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Core 1..156 Hansard (PRISM::Advent3b2 17.25) House of Commons Debates VOLUME 148 Ï NUMBER 257 Ï 1st SESSION Ï 42nd PARLIAMENT OFFICIAL REPORT (HANSARD) Monday, February 5, 2018 Speaker: The Honourable Geoff Regan CONTENTS (Table of Contents appears at back of this issue.) 16721 HOUSE OF COMMONS Monday, February 5, 2018 The House met at 11 a.m. concerns clearly to Canadians and to the international community, particularly as they relate to the concept of free, prior, and informed consent.... Prayer That really is at the crux of this debate. Can the concept of free, prior, and informed consent reconcile with section 35 of the Constitution and the Charter of Rights and Freedoms? Can we reconcile free, prior, and informed consent with the Canadian PRIVATE MEMBERS' BUSINESS concept, which has been developed by Canadian legislatures, by Canadian Parliaments, by negotiations, and through jurisprudence, Ï (1105) of the duty to consult and accommodate where necessary? Can the [English] two be reconciled, or would the implementation of UNDRIP and UNITED NATIONS DECLARATION ON THE RIGHTS OF FPIC, as they are called, supersede the work that has been done over INDIGENOUS PEOPLES ACT the last 15 years especially, by the courts, by government, to create the duty to consult and accommodate? That is still a concept that is The House resumed from December 5, 2017, consideration of the under constant refinement. It is one that is uniquely Canadian, and it motion that Bill C-262, An Act to ensure that the laws of Canada are responds to the unique circumstances Canadians have, which include in harmony with the United Nations Declaration on the Rights of section 35. We are one of the only countries in the world that Indigenous Peoples, be read the second time and referred to a specifically outlines indigenous rights and has them enshrined in our committee. Constitution. Mr. Mark Strahl (Chilliwack—Hope, CPC): Mr. Speaker, it is a pleasure to be in the House today to talk about Bill C-262. At the outset, I would like to thank the member for Abitibi—Baie-James— There is grave concern that if we were to simply adopt the United Nunavik—Eeyou for his passion and his lifelong work to advance Nations convention how it would interact with our laws. That is why the causes of indigenous peoples, both in his riding and across the our previous government supported the goals and the underlying country. He is a passionate defender of indigenous rights. He is a principles of the United Nations Declaration on the Rights of passionate defender of indigenous languages. He is a survivor of the Indigenous People but said that it was an aspirational document that residential school system. should serve as a guide, not as a legal text. It was a pleasure to work with the member when I was the parliamentary secretary to the minister of aboriginal affairs in the last That is a significant difference between the vision of the NDP and Parliament. We had discussions about this. He brought forward a the current government. The government has now indicated that it similar bill calling on the Government of Canada to implement the will support the bill, which says that the Government of Canada United Nations Declaration on the Rights of Indigenous Peoples in must adopt the United Nations Declaration on the Rights of Canadian law. At the time, when I spoke to his bill, I said: Indigenous Peoples and make Canadian laws compliant with it. It must be said at the outset that our government is dedicated to protecting aboriginal rights in Canada. Indeed, Canada already boasts a unique and robust legal framework through which aboriginal rights are protected.... One of the issues the member took with my speech and my More than just lip service, we have enshrined the rights of aboriginal peoples in position in the last Parliament was the subject of whether free, prior, our Constitution, one of the only countries in the world to do so. As my hon. and informed consent constituted a veto. colleagues will know, aboriginal and treaty rights are recognized and affirmed in section 35 of the Constitution Act and reaffirmed in the Charter of Rights and Freedoms. Moreover, our government has also issued a statement of support for the principles of the very document at the core of this bill, the United Nations There are specific articles of the United Nations declaration that Declaration on the Rights of Indigenous Peoples, which are consistent with our own speak to natural resource development, for instance, on traditional commitment to continue working in partnership with aboriginal peoples to improve the well-being of aboriginal Canadians. territories. The member took great offence when I indicated that this would constitute a veto for indigenous communities, but I am not the However, we have also been clear from the outset that while we support the general principles behind the declaration, there are several portions of the document only who has said that. Dr. Pam Palmater, an indigenous activist and with which our government has grave concerns, and we have articulated those commentator, said very clearly in a CBC interview: 16722 COMMONS DEBATES February 5, 2018 Private Members' Business We have...a legal right to free and informed and prior consent.... First Nations Ï (1110) aren't asking for anything. First Nations have the right to free, informed and prior consent. That right is guaranteed in law and in effect that is a veto. First Nations say no on their territory, that means no. And [the Prime Minister] said very clearly that no means no when talking to First Nations. His job is to try to find ways in which to go Ms. Linda Duncan (Edmonton Strathcona, NDP): Mr. Speaker, forward with a yes to make sure that...the environment is protected and the economy goes forward, but not one at the expense of the other. I wish at the outset to recognize the testimony of over 6,000 Canadians before the Truth and Reconciliation Commission and the On February 8, 2017, under the headline “[The Prime Minister] many who have advocated for the enactment of the United Nations has forgotten his promises to Indigenous Canadians”, she went on to Declaration on the Rights of Indigenous Peoples. say: During the 2015 election campaign, [the Prime Minister] told First Nations that if we elected him, he would absolutely respect our legal right to veto any development on our territories. And yet his government has approved two major pipelines. I particularly wish to pay tribute to my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, for his dedication and We have no choice but to challenge the Canadian government over its pipeline plans, and continue to fight. persistence in both the creation of the UNDRIP and its affirmation in Canadian law. Clearly, there are some indigenous scholars who believe that simply agreeing to the principles of UNDRIP means that a right to veto has already been granted to indigenous communities. Clearly, more work needs to be done. We cannot simply rush into a process It is truly an honour and a privilege to speak in support of Bill where there is no agreement on what these articles mean and how C-262, an act to ensure that the laws of Canada are in harmony with they would be applied in Canadian law. the United Nations Declaration on the Rights of Indigenous Peoples. The bill was tabled by the member for Abitibi—Baie-James— I want to quote Frank Iacobucci, the former Supreme Court Nunavik—Eeyou, the NDP critic for reconciliation. It affirms the justice, who said: UNDRIP as a universal international human rights instrument with application in Canadian law. It requires that the government take all An important tenet of UNDRIP is the consultation of indigenous peoples “in order to obtain their free, prior and informed consent.” Future legislation, government necessary measures to ensure that Canadian laws are consistent with policy and judicial interpretations will determine whether these principles differ the declaration and to do so in consultation and co-operation with significantly from Canada's existing jurisprudence on the duty to consult. indigenous peoples in Canada. It also requires, through that same Regardless, the principles of free, prior and informed consent and the existing inclusive process, an action plan to achieve those objectives. duty to consult share the same goal: to protect Indigenous peoples, remedy historical disadvantage and provide a foundation for a more respectful and mutually beneficial relationship. As early as 2006, former NDP leader Jack Layton expressed our Clearly, that is the goal of all parliamentarians. We want to find a party's support for the UNDRIP, saying that it was our belief in way to make our laws and system work better for all indigenous social justice and equality that led us to support the declaration. communities in Canada. We want to make sure that they see the Related bills and motions were introduced during past Parliaments benefits of responsible resource development. We have certainly by former NDP MP Denise Savoie and the member for London— seen cases where the government has had no concern for the Fanshawe. In the previous Parliament, a bill similar to Bill C-262 indigenous communities that support natural resource development. was tabled by the member for Abitibi—Baie-James—Nunavik— On the Eagle Spirit Energy pipeline, for instance, they were not Eeyou, but it was defeated at second reading by 17 votes. consulted at all on the issue of the tanker moratorium in northern British Columbia. The northern gateway pipeline was cancelled without consulting indigenous communities that stood to benefit by a $2-billion equity share in that project.
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