QUESTION PERIOD — Justice
Consultations that Preceded and Followed the Tabling of Bill C-15
June 8, 2021
Honourable senators, my question is for Senator Gold. The Aboriginal Peoples Committee concluded its study of Bill C-15 yesterday, as we know. I thank you for your helpful participation at that meeting.
During our study, Ministers Bennett and Lametti emphasized their ongoing engagement on the topic of Bill C-15. Officials described that engagement as driven by Minister Lametti. The promised consultation list was finally received yesterday, a week and a day after the deadline for written responses, and long after it had first been requested. That is not acceptable. But of the 58 informal discussions listed, only 4 included those who have raised serious concerns with this bill.
So, Senator Gold, why would the minister not have directed that more time be given to address concerns raised by folks like the Assembly of First Nations of Quebec and Labrador (AFNQL), the Mohawk Council of Kahnawá:ke, the Indigenous Bar Association, Chief David Monias, Manitoba Keewatinowi Okimakanak, O’Chiese First Nation, Alexander First Nation, Treaty 6, 7 and 8 peoples, and others who were proposing amendments and raising concerns?
I thank the honourable senator for his question and for his kind words.
Prior to Bill C-15’s introduction, the government conducted extensive engagement, including with modern treaty and self-governing First Nations, Inuit regions, other Indigenous rights holders, national and regional women’s organizations, youth, LGBTQ representatives, as well as non-Indigenous stakeholders.
The government is well aware that some partners have expressed concern about the length of time for consultation on Bill C-15, which is why engagement did not stop with the introduction of the bill. As you properly point out, a list has been provided to our Standing Senate Committee on Aboriginal Peoples. Further extensive meetings with Indigenous partners, including Indigenous rights holders, were held between January and May, where further discussions took place.
I’ve been advised that a number of the meetings on that list refer to regional organizations, for example, British Columbia’s Assembly of First Nations Special Chiefs Assembly and meetings of chiefs and other representatives of rights holding bodies, where the government participated in engagement on the bill.
Honourable senators, I would also note that co-development of the action plan under Bill C-15 will be a further opportunity to work in close partnership with Indigenous rights holders and organizations on implementation. Finally, I would note that Budget 2021 provides $31.5 million over two years to support the co-development of the action plan.
Honourable senators, I hope it will be done better in the action plan than it was in the bill.
Senator Gold, one of the entries on the consultation list lists an engagement session with Treaty 6, 7 and 8 peoples on the very same date that they passed their resolution against the bill and the majority of entries. The first five months of consultations were primarily with national Indigenous organizations. So my supplementary question is this: Why does your government continue to place more emphasis and devote more time to engaging with national organizations like the Assembly of First Nations, or AFN, whose own Regional Chief for Alberta Marlene Poitras described it as a lobby group that lacks the legitimacy to negotiate and make decisions on behalf of First Nations?
Why does Canada take the easy route in consultation, walking down the street to Ottawa-headquartered national Indigenous organizations, instead of doing the hard work of engaging with grassroots, rights holding organizations?
I thank the honourable senator for the question. It’s the position of this government that it needs to and has engaged, and will continue to engage with a broad variety of Indigenous organizations and non-Indigenous stakeholders on matters that affect not only Indigenous communities but the country as a whole. The government is committed to continuing that process in the implementation of the action plan.
Honourable senators, this is a follow-up to questions I asked last week about the consultations of Bill C-15. The Trudeau government, finally, as Senator Patterson suggested, provided a list of consultations that took place since Bill C-15 was introduced, except the government says the list likely wasn’t complete or accurate, or that they weren’t considered official consultations or formal engagements at all, Senator Gold. So if they weren’t consultations, what were they? They were called discussions, and they mainly took place with groups that already said they liked the bill, and that they supported the bill.
Leader, how does this not-really-consultations process square with the new relationship the Trudeau government promised Indigenous peoples?
I thank the honourable senator for the question. It’s the position of this government that it continues to work with Indigenous organizations and communities across this country, to all three coasts, to ensure that their views and their perspectives are respectfully taken into consideration as we develop our programs, and as we walk together on the path to reconciliation.
The government remains committed and is demonstrating its commitment through concrete actions, such as the tabling and, we expect, we hope, the passage of Bill C-15 — a major and historical step forward.
Well, leader, the government has a history of over-promising and under-delivering for Indigenous peoples. Your government finally brought forward its response to the final report on the National Inquiry into Missing and Murdered Indigenous Women and Girls only last week. It was short on details, timelines and funding, and it was a year late, Senator Gold — a year late.
Minister Bennett said another implementation plan based on this plan will be brought forward at a later date. Another year. Not surprisingly, the Native Women’s Association called it and I quote, “a plan without implementation plan” and said it was “half a document.”
Leader, should Canadians expect something similar to take place if Bill C-15 passes and receives Royal Assent? Would your government bring forward a plan to make a plan to make another plan on Bill C-15?
I thank the honourable senator for the question.
I’m choosing my words carefully because what we have before us in Bill C-15 is an historic step forward in terms of reconciliation with our First Nations — a commitment that this government made, an historic commitment, unlike commitments that were ever made previously in this country.
The government remains committed to that path, to developing its plans in close partnership with Indigenous stakeholders. Long behind us should be the days where we simply say “government do this” and “government do that” without taking into proper consideration and working closely and in partnership with the diverse and broad range of Indigenous rights holders across this country.
