These calls to action are essential, since they will legislate implementation of all 94 calls to action.
As you know, implementation is the most important part of any measures intended to redress harms. The key areas for reporting under calls 53 to 55 are areas in which residential school abuses and colonialism are reflected in intergenerational trauma.
NWAC has a unique role to play as a member of the national council for reconciliation. For example, NWAC offers a missing and murdered indigenous women and girls lens. We offer specific expertise, tool kits such as culturally relevant gender-based analysis that accounts for intersectionality.
At NWAC we are custodians of programs such as Safe Passage. This is a community-driven, trauma-informed and survivor-centred initiative created by NWAC that tracks cases of missing and murdered indigenous women, girls, and two-spirit, transgender and gender-diverse peoples. This project is the first of its kind, led by indigenous people for indigenous people. NWAC is a unique, inclusive representative voice that ensures the MMIWG lens is applied.
Though Canada recognizes five national organizations, including NWAC, only three will be mandated to form the board of directors. Excluding NWAC from national discussions on the implementation of reconciliation is a significant rejection to the organization, as we are recognized experts on matters related to indigenous women and girls. The people represented by NWAC face high rates of institutional betrayal, incarceration, violence and abuse, all issues that should be central to discussion of reconciliation. An NWAC representative on the board of directors of the national council for reconciliation will ensure the process is inclusive and that the voices of indigenous women and gender-diverse people are considered. We are valued leaders, decision-makers and knowledge keepers in our families, communities and governments. Without our perspective, discussions are unlikely to consider gender-based solutions to ongoing systemic discrimination caused by colonialism and patriarchy. This is about equity and claiming matriarchal leadership.
In the Canada-NWAC Accord, Canada committed that they shall consider the distinct perspective of indigenous women and girls and indigenous gender-diverse people. Not including indigenous women in this instance will set a devastating precedent for this country and globally against the current backdrop of a proven genocide against indigenous women and girls.
Honourable members, NWAC is therefore requesting that the bill be amended in clause 10 to include one director for NWAC on the board of the national council for reconciliation. If the bill remains as is, the Government of Canada will have continued to entrench marginalization of indigenous women, girls, two-spirit, transgender and gender-diverse people in legislation.
With that, I'd like to thank you. Chi-meegwetch.Merci.
This morning, I will begin by speaking on behalf of my national chief, Elmer St. Pierre, who can't be here today, either in person or virtually, due to health problems.
Before I begin, I would like to acknowledge the traditional and unceded territory of the Algonquin peoples where we are meeting today.
For over 50 years, the Congress of Aboriginal Peoples, or CAP, has advocated for the rights and interests of the non‑status, status off‑reserve, Métis and southern Inuit peoples. We have often been the only voice for the off‑reserve indigenous community, and we are the only group that can truly speak for that community.
Reconciliation has always been at the forefront of our work.
Today, more than 80% of aboriginal peoples live off‑reserve and in urban, rural and remote parts of Turtle Island. Their voices cannot be ignored.
For CAP's communities, this country has provided very little in terms of reconciliation. The fact that we are falling behind other aboriginal peoples is evidence of this. Lack of culturally appropriate programs and services have led to the further marginalization of our people who are the most vulnerable and who are already suffering historical traumas from residential school and colonial policies.
For years, the Canadian government has failed to recognize CAP's peoples and only after a 17‑year legal battle did this question get answered once and for all. Despite this victory, the government continues to divide and cherry‑pick those they want to work with. This leaves the majority of aboriginal people out and forgotten, and without access to necessary supports.
We commend the federal government for honouring the Truth and Reconciliation Commission of Canada's calls to action to create a national council on reconciliation. We support this fully. However, reconciliation cannot be just for some; it must be for all.
Bill , if implemented today, would further exclude our people. The bill states that “reconciliation requires collective efforts from all [aboriginal] peoples and … multiple generations”. With no seat on the council, this legislation politically chooses those the government wants to work with and neglects the voice of the majority of aboriginal peoples. If we are to truly have reconciliation, these exclusions must stop.
I'll now speak on behalf of the Native Alliance of Quebec.
I'd like to acknowledge again that we are meeting today on the traditional and unceded territory of the Algonquin peoples, of which I am proud because it is part of my aboriginal ancestry.
My name is Gérard Coulombe, and I am the president of the Native Alliance of Quebec and a board member of the Congress of Aboriginal Peoples.
The Congress of Aboriginal Peoples was never consulted or engaged in the development of this legislation. We have been left out of the bilateral conversations with the government on this issue, despite the Daniels decision and the signing of the Congress of Aboriginal Peoples/Canada political agreement. Our exclusion from the council, as a national indigenous organization, is a political decision that is an affront to reconciliation. This bill discriminates against hundreds of thousands of indigenous peoples, represented by CAP. This does not honour the government's commitment to the United Nations Declaration on the Rights of Indigenous Peoples. True reconciliation can only happen when all indigenous peoples are involved in the decision‑making process.
In closing, I'd like to say that the Native Alliance of Quebec is one of 11 indigenous organizations in Canada. The affiliated members of the Congress of Aboriginal Peoples cover 10 provinces and one territory, virtually all of Canada. So we can say that the Congress of Aboriginal Peoples represents off‑reserve status and non‑status indigenous people, Métis and Inuit, across the country.
Thank you.
:
Thank you very much, Chair.
Thank you to our witnesses. We have some great talent here that we're hearing from, and we do appreciate it.
I'll try to be quick with my questions because I only have six minutes here.
Let's start with Ms. McBride.
I'm guessing you weren't consulted on Bill as it was being drafted, and, based on your comments, five years is way too long to wait to have a member from your organization on the original board of directors, which then sets the framework for future boards going forward.
:
Yes, that's correct. NWAC has not been consulted on this bill, and we have been waiting quite a long time for this piece of legislation to come forward. I think that it's not what this incredibly high-priority bill says; it's what it doesn't say, and the very concerning precedent that it's setting for the ongoing exclusion of indigenous women, girls, two-spirit, gender-diverse and transgender people against the backdrop of an ongoing genocide.
To answer your question, five years is too long for us to be waiting to be included in this bill. I think it's concerning, again, as President McBride said, that there are three major NIOs listed on this board, and NWAC has been left out, which is quite confusing to NWAC, given the fact that we do, in fact, have an accord with the Government of Canada. Section 1.1 of the accord explicitly honours a commitment to include indigenous women in ongoing conversations, yet we find ourselves left out again. This is a devastating precedent, to say the absolute least, and it feels like another empty and broken promise by the Government of Canada.
:
No, the Congress of Aboriginal Peoples wasn't consulted in the drafting of this bill, and we find that very unfortunate.
It's important to remember that the Congress of Aboriginal Peoples fought for 17 or 18 years before the Supreme Court of Canada to have the peoples that make up its membership recognized. The Supreme Court of Canada granted that recognition, but the Congress of Aboriginal Peoples had to defend the cause for 17 years. I'm thinking of Harry Daniels, who devoted part of his life to this case. I even saw a stamp honouring him in a post office this week. Mr. Daniels's work helped us win this case.
In addition, a political agreement was signed between the federal government and the Congress of Aboriginal Peoples. The Daniels decision was rendered in 2016 and, two years later, in 2018, this political agreement was signed. In it, the government commits to working closely with the Congress of Aboriginal Peoples to advance the indigenous cause in Canada.
Despite all this, we weren't even consulted or invited to the table, and that's a huge affront to the Congress of Aboriginal Peoples.
:
No, there isn't, but we haven't had a platform whereby we can contribute to a report that goes to Parliament to deal with these issues before. That will come from this legislation. I think that's important. That was part of the reason I accepted the invitation to come here.
To me, reconciliation talks about section 35. There are a lot of impacts that we have experienced as a result of colonization, and we have to deal with those issues. They're very severe, and I don't want to diminish them at all, but we have to look forward. What does the world look like when we have recognition of section 35 and we have reconciliation? What do we have on the ground today, and what do we have to change?
That was the purpose of my coming here today. It is to say to parliamentarians that you're going to get a report. The responsibilities will then flow to you on what those reports say, and it's going to be up to you to make the changes that are going to be required to implement reconciliation and recognition in section 35. This is going to happen in part through indigenous communities, but the result is that you are going to have to make decisions to systemically change the relationship to create capacity and institutional infrastructure in first nation communities that they can manage. If we're not talking about that, it is another broken promise.
:
To make up for that, I'm just going to follow on with the questioning by Mr. Schmale. I think he already got the response from Mr. Calla that I wanted.
Mr. Calla, you look totally different, because I'm used to your being that little Zoom character. I didn't even recognize you. I've always been impressed with your testimony.
You talked about the need for transformational change, which I would suggest means, more than anything else, seeing an actual improvement in the standard of living of indigenous people across Canada. I think that's what you and your organization have done, and I really like the fact that whenever we talk to you, I think that's what you're talking about. It's that your organization is trying to do that.
You've already kind of answered this question in saying why you came here. When I look at this and I read this bill and I look at the function of this body, it is to develop an action plan to monitor research, to conduct research and to monitor policies. This is a lot of looking at and reporting, but maybe not a lot of actually doing and making transformational change. You may have already answered it in saying that you support this bill because it is really going to bring substantive results rather than just being another political forum for speaking.
I'd like to thank Mr. Calla, Ms. McBride, Ms. MacIntosh and Mr. Coulombe for their respective testimonies.
I'd like to ask the representatives of the Native Women's Association of Canada about representation. I often come back to this issue in committee. It is indeed an aspect of the bill that is problematic for many people. It has to do with consultation, on the one hand, but also with representation on the board of directors itself.
Although I'm here to listen to your point of view, I must say that I am concerned by the same elements of the bill as you are. I often feel that women are treated as if they are a minority. However, according to statistics, women make up more than half of the current population. I notice that there is no desire for parity in the bill, and that concerns me. I would like to know what you think about that.
As you've said several times, we should very quickly ensure that your organization is represented on the board of directors. Furthermore, I don't know if there is a will to achieve gender parity on this board. That might be interesting for you. I know that this isn't your association's responsibility, but that's a question I was wondering about.
:
My next question is for Mr. Coulombe, as well as Mr. Calla, of course.
We talked about representation. I'd like to ask you some more questions about that, because I think it's important to you, too.
Mr. Coulombe, do you have anything to add about organizations that should also be included on the board of directors? As we know, the consultations did not allow us to hear from everyone. As the representatives of the Native Women's Association of Canada said, perhaps all indigenous communities or peoples are not represented.
What can we do to ensure that the National Council for Reconciliation is legitimate and credible and that it represents all indigenous peoples in Canada?
:
Okay. Thank you so much.
Mr. Calla, it's good to see you.
I was struck by your intervention. You're hoping to see this bill create a transformative and systemic change. You see that as a great opportunity.
Bill , under paragraph 7(d), reads, “monitor policies and programs of the Government of Canada, and federal laws, that affect Indigenous peoples”.
Do you think a section like that would create the transformation and the systemic change that needs to happen?
:
Thank you so much for your responses.
I've looked at the bill in terms of what rights could be upheld and the failures that we see in protecting indigenous people's rights. I've been curious to see if there would be responses about how we ensure that this council is also able to monitor whether indigenous people's rights are being protected or whether we continue to be deprived of our rights.
I asked the previous witnesses about this example, and I would love to hear a response from each of you as well. I used the example of the Human Rights Tribunal's decision on the first nations children who were discriminated against. Their rights were being violated, yet the federal government is still fighting that decision.
I wonder if you would see an improvement in this bill in terms of taking a rights-based approach to monitoring some of the work that's going on with regard to reconciliation.
I'll start with Gérard.
:
I believe it can protect our rights. The council will have that opportunity. If it has government-wide access to information and data, it can bring that forward in ways we've not been able to do before, so I think it can help. It doesn't mean that the issues we have today don't require alternative measures to deal with those kinds of things, but, as I have said several times when I've come here before, whatever you do, you have to have a picture in your mind of what you want to see 20 years from now. We can't expect an overnight solution here.
We have to deal with the realities of colonialism. We have to deal with the suffering and the poverty that exists in our communities. It has to be reported to Parliament, and parliamentarians have to weigh in on the progress that's being made.
Too often when we establish policy, we can't wait five years for a census to determine the effectiveness of the policy change. We need a real-time process of evaluation of whether it's working. There are initiatives under way through a number of organizations and institutions in this country that are working with the departments to help achieve that.
I think it can help, but we need an opportunity to be able to report to this council so that the report can go back to Parliament.
:
Thank you very much, Mr. Chair.
It's great to be back with you and with committee members here in INAN.
Thank you to all our witnesses for taking the time to join us and to share your thoughts. We really appreciate all of the comments you have made so far.
With my limited time, I want to pick up, Mr. Calla, on an answer you gave in response to a question from my friend Marcus Powlowski, my neighbour over in northern Ontario. That's around the funding aspect when we're talking about reconciliation and indigenous services.
I think we would all agree that in many instances, government funding is required and necessary to help address some of the concerns that indigenous people are facing. We see that in my riding, but we've also seen over the years and in this recent Parliamentary Budget Officer's report that the dollars the current government has been spending aren't leading to an equal increase in the organizations' meeting their objectives. To that end, I think there's clearly a disconnect between the rhetoric and the announcements in Ottawa and the results that are being experienced on the ground.
The question I have is this: Do you have any thoughts or specific suggestions for us as a committee to consider to ensure that the government can make sure it's getting value for its money, that the dollars it's spending are going to improve the lives of indigenous people across the country?
:
I think you have to invest in indigenous-led solutions. Government-led solutions haven't proven to be successful.
If you were to look at the results of the First Nations Fiscal Management Act, at the 300 communities and the work that the financial management board has done even in communities that are in financial trouble, what you see is that bringing governance and administrative and fiscal capacity to those first nations has increased their own-source revenue and their index of well-being.
I think that some wise investments have been made in fiscal institutions and other organizations like ours to start creating indigenous-led solutions. I'm hoping that's what this council will be able to seize, which is that you need those kinds of solutions.
I think the important thing for this council is to be adequately resourced. It will need a secretariat. It will need to be able to do the due diligence necessary to allow it to report to you in a way that isn't filtered.
I think the scope of what this council is able to do can't be limited. That's the first thing. It needs to go where the truth needs to be found.
I think that the economic reality of the international community being unhappy with how our global economy has conducted itself over the last years has created a movement called ESG—environmental standards and governance. I actually say it's “ESGI” because there's an “I” in every one of those. “I” is for indigenous.
In part, I think this body can help reinforce that through its annual reports to Parliament about how that's progressing. A lot happens in this country. A lot of conversations are taking place within the federal government on ways to achieve economic reconciliation. I think that requires systemic change and a recognition of the impacts of colonialism on the ability of first nations to have a meaningful place in the capital markets, as an example.
There are lots of ways in which this council could support that so that we can address the poverty in our communities, provide opportunities for our young people and have them come home once they're educated because we've got something for them to do at home. Those are critical things that we need to do.
We just can't continue to feed the symptoms of poverty with money. We've got to find a solutions. I believe that a solution is to provide a better opportunity to be self-governing and to develop our own solutions.
The First Nations Fiscal Management Act is the most successful piece of legislation dealing with Indians in the history of this country. There are 345 first nations across the country that have chosen to become involved. The first nations finance authorities provided, by the end of this year, at the request of first nations, $2 billion worth of funding through debt that they wanted in order to support economic development, create employment in their communities and create that well-being index.
I have one last question for all the witnesses.
Mr. Calla, there has been a lot of talk about representation. Which organizations do you think should be on the board of directors?
Also, do you think there should be some kind of sectoral representation? Mr. Calla talked a lot about the economy. Of course, we represent all the nations and demographic strata, ideally, but certain sectors should also be represented by first nations.
You have at most 30 seconds to answer, but you can always send additional information to the committee. We greatly appreciate it.
Perhaps you could start, Mr. Coulombe.
This brings our panel to an end. It was a very, very good panel.
Thank you so much to all of the witnesses who came today. We thank Mr. Harold Calla from the First Nations Financial Management Board.
[Translation]
I'd also like to thank Grand Chief Gérard Coulombe, the president of the Native Alliance of Quebec.
[English]
Also, thanks to Carol McBride and Allison MacIntosh from the Native Women's Association of Canada. It was extremely important for us to hear you as we deliberate on Bill , so thank you for giving us your time today and your thoughts.
With that, committee members, our next meeting will be this Thursday, and we'll continue our discussion on Bill .
With that, this committee is adjourned.