Honourable senators, I’m pleased to rise today to speak in support of Bill C-262, An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP.

I would first like to thank our colleagues Senator Sinclair and Senator Boehm for their leadership and contributions on this important piece of legislation. I would also like to honour Romeo Saganash, Bill C-262’s tireless champion, who introduced this private member’s bill in the House of Commons in April 2016, almost three years ago.

The bill was passed in the House of Commons on May 30, 2018, with 285 votes cast: 206 yeas and 79 nays.

Earlier today, I was privileged, along with many of you, to attend the historic smudging ceremony in this chamber conducted so graciously by Algonquin elder Claudette Commanda. She blessed this house and blessed each of us while gently and firmly reminding us to use our wisdom, courage, love and strength to work together with kindness for the benefit of all peoples of Canada. This simple, meaningful, and respectful act is, to my mind, a practical demonstration of the harmony referred to in the description of Bill C-262.

We have already heard from our own in-house Indigenous rights expert, legal scholar truth teller and reconciliation seeker, Senator Sinclair, on the importance of this bill, its historical background and the strong case for getting on with righting the centuries of wrongs our country and its citizens have committed against the First Nations, Metis and Inuit peoples of Canada. And, of course, the case for them moving forward with a new relationship based on mutual respect.

I will briefly go over the key aspects of this bill, since it has been a while since we last debated it in the Senate. I will then give some international context on the declaration and relate it to other international commitments. From there, I will give some more regional context, and then conclude with some thoughts on our deliberations.

Colleagues, it’s estimated there are over 370 million Indigenous people from 5,000 groups living in 90 countries worldwide. Approximately 1.4 million of those people are here in Canada.

UNDRIP defines the minimum standards necessary for the survival, dignity and well-being of Indigenous peoples of the world. Bill C-262 is an instrument designed to bring that declaration, UNDRIP, home to Canada. In essence, Bill C-262 focuses on three main points of action while safeguarding existing Aboriginal and treaty rights and ensuring the act does not cause any delays in the application of the declaration. The three key points are, quoting from the bill:

The Government of Canada, in consultation and co-operation with Indigenous peoples in Canada, must take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

The Government of Canada must, in consultation and co-operation with indigenous peoples, develop and implement a national action plan to achieve the objectives of the United Nations Declaration on the Rights of Indigenous Peoples.

The Minister of Indian Affairs and Northern Development must, within 60 days after the first day of April of every year . . . submit a report to each House of Parliament on the implementation of the measures referred to in section 4 and the plan referred to in section 5 . . . .

This reporting was to commence in 2017.

In summary, Bill C-262 is asking for a thorough review of our Canadian laws with a view to ensuring their consistency with UNDRIP. The bill is also insisting on an action plan to achieve the objectives of the declaration Canada has adopted. Finally, the bill requires annual reporting to ensure accountability and ignite momentum on the previous points.

In other words, the bill is concerned with moving forward at home with the implementation of the commitments we, as a country, have made at the UN table with our global neighbours.

Colleagues, this seems reasonable and fair. However, it has taken a very long road to get to where we are today.

While reading up on the UN declaration, I was pleased to find the handbook for parliamentarians entitled Implementing the United Nations Declaration on the Rights of Indigenous Peoples, published by the Inter-Parliamentary Union in 2014. The handbook provides some useful tools and information for legislators like ourselves around the world, and it highlights the historical context at the international level leading up to the declaration.

In 1923, Cayuga Chief Deskaheh of the Iroquois Nation first came to the League of Nations to assert the rights of his people. It has been almost 100 years since that first assertion of Indigenous rights by Chief Deskaheh at the world’s most important international governance body. It was not until 1982 that the international community formally established the working group on Indigenous populations to develop that minimum set of standards that would protect Indigenous peoples and their rights.

The working group’s first draft was approved in 1994 and sent to the UN Commission on Human Rights to be further discussed.

The process that followed was lengthy, due to concerns — and I think we will continue to discuss these — regarding Indigenous peoples’ rights to self-determination and the duty of states to obtain or, in some cases, seek to obtain Indigenous people’s free, prior and informed consent in relation to interests in lands, territories and resources. The initial hope was to produce and have participating nations adopt a declaration on Indigenous rights within the first international decade of the world’s Indigenous peoples, which ran from 1995 to 2004. It would take a few more years.

On October 13, 2007, the UN General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples with a majority of 144 states in favour. Canada was not among them. Canada did not officially endorse the declaration until 2010 and then did not finally adopt it fully until 2016.

As Prime Minister Trudeau has stated, a framework that includes measures like these will finally bring to life many of the recommendations made by the Royal Commission on Aboriginal Peoples, the Truth and Reconciliation Commission and countless other studies and reports over the years. The 46 articles found in UNDRIP will help guide legislators — us — and judiciary across Canada in their duties and will help ensure that history of oppression that has been experienced by Indigenous peoples in Canada is redressed and that all Canadians continue to take the necessary steps to respond to the Truth and Reconciliation Commission’s report and Calls to Action.

The first principle in the TRC report specifies that Canada will only flourish if reconciliation is firmly based on the principles of the declaration and that the foundation of this reconciliation is felt at all levels of government and across every part of our country.

Further, the Truth and Reconciliation Commission’s Call to Action number 43 states:

We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.

Canada has gone part of the way in responding to this important call to action by finally adopting the UN declaration. Bill C-262 will now move us forward on the critical path towards implementation. This is the action part.

In addition to responding to the TRC report and Calls to Action, the UN declaration also dovetails very nicely and reinforces Canada’s commitment to achieving the 2030 Agenda for Sustainable Development, which came into effect in January 2016. The overall goal of Agenda 2030 is the reduction of inequalities.

Indigenous peoples are mentioned specifically in Agenda 2030, including in reference to the goals of zero hunger, universal inclusive education and, most importantly, in reference to Indigenous people’s rights to participate in decisions that affect them. Like Agenda 2030’s emphasis on equality, the United Nations Declaration on the Rights of Indigenous Peoples opens with two clauses on the theme of equality.

Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, . . . .

And:

Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid morally condemnable and socially unjust, . . . .

Bringing these issues of equality and racism closer to home, actor Ellen Page, a native of Nova Scotia, spoke out a couple of weeks ago on The Late Show with Steven Colbert about the environmental racism entrenched in Nova Scotia for decades and which has had severe consequences for the community of Pictou Landing First Nation. This is a community close to my home, and this is a situation where free, prior and informed consent did not come into play.

Interestingly, Nova Scotia’s environment minister agrees with Ellen Page. He was quoted last year as saying that “the toxic Boat Harbour lagoon is one of the worst examples of environmental racism in the province and possibly the country.”

Originally used by First Nations people for fishing, clam digging, hunting, cultural pursuits and recreation, as well as a harbour for their fishing boats, Boat Harbour, on the edge of the reserve, is now a toxic lagoon. It has been a dumping ground for waste from the chemical plant and the local pulp mill since the 1960s. Air pollution is another serious risk facing the Pictou Landing community, adding to the damage on people’s health and economic prospects.

For decades, misrepresentation, lies, betrayal, disrespect, broken promises, neglect and a complete disregard for the people have characterized the government and business relationship with Pictou Landing First Nation.

With the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and Bill C-262, the hope and expectation is that egregious rights abuses and tragedies such as Boat Harbour will be prevented in the future and will be dealt with fairly and swiftly today.

Colleagues, here we are as Canadians at a very important turning point in our relationships with our Indigenous neighbours and with their governments. Canada has adopted the United Nations Declaration on the Rights of Indigenous Peoples.

We have an instrument before us, Bill C-262, which provides critical tools and accountability for putting our national commitment to UNDRIP into action. Colleagues, it is time to walk the talk, or as my colleague Senator Christmas might say, it is time for “reconciliaction.” It is time for Canada to truly flourish, for all of us to flourish together, to reconcile and to engage in a respectful relationship where everyone has a voice that is heard and a recognized place at the table. Is this not what an evolved democracy looks like in 2019?

Canada was late. We were a laggard coming to the UN table on this Declaration on the Rights of Indigenous Peoples. Let’s take this opportunity to study together and pass Bill C-262 so that we can move forward into a position of leadership at the global table, leadership based on what we do and how we actually implement this well-thought-through rights document here at home. This will take trust and openness and, if done well, it will build trust. Without trust, we cannot possibly move forward.

Honourable colleagues, let’s work together to put an end to the legacy of poor relationships, bad laws and disrespect which resulted in the Boat Harbour tragedy and the many other injustices we’ve heard so much about. Sharing power can be a difficult thing to achieve, but I think we all know that it is really the only just and sustainable solution that can work and endure for us as Canadians.

Let’s hear what our colleagues have to say and let’s each do our part in getting Bill C-262 to committee without delay. Thank you. Wela’lioq.