National Council for Reconciliation Bill
Third Reading--Debate
November 7, 2023
Thank you, honourable senators.
[Editor’s Note: Senator Audette spoke in Innu-aimun.]
I also want to thank the Anishinaabe people. Thank you for welcoming me on your land every day. I hope that will continue for a long time as I continue working as a senator.
Thank you also to my fellow senators.
Honourable senators, I’m rising today to discuss and share some thoughts with you about Bill C-29, An Act to provide for the establishment of a national council for reconciliation.
I really like history, so before I get into the crux of the matter, I think it’s important to review what has been done here in this chamber, what you did long before some of us arrived in the Senate.
As you may have heard when I gave my maiden speech, I really like talking about beading, portaging, the path of healing and so on.
Every bead that we leave is precious and helps us along the path of healing and reconciliation, but also along the path to building a new relationship and maintaining the existing one, a relationship that is, of course, built on respect, partnership and the recognition of rights.
In 2007, we were all very animated. For those who remember, our leaders, members of our families and people who were affected by residential schools worked very hard to reach a settlement on residential schools to provide reparations. This settlement contained several provisions, including the one to set up a Truth and Reconciliation Commission. Obviously there was talk of making an apology. I want to thank the leaders, the people of that time for their courage and their determination, who allow us today to pick up where they left off, to start over and move forward in partnership.
In June 2008, Prime Minister Stephen Harper apologized to Indigenous peoples. For many of us, for me too, this apology was important. It was more than symbolic. It put words to our pain and to much of our suffering.
In his message, which I encourage you to reread, Prime Minister Harper apologized to the First Nations, the Métis and the Inuit for those who experienced the effects of residential schools or suffered at the residential schools.
This was part of his message:
The government now recognizes that the absence of an apology has been an impediment to healing and reconciliation. Therefore, on behalf of the government of Canada and all Canadians, I stand before you, in this chamber so vital, so central to our existence as a country, to apologize to aboriginal peoples for the role the government of Canada played in the Indian residential schools system.
In 2015, a man we knew and worked with, our former colleague, the Honourable Murray Sinclair, together with former commissioners Wilson Littlechild and Marie Wilson of the Truth and Reconciliation Commission, submitted and made public their final report. Many of us were there. I was there. We remember.
During a 2018 study by the Standing Senate Committee on Indigenous Peoples, Marie Wilson, a former commissioner of the Truth and Reconciliation Commission, explained the following:
It was the largest substantive consultation of indigenous people on any subject in the history of our country, Canada’s 130-year history of forced residential schooling for indigenous children. We based our 10-volume findings on almost 300 days of public hearings in every region of the country, from coast to coast to coast. We based our findings on dozens of commissioned research reports, together with an exhaustive reference of hundreds of documented sources.
She added the following:
Most compellingly and most centrally, we based our findings on almost 7,000 recorded statements from former students who spent their childhoods in the more than 150 church-run, government-sponsored institutions known as residential schools. They were isolated from traditional lands and cultural groundings and deprived of kinship ties and parental devotion, protection and love.
Prime Minister Justin Trudeau, after receiving the final report of the Truth and Reconciliation Commission, stated the following:
Today, on behalf of the Government of Canada, I have the honour of accepting the Commission’s Final Report. It is my deepest hope that this report and its findings will help heal some of the pain caused by the Indian residential school system and begin to restore the trust lost so long ago.
On June 3, 2021, the Senate passed Bill C-5, to create the National Day for Truth and Reconciliation. During the legislative process leading up to Royal Assent of the bill, which responds to the Truth and Reconciliation Commission’s Call to Action 80, our colleague Senator Francis said the following:
Honourable senators, the national day for truth and reconciliation is but one step. However, it is the sum of all our individual and collective actions, of all the Calls to Action of the Truth and Reconciliation Commission that, when fully implemented, will create our new normal. If we follow this path, we will continue to move forward as a country in a positive direction.
Colleagues, this chamber also passed the United Nations Declaration on the Rights of Indigenous Peoples Act in response to the Truth and Reconciliation Commission’s Calls to Action 43 and 44.
Of course, the Senate also followed suit with an Act to amend the Citizenship Act, which responded to the Truth and Reconciliation Commission’s Call to Action 94.
Some things have happened, and it’s important for me to talk about them.
It has been nearly eight years since the Truth and Reconciliation Commission of Canada released its final report and the 94 Calls to Action. These Calls to Action present a pathway as well as a road map for all levels of government, no matter where we are or where we live. It could be municipal, provincial or territorial government. It could be the education sector, private sector or the health sector. It is everywhere in this country. We’re all responsible for doing something.
For me, it’s also very important to remind ourselves that it’s to ensure that Indigenous people are respected, valued and, of course, included for today, tomorrow and the next generation to come.
That is what Bill C-29 seeks to achieve by establishing a national council for reconciliation. This is one more positive step forward, one more thing Canada can do to make major strides along the shared path of reconciliation.
Bill C-29 acts on Calls to Action 53 to 56 in the report of the Truth and Reconciliation Commission. It will create a national council responsible for monitoring progress on reconciliation in Canada, publishing reports and making related recommendations.
In addition, Bill C-29 will enable the conduct of research in accordance with a multi-year plan. Research is important; data is important. Integrating Indigenous and western knowledge and thinking is crucial to advancing reconciliation in the hope of developing new approaches and new programs to support understanding among people outside the government apparatus.
Marie Wilson, a former TRC commissioner recently testified before the committee during its study of the bill. She reminded us of the following:
We are all aware, I hope, that we have lost more than half of the survivors who were alive at that time. All these many years later, we are still not able to answer questions about whether things are getting better or worse. What are the inspirational things we can learn from? What are the discouraging and deteriorating things that we need to put a sharper lens and attention on? So the national council, as we said at the time, was essential.
The journey of this bill has been very long. Remember, when I started as sponsor of this bill, as we say in English, or to embrace it, as I would say in my own words, I was with a group, and now I wear another pair of moccasins, but my passion, feelings and emotions are the same. We have to remember that the people who were involved before us who worked on this are key people. I would say thank you, of course, to the people who provided their knowledge, passion or expertise, which is the interim board and the transitional committee. Remember this: They were and today are still independent and Indigenous-led — we’ve been asking for this — who were key in this process. I want to say thank you for all your hard work.
Senator McCallum, do you have a question?
As a former student of a residential school, I want to correct something.
Did you want to ask a question, Senator McCallum?
Okay. I’ll ask a question.
Senator Audette, will you take a question?
Yes.
I heard for the third time people saying that there was extensive consultation done with residential school survivors. As a former student who went through an eight-hour day to do my story, you cannot consult when we are in the midst of darkness and just starting to sift through experience. Don’t you think that testifying publicly about painful personal memories and having it relegated to consultation is hurtful and does injury to former students? Thank you.
Thank you very much. If the choice of words hurt you, I’m sorry. If the words I used for quotes from a former commissioner hurt you, I’m sorry. However, for many people in my family, and for me as I participated alongside them, when we were asked if the consultation was clear and precise, I might reply that we were asked if we had any recommendations or suggestions.
I suppose it depends on the region, but there will never be enough dialogue. We can do away with the term “consultations.” I will heed your message, however, because it’s important. You are among those who were subjected to these traumas. I’m so sorry. I’ll be careful.
Nevertheless, I want to honour those who asked us to do more. Maybe we can choose better words together so we can get more done together.
Honourable senators, I rise today to speak at third reading of Bill C-29, an Act to provide for the establishment of a national council for reconciliation, as the official critic.
Bill C-29 provides a framework for the implementation of a national council for reconciliation. The Truth and Reconciliation Commission’s — TRC — Call to Action number 53 sets out the conditions for the establishment of the council, stating specifically:
We call upon the Parliament of Canada, in consultation and collaboration with Aboriginal Peoples, to enact legislation to establish a National Council for Reconciliation. The legislation would establish the council as an independent, national, oversight body with membership jointly appointed by the Government of Canada and national Aboriginal organizations, and consisting of Aboriginal and non‑Aboriginal members. . . .
As I said in my second reading speech, above all, “Reconciliation must be centred on the future of Indigenous peoples . . . .” As senators, we have an important responsibility to ensure that what we do is in the best interest of all those who will be most affected by the bill.
I would like to take this time to acknowledge the work of Senator Audette as sponsor, our chair Senator Francis, all the members on the Standing Senate Committee on Indigenous Peoples, the clerk, the analysts and researchers for all their work on this important bill. As a committee, we heard from witnesses and organizations with compelling testimonies, stories and knowledge.
Bill C-29, in its current form, recognizes the following groups: the Assembly of First Nations, or AFN; Inuit Tapiriit Kanatami, or ITK; the Métis National Council and the Native Women’s Association of Canada, or NWAC. The bill guarantees them all a seat.
I support Bill C-29 and the work of these important national organizations. Indigenous reconciliation lies at the heart of Canada’s ongoing journey toward acknowledging past wrongs and building a more just and equitable future for all Canadians, both Indigenous and non-Indigenous. Reconciliation represents a commitment to healing the historic wounds inflicted upon Indigenous peoples, a commitment to mending the broken relationships between Indigenous and non-Indigenous Canadians and a commitment to building a nation where the rights, cultures and contributions of Indigenous peoples are fully recognized and respected.
It is crucial to acknowledge the historical injustices that have been perpetrated against Indigenous peoples in Canada. For centuries, Indigenous communities have faced forced removal from their ancestral lands, the imposition of residential schools and discrimination that has persisted through generations. The consequences of these actions are still felt today in the form of economic disparities, health inequities and social challenges that disproportionately affect Indigenous communities.
Bill C-29 is, at its core, an important step toward reconciliation between Indigenous peoples and non-Indigenous peoples in Canada. Almost eight years after the Truth and Reconciliation Commission’s report was published, we finally have a bill in front of us to honour Call to Action number 53 for the creation of a national council for reconciliation.
In my opinion, the Call to Action is an important step toward reconciliation. If we want to rigorously evaluate the progress of reconciliation in Canada, we must have a national council who can monitor, evaluate and report to ensure government accountability. The government must respond within 60 days to the annual report which outlines the Government of Canada’s plans to advance reconciliation.
As I reflected on the testimonies and the second reading speeches, many concerns were raised. For example, during her second reading speech, Senator Anderson raised the important issue of consultations, or lack thereof, by the government with Indigenous peoples. It goes against the TRC report’s Calls to Action, which say the consultations must be done with the Indigenous organizations and not hand-picked by the government. I share that concern because, too often, the federal government will consult whom it wants.
Senator Francis made a valid point in his speech on the committee’s report that the TRC is based on research and consultation which recommended the establishment of the national council. In my experience, the federal government, as a whole, too often uses the term “consultation” very broadly. In regard to Bill C-29, consultation with Indigenous organizations is crucial.
During our committee study, we heard from a range of witnesses: national organizations, provincial associations, stakeholders such as youth, and many others. The committee heard concerns, especially from the ITK, or Inuit Tapiriit Kanatami, on the possibility of the national council on reconciliation affecting bilateral mechanisms and government consultations. Amendments were accepted at the committee and hopefully they clarified that the council being created by the enactment of this bill should not interfere with these mechanisms.
Finally, the committee heard an important number of witnesses voicing their concerns on the composition of the board of directors. As written in clause 10 of Bill C-29, we currently have four of the five national organizations who will have a guaranteed seat on the board of directors: the AFN, ITK, the Métis National Council and NWAC.
Honourable senators, the one national organization missing from this bill is the Congress of Aboriginal Peoples, or CAP. For over 50 years, CAP has advocated for the rights and interests of urban, non-status, off-reserve First Nations, Métis and southern Inuit peoples. By doing so, they have often been the only voice for these indigenous communities. In the House of Commons Standing Committee on Indigenous and Northern Affairs, an amendment was moved to include the Congress of Aboriginal Peoples and the Native Women’s Association of Canada as guaranteed members of the board of directors.
That amendment passed with a majority vote, but once at the report stage, the government decided to reverse the committee’s decision by removing only CAP from the board of directors’ guaranteed seats. We heard testimonies at committee as to why CAP is certainly deserving of a guaranteed seat. Therefore, at our Senate Standing Committee on Indigenous Peoples, I moved an amendment to reinsert CAP to give them a guaranteed seat on the board of directors, along with the other four groups. The amendment was narrowly defeated in a tie vote.
Honourable senators, as I said earlier in my speech, I support the bill. I believe Bill C-29 is an important step in reconciliation. I bring up the question of representation on the board of directors because I am concerned, like some of my colleagues on the committee, that the government is removing an important voice from the board of directors. In my opinion, the decision goes against the spirit of the bill with the government hand-picking whom they accept or reject.
The preamble of Bill C-29 clearly states “Whereas the Government of Canada recognizes the need for the establishment of an independent, non-political, permanent and Indigenous-led organization . . .” As you see, colleagues, Bill C-29 is clear: The national council on reconciliation is to be a non-politically led organization. Yet the government’s decision to accept NWAC and not CAP seems political. Instead of accepting both groups as adopted by the House committee, the government seems to have applied a unique set of rules to NWAC but not to CAP. The government reversed the committee’s decision. It is an unfair decision to leave CAP out of the board of directors after they were included along with NWAC at committee in the other place.
The purpose of the council is to advance reconciliation between Indigenous and non-Indigenous peoples. How can reconciliation advance for all when a national organization like CAP is ignored? In good conscience, I cannot stand idle.
The testimony heard in our committee was compelling. Senator Brazeau offered great insight on the long history of CAP. The senator provided important context to better understand that there are five national organizations and that CAP has an historical heritage. His testimony was important, and I thank him for his insightful words.
And as CAP National Vice-Chief Kim Beaudin said:
Just because our people move off reserve does not mean their trauma disappears. Reconciliation cannot be just for some; it must be for all.
Honourable senators, this is a powerful statement that reconciliation must be inclusive to all.
With 11 provincial and territorial affiliates, the Congress of Aboriginal Peoples, or CAP, can provide important insights from different regions of the country and continue to work towards reconciliation in Canada. By adding CAP, a fifth national organization, I believe we will have a better representation of voices from all segments of Indigenous communities across Canada.
Including CAP in the bill ensures that this legislation truly reflects the spirit of Bill C-29: that the council is non-political and independent. Including CAP as a guaranteed seat on the council is to acknowledge the many experiences and challenges faced by the hundreds of thousands of Indigenous peoples they represent across Canada.
As I have said earlier, the Standing Committee on Indigenous and Northern Affairs in the other place supported the amendment, while at our Senate committee, the amendment did not pass due to a tied vote.
Therefore, I now turn to you, honourable senators, to seek your support in correcting the government’s political decision to remove only CAP at report stage in the other place, and to reinstate the Congress of Aboriginal Peoples as a guaranteed member on the board of directors of the truth and reconciliation council. In doing so, we would also be reflective of one of the important observations made by the Standing Senate Committee on Indigenous Peoples’ report on Bill C-29:
The Board of Directors of the Council should strive to include a broader representation of Indigenous peoples than those currently identified in the Act; in particular, the council should reflect the wide diversity, backgrounds and experiences of Indigenous peoples regardless of where they live.
