Fall Economic Statement Implementation Bill, 2022
Motion in Amendment Negatived
December 15, 2022
Therefore, honourable senators, in amendment, I move:
That Bill C-32, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022, be not now read a third time, but that it be referred back to the Standing Senate Committee on National Finance for further study.
Honourable senators, I won’t speak for long. I just want to make two quick points.
First, I want to thank Senator McCallum for giving voice to the views of her constituents with passion and unwavering dedication to Indigenous Manitobans. Second, I want to remind honourable senators that the part of Bill C-32 that deals with First Nations land management is a really good thing. It’s a bright light in the evolving relationship between Canada and First Nations.
Since the 1990s, 194 First Nations have signed on to an agreement with the government to opt out of the Indian Act’s land management provisions and take back control of their territory. For over 20 years, there have been inconsistencies between the agreement and the federal act intended to implement it.
In fact, Senator Christmas helped us to understand that at our Indigenous Peoples Committee meetings.
Bill C-32 will finally clear up those inconsistencies and give the agreement full force of law.
The co-development process leading up to Bill C-32 was extensive and exemplary. As we heard at the Indigenous Peoples Committee from the Lands Advisory Board, which represents the 194 signatory nations, the process unfolded over many months. It was Indigenous-led. This bill, as currently drafted, reflects the approach that those 194 First Nations collectively endorsed.
Our study of Bill C-32 at the Indigenous Peoples Committee was expeditious, but it was not cursory. In fact, the issue being raised by Senator McCallum on behalf of Manitoba Keewatinowi Okimakanak Inc., or MKO, the enforcement of First Nation laws, was explicitly discussed.
After leaders of the Lands Advisory Board testified and gave their enthusiastic endorsement to this part of Bill C-32, Senator Hartling asked, “If the bill passes, what are the challenges to be tackled in the area of First Nations governance?”
This was the response the board chair, Chief Robert Louie of the Westbank First Nation in B.C., gave:
We have a lot of work to do in the future. A couple of issues that we’re working on right now are enforcement — having First Nation laws enforced.
We have come to find out over the last 20-plus years that Canada and the RCMP are not readily backing and enforcing First Nation laws that First Nations have passed. It’s an issue that is bubbling. It’s something that we didn’t quite expect at the outset —
— that meaning 25 years ago —
— but we’re working now with Canada and with provinces and with Attorneys General both at the Canadian and provincial levels to deal with this issue.
Our committee was very much aware of the matter. It’s a matter of great significance and, as Chief Louie explained, it’s a subject of discussions currently happening between First Nations and various other levels of government.
This is how the issue should be resolved — through a process of diligent and direct engagement, just like the process that led to the bill we have before us now.
Honourable senators, in our observations about Bill C-32, the Indigenous Peoples Committee wrote that the co-development process for this bill “provides a model for the co-development of future legislation related to First Nations self-government.”
I wholeheartedly agree. An exemplary co-development process has taken place. All 194 signatory First Nations were involved. We should not send this bill back to committee. On the contrary, we should adopt it today and finally give full force of law to the agreement that was signed 25 years ago so that First Nations can have real control over their land.
I urge honourable senators to oppose this motion and support Bill C-32.
Senator McCallum, do you have a question?
Yes, I do. There has been talk about the 194 signatories. However, as I said — and this came from the report from the other place — in the bill there is no off-the-shelf solution. Any response must be distinctions-based and recognize the need for individual communities to craft their own solutions as desired in order to respect their inherent rights.
What did the voices that were outside these 194 signatories tell you about how they’re going to be proceeding with their own framework?
Thank you for that question. My understanding is that this very important issue will be resolved between First Nations in their own negotiations at the land management board setting. The whole idea of this bill is to give them full force of law and the power to make those decisions. From my understanding, the government has been walking beside them in their desire to make the changes that they need.
Having talked to Chief Louie, I feel comfortable that the executive of the Lands Advisory Board understands the issue. They’re working with MKO. They’re in discussions with them. The problem has to be resolved for the enforcement of First Nations laws, with the provinces, with the RCMP and with the federal government as well. From my understanding, they’re bringing all those people to the table, with MKO and other First Nations that have the same issue, to talk about the enforcement of land code.
I am bringing these issues to the floor from MKO. I know that they have been talking to the land board, but they still want to express this. They’re still expressing their concern. So they’re not working together. Everyone has concerns about this bill, especially because it involves two other acts that need to be addressed if this is there.
People have always said people are collaborating; they’re working together. Yet, we continually hear that they only speak to specific groups. My concern is that this has been brought forward for MKO. This is their voice. I think we need to appreciate that and not lessen or silence their voice.
I don’t know if there was a question, but I thank you for that. I do think we all need to keep MKO’s concerns in the forefront of our concerns.
I also know that the government is currently consulting on a First Nations police act. When we finally do get that act in this chamber, we will have an opportunity to robustly discuss the issue of enforcement of land code, as well as other Indigenous laws, and the way that unfolds in Canada. I agree; those concerns are important.
In the speech that I gave the other day, I was setting up the context for this speech about the pre-studies and about how fast legislation is going through. That is part of the problem. It needs to be noted that proper attention was not given. It was rushed through.
I thank the honourable senator for her comment. However, it’s outside of my purview to decide pre-studies. I’m just a lowly liaison standing here. It’s outside of my purview.
Are honourable senators ready for the question?
In amendment, it was moved by the Honourable Senator McCallum, seconded by the Honourable Senator Patterson (Nunavut):
That Bill C-32, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022, be not now read a third time, but that it be referred back to the Standing Senate Committee on National Finance for further study.
All those in favour, please say “yea.”
All those against, please say “nay.”
The motion is defeated.
