Bill C-15: An Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples

Senate

Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples

Senate Committee Appearance – May 31, 2021

Opening Remarks – 6 minutes

Minister of Justice

May 2021

Hello, I want to begin by acknowledging that I am joining you from the traditional territory of the Algonquin nation. I appreciate the opportunity to be here today to continue our discussion on Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples.

Since Minister Bennett and I appeared here on May 7, 2021, you have had the opportunity to study the Bill and hear the views of many witnesses, including academics, legal and policy experts and Indigenous leaders, including those representing Indigenous youth. These witnesses have provided you with a variety of perspectives, some of whom expressed support for the Bill and others that did not.

Today, I would like to focus on looking ahead and outline how I believe Bill C-15 can help structure collaborative and respectful dialogue with Indigenous peoples and establish concrete measures that can help us move forward together.

Throughout the parliamentary process, there has been a lot of emphasis on free, prior and informed consent. As I have consistently explained, and will reiterate again – free, prior and informed consent is a process of meaningful participation that involves Indigenous peoples from the outset to inform, and even influence, government decision-making processes. While the process does not remove or replace Government authority to make decisions, it does inform how that authority should be exercised.

Canadian courts have and continue to provide guidance with respect to what makes consultation processes meaningful. We are learning and building on two decades of jurisprudence and so we are not starting from scratch. In fact, in addition to judicial guidance we also have many examples of creative and innovative approaches to draw from and that will help guide us as we move forward.

In recent years, the Government of Canada has taken steps to improve consultation and engagement processes in various contexts, including in the natural resources sector through legislation like the Impact Assessment Act.

A number of witnesses have spoken eloquently about other approaches, including co-management boards in the North and modern treaty arrangements, each of which offer effective and consensus based processes for decision making.

At the same time, it is imperative that we remember and recognize that the Declaration is a human rights instrument. It’s scope includes, but also goes well beyond, sustainable economic and resource development. We must not limit our view of the Declaration to only one of its elements, as this would do a disservice to the Declaration and what it stands for – affirming and recognizing Indigenous peoples’ human rights. The Declaration is about a full range of economic, social, cultural, political and civil rights that are essential to the dignity and well-being of Indigenous peoples. It is about addressing the legacies of colonialism and the systemic racism and discrimination faced by Indigenous peoples.

Despite constitutional recognition and affirmation of Aboriginal and treaty rights, and the human rights protections of the Canadian Charter of Rights and Freedoms and federal and provincial human rights codes, the evidence is clear. While there are many stories of innovation and success across First Nations, Métis and Inuit communities, the pervasiveness of disadvantage, prejudice and racism faced by Indigenous peoples is well-documented. A range of investigations and inquiries have reached similar conclusions, such as the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Truth and Reconciliation Commission’s Calls to Action, the Government of Québec’s public inquiry – the Viens Commission – on discriminatory practices in the delivery of services, and countless reports including the recent report by Dr. Mary Ellen Turpel-Lafond, In Plain Sight, which highlights the racism and discrimination that Indigenous peoples face in British Columbia’s healthcare system, and international reports on Canada’s human rights situation such as the United Nations Human Rights World Report 2020. As a country, we can do better.

It will not be easy and will take time, but implementing the Declaration as a framework for a wide range of concrete measures to advance reconciliation, will help us get there. For example, the Government of Canada will continue its work on Indigenous health and policing legislation, addressing the systemic discrimination and overrepresentation of Indigenous people in Canada’s justice system through an Indigenous Justice Strategy, and ongoing negotiations through Recognition of Indigenous Rights and Self-Determination tables.

Ultimately, Bill C-15 is about legislating our commitment towards advancing reconciliation and affirming Indigenous peoples’ human rights. It offers a structured and systematic approach to working collaboratively and respectfully on measures to implement the Declaration in Canada. Such work, over time, will help build relationships built on trust, transparency and legitimacy.

This is why – as you heard from many witnesses – it is important to pass this legislation without delay. We heard calls from the National Leaders of the Assembly of First Nations, the Métis National Council and Inuit Tapiriit Kanatami, among others, to proceed with urgency and pass Bill C-15.

Senators, it is the collaborative work following Royal Assent where real progress on achieving the Declaration’s objectives will be made. It is time to turn the page and begin the next chapter in our reconciliation journey, making Canada a better country for all.

Thank you.