Honourable senators, I’m pleased to rise today to speak to Bill S-16, an Act respecting the recognition of the Haida Nation and the Council of the Haida Nation.

At its core, Bill S-16 is about the recognition of Indigenous self-determination. Indigenous peoples have inherent rights to self-determination as recognized in international human rights law. Acknowledging and respecting Indigenous self‑determination is essential for upholding fundamental human rights. It allows communities to govern themselves in a manner that respects and preserves their unique cultures, languages, traditions and spiritual beliefs. This autonomy is vital for safeguarding Indigenous cultural heritage and identity.

Recognizing Indigenous self-determination enables communities to pursue social and economic development initiatives that are tailored to their specific needs, priorities and aspirations. This includes initiatives aimed at addressing socio‑economic disparities and improving living conditions within Indigenous communities.

Self-determination is integral to the process of reconciliation. It respects Indigenous rights and sovereignty and fosters equitable relationships based on mutual respect and cooperation. Self-determination empowers communities to make decisions about the management and use of their traditional lands and resources. This includes practices that prioritize environmental sustainability and respect Indigenous knowledge of ecosystems.

Bill S-16 is also about the Haida Nation choosing its own form of governance, which is important and must be honoured for several reasons. It empowers the people of the Haida Nation to exercise control over their own destinies, enabling them to shape their futures according to their own values, interests and aspirations.

Indigenous communities have unique cultural traditions, languages and ways of life that are deeply intertwined with their governance structures. By choosing their own government structures, Indigenous peoples can ensure their cultural heritage is preserved and decisions are made in a manner that respects and reflects their cultural values and norms. Indigenous peoples have the right to freely determine their political status and pursue their economic, social and cultural development. Choosing their own government structures allows Indigenous communities to exercise this right and govern themselves in a manner that best meets their needs and aspirations.

Indigenous communities are best positioned to understand their own needs, priorities and challenges. By choosing their own government structures, they can establish governance systems that are responsive, accountable and effective in addressing the unique needs of their communities. This can lead to more efficient service delivery, improved decision-making processes and better outcomes for community members.

Indigenous government structures provide opportunities for meaningful participation and representation of community members in the decision-making process. By choosing their own government structures, Indigenous peoples can ensure their voices are heard, their concerns are addressed and their interests are represented at all levels of government.

Indigenous government structures provide a platform for Indigenous communities to engage with other governments and organizations at various levels. Choosing their own government structures strengthens Indigenous representation and advocacy efforts, leading to greater recognition of Indigenous rights and interests in the global arena.

The Haida Nation are an Indigenous people with a rich and complex history of resilience, cultural richness and ongoing efforts to reclaim and revitalize their heritage in the face of historical challenges and contemporary issues. As I said during my second reading speech, the Haida have inhabited the Haida Gwaii archipelago — formerly known as the Queen Charlotte Islands — for thousands of years. Their history is deeply intertwined with the rich, natural environment of the islands, which provided abundant resources for sustenance and cultural practices. The history of recognition and self-determination for Haida Gwaii is also long and complicated and best characterized as one of incremental steps, with over a century of asserting their land rights and engaging in negotiations to address historical grievances related to land dispossession, cultural suppression and colonial oppression.

Numerous pieces of legislation and agreements have preceded Bill S-16, laying out the groundwork for consultation and cooperation between the Haida Nation and the government on matters related to self-government, resource management, land use and ownership, cultural heritage and provisions for the protection and conservation of the region’s ecosystems.

Bill S-16 and the recognition of the Council of the Haida Nation is a culmination of the work that preceded it. During the committee’s study, President Gaagwiis acknowledged the leadership that led to this moment, stating:

We’re really fortunate to have had all that leadership and all of that work of past leaders and people who are now ancestors, and I’m always in awe of what they were able to accomplish and put forward for us now and for future generations.

Bill S-16 is also the path to a new era of self-determination for the Haida Nation as Canada and British Columbia legally recognize the Haida Nation as a holder of inherent rights of governance and self-determination, and that the Council of the Haida Nation is authorized to exercise and make decisions regarding those rights.

Bill S-16 acknowledges the historical and ongoing relationship between the Haida Nation and the Canadian government, affirming the rights of the Haida people to govern their own affairs, make decisions on matters that affect their community, culture and land, and manage their resources.

Bill S-16 emphasizes the importance of reconciliation between the Haida Nation and the Canadian government, fostering a relationship based on mutual respect, cooperation and partnership as that relationship evolves over time.

Honourable senators, that evolving relationship is one of the reasons why Bill S-16 and the legal recognition of the Council of the Haida Nation are so important.

When asked by the Honourable Senator Prosper at committee how Bill S-16 would incorporate Haida law within a governance structure, President Gaagwiis responded that Bill S-16 did not touch directly on Haida legal traditions, but he provided this important insight:

. . . the relationship between the Haida Nation, the Council of the Haida Nation and Canada in the resources for supporting the continued evolution of our self-governance to look deeply and engage with our people on what’s working, what’s not working and continuing to learn from our experiences to bring more of our culture, history and values into our modern form of governance. It’s learning how that is articulated through language, culture, processes and systems.

There is a great opportunity in that to continue that growth in that evolution of combining some of the elements we have adopted from a Western sense in forming a constitution and adopting some of the systems or processes from other governments and nations. An exciting part of this is that continuing to bring more of our culture and our history into how our governance evolves to implement our laws as we move forward in this journey.

I asked President Gaagwiis about what the transition period after the successful passage of Bill S-16 might look like. He mentioned that the priority was on land governance and management, saying:

Our experience has been that provincial laws have not worked in our favour in terms of looking after the land and providing the benefits back to the Haida Nation and the people of Haida Gwaii. Therefore, we look to rectify that by having them come from our history, experience and culture in our home.

It’s going to be an ongoing process. We’ve been calling it an orderly and incremental process in terms of how we look at each of those areas of our life and society, and how we work on them among the Haida Nation, the people who live on Haida Gwaii and with the respective governments.

Honourable senators, Bill S-16 is legislation that has been over 50 years in the making. The B.C. provincial government already passed the same legislation almost a year ago, and it’s Canada’s turn to honour the will of the Indigenous peoples of Haida Gwaii.

The legislation affirms the Government of Canada’s recognition of the Haida Nation as the holder of the inherent rights of governance and self-determination.

The Constitution of the Haida Nation was formally adopted in 2003. It mandates the council to conduct the external affairs of the Haida Nation and to steward the lands and waters of Haida Gwaii on behalf of the Haida Nation.

Passing this legislation creates the opportunity for the Haida Nation to further develop and refine their laws and practices to manage the land based on Haida history, culture and values. Bill S-16, in the words of their own leadership, will not conflict with people who live on their territory. Indeed, jurisdictional responsibilities such as health, education, transportation and fire and emergency services will remain in the hands of the province and municipalities on Haida Gwaii, and the agreement won’t have an impact on current municipal boundaries or functions.

Bill S-16 honours the will of the Haida Gwaii while recognizing the cooperation and achievements of both Indigenous and non-Indigenous peoples.

I am reminded of the recent achievements of Haida Gwaii’s high school basketball team, which exceeded everyone’s expectations, winning silver at the recent Single A provincial championships a month ago, narrowly missing a three-pointer at the buzzer to win gold. To quote an article from The Province:

“Everybody loves an underdog story,” said Breakers coach Desi Collinson. “Everybody loves those small schools that come from what they recognize as relatable. Everybody has adversity in life and they understand that you have to try this much harder. They understand that.

“For me, for them to view us in that sense and relate to us in that sense, no matter who they were or where they came from, shows great character and great people.”

The team consists of both Indigenous and non-Indigenous students, united by their common love for basketball and community. Together they rose to the challenge and achieved a far greater success than anyone expected.

Honourable senators, as a senator from British Columbia, I am pleased to support Bill S-16 to recognize the Haida Nation and encourage all senators to support this important legislation.

Thank you.

Yes.

I can’t speak to the exact British Columbia legislation. As I stated, I think together they will be strengthened. I am from British Columbia, and Haida Gwaii is a very special part of our province. This bill provides federal support and recognition, which will really help the Haida Nation achieve and realize their full potential.

Are senators ready for the question?

Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Agreed.

(Motion agreed to and bill read third time and passed.)