:
Mr. Speaker,
kwe kwe.
Ullukkut.
Tansi.
I am honoured to be speaking today in Canada's Parliament, situated on the traditional lands of the Anishinabe Algonquin people, on an incredibly important bill on behalf of the hon. Canada, as her parliamentary secretary.
I represent the people of Fredericton, an unceded Wolastoqiyik territory, the people of the beautiful and bountiful river, as well as my family, my husband and my two children, who are also Wolastoqiyik and status Indians under the Indian Act.
For over a century, Canada passed laws and introduced policy with the express goal of expropriating land using tools that ripped apart families and attempted to destroy culture, language, tradition and identity. The Indian Act essentially reduced first nations identity to status and then used this status to strip away access to what most would consider the bare necessities. Sex-based and other forms of discrimination were used to segregate and assimilate, with the ultimate goal of removing indigenous identity or ending the “Indian problem”.
Today, I am speaking directly to the descendants and elders of those wronged. Despite these repeated and oppressive measures, they persisted. They were resilient. They retained their culture and language. Identity is not a status the government gives, but a way of life and a feeling of love and belonging. It is a way of seeing the world.
It is thus fitting that we rise today to discuss an incredibly important bill that would advance reconciliation and do what is necessary to fix some of what was broken right here in this place through previous pieces of legislation. I am incredibly honoured to have the opportunity to be a part of this process.
To peel back the layers of our colonial history to right the wrongs is exactly why I ran for federal politics. I ran for my kids and their home community of Welamukotuk, a good place to fish. I ran for my students: for Justice, whom I wish Justice a happy birthday, and for Desiree, Brianna, Kitarra, Chrystal, Amber, Bailey and so many more. I ran for my former boss, Bob Atwin, at First Nation Education Initiative. I ran for Billy at Sitansisk and for all Wabanaki nations. Sometimes this place feels very far away from home, but I feel them with me today in this chamber.
We have heard from our partners and we have heard from Canadians. Identity is something that one cannot give or take, but something inherently ours. We are putting the power to determine this identity back in the hands of those who should have always had the power over it. The bill before us today would make important progress by addressing several major inequities in the Indian Act and by responding to long-standing concerns raised directly by first nations about the registration and band membership provisions of the act.
More specifically, this bill proposes to address four key issues. First, it would address the legacy impacts of enfranchisement and help more first nations regain their status. Second, it would return autonomy to registered first nations by allowing them to take their names off the Indian register. Third, it would recognize the rights of all first nations individuals to their natal band membership, ensuring women can maintain critical connections to their home communities. Finally, it would eliminate stigmatizing language about first nations persons with disabilities that is currently part of the Indian Act. If passed, this bill would help return agency to the first nations families that lost their status in this colonial process called enfranchisement.
The promised to address these long-standing issues and in December 2022, she introduced this bill and followed through on that promise. The legislators of the past put these harmful policies in place, setting in motion the pain that so many families still feel today, but we are the legislators of a new time, one that reflects an honesty of history and a true commitment to a Canada that lives up to the promises and commitments our predecessors made in treaties and other agreements. Reconciliation is a process. It requires a deep collective commitment to the truth and to action.
Although the Indian Act itself is an inherent problem and partners across this land agree it is a tool of colonialism, many indigenous peoples, leaders and nations see that those approaches to ending this tool of oppression requires steady, honest transfer of control over the delivery of programs and services back to first nations, Inuit and Métis peoples. This proposed legislation is a step in the right direction. It addresses the most foundational element of reconciliation, and that is self-determination.
The people at home might be asking why we are proposing these changes at all, why we cannot just get rid of the Indian Act with its discriminatory title altogether. The Indian Act is archaic, it is paternalistic, it is rooted in racism and Canada must continue to work toward its end. This work is, in fact, a major part of the mandate for the .
The last number of years, we have engaged extensively with first nations on the best ways to move away from the Indian Act and protect the rights of people at the same time. We have made significant progress in developing successful alternatives to the Indian Act for first nations in relation to land management. We will continue to work with partners to transfer control and stand up self-determined policies and programs.
In the meantime, thousands of first nations people continue to face discrimination under the Indian Act. The amendments we are proposing in this bill reflect policy first nations have been calling for the federal government to adopt for many years. Past amendments have not addressed these wrongs.
In 2012, through a formal exploratory process, options for reform were studied with first nations and indigenous partners who represent non-status first nations. The study concluded Canada should work with first nations to proactively address the issues with registration and membership under the Indian Act.
In 2018 and 2019, the same themes arose during discussions with more representatives from 200 first nations, who told us that Canada must address these issues and fix inequities in registration and citizenship. What is more, first nations and indigenous partners who represent non-status first nations have told us that addressing the existing issues with the Indian Act must happen before communities can regain full control and jurisdiction over membership, registration and citizenship. In other words, partners told us that passing this bill is a necessary step on our path toward restoring full control of membership and community function to indigenous peoples.
This legislation is not proposed unilaterally by the federal government. The solutions proposed in this legislation represent amendments to the act that indigenous peoples have told us are necessary to move past the act and reclaim their sovereignty from colonial systems.
The first, and most significant, amendment we are proposing to this bill addresses the discrimination caused by a family history of enfranchisement. Members will recall enfranchisement was a policy used with the expressed purpose to eradicate indigenous culture and assimilate first nations people.
Just a few examples will give all Canadians a better idea of how enfranchisement was used to segregate and tear first nations families apart. First nations members lost entitlement to registration and membership in their home communities if they wanted to vote in Canadian elections, own land, serve in the Canadian military, marry a non first nations person or keep their children out of residential schools. This last mention should highlight for all just how painful this legacy has been for some.
For some, enfranchisement was involuntary and happened when first nations achieved professional status like becoming a doctor or a lawyer. For others, it was voluntary, by application, severing talented professionals from their heritage. I use the word “voluntary” reluctantly as this was not a real choice. Imagine having to choose between keeping one's connection to one's community and protecting one's children from residential institutions. It is an impossible decision, but it is one the Government of Canada forced many first nations parents to make.
With these false choices, it is no wonder so many people forfeited their status. I have heard many stories from parents who gave up their status without a second thought to spare their children from the same unthinkable traumas and abuse they faced at residential institutions.
With her permission, I can share the story of Kathryn Fournier, who is here with us today, the stories of her grandfather, Maurice Sanderson, a residential school survivor from Pinaymootang First Nation in Manitoba.
Because of provisions in the Indian Act, he was not able to vote or own property unless he enfranchised, meaning he had to give up his right to Indian Act status. In 1922, Maurice made what Kathryn describes as a “strange and difficult choice”. He applied to enfranchise in order to have the same basic rights as other Canadian citizens. As a result, his wife and children were automatically enfranchised as well. Kathryn put it this way, “He made a very difficult choice that shouldn't have been imposed on him in the first place.”
Kathryn's grandfather's and grandmother's assimilation under the policy of enfranchisement may have provided them with some of the rights of Canadian citizenship, but today, generations later, the ripple effects of that policy continue to have negative impacts. The way historic policy erased connection to ancestry and culture continues to be felt. The process of enfranchisement was a deliberate effort by the federal government to colonize and to decrease the numbers of indigenous people who had rights.
Following a pattern of coercion and deception, this proposed legislation continues on Canada's journey to address and amend those decisions of the past that have hurt so many families. Over the last few decades, the government has been trying to reverse these policies by restoring status to first nations who lost it.
In 1985, the government acknowledged enfranchisement was a discriminatory policy, and it was removed from the Indian Act with the introduction of Bill C-31, an act to amend the Indian Act. At this point, people who had been enfranchised could reclaim their status.
The inequity we seek to remedy today is the inability for those with a family history of enfranchisement to transmit status to descendants in the same way that those without an history of enfranchisement are able to.
I ask the hon. members here today: should the family members and descendants of these people continue to be penalized? It is clear that enfranchisement is discriminatory and we need to eliminate all of its residual impacts. To do so, it is proposed that section 6(1)(d) and 6(1)(e) of the Indian Act be repealed.
Individuals currently registered under these categories will have their registration category amended to a 6(1)(a.1) if they were the individual who was enfranchised and (a.3) if they were the child or descendant of the individual who was enfranchised.
The amendment on enfranchisement addresses the concerns brought forward by the Nicholas civil action lawsuit and it will fulfill the recommendations on this issue heard during previous broad engagements. I am proud to acknowledge that Ms. Mary Sandra Lovelace Nicholas is Wolastoqiyik from Tobique (Neqotkuk) First Nation. We are grateful for her courage and trail-blazing as a fellow New Brunswicker.
The second inequity addressed by Bill concerns the ability for individuals to remove their names from the Indian register. The Indian register is the official record of people registered under the Indian Act in Canada. It is maintained and managed by the Indian registrar, part of Indigenous Services Canada, and exists to determine who is registered under the act and entitled to programs and funding across federal and provincial governments, for example, on-reserve housing, non-insured health benefits, education or tax exemptions.
However, there is a major gap in the authorities of the registrar. While they can add names to the Indian register, they have no formal legal authority to remove the names of registered individuals even when the individuals request deregistration. This is an issue that first nations have called on Canada to address and today, with this, we are doing just that.
For some, deregistration is a matter of having control over their own identity. For others, it is a barrier to gaining membership to other indigenous groups. This has prevented a number of people from accessing important services and benefits through a group they wish to identify with that they should be entitled to.
To fix this issue, this legislation will provide individuals with the right and ability to have their names removed from the Indian register.
That said, individuals who deregister will still be eligible to re-register and their decision to deregister will have no impact on their or their descendants' entitlement under the Indian Act.
This means that the children of deregistered individuals would still be entitled to status. It can only be done at the request of the individuals and protections will be made to ensure that it is not used with mal-intent.
In the spirit of reconciliation, the implementation of this amendment will be co-developed with indigenous partners, to ensure that the needs of all impacted groups are well served.
Bill also addresses a sex-based inequity related to band membership provisions. Bill received royal assent in 2017 and eliminated known sex-based inequities in the registration provisions of the Indian Act.
Because of the limited scope of that mandate, however, we were not able to address these sex-based inequities in band membership. This inequity arises from the fact that, until 1985, first nations women who married first nations men from a different nation were automatically transferred to their husband's band list.
While these women did not lose their entitlement to registration, they did lose connection to and membership in their natal band, along with any associated treaty rights, benefits, settlements and services. These women were automatically disconnected from their home communities even if they may have wanted to restore their social and cultural connection to their natal band.
The bill we are proposing today will amend the Indian Act to allow first nations women to seek re-affiliation and membership with their natal bands. This is significant. Supporting and empowering indigenous women is key to supporting indigenous communities, tradition, language and culture as a whole.
The final amendment in Bill addresses some outdated and offensive language that still remains in the Indian Act today. The act refers to “mentally incompetent Indian”. It is obvious that this term is outdated, offensive and stigmatizing.
Bill would replace this term with the updated term “dependent person”. This amendment is a logical step forward and would align the Indian Act with developments in capacity and guardianship law over the last 50 years.
In summary, amendments proposed in this legislation would fix four long-standing issues in registration and membership under the Indian Act relating to enfranchisement, individual deregistration, natal band membership and some outdated and offensive language in the Indian Act.
If all enfranchisement issues are addressed, approximately 3,500 people could be newly eligible for registration with these amendments.
These proposed changes represent significant and meaningful action to the affected people and their families. They also demonstrate to indigenous peoples a steady and forward movement by Canada to make amends to the many ways colonial laws and actions intentionally harmed them and their communities.
Even with these proposed changes, there is still much more work to do. Ahead of us, we have the work of undoing the racist policies reflected in the Indian Act, including those related to the second-generation cut-off.
We are engaging with partners so we can continue to explore how to move forward on this deeply personal issue. Indigenous identity must be determined by indigenous individuals, full stop. It is our responsibility to proactively right historic wrongs and make the changes asked of us by first nations and indigenous partners who represent non-status first nations. This bill would right some of those wrongs.
It is in this way, working together in good faith, that we would advance reconciliation and support a renewed relationship between Canada and first nations, one not marred by the paternalism and control of the Indian Act, but one based on rights, respect, co-operation and true partnership. Woliwon.
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Mr. Speaker, I thank all my colleagues for that support. I think they will find that my friend from northern Saskatchewan has some very insightful and important remarks to share. Despite his allegiance to the Roughriders football team, he is quite a stand-up individual, so I look forward to hearing what he has to say.
Of course, this is a very important piece of legislation, as I mentioned. It is an honour for me to rise today to speak to it, representing the riding of Kenora in northwestern Ontario, which covers three treaty territories, treaties 3, 5 and 9, as well as the Métis homeland, and it includes 42 first nations.
As has been mentioned in the previous remarks and in questions and comments, this legislation would truly help set out a series of fixes. However, it is much more than a simple patchwork and just those fixes. To me, it is about self-determination, and that is obviously a very important aspect of what we are talking about when it comes to reconciliation. It is giving more control and autonomy to first nations and first nations individuals themselves.
Before I get back to the substance of this bill, I want to highlight a key proposal that our Conservative leader has been championing when it comes to self-determination: a first nations resource charge that would, in essence, allow first nations to directly collect revenues from projects on their lands rather than seeing those revenues go to Ottawa and filter back down through a bloated bureaucracy. It is a simple, common-sense approach to ensure that first nations have greater control over projects on their land and a greater portion of the direct revenues. This is one way we will support self-determination. Our consultations on this are ongoing, and I look forward to being able to say more about it in the near future.
I share that because, of course, it is one aspect of self-determination in this bill also, as the bill highlights and addresses four key issues in the Indian Act.
This bill would ensure that individuals with a family history of enfranchisement, which is having to give up Indian status, would be entitled to registration under the act. They could then pass on that entitlement in the same way as others.
Individuals would be allowed to deregister from the Indian register if they chose to do so via an application for removal, without the repercussions of enfranchisement.
As well, an addition would be made to section 11 of the act that would allow married women to return to their natal band if they obtained status and were registered to their spouse's band before April 1985.
The last of the four key points that the bill addresses is to change a lot of outdated and discriminatory language. We have heard some of that language here today. I do not wish to repeat it, but it is something that we are all happy to see being addressed and being removed from the legislation.
This is, of course, part of a series of changes in recent history. We can go back to 1985, which is relatively recent. That was when the process started to remove some of the gender-based discrimination, particularly pertaining to status women who married a non-status men and were involuntarily enfranchised. That is what got the ball rolling in this process. We have heard comments in the chamber about the patchwork and the fact that we have not been able to move forward on addressing all these issues as quickly as we would like to, and I share those concerns.
Although this bill is certainly a great help, and we are happy to see it move forward, as the member for mentioned, it was tabled in December 2022. On this side of the House, we certainly would have liked to see this move forward much more quickly. It has been almost a year. The bill also has many gaps in it, with more things that will have to be addressed at future dates.
Considering that the government sat on the bill for close to a year, I think that would have been a great time to work on some of those other aspects concurrently. We could be much further along at this point.
It is a concerning trend. We have heard from the governing Liberal Party itself that its members are also concerned about this trend of the government not prioritizing indigenous-led pieces of legislation pertaining to indigenous peoples, and I just want to urge the government to make it a priority instead of table-dropping at the last moment.
The has said that there is no relationship more important to his government than that with indigenous peoples, but I think the actions speak louder than words. The fact that it has taken so long to make such relatively simple and straightforward changes is definitely a cause for concern, so I would like to urge my colleagues on the other side to move these pieces of legislation forward much more quickly.
Further to the fact that it has been so long, we have seen the need for unanimous consent motions in order to get things through at the last second, and we have been trying to work in good faith to get as many of these things through as quickly as possible. However, we recognize a need for debate and a need for proper scrutiny and consultation on a number of these pieces of legislation. With the rushed process we have from the government, I do not feel we have that time for the proper consultation.
That is not the only concern. It is not just from the legislative point of view that the government seems to be too slow to react. We see issues on things such as status card processing times. It is taking far too long for many people to be able to actually receive their card and have access to the rights they are entitled to, so again I am happy to see this moving forward. The bill would impact 3,500 individuals, and I hope that all those individuals are able to access their status cards and their rights as quickly as possible.
Again, I would like to urge the government to put the resources that are necessary toward that, cut through the bureaucracy and ensure there are ways we can get that done more quickly.
I was thankful my colleagues chose for me to split my time, but now with great respect to my colleague, I wish I had a bit more, because there is so much to get into when it comes to the piece of legislation before us. However, I think it is important to remember the discriminatory and racist history behind this and the reasons it is so important we move forward on this quickly.
Enfranchisement was truly not voluntary. Even in the cases where it was “voluntary”, it was done so that people could avoid having to send their kids to residential schools, so they were able to participate more fully in Canadian society, obtain the right to vote and obtain land and financial compensation. It was a number of things. This is a process that has been forced on indigenous peoples throughout our history, and I am pleased to see the bill moving forward. We need to move it forward much more quickly on the government's side.
Our party here in the official opposition stands ready to work and ready to get the bill to committee. If there are any changes that need to be made, we will ensure we have those fixes. We will hear from grassroots, first nations and indigenous peoples across the country and get it to the finish line.
I want to urge my colleagues on the other side to work with us, so we can get it done.
:
Mr. Speaker, it is always a pleasure to stand up to speak on behalf of the people who I serve, but one of the things that we do not do in this place is recognize the people who serve us behind the scenes. I want to take a minute today to acknowledge my team, who work tirelessly, without recognition often, to serve not only the people in the House, members of Parliament like myself, but also the people who we represent, in my case specifically those from northern Saskatchewan. I want to take a minute to recognize Linnae and Emalie, who work with me here in Ottawa, and Dion, Hunter and Cindy, who are back in the riding. I want to make sure they know that they are appreciated for the work they do in serving the people that we get to serve.
With those comments out of the way, let us talk about Bill for a few minutes. I appreciate the opportunity that my colleague has presented to me to speak on this very important bill.
Bill is an act that amends the Indian Act to address four separate matters, which we have already heard about from the members who spoke already, but I am going to hit on these just for a few minutes.
First, it addresses the gendered inequity issues that were a result of enfranchisement. I am going to speak a little bit more about that in a few minutes. We have already heard as well that it addresses the issue of natal band reaffiliation. If passed, this legislation would allow women to affiliate with their natal band, or the band they came from before having been forced to change to their husband's band if they were married before 1985.
We have heard about the opportunity through application to deregister from the Indian registry. There is a number of reasons why people might want to do that. I am not going to get into the details of that. Finally, we have heard the conversation already today around replacing offensive and outdated language so that no individual under the act is referred to using any kind of discriminatory or offensive language. That, I think we would say, is a very good thing.
As has been mentioned as well, Bill is the continuation of a series of fixes, fixes that began in 1985 under then prime minister Brian Mulroney, some fixes that carried on in 2011 under then Prime Minister Harper, and finally, Bill , which took from 2017 to 2019 through the Senate bill to make some progress on this.
Each of these pieces of legislation addressed various matters of gender-based discrimination in the act. While it is important to note that we support amendments to ensure that no federal legislation, including the Indian Act, has any discriminatory components to it, we must recognize that these amendments are just that, changes to existing legislation that supports the maintenance of the status quo, a status quo that perpetuates control over first nations people across our country. We cannot simply reverse the damage that these outdated laws have had, but what we can do is to move forward in support of first nations people on their journey to self-determination. Conservatives seek to ensure that we are making positive strides towards truth and reconciliation, and we know how important it is to hold open and honest discussions in doing so.
Since I only have 10 minutes here, I want to spend some time talking about enfranchisement. We have done a bit of that already, but I want to flesh it out a little bit as well.
For those who may not be familiar with the term, enfranchisement was a policy prior to 1985 that terminated an individual's right to be considered as a first nations person or have status under the Indian Act. As the parliamentary secretary, my colleague from Kenora, already identified, this could be done voluntarily or it could be done involuntarily. When we think of involuntary registration, as mentioned, it could be because they received a university degree, joined the medical or legal professions, married a non-Indian man or became a priest or a minister.
We have heard as well that there were a number of reasons for voluntary enfranchisement, although we use the term “voluntary” in this case when it does not seem like it was really of their own free will. Rather, other factors forced it upon them. Some, as already identified, gave up their status for the sole purpose of preventing their children from having to attend residential schools. World War II veterans voluntarily enfranchised to obtain the same essential benefits that other non-status veterans were provided. Some did so just to have the right to vote.
If we look at those examples of voluntary enfranchisement, it does not really seem like it was a matter of personal choice but maybe more a sacrifice of rights, or something that they were forced into, to protect members of their family or others.
Bill seeks to address some remaining gender-based inequities that were a result of this unequal reinstatement of status in 1985. In short, women who were enfranchised and later reinstated were placed in a different category than men in the same circumstances. Because of this, first nations women could not pass down status or rights to the same number of generations as first nations men could. This is something that this bill addresses. It has a ripple effect because it affects the descendants of these people as well.
I would like to encourage members of the House to talk to people and hear their stories. We have heard a couple already today, but they should talk to the people who have been affected by enfranchisement. I have heard many of these, and I am going to quickly share one story.
My team and I met with a Professor Karl Hele, a member of Garden River First Nation and a professor in Canadian indigenous studies. His personal experience with enfranchisement is not unfamiliar to many others. His mother and many other women in their community were targeted and coerced by an Indian agent to voluntarily enfranchise. This resulted in an unfair exclusion of their rights and those of her descendants.
To access his child's rights, Professor Hele had no other choice but to pursue legal action, which came at a hefty cost, both in time and resources, which is an option that many people do not have. This case highlights how the Indian Act gatekeepers have historically been, and continue to be, much of the problem.
It is little wonder that first nations people in Canada feel there is an Ottawa-led system, which feels broken. We need to fix it. I believe we need to acknowledge, despite amending the act, there still needs to be a change in how first nations issues are approached. This means acknowledging the failure in the cumbersome bureaucracy that is meant to support first nations, but instead often creates significant barriers.
The population of my riding is over 70% indigenous, and my team deals with the endless frustrations of individuals trying to either access their right to status, respond to other requests of maybe a financial nature or even access appropriate health services. Our office has been dealing with one individual who has been denied status time and time again. However, the bigger issue is not the denial of status, but that this individual has been given a variety of excuses for the denial, which contrast with their family story, and where other members of the family have been granted status under the same circumstances.
It seems as though this case has been passed around the department without a care or concern for the provision of an honest answer. That is unacceptable. In one of the calls with my office, this gentleman finally expressed his frustration and disappointment, and that he is going to give up because he believes he is going to die before this ever gets resolved. That is a very sad story.
What this story tells us is that we cannot accept simple amendments to the Indian Act as a means to an end. We can reshape the tool as many times as we like, but if we do not fix the mechanism, there will never be a fix for the problem.
Our Conservative team is determined to address this problem. In fact, we are proposing steps to do that. My friend from has already addressed one of those, in relation to our leader proposing the first nations resource charge and our plan for that.
The goal of the federal government should be to work with indigenous leadership to put the control of their communities back into their hands. While the hope for Bill is to address this to some degree and to respond to a constitutional challenge on enfranchisement, it is merely a small step in the long journey to self-determination.
We have a lot of work to do, and as Canada moves forward on eliminating the Indian Act, the “Ottawa knows best” mentality has got to go.
It is imperative that we recognize the rights and freedoms of first nations people across our country. They know what is good for them. They know what needs to be done. They have already taken many of the steps necessary by investing in projects and businesses, and creating prosperity and employment. They are focused on increasing capacity, and they are generating opportunities that will pay dividends for generations to come.
It is important that the government no longer stands in their way, and that we ensure that first nations are the decision-makers controlling their own destiny. We recognize that this is the only way forward, and although it will have its challenges, Conservatives are not afraid of a challenge.
In closing, let me simply say, under the leadership of a Conservative government, I would be very hopeful for the future of our first nations people across this country. I am personally very eager to see meaningful change.