United Nations Declaration on the Rights of Indigenous Peoples Bill
Bill to Amend—Second Reading—Debate Continued
February 28, 2019
The Honorable Senator Julie Miville-Dechêne:
Dear colleagues, I rise to speak humbly and briefly 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. This bill constitutes what I hope is a real and tangible step in the necessary process of reconciliation.
As the Quebec representative in the Delegation of Canada to UNESCO, I followed this declaration as it made its way through the UN agencies. I saw that many countries were quite strongly opposed to this founding document, which states that Indigenous rights are quite simply human rights. There are not two classes of citizens. This declaration, as my colleague said much more eloquently than I, is not legally binding, but it can serve as a guide for the countries that adopt it. Bill C-262 stipulates that all federal laws must be in harmony with the many principles set out in this declaration, which contains 46 articles. That is a lot, so this is a bold step for Canada. Adopting the UN Declaration on the Rights of Indigenous Peoples is a major step toward the international recognition of colonial violence and the resulting suffering and injustices, the impact of which is still being felt today. It is high time that we changed the relationship between the Canadian government and Indigenous peoples.
I am particularly affected by this issue because Indigenous women are the greatest victims in our society where gender inequality persists. As former chair of the Conseil du statut de la femme, I worked with Quebec Native Women on producing a statistical publication on the serious situation of First Nations women, which was intended for the general public.
The statistics speak volumes. The rate of poverty is twice as high for Indigenous women living off-reserve compared to non-Indigenous women. Indigenous women are three times more likely to be victims of domestic violence than non-Indigenous women.
Over three quarters of Indigenous girls under 18 have been victims of sexual assault. Article 22(2) of the UN Declaration states that “States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.” This article gives hope that the suffering of Indigenous women will be addressed through more visionary, more comprehensive policies and measures in Canada.
For example, it is unacceptable that several families are crammed into one dwelling because of the lack of housing. This overcrowding causes more problems and exacerbates disputes and episodes of violence. It is also incomprehensible that the Indian Act continues to discriminate on the basis of sex when it comes to passing on Indigenous status to descendants. For example, an Indigenous woman with a non-status spouse cannot pass on her status to her grandchildren, which is not the case for an Indigenous man.
In a recent interview, Michèle Audette, one of the commissioners with the National Inquiry into Missing and Murdered Indigenous Women and Girls, said that Indigenous women have been affected by one or more types of genocide here in Canada. Ms. Audette is not referring to cultural genocide, but actual genocide, which foreshadows what the commission’s upcoming report will be about. What does it mean to harmonize federal legislation with the UN Declaration on the Rights of Indigenous peoples?
I can imagine that many jurists will have formed their own opinions, but I have an example right in front of me, namely Bill C-71 on gun control. Michèle Audette came to tell us that this bill should pay close attention to violence against Indigenous women, especially violence with firearms.
According to her, this means that everyone living in the same home as someone applying for a firearms licence should be consulted. This procedure would be more involved than the background checks set out in Bill C-71. We must understand that Indigenous peoples may be claiming their autonomy and their ancestral rights in relation to firearms, but Indigenous women are still being very vocal in demanding better protections.
I want to take this opportunity to urge the Government of Quebec to endorse the UN Declaration on the Rights of Indigenous Peoples. This sends a strong message and represents a step towards reconciliation. British Columbia has already committed to doing so.
In conclusion, Bill C-262 is a clear recognition of the role of Indigenous peoples in our past and our present, and it provides tools to envision a better future. We must send this bill to committee stage. Meegwetch. Thank you.