Honourable senators, this item is adjourned in the name of Senator Martin, and I ask for leave of the Senate that, following my intervention, the balance of her time to speak to this item be reserved.

Honourable senators, I rise today to speak in support of Bill S-268, An Act to amend the Criminal Code and the Indian Act.

By way of background, in 1985, Parliament amended the Criminal Code to enable and expand provincial jurisdiction over lotteries and gaming. At that time, no thought or consideration was given to the inherent jurisdiction that First Nations had over lotteries and gaming on their respective reserve lands.

Bill S-268 seeks to right this historical wrong by proposing to amend section 207 of the Criminal Code and section 81 of the Indian Act. In essence, it will provide the governing body of a First Nation with the option to exercise exclusive authority to conduct, license and manage a lottery scheme on its reserve as defined by the Indian Act. To exercise this authority, a First Nation must first provide the federal government and the relevant provincial government with notice of their intention to exercise this authority.

I would like to recognize Senator Tannas and his team, particularly Mehek Noorani, for all the work they have put into this important piece of legislation.

Colleagues, I have direct knowledge of and experience with the value that gaming revenues can bring to a First Nations community. During my tenure as Chief of Paqtnkek Mi’kmaw Nation, I can attest to the reliance First Nations communities have on profits generated from VLT gaming revenues generated on-reserve. These revenues help provide much-needed programs and services to support community health and well-being.

On-reserve gaming, as with most First Nations throughout Canada, is administered through provincial agreements. Within Nova Scotia, these agreements are largely outdated and do not reflect the growing population trends and the evolving needs of First Nations communities, nor do they respect the inherent right that First Nations have to govern their affairs in accordance to their own customs, values and traditions.

I am currently finishing up a listening tour throughout Mi’kma’ki. Mi’kma’ki is the traditional territory of the Mi’kmaq people. It spans from Newfoundland to the Gaspé Peninsula in Quebec and parts of Maine. Incidentally, “Gaspé” is the name of the Mi’kmaq district that means “last land.”

While I served as chief and regional chief, I didn’t want to presume that I knew all the issues that First Nations leadership and organizations are facing. I have visited many communities, tribal councils, traditional leadership and Indigenous organizations to hear directly from them about the issues, challenges and concerns that are most important to them. Throughout this tour, I have heard from several communities about the importance of gaming as a resource-revenue generator.

Colleagues, Indigenous peoples are disproportionately affected by disabilities, addictions, mental health and health challenges at a higher rate than any other Canadian communities. I realize this is a general statement, so I would like to provide you with some further context.

During my tour, a council member from Sipekne’katik community shared that the life expectancy in his community was 54 years. His community of roughly 3,000 members faced 29 deaths last year. He also mentioned that over a few short years, they have dropped from 100 to 37 residential school survivors.

Colleagues, Bill S-268 provides an option for First Nations to administer, license and manage First Nations gaming in their communities in a responsible, accountable and transparent manner. It places First Nations governments on equal footing with their provincial counterparts. The gap between Indigenous and non-Indigenous Canadians is well documented, and there will never be enough government funding to fully close that chasm.

Our Peace and Friendship Treaties, which were recognized and affirmed by the highest court in this country, the Supreme Court of Canada, were signed by two nations. Before the arrival of the Europeans, First Nations were governed by their own customs, values and traditions. This fact informs the basis of our inherent right to self-government in Indigenous, domestic and international law — a right that is recognized and affirmed by the highest law in this country, the Constitution Act, 1982.

If First Nations are truly in a nation-to-nation relationship with Canada, as Prime Minister Trudeau stated in 2015, and as has been reinforced by his ministers time and time again, then the Mi’kmaq, like other First Nations, need to be treated as nations. That means we should have control over our lands and resources. First Nations should have the ability to generate own-source revenue without any reliance on Canada or the provinces.

Own-source revenue, colleagues, is crucial given the chronic underfunding of Indigenous programs and services for decades. That is why control and jurisdiction over revenue-generating activities are so integral to the survival of First Nations people across this country. When First Nations people are properly resourced, success stories emerge — stories of hope for what First Nations can achieve when we are treated as nations.

We have seen that when First Nations begin to get a bit too successful, there are those who would exploit every loophole and raise every technicality to avoid that success from continuing.

Colleagues, let’s not contribute to this limited way of thinking. Let’s embrace the concept of economic reconciliation in a manner that respects the laws in this country. Let’s set the example for future generations to follow.

To conclude, I would like to again applaud Senator Tannas for his work on this bill. I wholeheartedly support Bill S-268 and the underlying principle of restoring Indigenous jurisdiction over our lands and resources. I would urge my colleagues to support moving this bill forward to committee. Wela’lioq. Thank you very much.