I wish I had the storytelling talent of our colleague, Senator Simons, who can make a story sound so interesting, because I have one to tell today.

Let me tell you the story of my grandmother, Marie-Anne Corriveau-Forest, born in Saint-Félix-de-Valois, Quebec, in 1898, the daughter of Régis Corriveau and Agnès Lafond.

My grandmother was a strong, proud and very intelligent woman. We often sat at her feet, my sisters and I, to listen raptly to her stories about moving to the United States and about her trips to Boston and New York. She would describe for us the business attire of the era, a wide dress, a matching hat and lace-up leather boots. It was like an excerpt from an old movie. However, her stories took on a different tone when she recalled her return to Ontario with her family to clear a plot of land in the small farming village of Verner. Her elegant dresses in the latest style were put away forever, in exchange for rubber boots and cotton dresses.

After her marriage, she settled in the small Franco-Ontarian village of Verner. In fact, she became the village midwife, as well as giving birth to several children of her own, my father among them.

I remember I would ask her tons of questions, but, since I was a child, I now know that I didn’t ask her all the questions I should have. If only I had known.

What I did not know, and what every member of our family did not know either, is that my grandmother was Métis. It was not until after her passing at the age of nearly 100 that we discovered our heritage. On reading a marriage certificate that we found, we learned that my great-grandmother, Agnès Lafond, was a member of the Abénakis de Wôlinak First Nation, a nation whose members live in Bécancour, Quebec. The name “Lafond” is the one the Catholic clergy gave as a replacement for our original family name, Mékésénak. I was shocked to read next to the names on the marriage certificate, the descriptor “savage.”

I was older when I learned for the first time that I am part Indigenous. Before that discovery, I lived my life as a proud Franco-Ontarian, defending my rights to my language and my culture. Suddenly I felt like an imposter. Yes, I am Franco-Ontarian, but I am also Métis.

I questioned everything. I no longer knew my place or my identity. I became a stranger to myself. What was my real membership in a people I barely knew? I immediately wanted to start on my journey to cultural, spiritual and personal growth. I also wanted to know whether my grandmother knew about her Métis heritage. If so, why keep it a secret? If she did not know, why did her mother before her not disclose it?

Unfortunately, the answer is not hard to guess: colonialism. To a much lesser extent, I admit, I too am a victim of colonialism, a victim of my grandmother’s shame or that of her mother before her at being labelled a “savage,” of wanting to avoid discrimination and ensure her family’s access to privileges reserved for Whites.

That’s why whiteness and all its attendant privileges was the only reality I knew when I could instead have been experiencing a whole spectrum of colour. I have no idea what I could have been. I feel guilty because I don’t know how my life would have been different had we known, had I been able to live my true life, my absolute and genuine truth.

I was never directly subjected to colonialism, and it is with shame and sadness that I acknowledge that, like so many Canadians, I don’t know the truth. I don’t know our country’s true history. It wasn’t taught to me in school. I don’t know all the harm that governments and churches inflicted on Indigenous peoples to annihilate their values, their traditions, their beliefs and their languages.

As I learn about the traditions and culture of Indigenous peoples, I develop a deeper appreciation of that richness, that sense of respect and that spirituality. I am so grateful that life has given me an opportunity to embrace my dual identity.

I will now turn to Bill C-15. I sincerely believe that everything I have done in my life has led me to this very moment where, here, in the Senate of Canada, I can share my story with you, a story that is probably reminiscent of that of many other Canadians whose Indigenous heritage was also hidden from them. I find myself here, in the Senate, at a historic moment for our country, still privileged, but this time I am exercising my privilege as a Franco-Ontarian and Métis senator to support this long-awaited and much-desired bill.

As a Franco-Ontarian living in a minority community, I greatly admire Indigenous peoples. Thanks to the resilience and patience they have constantly shown in order to preserve their rich culture and their own identity, and despite all the obstacles they have faced and continue to face today, they are an example for all groups who have never acquired their rights, even though they are founded in law.

The discovery in Kamloops of the remains of 215 little children reminds us, in case we have forgotten, how painful and difficult the history of the relationship between the state and the various Indigenous peoples has been, and that the resulting conflicts sadly have not yet been resolved.

From the many testimonies and submissions on the content and impact of Bill C-15, a variety of perspectives have emerged. Some are against it, of course, but most are clearly in favour. The parties involved do not speak the same language, literally or figuratively.

The dynamic between the parties is fuelled by fear and mistrust because of promises that have not been kept. Despite our country’s wealth and prosperity, the statistics and quality of life indicators illustrate the disadvantaged state of Indigenous peoples, some of whom, even today, would consider running water a luxury. The statistics we have all heard over and over again about life expectancy, the high incarceration rate of Indigenous people, the suicide rate, the gaps in the health care system and the failings of police services all point to the horrific reality facing Indigenous peoples and the effects of systemic racism and discrimination against them.

It is completely unacceptable that such inequalities exist in Canada. A country is only as strong and as good as its weakest link. Canada has nothing to boast about in this regard, and we have work to do.

In my opinion, Bill C-15 constitutes a very important first step in this work. It is a first step that scares the other parties involved for various reasons. On one side, there is a completely understandable lack of confidence and, on the other, the self-determination of Indigenous peoples may seem to threaten economic development and the retention of assets.

However, we absolutely need to take that step, despite the bill’s flaws, despite the flawed process from which it arose and despite the act of faith it requires of some. This step is essential for managing natural resources and major projects in the future. It is essential to reducing inequality and giving everyone the opportunity to live a safe, dignified life in which the human rights set out in the Charter apply to all Canadians with no exceptions. It is essential to the social fabric of our country so that it can incorporate all of our arts and culture.

We heard from some Indigenous groups and rights holders that they were not consulted, while ministers in the other place and their senior officials said that they had held extensive consultations over many years and that the process would not be over any time soon. All of this shows that the various parties involved have a different definition of what constitutes consultations and different criteria for them. The action plan should therefore be quickly updated to include the definition of consultation or to propose a road map that will make it possible to achieve that goal to the satisfaction of all the parties involved.

We also heard that some communities did not feel represented by the groups that were consulted. There is a lot of diversity amongst Indigenous peoples. We cannot make the mistake of thinking that all Indigenous communities share the same vision. Since Bill C-15 must be implemented in close cooperation with Indigenous peoples, anyone who would represent them must be chosen by and for them. They should not have to wait for the government to consult or involve them. They should decide among themselves who should act as their representatives to negotiate for them and to provide consent on their behalf. The objective is to have a broad, ongoing consultation that will involve all the right stakeholders, thereby ensuring that all the various Indigenous communities are fully represented.

Self-determination is something that must be recognized from the outset. Otherwise, it will be a never-ending process, since there will always be individuals or communities who say they were not consulted and who therefore will not support the implementation.

The fact that the Government of Canada alone decides who the Indigenous stakeholders will be flies in the face of the spirit of self-determination that is integral to the purpose of Bill C-15 and its implementation.

My second point has to do with the magnitude of the task that needs to be completed over the relatively short period of two years. In light of everything that has happened since the United Nations adopted UNDRIP, there is clear pressure to get results quickly, since patience is running thin.

In fact, the action plan and the implementation of Bill C-15 affect Canadian laws governing all aspects of society because this is about human rights. That makes this is a colossal undertaking.

My recommendation is to take it one step at a time. Under no circumstances should there be an attempt to implement the whole package when the deadline rolls around two years from now. The action plan should set out manageable implementation phases.

This approach would enable the government to meet expectations one phase at a time. All of the stakeholders involved would have a chance to observe how the implementation is playing out on the ground. That would give them invaluable information about what measures are working and what mistakes to avoid.

I’m sorry, Senator Forest-Niesing, but your time is up.

May I have more time to finish my speech?

Senator Forest-Niesing is asking for five more minutes to finish her speech. Is it agreed, honourable senators?

Thank you.

I think this approach would be beneficial in many ways and deserves serious consideration.

In conclusion, I very much want to see the implementation of the United Nations Declaration on the Rights of Indigenous Peoples succeed in Canada because I want my White Franco-Ontarian heritage and my heritage as a member of the Abenaki First Nation to co-exist within me on equal footing.

That is also my heartfelt wish for Indigenous peoples and the people of Canada.

Thank you, marsee.

Honourable senators, I rise to speak to Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, commonly known as UNDRIP. Thank you to Senator LaBoucane-Benson for ably sponsoring the bill and to members of the Standing Senate Committee on Aboriginal Peoples for their diligent work.

I strongly support this measure, both the legislation itself and the spirit of it. I felt the same way in 2018 when I spoke on the last — but far from the first — UNDRIP attempt, then Bill C-262, as part of my inaugural speech in this chamber. Actually, it wasn’t this chamber; it was the old chamber, but it was the chamber. It is my hope and the hope of many others that this will be the final round of speeches on implementing UNDRIP.

Bringing Canada’s domestic laws in line with the declaration is long overdue, colleagues. UNDRIP was adopted by the United Nations in 2007 by 144 member states. Canada voted against it at the time but finally adopted the declaration after endorsing, but not signing, in 2010.

Only now, after introduction in the House of Commons in December 2020 following years of promises by the government and years of private members’ bills, is Parliament dealing with implementation as a matter of government business. Getting this done is a vital step in the ever-evolving journey of reconciliation. After a year marked not just by a once-in-a-century global health crisis but also by a generational reckoning with systemic racism and discrimination, it is a step we must take now.

To anyone questioning why this is so important, I wish to offer just a few reasons.

In 2021, we are still debating constitutionally enshrined, Supreme Court-affirmed treaty rights that the Mi’kmaq and Maliseet peoples have held for 260 years to fish, hunt and gather to provide for their families. I refer, of course, to the now-adopted motion of Senator Francis and Senator Christmas on the dispute in Nova Scotia between Indigenous and non-Indigenous commercial lobster fishers.

While 107 long-term drinking water advisories have been lifted since November 2015, as of May 21 there are 52 still in effect in 33 First Nations communities across Canada.

There is the huge overrepresentation of Indigenous peoples in Canada’s criminal justice system compared to non-Indigenous peoples. In fact, while the proportion of non-Indigenous peoples in Canada’s jails has been decreasing over the past decade, the rate of incarcerated Indigenous peoples has been increasing for much longer. Indigenous peoples compose only 5% of Canada’s population but represent more than 30% of inmates in federal prisons. Among incarcerated women, 42% are Indigenous.

Reaching this 30% threshold led the Correctional Investigator of Canada, in a statement in January 2020, to refer to the “. . . deepening ‘Indigenization‘ of Canada’s correctional system.” Indigenous women and girls have been so disproportionately victimized by violence that we needed a National Inquiry into Missing and Murdered Indigenous Women and Girls, the final report of which called for full implementation of and compliance with UNDRIP.

Call to Action 43 of the Truth and Reconciliation Commission, or TRC, chaired by our former colleague Murray Sinclair, also urged all levels of government in Canada to fully adopt and implement the declaration.

Finally, the remains of 215 innocent children were recently found in unmarked graves on the site of what was once the Kamloops Indian Residential School in British Columbia. The institution closed in 1978. That’s far from ancient history, colleagues. We know there are more such graves across Canada, and the government must do much more to fund and support searches of former school sites, as the TRC called for. Knowing there are more grim discoveries to come makes it even harder to fathom how many families suffered not just the theft of their children but also their chance to bury them and say goodbye in a dignified way, following their own traditions and customs.

It goes without saying that the tragic legacy of generational pain and trauma caused by colonialism and especially the residential school system continues to cast a long shadow. Reconciliation, required because of historical mistreatment and abuse, has shaped public policy discourse in Canada in recent years. There has been progress, there has been regression and there has been maintenance of the status quo.

Bill C-15 provides a golden shot at progress: the legislative framework to implement UNDRIP in Canada and to advance reconciliation. We cannot change the wrongs of the past, but we can fix today’s injustices and work toward a better future built on a strong nation-to-nation relationship. That is the opportunity offered by Bill C-15, colleagues.

The articles contained in the declaration affirm a principled framework for justice, reconciliation, healing and peace. There is little, if any, disagreement on that.

The main objection to UNDRIP legislation, past and present, has revolved around the issue of “free, prior, and informed consent.”

Specifically, this term has led to concerns that it amounts to Indigenous peoples having the power to veto actions and projects that would impact their communities, lands, and/or treaty rights.

How this consent requirement would work when it comes to resource development and economic projects is a point of contention for opponents because the term is not defined in C-15.

C-15, and consent specifically, has been charged with being anti-development because of the perception that free, prior, and informed consent provides Indigenous peoples with veto power to stop and/or block projects with which they do not agree.

If that’s the case, critics say, and especially without a clear definition, Canada will lose economic opportunities because resource and energy companies will not want to risk their projects being delayed by required consultations or even blocked down the line, especially if the project is controversial.

As many experts have said, though, concerns about consent being a veto are unfounded.

On May 7, in his appearance before the Standing Senate Committee on Aboriginal Peoples, the sponsor of Bill C-15, Minister of Justice David Lametti, was clear. He said:

Free, prior and informed consent . . . is not a veto over government decision-making. FPIC does not remove or replace government decision-making authority but it sets into place a process which will ensure meaningful participation.

The point of free, prior and informed consent, far from being anti-development, is meant to ensure that the long-held rights of Indigenous peoples are respected.

Testifying before the House of Commons Committee on Indigenous and Northern Affairs on April 13, Assembly of First Nations Chief Perry Bellegarde summed up, not just the need for, but indeed the benefit of free, prior and informed consent. He said:

To me, that’s what this bill speaks to — joint decision-making, getting involved sooner rather than later so you avoid blockades and you avoid legal battles.

Meaningful engagement with Indigenous communities early on is hugely important because it provides stability, in that all sides know what to expect and know they will be included right from the start. Further, it avoids, as Chief Bellegarde and others have pointed out, long and costly court battles and blockades — all of which are damaging on multiple levels. Nothing — no power, no authority — is being taken away from the government, nor from anyone else. Free, prior and informed consent is about empowering Indigenous peoples to be able to meaningfully exercise their treaty rights and those enshrined in the Constitution.

It is about dismantling the long-standing colonial approach to Canada’s dealings with Indigenous communities whereby decisions that impact them are made without them. This is fundamental, colleagues. We cannot continue the journey of reconciliation, nor can Canada speak credibly about the importance it places on the nation-to-nation relationship, if we keep getting hung up on this misguided fear that the right to free, prior and informed consent equates to veto power.

But it is not enough to simply accept what it is not. We must also fully accept and recognize that Indigenous peoples have long-held and hard-won rights to have a meaningful say over what happens on their land and in their communities. This brings me back to my earlier point about what we are still discussing in 2021 and how far we have left to go.

The last point I wish to make is about two of the major strengths of Bill C-15.

Along with requiring that Canada’s domestic laws be brought into line with the declaration, Bill C-15 also states that:

6(1) The Minister must, in consultation and cooperation with Indigenous peoples and with other federal ministers, prepare and implement an action plan to achieve the objectives of the Declaration.

This action plan must be completed no later than two years after Royal Assent and must include measures to address and combat a wide range of issues that negatively impact Indigenous peoples. It must include ways to monitor the plan’s implementation, must be tabled in Parliament, and must be made public.

Further, the minister will be required, after consultation and cooperation with Indigenous peoples, to report annually to Parliament on the progress of implementing the declaration and the action plan.

Colleagues, this is how real change happens: with monitoring and measuring progress and with, above all, accountability.

In 2010, the government of the day referred to the declaration as an “aspirational document.” Many of the concerns from back then are ones we have heard throughout the various iterations of UNDRIP’s rocky road in our Parliament. It is no longer good enough to simply aspire to implement the declaration in Canada. We cannot keep coming up with excuses. Not in 2021 and not after the many lessons learned over the past year and even more recently. Canada will never live up to its promise and potential without taking significant strides on that ever-evolving journey of reconciliation. We will not get there if we do not get this done. I urge all honourable senators to vote in favour of Bill C-15. Thank you.

As a senator from Manitoba, I recognize that I live on Treaty 1 territory, the traditional territory of the Anishinabe, Cree, Oji-Cree, Dakota and Dene, and the Métis Nation homeland.

I also wish to acknowledge that the Parliament of Canada is situated on unceded, unsurrendered Algonquin Anishinabe territory and that we have many people joining us today from across Turtle Island who are located on both treaty and unsurrendered lands.

I speak today in favour of Bill C-15 to incorporate in Canadian laws the United Nations Declaration on the Rights of Indigenous Peoples, or the declaration, as adopted by the UN General Assembly on September 13, 2007, by a majority vote that did not include Canada.

My support for this bill is both technical in law and emotional. My esteemed colleague, Cree lawyer Romeo Saganash, introduced his first bill on this topic, Bill C-469, back in 2013 when he was an NDP member of Parliament. The title set out the bill’s intent: An Act to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples. This bill did not make it to second reading.

The next year, Mr. Saganash tried again with the introduction of Bill C-641, An Act to ensure that the laws of Canada are in harmony with the declaration, which was defeated at second reading in May 2015.

But 12 months later, in May 2016, at the fifteenth session of the UN Permanent Forum on Indigenous Issues at the UN headquarters in New York City, Minister Carolyn Bennett spoke for the Government of Canada and said, I’m here to announce, on behalf of Canada, that:

We are now a full supporter of the declaration, without qualification.

We intend nothing less than to adopt and implement the declaration in accordance with the Canadian Constitution.

Dr. Bennett noted:

Canada is one of the only countries in the world that has already incorporated Indigenous rights in its Constitution.

By adopting and implementing the Declaration, we are excited that we are breathing life into Section 35 and recognizing it now as a full box of rights for Indigenous peoples in Canada.

That same year, 2016, MP Saganash introduced the private member’s Bill C-262 entitled: An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, sponsored in this place by now-retired senator Murray Sinclair and killed in the Senate in 2019.

Bill C-15, now before us, was introduced in December 2020 by the Minister of Justice and Attorney General, more than five years after Dr. Bennett committed the Government of Canada to the implementation of the UN declaration in Canadian law.

As Canadians, we have all been called to action. We have heard Canada’s Truth and Reconciliation Commission explicitly call upon every level of government to adopt and fully implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. Just two weeks ago, the National Action Plan on Missing and Murdered Indigenous Women and Girls was released, calling again to adopt and implement this declaration. Of the many tragic, horrific outcomes of Canada’s colonialist violence against Indigenous peoples in this country, the voices of Indigenous residential school students call from their unmarked graves, demanding better now and for future generations.

Today’s Indigenous children continue to be overrepresented in provincial and federal foster system. Indigenous peoples of all genders continue to be hugely overrepresented in Canadian prisons. There are Indigenous youth and children losing hope in communities across this country. There have been too many tragedies to list here, undoubtedly with more to be revealed, but we must not turn from these truths or from this evidence of genocide perpetrated through forced assimilation structures constructed through the Indian Act, such as the residential school system and the adopting out of Indigenous children by the Sixties Scoop.

Of the violence spoken of in testimonies by survivors and family members, the National Inquiry into Missing and Murdered Indigenous Women and Girls said:

The violence the National Inquiry heard amounts to a race-based genocide of Indigenous Peoples, including First Nations, Inuit and Métis, which especially targets women, girls, and 2SLGBTQQIA people.

Adoption of Bill C-15 will not magically heal or provide full remedies for these human rights violations, but, honourable senators, it will enhance the substance and potential of the foundation needed to make deep systemic changes in Canada to follow the path to reconciliation. The inquiry called for a national action plan to address violence against Indigenous women, girls and 2SLGBTQQIA people.

In Bill C-15, subclause 6(1) sets out specific steps for the government as to what that action plan should address and the measures that are to be included. This is significant in that the specificity is a useful means to holding the government accountable for implementation.

Honourable senators, there have been many concerns expressed about the implications of this bill on rights to land and resources. I do not disregard these concerns, having respectfully abstained on the amendment proposed by Senator McCallum.

I also think it is important to acknowledge, respectfully but briefly, some of the other concerns raised about the process and what this bill does or does not do. The Association of Iroquois and Allied Indians stated that the government’s process was inadequate:

Meetings were capped, time was restricted, and engagement periods were not extended to make proper use of time and information.

Several Indigenous activist networks analyzed the bill, concluding that clause 2 of the bill would maintain the common law interpretation of subsection 35(1) and (2) of the Constitution Act, 1982. They argued it’s based on the colonial Doctrine of Discovery stripping Indigenous people of their land ownership and land rights.

Nevertheless, I support this bill because we will always have a multitude of opinions, and I choose to rely upon the analysis of Indigenous legal experts whom I know and trust, and also informed by my experience working in the multilateral UN system and seeing how international human rights instruments can be highly useful in claiming and securing positive substantive changes to reset and balance the scales of justice.

An expert from my home province of Manitoba, Métis law professor Brenda Gunn, summarized her support for Bill C-15 to the members of the Senate Standing Committee on Aboriginal Peoples — five years to the day from when Minister Bennett first spoke at the UN — with these words that I cite with agreement:

The bill provides greater certainty for the application of the UN declaration in Canadian law and addresses some of the hesitancy that judges have in regard to not understanding how international law applies. The action plan provides space for negotiations and discussions on how to implement rights, which allows for us to address the specific differences among Indigenous peoples. The UN declaration and Bill C-15 build up from existing rights, and the annual reporting provides a level of accountability and transparency for implementing the UN declaration. Finally, it is an important step toward reconciliation and toward a fairer and more just Canada for all.

I would like to turn briefly to analysis of the bill’s FPIC, or free, prior and informed consent, as discussed by the UN Expert Mechanism on the Rights of Indigenous Peoples, or EMRIP, that identifies three functions of FPIC that are relevant: one, to restore Indigenous peoples’ control over their land and resources; two, to restore Indigenous peoples’ cultural integrity, pride and self-esteem; and three, to redress the power imbalance between Indigenous peoples and states, with a view to forging new partnerships based on rights and mutual respect.

The EMRIP notes that free, prior and informed consent operates fundamentally as a safeguard for the collective rights of Indigenous peoples. According to the EMRIP interpretation, Canada is obliged to consult with Indigenous peoples using a qualitative process of dialogue and negotiation in each step of planning through implementation, with consent as the objective. Honourable senators, we can see this potential in this bill and adoption will have a facilitating effect.

I now turn to how the bill could support what Indigenous peoples are already doing in the substantive re-articulation of Indigenous law and legal processes. I’m honoured to quote an esteemed former colleague, Dr. Val Napoleon, in describing Bill C-15 as:

 . . . an opportunity for Canada to be actively and truly multijuridical so that legal principles can guide how Indigenous peoples then interact with Canada, but in a supported way because there has been an undermining of those systems.

Professor Napoleon also sheds light on fears that the declaration and this bill somehow create a veto power that would have negative consequences for Canada. She told the Aboriginal Peoples Committee that this notion of a veto:

. . . derives from a very impoverished view of the law. It derives from the worst possible perception of how law operates. If we think about what the standards are by which our law operates in Canada and the legalities that make it legal, those standards will continue through all of its interpretations through the work on matters that we take to the law. So the idea of a veto, that’s not how the application of law works. That is not how the courts work.

There are balancing principled legal processes through which legitimacy of a decision is reached on a particular matter. Then the next case will require another principled process on that matter that is before it. So flattening that process and to say that it will create a veto is problematic.

Honourable senators, the context for our current robust debate is much larger and longer than the bill before us now. We have been engaged since Canada refused to sign on to the UN declaration in 2007, then shifted and adopted it in 2010 through a succession of bills, beginning with the first introduced by Romeo Saganash in 2013.

Canada has come a long way from 14 years ago when it refused to accept the declaration to where we are today with this bill’s commitment to incorporate the declaration in Canadian law. But, not to be mistaken, while passage of Bill C-15 is an incremental and small step, it is an essential step on the path to reconciliation, and a lot of work is still ahead for our generation and many more to follow.

I look forward to voting in favour of this bill. Thank you, meegwetch.

Honourable senators, I join you today from Epekwitk, the ancestral and unceded territory of my people, the Mi’kmaq, to speak in unequivocal support of Bill C-15.

The UN declaration is the result of decades of work by Indigenous leaders. It does not create new rights. Instead, it sets out existing international human rights standards that are specific to the circumstances of Indigenous people. It is also a valuable tool for promoting the compliance of state parties to their obligations.

Before the declaration was adopted by the UN General Assembly in 2007, many states did not recognize the status of Indigenous people as rights holders under international law. While 144 states later voted in favour, Canada was one of the four to reject it. Even when Canada reversed its position in 2010 and endorsed the declaration, it did so with qualifications, emphasizing that it was only aspirational and not legally binding. In 2016, Canada went on to endorse the declaration without qualification and committed to its full and effective implementation.

The context that may be unfamiliar to some is that it was only because of mounting pressure that in November 2017 the federal government went on to support Bill C-262 in the House of Commons. That bill was adopted in the other place in May 2018, with 206 votes in favour and 79 against, but after months of unnecessary delays and obstructions, it died on the Order Paper of the Senate on National Indigenous Peoples Day in 2019. That outcome fuelled widespread disappointment and frustration across the country. In response to calls from Indigenous people urging Canada to immediately implement the UN declaration, this federal government introduced Bill C-15 last December.

The progress made in past decades is not due to the genuine willingness of federal governments, both Conservatives and Liberal, to heal the broken relationship with First Nations, Métis and Inuit. It is due to the long and hard-fought struggle, both domestically and internationally, to ensure recognition, protection and fulfillment of our inherent rights.

Honourable senators, Bill C-15 sets out a legislative framework to advance the implementation of UNDRIP in Canada, and its passage is critical to advancing national reconciliation. The bill explicitly affirms that UNDRIP, as a universal, international human rights instrument, is applicable in Canadian law. Although provincial and federal courts already use it as a source of interpretation, Professor Naiomi Metallic and others have spoken about the importance of this affirmation, given that most lawyers, judges and the broader public remain woefully ignorant and resistant to its application and interpretation.

Once ratified through Bill C-15, UNDRIP will no longer be a mere political aspiration, but rather an international instrument that is legally binding on the state. In this regard, the bill has the potential to contribute to the advancement of the rights of Indigenous people, including through the evolution of jurisprudence on section 35 rights.

The bill also requires that current and future federal governments work in consultation and cooperation with Indigenous people to bring federal laws and policies into alignment with the declaration, as well as to develop an action plan to achieve its objectives. Using a distinctions-based approach, the action plan must be tabled in both Houses of Parliament and be made public within the two-year timeline. If, for instance, deadlines are not met or issues arise that cannot be resolved, committees in both places will be able to conduct hearings and make recommendations. Indigenous people will be able to voice their views and concerns at this stage. These legal requirements add an important layer of transparency, oversight and accountability. It is not lost on me that the transformative change some of us envision following the adoption of the bill will not happen overnight. We know that it is going to take a long time and hard work, and we will not always get it right. However, this process cannot be delayed any longer.

Honourable senators, Bill C-15 has generated some concern, and even fear, because of misunderstandings. To assist in your deliberations, I will do my best to provide some clarity now. Despite some suggestions, Bill C-15 does not impose new obligations on provincial, territorial or municipal governments. The bill only imposes obligations on the federal government. The preamble specifically recognizes that it is up to each of these jurisdictions to establish their own approaches. That is exactly what British Columbia did in 2019, and what the Northwest Territories is working toward. We cannot forget that the declaration is an international human rights instrument that is presently binding on Canada through the presumption of conformity and customary law. As a result, all levels of government — federal, provincial, territorial and municipal — must respect minimum human rights standards of Indigenous people. In other words, our different jurisdictions cannot just pick and choose which rights are convenient to uphold.

There has been much fear mongering that the right to free, prior and informed consent will, through the adoption of Bill C-15, provide Indigenous people with a veto over resource development and thus threaten economic opportunities. That is false. The right to free, prior and informed consent, or FPIC, does not amount to a veto. In fact, this word is not used in the declaration or the bill. FPIC goes beyond saying “yes” or “no.” It is concerned with the effective and meaningful participation of Indigenous people in decision-making processes that affect us before actions are taken. Although governments have an obligation to consult and cooperate in good faith with Indigenous people on proposed projects involving our lands, territories and resources, as well as in a wide range of other contexts, industry and other actors are also required to uphold minimum human rights standards.

Dr. Wilton Littlechild, for example, said that FPIC is key to upholding our right to self-determination and self-governance; protecting our lands, territories and resources; reducing or eliminating costly delays because of conflict and litigation; and facilitating equitable partnerships. Grand Chief Abel Bosum spoke about the gradual but significant advancements made by the Cree Nation in northern Quebec over the past four decades with regard to involvement in economic development projects. We also heard from the National Indigenous Economic Development Board, the National Aboriginal Capital Corporations Association, the Canadian Council for Aboriginal Business, the Reconciliation and Responsible Investment Initiative and others about the importance of Indigenous rights recognition through the passage of Bill C-15 to build a more prosperous and equitable future for Indigenous peoples and Canada.

Before concluding, I want to address the argument that Bill C-15 has been rushed through Parliament without enough consultation. It is true that some rights holders have indicated that they were not properly consulted. Some critics of the bill have pointed to this issue as a reason for the bill not to pass. However, the fact remains that there is overwhelming support for Bill C-15 by Indigenous peoples across Canada. Yes, there is some opposition, but that is to be expected given the distrust of governments at all levels due to past and present actions. The Committee on Aboriginal Peoples heard that the federal government undertook 33 bilateral sessions with the Assembly of First Nations, ITK and the Métis National Council. In addition, it held over 70 virtual sessions. Some recommendations made during this process became parts of Bill C-15.

We cannot forget that both the TRC and the MMIWG called on Canada to pass legislation to implement UNDRIP. Dr. Littlechild told our committee:

We as the Truth and Reconciliation Commission held the longest and most extensive consultation of Indigenous peoples. Over 7,000 witnesses came in front of us and talked about the UN declaration.

In terms of the time frame, how much time do we need?

Professor Metallic also reminded us that Canada has been discussing the contents of this bill for over years. Romeo Saganash, the former NDP MP who is a Cree from northern Quebec, introduced private member’s bills in 2014 and 2016 to implement the declaration that were defeated. He additionally conducted extensive cross-country meetings.

The relevant committees in the House and Senate examined Bill C-262 in 2018 for over 15 days, and Bill C-15, which builds upon it, has received even more parliamentary scrutiny. The House committee heard from over 40 witnesses and received 48 written submissions. The Senate committee heard from 89 witnesses in total and received 52 written briefs. Based on this context, Professor Metallic went on to state the following:

There is no substantive change in the law here, simply a clarification of the state of existing law and a commitment to a process to make future substantive changes, which explicitly requires Indigenous participation. There are therefore no adverse impacts of the law; the effects of the law are positive at best, or neutral at worst. Given that any future changes in the law will require consultation with Indigenous people, plus the five plus years of discussion over the contents of the bill, I think it is time for us to move forward and get to the real work of implementing the Declaration.

I completely agree with the views of these two renowned Indigenous experts. We cannot let this historical opportunity pass us by again. Colleagues, the critics of the bill have argued that the consultations conducted during both Bill C-262 and Bill C-15 are different matters. I strongly disagree.

The initial draft of Bill C-15 that was provided to Indigenous people during early consultations was Bill C-262. We need to consider both bills together to fully understand the extensive consultation that has occurred in the last five years and the significant contributions that Indigenous people have made since. The critics have also argued that the federal government did not fulfill its duty to consult Indigenous people when it came to the development of Bill C-15. However, in accordance with Mikisew Cree First Nation v. Canada from 2018, this assertion is contrary to the law as it stands today. If we look at the consultation that has been undertaken on Bill C-15, some could argue that the federal government likely exceeded what it was legally required to do.

Arguments have also been raised by critics as to whether there should be consensus by Indigenous people on Bill C-15. Yet it is unreasonable to expect 654 First Nations in Canada, without including Métis and Inuit, to reach such a threshold. And why should we if we do not expect the same of the non-Indigenous population? We cannot even agree amongst ourselves here.

Colleagues, since coming into existence in 1867, the Senate has played a key role in the genocide of Indigenous people through the imposition of laws and policies, such as the residential schools, which were designed to exploit, subjugate and erase us and which have contributed to the staggering rates of violence, death and suicide that we experience in our communities today.

That is the hard truth that this chamber of sober second thought must atone for. Indigenous people not only deserve better, but demand better from each of us. Words and promises are not relevant to real reconciliation. What matters are tangible actions and outcomes. I therefore implore you to vote in favour of Bill C-15 without delay. Wela’lioq. Thank you.

Would Senator Tannas take a question?

Thank you. I have a few questions to ask in order to make a question, if you will.

I don’t think there is anyone in the room who would deny a person self-determination in a situation where each person has the ability to make choices and manage their own life. Similarly, I don’t think there is anyone who would deny participation in education, ceremonies, culture and language. I think we all respect people’s rights to ceremonies, culture and language; as well, on the side of participating, there is the right to participate and compete for jobs or the right to participate and compete for contracts.

Should Indigenous peoples’ consent not be sought to effectively determine the outcome of decision making that affects their world and not merely be involved? In that regard, NIMBY extends beyond non-Indigenous. NIMBY also applies to Indigenous peoples. In recognizing the right to self-determination, recognizing the right to participate, and the Indigenous peoples being able to seek consent and vice versa, the developers, to use your concerns about investment not being made, and those wanting to make the investment or development, should be able to seek out the consent of Indigenous peoples about things that will affect their world, in their backyard.

An earlier speaker — I can’t remember if it was Senator Boehm — had mentioned Perry Bellegarde’s reference to the idea that this will help lead to trying to find that common ground to build on to move forward. There are a number of groups out there that want to see active investment in development and they want to participate in that. They want to compete for the jobs. They want to compete for the contracts. While there might be one Indigenous group that doesn’t want to follow the process, I hazard a guess the ratio is probably extremely high in that one group who wants to proceed, who want to get to, as you call it, the plan to make a plan. It will be a hard row to hoe, but hard or easy has nothing to do with this. We need to start making progress and this is a good platform to lift off from.

In terms of FPIC, to me it means nothing more than the right to participate, the right to self-determination and the right to involve oneself in something that will go on in your own backyard. I would like to know if you have some alignment with that in terms of those rights and the ability to seek consent.

Thank you.