Proceedings of the Standing Senate Committee on
Aboriginal Peoples

Issue 57 - Minutes of Proceedings - June 12, 2019


OTTAWA, Wednesday, June 12, 2019
(130)

The Standing Senate Committee on Aboriginal Peoples met this day at 12:02 p.m., in room B45, Senate of Canada Building, the chair, the Honourable Lillian Eva Dyck, presiding.

Members of the committee present: The Honourable Senators Christmas, Coyle, Deacon (Ontario), Doyle, Dyck, Francis, LaBoucane-Benson, Lovelace Nicholas, MacDonald, McCallum, McInnis, Miville-Dechêne, Ngo, Pate, Patterson, Simons, Sinclair and Tannas (18).

In attendance: Maxime Fortin, Procedural Clerk, Senate Committee Directorate; Marlisa Tiedemann and Brittany Collier, Analysts, Parliamentary Information and Research Services, Library of Parliament.

Also present: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Monday, May 27, 2019, the committee continued its examination of Bill C-91, An Act respecting Indigenous languages. (For complete text of the order of reference, see proceedings of the committee, Issue No. 55.)

WITNESSES:

Canadian Heritage:

Hélène Laurendeau, Deputy Minister;

Mélanie Théberge, Policy and Research Manager, Indigenous Languages Legislation, Citizenship, Heritage and Regions Sector;

Suzie Bérard, Counsel, Legal Services.

It was agreed to continue with clause-by-clause consideration of Bill C-91, An Act respecting Indigenous languages.

Resuming debate on clause 7, it was agreed, with leave, that the motion in amendment of the Honourable Senator Patterson be withdrawn.

The Honourable Senator Patterson moved:

That Bill C-91 be amended in clause 7, on page 6,

(a) by replacing line 1 with the following:

"7 (1) The Minister must consult with a variety of Indigenous''; and

(b) by adding the following after line 6:

"(2) In this section, adequate and sustainable funding is determined having regard to:

(a) the number of persons composing the Indigenous language population of an area;

(b) the use and vitality of the Indigenous language; and

(c) the objective of the reclamation, revitalization, maintenance or strengthening of all the Indigenous languages of Canada in an equitable manner.''.

After debate, the officials were called to the table to answer questions from time to time.

The Honourable Senator Sinclair moved that the motion in amendment be amended by adding the following:

"a balancing of the following factors'' after the words "having regard to:''

After debate, it was agreed that the motion in amendment stand postponed.

The chair asked whether clause 8 shall carry.

The Honourable Senator Patterson moved:

That Bill C-91 be amended in clause 8, on page 6, by replacing line 11 with the following:

"arrangements with them for purposes such as providing Indigenous language programs and services in relation to education, health and the administration of justice — to coordinate efforts to effi-''.

After debate, the question being put on the motion in amendment, it was adopted.

The Honourable Senator Sinclair moved:

That Bill C-91 be amended in clause 8, on page 6, by replacing lines 16 and 17 with the following:

"tions of Indigenous governing bodies.''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 8, as amended, carry.

The chair asked whether clause 9 shall carry.

The Honourable Senator Sinclair moved:

That Bill C-91 be amended in clause 9, on page 6, by replacing lines 24 and 25 with the following:

"of Indigenous governing bodies, the Minister and an appropriate Minister may''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 9, as amended, carry.

It was agreed that clause 10 carry.

Before the chair called clause 11, the Honourable Senator Sinclair moved:

That Bill C-91 be amended, on page 7, by adding before line 7 the following:

Access to services in Indigenous languages

10.1 A federal institution or its agent or mandatary may, in accordance with the regulations, provide access to services in an Indigenous language, if the institution or its agent or mandatary has the capacity to do so and there is sufficient demand for access to those services in that language.

Agreements or arrangements

10.2 (1) An agreement or arrangement may be entered into under section 8 or 9 for the purpose of allowing a federal institution or its agent or mandatary to provide access to services in an Indigenous language.

Inconsistency or conflict

(2) In the event of any inconsistency or conflict between an agreement or arrangement referred to in subsection (1) and the regulations made under paragraph 45(1)(a.2), the agreement or arrangement prevails to the extent of the inconsistency or conflict.

After debate, the question being put on the motion in amendment that new clause 10.1 and new clause 10.2 carry, it was adopted.

The chair asked whether clause 11 shall carry.

The Honourable Senator Patterson moved:

That Bill C-91 be amended in clause 11, on page 7,

(a) by replacing line 9 with the following:

"into an Indigenous language;''; and

(b) by replacing line 12 with the following:

"federal institution's activities; or

(c) the delivery of federal programs and services to be made using an Indigenous language in geographic areas where the number of speakers of that language warrant.''.

After debate, the Honourable Senator Sinclair moved that the motion in amendment be amended by the following:

That Bill C-91 be amended in clause 11, on page 7, by replacing line 12 with the following:

"federal institution's activities; or

(c) the delivery of federal programs and services to be made using an Indigenous language in geographic areas where the number of speakers of that language warrant.''.

After debate, the question being put on the motion in amendment, as amended, it was adopted.

It was agreed that clause 11, as amended, carry.

It was agreed that clauses 12 to 22 carry.

The chair asked whether clause 23 shall carry.

The Honourable Senator Patterson moved:

That Bill C-91 be amended in clause 23,

(a) on page 9, by replacing line 14 with the following:

"23 (1) The mandate of the Office is to''; and

(b) on page 10, by adding the following after line 9:

"(2) In fulfilling its mandate, the Office must, where appropriate, consult and coordinate with any provincial or territorial entity that is responsible for the promotion, revitalization or protection of indigenous languages.''.

After debate, the Honourable Senator Sinclair moved that the motion in amendment be amended by adding "Indigenous'' in front of provincial or territorial entity.

After debate, it was agreed that the motion in amendment stand postponed.

The chair asked whether clause 24 shall carry.

The Honourable Senator Sinclair moved:

That Bill C-91, be amended in clause 24, on page 10, by replacing line 26 with the following:

"that contributed to that research or study. Subject to any law, the office''

After debate, the question being put on the motion in amendment, it was adopted.

The chair asked whether clause 24, as amended, shall carry.

The Honourable Senator Sinclair moved:

That Bill C-91, be amended in clause 24, on page 10, by replacing lines 34 to 36 with the following:

"use the research or study free of charge for the purpose of reclaiming, revitalizing, maintaining or strengthening Indigenous languages. Subject to any law, the''.

The question being put on the motion in amendment, it was adopted.

It was agreed that clause 24, as amended, carry.

It was agreed that clauses 25 to 44 carry.

The chair asked whether clause 45 shall carry.

The Honourable Senator Sinclair moved:

That Bill C-91, be amended in clause 45, on page 18, by adding after line 14 the following:

"(a.2) for the purpose of section 10.1,

(i) specifying the services to which access may be provided in an Indigenous language and the region in which a federal institution or its agent or mandatary may provide access to those services in that language,

(ii) defining the expression "provide access to services'', and

(iii) defining the expressions "capacity'' and "demand'' and specifying the circumstances in which a federal institution or its agent or mandatary has the capacity to provide access to services in an Indigenous language and those in which demand for access to services in that language is sufficient;''.

After debate, the question being put on the motion in amendment, it was adopted.

The chair asked whether clause 45, as amended, shall carry.

The Honourable Senator Sinclair moved:

That Bill C-91, be amended in clause 45, on page 18, by adding after line 19 the following:

"Distinctions-based approach

(2) The regulations made under paragraph (1)(a.2) may provide definitions and requirements that vary depending on

(a) the Indigenous language in question;

(b) the use and vitality of that language;

(c) the unique circumstances and needs of an Indigenous group, community or people that uses that language;

(d) the region where that language is used; and

(e) the federal institution or its agent or mandatary that may provide access to services in that language.''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 45, as amended, carry.

It was agreed that clauses 46 to 49 carry.

The chair asked whether clause 49.1 shall carry.

The Honourable Senator Sinclair moved:

That Bill C-91 be amended in clause 49.1, on page 19,

(a) by replacing line 32 with the following:

"49.1 As soon as feasible after the third anniversary of the''; and

(b) by replacing line 34 with the following:

"subsequent third anniversary, a review of this Act and of''.

After debate, the question being put on the motion in amendment, it was adopted.

Before the chair asked whether clause 49.1, as amended, shall carry, the Honourable Senator Coyle moved:

That Bill C-91 be amended on page 20, by adding after line 2 the following:

"Review — Inuktut in Nunavut

49.2 (1) No later than the third anniversary after the day on which this subsection comes into force, the Minister must prepare — in consultation with Inuit organizations and Indigenous governing bodies in Nunavut — a report on the availability and quality of federal government services provided in Inuktut in Nunavut.

(2) The report must set out the Minister's findings, conclusions and recommendations as well as provide a summary of the consultations that took place in accordance with subsection (1).

(3) The Minister must cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.''.

After debate, the Honourable Senator Sinclair moved that the motion in amendment be amended by replacing the words "Nunavut'' with the word "Canada''.

After debate, the question being put on the subamendment, it was adopted.

After debate, the question being put on the motion in amendment, as amended, it was adopted.

It was agreed that new clause 49.2, as amended, carry.

It was agreed that clause 50 carry.

It was agreed that clause 1, which contains the short title, carry.

Resuming debate on the motion in amendment to clause 23 of the Honourable Senator Patterson and the subamendment of the Honourable Senator Sinclair:

That Bill C-91 be amended in clause 23,

(a) on page 9, by replacing line 14 with the following:

"23 (1) The mandate of the Office is to''; and

(b) on page 10, by adding the following after line 9:

"(2) In fulfilling its mandate, the Office must, where appropriate, consult and coordinate with any Indigenous provincial or territorial entity that is responsible for the promotion, revitalization or protection of indigenous languages.''.

The question being put on the motion in amendment, as amended, it was adopted.

It was agreed that clause 23, as amended, carry.

The chair asked whether the preamble shall carry.

The Honourable Senator Patterson moved:

That Bill C-91 be amended in the preamble, on page 2, by adding the following after line 12:

"Whereas Inuktut is the first language of Inuit Nunangat and is the first language of the the majority of Inuit Nunangat residents and the Government of Canada is committed to maintaining, revitalizing and promoting Inuktut;''.

After debated, the question being put on the motion in amendment, it was adopted.

It was agreed that the preamble, as amended, carry.

It was agreed that the title carry.

Resuming debate on the motion in amendment to clause 7 of the Honourable Senator Patterson and the subamendment of the Honourable Senator Sinclair:

That Bill C-91 be amended in clause 7, on page 6,

(a) by replacing line 1 with the following:

"7 (1) The Minister must consult with a variety of Indigenous''; and

(b) by adding the following after line 6:

"(2) In this section, adequate and sustainable funding is determined having regard to a balancing of the following factors:

(a) the number of persons composing the Indigenous language population of an area;

(b) the use and vitality of the Indigenous language; and

(c) the objective of the reclamation, revitalization, maintenance or strengthening of all the Indigenous languages of Canada in an equitable manner.''.

The question being put on the motion in amendment, as amended, it was adopted.

It was agreed that clause 7, as amended, carry.

It was agreed that the bill, as amended, carry.

It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical, numerical and typographical changes and adjustments to the amendments adopted by the committee.

It was agreed that Bill C-91 be reported, with amendments, to the Senate.

At 1:31 p.m., the committee suspended.

At 1:39 p.m., the committee resumed.

At 1:43 p.m., pursuant to the order of reference adopted by the Senate on Monday, June 10, 2019, the committee began its examination Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families.

WITNESSES:

Indigenous Services Canada:

Isa Gros-Louis, Director General, Child and Family Services Reform;

Marcus Léonard, Social Policy Researcher, Child and Family Services Reform.

Department of Justice Canada:

Michelle Smith, General Cousel, Director.

The officials were called to the table to answer questions from time to time.

It was agreed to proceed to clause-by-clause consideration of Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families.

It was agreed that the title stand postponed.

It was agreed that the preamble stand postponed.

It was agreed, with leave, to group clauses for which there are no amendments.

The chair asked whether clause 1 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 1, on page 3, by replacing line 10 with the following:

"longs, but does not include a foster parent. (fournisseur de soins)''.

After debate, the amendment was withdrawn, with leave.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 1, on page 3, by replacing lines 11 to 13 with the following:

"child and family services means services to protect children from maltreatment and to assist families in safely caring for their children, including primary, secondary and tertiary prevention services, child protection services, guardianship, post-majority care and adoption.''.

After debate, the amendment was withdrawn, with leave.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 1, on page 3, by replacing line 13 with the following:

"ly intervention services, child protection services, adoption services, reunification services and post-majority transition services.''.

After debate, the Honourable Senator LaBoucane-Benson moved that the motion in amendment be amended by replacing it with the following:

"children and families, which could include prevention services, early intervention services, child protection services, adoption services, reunification services and post-majority transition services.''.

After debate, it was agreed that the subamendment stand postponed.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 1, on page 3, by adding the following after line 34:

"maltreatment includes all forms of physical, sexual or psychological abuse, harassment, exploitation, exposure to domestic violence and neglect. (maltraitance)''.

After debate, it was agreed that the motion in amendment stand postponed.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 1, on page 3, by adding the following after line 36:

"parent means a person who has custody or guardianship of the child. (parent — mère ou père — )

prenatal means a voluntary service provided to a parent prior to the child's birth that is intended to prevent child maltreatment and promote family well-being. (prénatal)

substantive equality means true equality in outcomes achieved through equal access, equal opportunity, accommodation and the provision of services and benefits in a manner and according to standards that meet any unique needs and circumstances, such as cultural, social, economic, geographical and historical disadvantage. (égalité réelle)''.

After debate, it was agreed that the motion in amendment stand postponed.

It was agreed that clause 1 stand postponed.

It was agreed that clause 2 to 3 carry.

The chair asked whether clause 4 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 4, on page 4, by replacing lines 15 to 18 with the following:

"4 If there is a conflict or inconsistency between the provisions of this Act and the provisions of provincial or territorial legislation relating to child and family services, and the provisions of the provincial or territorial legislation provide a level of protection for Indigenous children that meets or exceeds the level of protection provided for by the provisions of this Act, the provisions of the provincial or territorial law prevail to the extent of the conflict or inconsistency.''

After debate, the Honourable Senator LaBoucane-Benson moved that the motion in amendment be amended by the following:

That Bill C-92 be amended in clause 5, on page 4, by adding after line 21 the following:

"5.1 If there is a conflict or inconsistency between the provisions of this Act and the provisions of Nunavut legislation relating to child and family services, and the provisions of the Nunavut legislation provide a level of services that meets or exceeds the level of services provided for by the provisions of this Act, the provisions of the Nunavut legislation prevail to the extent of the conflict or inconsistency.''.

After debate, it was agreed that the subamendment stand postponed.

It was agreed that clause 4 stand postponed.

It was agreed that clause 5 carry.

The Honourable Senator McCallum moved:

That Bill C-92 be amended on page 4 by adding after line 21 the following:

"Application

5.1 (1) Taking into account the Memorandum of Understanding referred to in subsection (2), this Act does not apply to any member of a First Nation whose habitual residence is in Manitoba.

(2) It is recognized that Her Majesty in right of Canada, in order to meet the unique humanitarian crisis of child apprehension in the province of Manitoba, entered into a Memorandum of Understanding with the Assembly of Manitoba Chiefs on December 7, 2017, which includes a commitment to participate in joint discussions to improve the well-being of First Nations children, youth and families within the context of child and family services.''.

After debate, the amendment was withdrawn, with leave.

At 3:32 p.m., the committee suspended.

At 3:47 p.m., the committee resumed.

It was agreed that clause 6 and 7 carry.

The chair asked whether clause 8 shall carry.

The Honourable Senator Christmas moved:

That Bill C-92 be amended in clause 8, on page 4, by replacing line 27 with the following:

"(a) affirm the inherent rights and jurisdiction of Indigenous''.

After debate, the Honourable Senator Christmas moved that the motion in amendment be amended by replacing it with the following:

"(a) affirm the inherent right of self-government, which includes jurisdiction in relation to child and family services;''.

After debate, it was agreed that the subamendment stand postponed.

It was agreed that clause 8 stand postponed.

The chair asked whether clause 9 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 9, on page 5, by replacing line 20 with the following:

"(c) a child's best interests are often promoted when the''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 9, as amended, carry.

The chair asked whether clause 10 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 10,

(a) on page 6, by deleting lines 35 to 42; and

(b) on page 7, by replacing lines 1 to 31 with the following:

"(2) Subsection (1) is to be construed in relation''.

After debate, the amendment was withdrawn, with leave.

Resuming debate on the motion in amendment of the Honourable Senator Patterson to clause 1, page 3, line 34.

After debate, the amendment was withdrawn, with leave.

After debate, it was agreed that clause 1 stand postponed.

It was agreed that clause 10 and 11 carry.

The chair asked whether clause 12 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 12, on page 8,

(a) by replacing line 14 with the following:

"significant measure being contemplated to the child's parent and the care provider, as''; and

(b) by replacing lines 20 to 26 with the following:

"(2) The service provider must, to the extent possible, ensure that the notice provided to an Indigenous governing body under subsection (1) does not contain personal information about the child, a member of the child's family or the care provider other than that which is necessary to convey information about the measure.

(3) Every Indigenous governing body must appoint a privacy officer to receive the notice under subsection (1) and to ensure that all personal information is treated in a manner that complies with applicable laws respecting privacy and the protection of personal information.''.

After debate, the amendment was withdrawn, with leave.

It was agreed that clause 12 carry.

The chair asked whether clause 13 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 13, on page 8,

(a) by replacing line 30 with the following:

"(a) the child's parents or other familial provider of care for the child, as defined by the Indigenous group, community or people, and the child and family services provider have the'';

(b) by replacing line 32 with the following:

"tus;''; and

(c) by replacing line 36 with the following:

"tions and delegate that right at their discretion; and

(c) the child, if the child is 12 years of age or older, has the right to make representations and to have party status.''.

After debate, the amendment was withdrawn, with leave.

It was agreed that clause 13 carry.

The chair asked whether clause 14 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 14, on page 9, by adding the following after line 2:

"(1.1) A health care facility, health care provider or social worker must demonstrate that services that promote preventive care have been provided to support the child's family and to serve the best interests of the child before any action can be taken to remove the child from its family.

(1.2) Within 24 hours after receiving documentation that could lead to an intervention by the service provider, a health care facility, health care provider or social worker must notify the child's family and the service provider must not proceed with any intervention unless he or she can demonstrate that preventive care measures to prevent the removal of the child from his or her family have been explored and exhausted.''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 14, as amended, carry.

The chair asked whether clause 15 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 15, on page 9, by replacing lines 9 to 15 with the following:

"15 (1) An Indigenous child must not be removed from his or her family and placed solely on the basis of, or as a result of, his or her socio-economic conditions, including poverty or lack of adequate housing or infrastructure.

(2) If an Indigenous child is at risk of being placed on this basis, positive measures must be taken to remediate any neglect related to the lack of financial means of the child's parent or care provider.''.

After debate, the Honourable Senator Tannas moved that the motion in amendment be amended with the following:

That Bill C-92 be amended on page 9 by adding the following after line 15:

"15.1 If an Indigenous child is at risk of being placed on this basis, positive measures must be taken to remediate any neglect related to the financial means of the child's parent or care provider.''.

After debate, the Honourable Senator Sinclair moved that the motion in amendment be further amended with the following:

That Bill C-92 be amended on page 9 by adding the following after line 15:

"15.1 If an Indigenous child is at risk of being placed on the basis of or as a result of his or her socio-economic conditions, including poverty or lack of adequate housing or infrastructure, positive measures must be taken to remediate any neglect related to the socio-economic conditions of the child's parent or care provider.''.

After debate, it was agreed that the subamendments stand postponed.

It was agreed that clause 15 stand postponed.

It was agreed that clauses 16 to 19 carry.

Before the chair called clause 20, the Honourable Senator Patterson moved:

That Bill C-92 be amended on page 11, by adding the following after line 2:

"19.1 (1) Unless another forum is specified in an applicable indigenous law, all proceedings under this Act are to proceed in a provincial or territorial court that normally hears proceedings in relation to the protection and placement of children.

(2) For greater certainty, any matter that involves the application of the provisions of this Act may be heard in a provincial or territorial court referred to in subsection (1).

(3) Nothing in this Act confers any jurisdiction on the Federal Court of Canada in respect of proceedings relating to child and family services.''.

The Honourable Senator Sinclair moved that the motion in amendment be amended with the following:

That Bill C-92 be amended on page 11, by adding the following after line 2:

"19.1 (1) Unless another forum is specified in an applicable indigenous law, all proceedings under this Act are to proceed in the court that normally hears proceedings in relation to the protection and placement of children.

(2) For greater certainty, any matter that involves the application of the provisions of this Act may be heard in the court referred to in subsection (1).

(3) Nothing in this Act confers any jurisdiction on the Federal Court of Canada in respect of proceedings relating to child and family services.''.

After debate, it was agreed that subamendment stand postponed.

The chair asked whether clause 20 shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 20, on page 11, by replacing line 14 with the following:

"the legislative authority respecting any matter that may be provided for in regulations made under section 32, as well as, among other things,''.

After debate, the amendment was withdrawn, with leave.

The Honourable Senator Christmas moved:

That Bill C-92 be amended in clause 20,

(a) on page 11, by adding the following after line 28:

"(2.1) In negotiating a coordination agreement under subsection (2), the Minister must consider the following principles:

(a) the agreement should fulfill the purposes and principles of this Act;

(b) fiscal arrangements referred to in paragraph (2)(c) should provide for adequate funding to cover the actual costs of

(i) child and family services, including core and operational costs and capital funding, and

(ii) the development of Indigenous laws and any supporting institutions and services required to enable the Indigenous governing body to exercise its legislative authority in relation to child and family services;

(c) any provision for funding provided under the agreement should be periodically reviewed and adjusted to account for inflation, demographic changes, changes in the needs of children and families and any unforeseen community emergencies that place higher numbers of children and families in need of child and family services; and

(d) the agreement should reflect any recommendations contained in the report referred to in subsection 31(3).''; and

(b) on page 12, by replacing lines 8 to 14 with the following:

"(5) A dispute resolution mechanism provided for by regulations made under section 32 may be used

(a) to promote entering into a coordination agreement if the Indigenous governing body, the Minister and the government of each of those provinces have made reasonable efforts to enter into a coordination agreement but did not enter into a coordination agreement; and

(b) if a dispute arises in relation to an existing coordination agreement entered into under subsection (2).''.

After debate, the amendment was withdrawn, with leave.

At 5:28 p.m., the committee suspended.

At 5:52 p.m., the committee resumed.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 20, on page 12, by adding the following after line 7:

"(4.1) If two or more Indigenous groups, communities or peoples have entered into an agreement with respect to the provision of child and family services, any Indigenous governing body acting on behalf of an Indigenous group, community or people that is party to that agreement that undertakes negotiations with a government to enter into a coordination agreement must provide notice of those negotiations to each Indigenous group, community or people that is party to the original agreement.

(4.2) For greater certainty, subsection (4.1) does not prohibit any Indigenous groups, communities or peoples from entering into new agreements with one another with respect to the provision of child and family services.''.

After debate, the amendment was withdrawn, with leave.

It was agreed that clauses 20 to 30 carry.

Before the chair asked whether clause 31 shall carry, the Honourable Senator Patterson moved:

That Bill C-92 be amended on page 15, by adding the following after line 27:

"30.1 (1) The Minister must establish an advisory committee to advise and assist the Minister on matters concerning child and family services that relate to Indigenous children and to individuals to whom those services are provided.

(2) The mandate of the advisory committee is to

(a) review child and family services matters that the Minister may refer to it;

(b) advise and assist the Minister in his or her role under section 27; and

(c) report to the Minister on the progress on measures taken under this Act.

(3) Within two years after the coming into force of this Act, and every year after that, the advisory committee must prepare and submit a report to the Minister on its activities and findings, the operation of this Act and any other matter that it considers relevant.

(4) The Minister must include the advisory committee's report in his or her report on the review prepared under section 31.''.

The Honourable Senator Patterson moved that the motion in amendment be amended by replacing it with the following:

That Bill C-92 be amended on page 15, by adding the following after line 27:

"30.1 (1) The Minister must establish an advisory committee, in consultation with Indigenous governing bodies, to advise and assist the Minister on matters concerning child and family services that relate to Indigenous children and to individuals to whom those services are provided.

(2) Within two years after the coming into force of this Act, and every year after that, the advisory committee must prepare and submit a report to the Minister on its activities and findings, the operation of this Act and any other matter that it considers relevant.

(3) The Minister must include the advisory committee's report in his or her report on the review prepared under section 31.''.

After debate, it was agreed that subamendment stand postponed.

The chair asked whether clause 31 carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in clause 31, on page 15, by adding the following after line 32:

"(1.1) When undertaking the review, the Minister must specifically study the adequacy and methods of funding and assess whether the funding has been sufficient to support the needs of Indigenous children and their families.''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that clause 31, as amended, carry.

It was agreed that clauses 32 to 35 carry.

The chair asked whether the preamble shall carry.

The Honourable Senator Patterson moved:

That Bill C-92 be amended in the preamble, on page 2, by replacing line 4 with the following:

"needs of Indigenous elders, parents, youth, children, per-''.

After debate, the question being put on the motion in amendment, it was adopted.

The Honourable Senator Pate moved:

That Bill C-92 be amended in the preamble, on page 2, by replacing line 32 with the following:

"in relation to Indigenous children and young adults, including post-majority care;''.

After debate, the question being put on the motion in amendment, it was adopted.

It was agreed that the preamble, as amended, carry.

It was agreed that the title carry.

Resuming debate on the subamendment of the Honourable Senator LaBoucane-Benson:

That Bill C-92 be amended in clause 1, on page 3, by replacing lines 12 and 13 with the following:

"children and families, which could include prevention services, early intervention services, child protection services, adoption services, reunification services and post-majority transition services.''.

The question being put on the motion in amendment, as amended, it was adopted.

Resuming debate on the motion in amendment of the Honourable Senator Patterson:

That Bill C-92 be amended in clause 1, on page 3, by adding the following after line 36:

"parent means a person who has custody or guardianship of the child. (parent — mère ou père — )

prenatal means a voluntary service provided to a parent prior to the child's birth that is intended to prevent child maltreatment and promote family well-being. (prénatal)

substantive equality means true equality in outcomes achieved through equal access, equal opportunity, accommodation and the provision of services and benefits in a manner and according to standards that meet any unique needs and circumstances, such as cultural, social, economic, geographical and historical disadvantage. (égalité réelle)''.

After debate, the amendment was withdrawn, with leave.

It was agreed that clause 1, as amended, carry.

Resuming debate on the subamendment of the Honourable Senator LaBoucane-Benson:

That Bill C-92 be amended in clause 4, on page 4, by replacing lines 15 to 18 with the following:

"5.1 If there is a conflict or inconsistency between the provisions of this Act and the provisions of Nunavut legislation relating to child and family services, and the provisions of the Nunavut legislation provide a level of services that meets or exceeds the level of services provided for by the provisions of this Act, the provisions of the Nunavut legislation prevail to the extent of the conflict or inconsistency.''.

The question being put on the motion in amendment, as amended, it was adopted.

It was agreed that clause 4, as amended, carry.

Resuming debate on the subamendment of the Honourable Senator Christmas:

That Bill C-92 be amended in clause 8, on page 4, by replacing lines 27 and 28 with the following:

"(a) affirm the inherent right of self-government, which includes jurisdiction in relation to child and family services;''.

The question being put on the motion in amendment, as amended, it was adopted.

It was agreed that clause 8, as amended, carry.

Resuming debate on the subamendment of the Honourable Senator Sinclair:

That Bill C-92 be amended in clause 15, on page 9 by adding the following after line 15:

"15.1 If an Indigenous child is at risk of being placed on the basis of or as a result of his or her socio-economic conditions, including poverty or lack of adequate housing or infrastructure, positive measures must be taken to remediate any neglect related to the socio-economic conditions of the child's parent or care provider.''.

The question being put on the motion in amendment that new clause 15.1, as amended, carry, it was adopted.

It was agreed that clause 15, as amended, carry.

Resuming debate on the subamendment of the Honourable Senator Sinclair:

That Bill C-92 be amended in clause 19, on page 11, by adding the following after line 2:

"19.1 (1) Unless another forum is specified in an applicable indigenous law, all proceedings under this Act are to proceed in the court that normally hears proceedings in relation to the protection and placement of children.

(2) For greater certainty, any matter that involves the application of the provisions of this Act may be heard in the court referred to in subsection (1).

(3) Nothing in this Act confers any jurisdiction on the Federal Court of Canada in respect of proceedings relating to child and family services.''.

The question being put on the motion in amendment that new clause 19.1, as amended, carry, it was adopted.

After debate, it was agreed that observations be appended to the committee report on the bill.

It was agreed that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report talking into consideration today's discussion and with any necessary editorial, grammatical or translation changes as required.

Resuming debate on the subamendment of the Honourable Senator Patterson:

That Bill C-92 be amended on page 15, by adding the following after line 27:

"30.1 (1) The Minister must establish an advisory committee, in consultation with Indigenous governing bodies, to advise and assist the Minister on matters concerning child and family services that relate to Indigenous children and to individuals to whom those services are provided.

(2) Within two years after the coming into force of this Act, and every year after that, the advisory committee must prepare and submit a report to the Minister on its activities and findings, the operation of this Act and any other matter that it considers relevant.

(3) The Minister must include the advisory committee's report in his or her report on the review prepared under section 31.''.

The question being put on the motion in amendment that new clause 30.1, as amended, carry, it was adopted.

It was agreed that the bill, as amended, carry.

It was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical, numerical and typographical changes and adjustments to the amendments adopted by the committee.

It was agreed that the Bill C-92 be reported, with amendments and observations, to the Senate at the earliest opportunity.

At 6:59 p.m., the committee adjourned to the call of the chair.

ATTEST:

Mireille K. Aubé
Clerk of the Committee