Commissioner for Modern Treaty Implementation Act

Bill C-10, Commissioner for Modern Treaty Implementation Act · Third reading · now at committee in the Senate Where it stands

What Bill C-10 would do

The bill would create the role of Commissioner for Modern Treaty Implementation along with an office to support the position. The commissioner would review and audit federal institutions to examine how they carry out modern treaties. The bill would also make related changes to other federal laws.

Official text (opens in a new tab)

11 statements

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Indigenous leaders want this bill passed to create an independent office for modern treaties. The Conservatives say the government does not do enough, but they are voting against this bill anyway.”
Official Hansard

Madam Speaker, it would appear as if the Conservative Party is not actually listening to what indigenous people of Canada are saying about the commission. On the one hand, the Conservatives like to talk about the government not doing enough, but then on the other hand, when we have a substantial piece of legislation in Bill C-10, the creation of an independent office of Parliament, they are not supporting it. That is the bottom line, even though indigenous leadership is saying they would like to see it passed. Does the member have any concerns about the way the Conservative Party is voting on this legislation?

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Many Indigenous leaders and modern treaty partners support this bill and say we need it. I want to know if the member will support it too.”
Official Hansard

Madam Speaker, could the member provide his thoughts in regard to the feedback we have had from many modern treaty partners that have ultimately looked at the legislation and have seen it to be of great value? It would seem to me that there are many within the indigenous leadership who want Bill C-10. Where does the member stand in regard to that issue, where a significant percentage of a community is saying that this is something that is necessary?

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to pass this bill quickly. It creates an independent commissioner to make sure the government follows through on modern treaties with Indigenous peoples. The Conservatives are the only party fighting this bill, and they should stop delaying it.”
Official Hansard

Madam Speaker, it is a pleasure to rise and speak to Bill C-10. I really believe that the Conservatives have missed the mark on this. I am pleased to see and hear that the Bloc is going to be supporting the legislation. I had a tough time listening to the member for Winnipeg Centre, and I will provide some comments on that as to why. However, having said that, I appreciate and am somewhat grateful that the NDP has also indicated support for Bill C-10. I believe the leader of the Green Party has also indicated support for Bill C-10. The only political entity inside the House today that does not recognize the value of passing Bill C-10 is actually the Conservative Party of Canada. I often make reference to that far right element, which continues to grow. In fact, a number of them have been promoted to come a little closer to the front. At the end of the day, I am disappointed in the Conservative Party for not recognizing the true value of Bill C-10. We have had a Prime Minister, in one way, who has emphasized how important it is that we build a stronger and healthier Canada. We have talked about that now since the last federal election just over a year ago, when Canadians elected a new government. In order for Canada to succeed to the degree the Prime Minister of Canada or any member of the House wants to see it succeed and prosper into the future, indigenous leadership and indigenous people have to be at the forefront. When I take a look at Bill C-10 and what it actually does, I do not understand why the Conservatives have chosen to vote against the legislation. I am going to suggest to them that they might want to reconsider their positioning on the legislation, because at the core, the heart of the legislation is to ensure more accountability, more transparency. This is in essence what the bill would do, yet the Conservative Party has determined that it does not want to support this legislation because of a belief that it would not be necessary if the government just did more on the file. I have been around since 2010 as a federal member of Parliament, and I spent just under 20 years as an MLA in Manitoba. I can tell the House that when we take a look at independent agencies of Parliament, whether at the national level or the provincial level, they play a critical role in the issue of accountability and transparency on a wide variety of different issues. If we want to get a good sense of it, let us take a look at the Auditor General. It does not mean we have to agree with every detail that comes back out of a report, but it is important to recognize the report and that the report raises the profile of critically important issues that have been determined by a thorough investigation. This is what we are actually looking at with the creation of a commissioner to deal with modern treaties. Why would they not support that? At the different levels of government, we see mechanisms that are put into place to ensure that this does take place, that there is a higher sense of accountability, that there is a thorough look into a number of different issues that are important to the nation and our best collective interest. This is why, first and foremost, setting up a commissioner through the legislation and an office that is there to support the commissioner, in the legislation necessary to give the commissioner the authority and power to call into question the modern treaties and some things that are or are not taking place, and raising them in the form of a report to the appropriate federal minister, ultimately does a great service. This is especially so if we want to follow through on what the government has been talking about for the past 18 months or so, since the last federal election. I would ask the Conservative Party to reconsider their position and to work collaboratively with the government on this particular issue. I believe that not only would the communities we represent support it but also that a good part of our indigenous leadership would like to see this put into law. In fact, if we listen to the minister and her explanation in introducing the legislation, or in bringing it up again for third reading, we will find that there was a great deal of consultation done with modern treaty partners, other indigenous leaders, provinces and other stakeholders, in order to ensure that we got it right. That is the way it was introduced, and the minister has been very open on the file. I would like to think that if members put it in the same category as other independent agents of Parliament, they would see the true benefits of allowing this bill to pass. Now, it is not an issue of whether the bill will pass. The bill will pass. One of the Conservative members says, “We will see.” The bill will pass, as we are working in collaboration with other opposition leaders and parties. Only the Conservatives do not support it. The only thing the Conservatives can do is put up obstacles in order to prevent its passage in a timely fashion. That is the reason I am spending the first part of my comments appealing to the Conservatives. I believe the Conservatives understand that there is a lot of political support for the passage of the legislation. It has already been before the House. People have had the opportunity for months to take a look at the legislation and to provide both direct and indirect feedback to the minister. It is time that we actually see this legislation pass. Today, two other major pieces of legislation were introduced. These bills are going to have a profound positive impact on our nation. Given the limited amount of time that we have to debate on the floor of the House of Commons, I would suggest that passing this legislation earlier as opposed to later would provide more time for us to talk about legislation that is on the horizon, including legislation tabled today. This is not to disregard the opposition’s comments. Where the opposition seems to be unified is in an area which, again, I do not necessarily agree with. I will go to the comments from the member for Winnipeg Centre right away, on the issue of the government doing more. In short, we can always do more. We can always try to do better. There is no doubt about that. As a government, in terms of priorities, I believe we are making progress. We are taking steps forward, and Bill C-10 is one of those steps. I will give members a sense of why it is an important piece of legislation. The member for Winnipeg Centre was talking about how the federal government and the Prime Minister are doing things by expanding the economy, bringing in huge amounts of investment, and how that is a bad thing because of the lack of involvement from indigenous peoples. Ultimately, I would argue that, to a certain degree, is maybe a little bit misleading. The government has worked in the past and continues to work on that critical relationship between levels of government, which includes indigenous peoples. When we talk about those major projects, I will talk about the province of Manitoba. In Manitoba, the big project we continue to talk about, promote and encourage is the port of Churchill, which is connected by the Hudson Bay Railway. That is a major project for Manitoba. The Prime Minister has acknowledged that, our budget reflects that and the commitment reflects that. The premier of Manitoba has recognized it, supports it, wants to see it move forward, and has actually committed significant tax breaks for companies to invest. Indigenous people are the ones who are leading the file. OneNorth, for example, is made up of 41 northern indigenous communities that came together, and they operate together in terms of the best interests of indigenous people, the north, and of course, of our nation. They are the owner of Arctic Gateway Group, which is responsible for the port of Churchill and the Hudson Bay Railway. Relatively recently, we finally had another ship leave the port of Churchill full of grain. There are many in the prairies who see the true value and want to see the port of Churchill realized. I believe it is wrong to try to give a false impression that, as a government, we are trying to do things without working with indigenous people. The minister herself made some comments referencing that the modern treaties’ partners are critical to advancing many of the projects we are seeing right now. She said, “such as the Nisg̱a’a nation with Ksi Lisims and the Tłı̨chǫ first nation with the Arctic economic and security corridor.” In Iqaluit, we have the NTI, which is leading a hydroelectric project. We are seeing modern treaty partners across the country, not only in equity, but also leading the charge in these major projects. This is what the minister indicated earlier. These modern treaties make a huge difference in managing and moving forward on our environment, our economy and overall growth in Canada. Whether it is the Prime Minister, the government in general or, as I would like to think, all members of the chamber, we should be encouraging and recognizing indigenous involvement, because it is real and tangible and is making a difference in the lives of all Canadians. That is the reason I say, when the member for Winnipeg Centre and others indirectly allude to it, that at the end of the day, there are all sorts of opportunities for all of us. The modern treaties and what this legislation would do to reinforce the strength of the modern treaties are things we should all be recognizing. That is why when the minister spoke, I asked her a question in regard to the impact that modern treaties have on Bill C-10 and the types of actions the government has been taking over the last year plus, since the last election. She concurred with my remarks, and she is not alone. Many of the people I represent, virtually the entirety of the Liberal caucus and many members opposite see the benefit of having a commissioner, an independent agent of Parliament, hold more accountability and transparency on the issue of modern treaties, and see how modern treaties can contribute to the agenda that is not owned by any individual but should be the Canadian agenda, with a team Canada approach. That is to build a stronger, healthier Canada in every region of this nation. That was the point I was making with the minister earlier when she brought in the bill, because it is substantive. In terms of the commissioner, these are some of the things that the commissioner would be able to do: review and audit the federal implementation of modern treaties. When we think of modern treaties, the first one was the James Bay modern treaty, back in 1975. It dealt with things such as land ownership, financial compensation and the issue of self-governance. Modern treaties today enable a higher sense of collaboration among the different levels of government. The more we take that team approach and work collaboratively, the bigger we are going to be able to grow as a nation as a whole. Bill C-10 is legislation that fits into a much larger picture. Any time we can reflect positively on the floor of the House of Commons in regard to modern treaties, we should take advantage of it and do just that. We should support modern-day treaties because they do make a difference. Governments change; they come and go. Maybe that will happen in 10 or 15 years. However long it might be, at the end of the day, they do change, and having an independent agent of Parliament is good for all of Canada.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want members to support this bill. It creates a commissioner to report on how well we follow modern treaties with Indigenous people. This will improve our relationship with them, and many Indigenous leaders have asked for it.”
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Official Hansard

Madam Speaker, Bill C-10 recognizes the value that modern treaties play in Canadian society. It would enable a better, stronger relationship between the federal government and indigenous people. Having a commissioner that reports back to the House on where the government needs to improve would be a positive thing. I am not alone, as many indigenous leaders have actually been advocating for that. I could be wrong on this, but I understand that even with modern treaties that were brought into place, the topic of having a commissioner was discussed.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to pass this bill soon. It is a high priority for the government. I want the Conservatives to stop blocking it and let it pass.”
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Official Hansard

Madam Speaker, I am grateful and appreciate that the Bloc has recognized the value of Bill C-10 and is working with the government to see its ultimate passage. It is really encouraging that less than 18 months ago, Canadians elected a new government, a new Prime Minister and 70-plus new Liberal MPs. At the end of the day, this has been established as a high priority for the Prime Minister. That is the reason we are debating the bill today at third reading. That is the reason I spent as much time as I did at the very beginning of my comments asking for the Conservatives to reconsider their positioning and at the very least let us pass the legislation. I can assure members that the Prime Minister wants to see it passed. That is why we prioritized it. Hopefully it will pass relatively soon.

Karim Bardeesy, Parliamentary Secretary to the Minister of Industry

Liberal
“This bill helps us follow our treaties better. That creates more certainty for the economy. I want my colleague to explain more about how following these treaties helps the economy.”
Official Hansard

Madam Speaker, I very much appreciated my colleague’s speech. He made a very important point that I am going to ask him to elaborate on now, which is that this bill has the prospect of not only improving our treaty relationships and improving the likelihood of really good adherence to treaties, but also creating more economic certainty. If we have adherence to treaties that have an economic dimension, that means an accountability function through Parliament allows more potential certainty with respect to the underlying economic relations of the treaty. I am wondering if my colleague could elaborate on that.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to pass this bill. Modern treaties help our society and our economy. This bill will hold governments accountable and make sure we keep our promises.”
Official Hansard

Madam Speaker, I appreciate the question because it allows me to amplify that modern-day treaties can have such a huge, positive impact, not only from a social perspective, but also from an economic perspective. When we take a look at Bill C-10 and put it into the larger picture of what we have been trying to accomplish over the 18 months since the last election in building a stronger and healthier Canadian economy, Bill C-10 plays an important role. This is because it would ensure not only that we would be meeting an obligation to the different stakeholders, but that this government and future governments would be held to account and have more transparency and would live up to modern-day treaties. In my opinion, it is a win-win situation. We just need the legislation to pass.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“We should pass this bill. It creates an independent commissioner to hold the government accountable, just like the Auditor General does.”
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Official Hansard

Madam Speaker, let us follow the same logic and principle and apply it to the Auditor General of Canada. Much of the work done by the Auditor General of Canada is done in different ways by different departments. Would the member be advocating that we get rid of the Auditor General of Canada because it is a huge bureaucracy? I suspect not, or at least I would hope not. At the end of the day, the difference is that this would be an independent agent of Parliament. That is the significant difference. I would ask the member opposite whether he believes that independent agents of Parliament provide a worthwhile service to the House of Commons and to Parliament. I would argue they do.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to pass this bill. It is hard to pass laws without a majority, but the Prime Minister wants all parties to work together. It is good to see other parties support this bill.”
Official Hansard

Madam Speaker, I am going to allude to an answer I provided a little earlier regarding Bill C-10, because the leader of the Green Party is right that it was a part of the agenda in a previous government. In minority situations, it can be even more of a challenge trying to get legislation through the House, as she would know. Given that there is a majority government, I can tell the leader of the Green Party that we have a Prime Minister who still wants to see collaboration in the House. That is why in my opening comments I talked about it being encouraging to see, whether it is the leader of the Green Party, the New Democrats or the Bloc, a recognition of the value of this particular piece of legislation. It is the Prime Minister’s will to see it pass.

Doug Eyolfson, Winnipeg West

Liberal
“This bill will be useful because more than 30 modern treaty partners helped write it. We must listen to them.”
Official Hansard

Madam Speaker, I would like to thank the hon. member for acknowledging how listening to our treaty partners is essential for reconciliation. This legislation was developed with the help of over 30 modern treaty partners. How can the member say that the legislation would not be useful in helping to resolve problems with modern treaties when so many modern treaty partners helped develop this bill?

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the member to explain how this bill stops the government from keeping its promises. Having an independent person track and report on these promises is a good thing.”
Official Hansard

Madam Speaker, the member talked about meeting and honouring obligations. I wonder if the member can explain to me how Bill C-10 would prevent that from happening. I see it as a strong positive to have an independent agent of Parliament who is tracking those obligations and then reporting them, as an independent. I would think that would be a positive.

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