Garnett Genuis

“Madam Speaker, I am very grateful for the opportunity to rise today to speak to Bill C‑10, an act respecting the commissioner for modern treaty implementation. This bill seeks to create a new, independent officer of Parliament. It is a way to hold current and future governments accountable for the commitments made under modern treaties with indigenous peoples across the country. It is because of the need for a more consistent approach to modern treaty implementation that we strongly encourage the swift passage of Bill C‑10. I would like to reiterate that modern treaties are legally binding agreements that recognize the rights, priorities and aspirations of indigenous peoples. They aim to support indigenous self-government, establish better frameworks for economic development and environmental management and protection, and promote cultural vitality. Modern treaty implementation is crucial. While significant progress is being made, there are still opportunities to strengthen this implementation. Modern treaty partners have made it clear that Canada could become an even stronger partner and do more to honour agreements and commitments protected under the Constitution. For many years, indigenous partners have driven home the vital importance of proactive federal action in addressing modern treaty challenges. They are not alone. The Auditor General’s 2003, 2007 and 2015 reports identified similar areas for improvement in the Canadian government’s implementation efforts. One such area of improvement concerns independent oversight and accountability. That is why the bill before us today is so important. The commissioner for modern treaty implementation would be able to help resolve long-standing issues through targeted reports and audits. He or she could also look at specific issues concerning one or more treaties and choose the best path forward. In doing so, the commissioner would highlight opportunities for Canada to strengthen the role of the Canadian government as a treaty partner, which should lead to more sustained federal implementation efforts and improved relationships all around. David Wright, an associate professor at the faculty of law at the University of Calgary, used a very clear analogy before the Standing Committee on Indigenous and Northern Affairs on March 12. The Auditor General is more like a family doctor, a generalist, while the commissioner will be a specialist whose mission will be precisely to diagnose and address the specific effects of modern treaty implementation. That is a powerful analogy. The commissioner will draw on their specific expertise in modern treaties to ensure that reviews and audits are based on a solid understanding of the spirit and intent of those treaties. The commissioner will have their own office, just like the Auditor General and the Privacy Commissioner. They will not be accountable to any specific department or to the Prime Minister, but will report directly to Parliament. This bill will also provide access to analyses and recommendations from independent experts. Furthermore, over the years, in response to feedback from modern treaty partners, successive governments have worked to strengthen the implementation of modern treaties. In 2015, the Government of Canada adopted the cabinet directive on the federal approach to modern treaty implementation. This measure marked the beginning of an important step toward greater transparency and accountability to help overcome systemic barriers in this regard. In 2023, the Canadian government also adopted Canada’s collaborative modern treaty implementation policy. In May 2024, the government announced its intention to create a new officer of Parliament, which I strongly support today. Bill C-10 is a vital means of supporting our relationships with modern treaty partners. We have a duty to uphold our treaty obligations. Bill C-10 responds to more than 20 years of calls for independent oversight and for Canada to act as a stronger partner. This bill is the result of a co-development process and a genuine partnership between our government and modern treaty partners. Modern treaties have the power to strengthen the social, cultural and economic foundations of indigenous communities, thereby fostering more robust local economies, job creation, better infrastructure for everyone and support for clean energy. Currently, 27 modern treaties are in effect with 30 indigenous partners. These agreements cover more than 40% of Canada’s territory, 80% of which is in the northern part of the country. In conclusion, we have come a long way, but there is still more we can do to increase transparency and accountability, and to fully honour our commitments to modern treaty partners. That is why we have drafted this bill and why we are calling for its swift passage. That is why it is so important. This bill demonstrates Canada’s commitment and dedication and represents a step toward a better future for our important modern treaty partners. It is time for the House to show unity. The implementation of modern treaties is a national imperative. Finally, like others have done, I would like to thank all the strong indigenous voices who paved the way for this bill to be introduced in the House. Their leadership inspires us to keep our promises.”