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

Martin Champoux, Drummond

Bloc Québécois
“I support this bill. It creates a commissioner to make sure the government follows through on treaties with First Nations. The government makes big promises to Indigenous communities, but it is slow to act. I want to know if the government will finally deliver on what it promised.”
  • Question or comment in debate

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Official Hansard

Mr. Speaker, I am very pleased to see you again, as well as all my colleagues, for this new session of Parliament. I am very happy to see everyone again and to begin the debate on Bill C‑10, which I think is important and I find interesting. My colleague from Côte-Nord—Kawawachikamach—Nitassinan worked very hard on this bill. I think everyone already knows that the Bloc Québécois agrees with the spirit of the bill. I find it interesting that the government wants to establish the position of commissioner for modern treaties, because whenever it takes too long for commitments to be implemented, it is usually because the government is dragging its feet. Government members always give very eloquent speeches and make lofty promises. They always seem impressive, but it is clear that concrete action on the ground is slow to really happen in the various communities. I hope the government and my colleague opposite will be telling us that this also means that the government is ready to commit to finally putting into action what has already been agreed upon. First nations and their governments have been waiting for this, and I think the time has come to take action. Does establishing this position mean that the government is finally ready to deliver on what it has promised?

Martin Champoux, Drummond

Bloc Québécois
“I agree with creating this commissioner's office, but I doubt it will lead to real action. The government talks a lot about helping Indigenous communities, but urgent problems there still go unaddressed. I want to know if my colleague also doubts the government's sincerity.”
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Official Hansard

Mr. Speaker, I want to commend my Conservative colleague for his pertinent remarks on this bill. My question is this. Over the years, we have seen this government cloak itself in virtue. Every time they speak in any location, they say they are on unceded territory, they reach out to first nations communities, they show them some love, as teenagers like to say nowadays. However, when it comes to action, it seems to me that not much is happening. It seems to me that there are urgent human needs that should have been addressed years ago. I get the feeling that this is another step that may not lead to much. I want to know whether my colleague shares my cynicism about the government’s desire to establish this commissioner position all of a sudden, although we obviously agree on the idea of this office. I still get the feeling that things are going to drag on. I still get the feeling that we are going to continue to see extremely critical situations, situations that are unacceptable from a humanitarian perspective in indigenous communities, that will continue to go unaddressed.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“This bill has flaws. Even with a commissioner, it might still ignore what First Nations and Inuit communities want.”
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Official Hansard

Mr. Speaker, I would like to ask a question about the bill’s shortcomings. Obviously, we are here to debate. However, although the government is saying that the bill will fully address the demands of the various indigenous communities, we know that there are problems with it that could result in the demands or desires of first nations and Inuit not being taken into account, even if there is a commissioner.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“I want the House to pass this bill to create an independent watchdog for modern treaties. First Nations and Inuit helped write it and have asked for it for over twenty years. The government often fails to keep its treaty promises, which forces small communities to spend a lot of money fighting in court. This watchdog will hold the government accountable and help make sure treaties are actually followed.”
Official Hansard

Mr. Speaker, I am pleased to be here today. This is the first time that I am rising this fall, and I realized this morning that this is the 11th year that I have had the privilege and honour of coming to the House to serve the people of Côte-Nord—Kawawachikamach—Nitassinan. I want to give a shout-out to them. I met people all across my immense riding this summer, and I want to assure my constituents that I am still passionate and enthusiastic about representing them. That is what I will do during this parliamentary session, which certainly looks like it will be a very exciting and busy one, even though it may not seem that way yet. I imagine there will be some twists and turns. I represent a huge riding where 15% of the population is indigenous. Of course, seeing as I am the critic for indigenous and northern affairs, this bill is of particular interest to me. I am therefore pleased to rise today to speak to Bill C-10, an act respecting the commissioner for modern treaty implementation. The Bloc Québécois said right from the start that we support this bill. Now, at third reading, following the study in committee, we still support this bill, which I must point out is the result of a request from first nations and Inuit. This bill reflects these communities’ request for a commissioner or some structure to serve as their watchdog for modern treaty implementation. This is something they have been asking for for years—more than 20 years, in fact. Today’s topic of discussion is something that has been called for for decades. If I may briefly digress, I would point out that the same can be said of practically all bills and topics brought before the Standing Committee on Indigenous and Northern Affairs: that they have been called for for decades. That is a really long time to wait for results. Now, having reached third reading, we are on the verge of achieving a result. I therefore urge all of my colleagues to vote in support of this bill, despite the criticism we heard in the speeches. Obviously, we are here for the same purpose: to critique the bill by analyzing its weaknesses. First nations and Inuit have been calling for the creation of a body to hold the federal government accountable, because some of its obligations have been objectively unmet. This has been going on for decades. It is discouraging for first nations and a waste of their resources, which is obviously something we would like to avoid. I will come back to that later. The bill to create the position of commissioner for modern treaty implementation would help reduce these delays, or at least, that is our hope, and that is the intent of the bill. It would ensure that less time, resources and energy are wasted on processes that should be conducted not necessarily quickly, but efficiently. I think we all know that we would not be discussing this bill today if the federal government were actually fulfilling its obligations. First nations and Inuit are simply asking for what is rightfully theirs. They are being told that the government is going to work on modern treaties and sign treaties and that this work will continue for several years to come. If the government had been committed to this and had worked diligently, always in consultation with first nations, treaties would have been signed faster and there would have been no need to go to court, for example, to resolve certain issues. I would say that this bill is a step in the right direction, specifically toward delivering the accountability required of the government when signing a treaty and ensuring seamless implementation of modern treaties. Obviously, even beyond this specific bill, the Bloc Québécois supports self-determination for nations. We know that this bill is the result of a commitment to reconciliation, which we also agree with. This is one measure that could improve the situation. We still hear about colonialism and assimilation today. This is something the government can do to break the cycle. Based on that principle alone, without going into the details of the bill itself, this is another reason why the Bloc Québécois supports the bill, that is, to move the government away from its paternalistic approach, which, obviously, dates back to the beginning of Canada’s history and even before that. In committee, we heard testimony about the bill from several first nations. Naturally, they are all in favour of this bill being passed, particularly given that it was co-drafted. First nations and Inuit were consulted when the bill was being drafted in order to ensure it reflects their wishes and expectations. Several organizations told us that the federal government is stepping back from implementing treaties or is only implementing them in part. That is why they want a commissioner. The government is failing to honour its own commitments to first nations and Inuit communities. They want to cast off the shackles of colonialism, but they cannot because the government that should be helping them is in fact putting obstacles in their way. I am paraphrasing, but that is what we were told in committee. I just realized that I am only on page three out of 10, and I may not have enough time, so I will have to cut my speech short. In short, the testimony we heard leaves the impression that the federal government is signing treaties to try to satisfy first nations or that, at the very least, it is working on drafting treaties, but the work is extremely slow. As I was saying earlier—and I will say it again, because it is important—the issue of money often came up in committee. Communities have to pay thousands of dollars to take the federal government to court in hopes of winning their case. As I said, that takes a lot of resources, both financial and human, and it really gets the communities’ hopes up. People sometimes forget this, but these communities do not have millions of inhabitants. They are sometimes very small communities that obviously do not have the same resources as the federal government. This is really David versus Goliath. They are like dwarves going up against giants. It is very difficult for first nations or Inuit communities to see these extremely demanding legal proceedings through to the end. These communities sometimes have a fairly small population, and, as I was saying, they do not have all the necessary means. As I said, these cases can sometimes drag on for decades. It is easy to imagine the consequences that these legal costs can have on the communities. These are financial choices that they also have to make. First nations and Inuit also pointed out in committee that the commissioner will not have any enforcement powers. The Bloc Québécois also raised that same criticism of this bill. Yes, the commissioner is there to act as a watchdog for treaty implementation. They can shine a light on shortcomings, such as departments’ lack of understanding or the government’s inability to act in the best interests of nations that want to be able to use their resources to help, but that is not enough. The commissioner cannot force the government to act. The trouble is that, although the commissioner can draw attention to what is not working, there is not necessarily an immediate solution. In fact, this goes beyond the government’s mere willingness to act, even though we agree that, without this willingness, there would be no results at all. There is work to do on understanding modern treaty implementation, as we heard at committee. Aside from the government itself, the departments are also involved. As one might expect, treaty implementation does not only involve the Department of Crown-Indigenous Relations and the Department of Indigenous Services. Multiple departments must address the issues at the same time. This is often done in silos, which means that interpretations differ from one department to the next. Since the interpretations are different, the work is not done in the same way. Obviously, their approaches should be harmonized, but that cannot happen at the end either. That also causes delays. I mentioned the government’s willingness, but it is a question of finding solutions to ensure that departments can work together. They are already working together to a certain extent, but interpreting the treaties themselves is a huge problem. I do not wish to speak on behalf of civil servants, but this means hours of extra work for them. We need to find solutions that enable dialogue and harmonization. As I said, that is exactly what needs to happen so that treaties can be implemented more quickly and efficiently. The trouble is this silo mentality. As we can see, there is a willingness that may be symbolic, to a certain extent. As one of my colleagues mentioned earlier, there are issues or difficulties that are already on the table, but the Standing Committee on Indigenous and Northern Affairs is already aware of them. We will share some of the shortcomings in a report. However, there is still work to be done, whether it be to give the commissioner an enforcement role or to address the issue of harmonizing different departments’ interpretations, amongst other things. In closing, I humbly reiterate the Bloc Québécois’ support for Bill C-10. I am the Bloc Québécois critic for indigenous and northern affairs. It is a special role, because it means acting as spokesperson for another nation within a government that is obviously a colonialist government. It is still a colonial government in the eyes of first nations and indigenous peoples. Being their spokesperson requires me to display humility and to be willing to set aside or suspend my biases in order to try to understand what they want. It requires me to speak on behalf of those communities, which, in this case, are asking for a commissioner who can defend their interests and expedite treaty implementation. We support the establishment of this office. We do not support creating yet another agency with more expenses and more red tape, as some of my colleagues have incorrectly said. We just need to know what is happening. First nations and Inuit want to know. They are asking us to shed light on what is happening. As I said earlier, if this can push the government to act more promptly and effectively, then we are certainly on board. That is what first nations and Inuit are asking for. To conclude, I hope that all the parties will agree with the bill so that we can pass it. We have been discussing it for more than one Parliament. That shows just how long certain processes can take. There is still work to be done to establish the office itself, but I hope it will be set up in the coming years so that modern treaties can be implemented faster, with the simple goal of improving the well-being of first nations and Inuit communities.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“This bill needs improvement, and the government should listen to other parties to fix it. A new commissioner is not enough. The government must actually want to carry out these treaties on its own.”
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Official Hansard

Mr. Speaker, it has been seven years since I have sat across from a majority government. I imagine it should be pretty easy for the government to pass legislation quickly. However, it is important to listen to the opposition parties. Even though I do not necessarily agree with everything my colleague says, the fact remains that this bill could use some improvement. I would also like to remind members that, irrespective of the bill, the government must be willing to move forward on modern treaties. It is not only the commissioner who must push this forward. If the government were willing to do so, there would be no need to even vote on this bill.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“I leave treaty decisions to the government of Quebec. I want Quebec to become its own country, but no country can be built without First Nations. First Nations need to be part of every discussion. Both Quebeckers and First Nations care about running their own affairs, and we can work together to build a country.”
Official Hansard

Mr. Speaker, this has no bearing on the bill, but yes, there are modern treaties. As a Bloc Québécois member, I leave it to the Government of Quebec to reach its own decision in this regard. Personally, I believe that no country can be developed without the first nations, even a country like Quebec. My colleague is well aware that I am a sovereignist. The first nations have a tremendous role to play. I also believe that the Assembly of First Nations Quebec-Labrador wants that too. First nations need to be part of every discussion. As I see it, that is extremely important. We have an opportunity to rewrite history in way that is fair, equitable and mindful of culture and language. My colleague knows that the Wendat nation is reviving its language. When a language comes back to life, it affects culture too. Obviously, I see this as a promising sign. I believe that sovereignty and the self-determination of peoples are important for both Quebeckers and first nations, but there are ways to work together, maybe even to create a country together.

Rhéal Éloi Fortin, Rivière-du-Nord

Bloc Québécois
“Everyone seems to agree on this bill, but the government has failed to pass it through several Parliaments. I wonder if the government actually cares about passing it, or if it just wants to look good to Indigenous people. I want to know why it took so long.”
Official Hansard

Mr. Speaker, I thank my colleague for her speech. I too have had the opportunity to work with her for 11 years, and it has been an honour. I think there is a bit of consensus on this bill. However, unless I am mistaken, this is at least the second, if not third, version of such a bill. Since this is a government bill, I do not understand why it could not be developed, finalized or passed in previous Parliaments. I am aware that it died on the Order Paper, but why did it die on the Order Paper? There was a Parliament from 2019 to 2021, and then another from 2021 to 2025. It seems to me that this bill could have been passed sooner, particularly if there is consensus. I wonder whether the government is actually serious or whether it just wants to tell indigenous people that it has introduced a bill. I want to hear what my colleague has to say about that.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“I want the government to prioritize debate and vote on this bill now. We all agree on it, but the government keeps delaying it. These delays hurt First Nations and Inuit communities. The government must pass it before this session ends.”
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Official Hansard

Mr. Speaker, I would like to thank my colleague and congratulate him in turn on his 11 years of representing the citizens of Rivière-du-Nord so diligently and passionately. Of course, I too am wondering why this bill keeps reappearing in a new form. The government is always the one that drafts it, and there is relative consensus, as I believe the bill will be passed. We have to wonder why it has not been passed more quickly. This always results in delays for first nations and Inuit. In this case, Bill C-10 is causing further delays, and the government is fully aware of that. I do not wish to speculate on the government’s intentions, but I hope that this time will be different. It is up to the government to prioritize consideration of the bill, the debate and the vote. If it wants to, it could ensure that the bill does not die on the Order Paper at the end of the current parliamentary session.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“This bill lacks real power. It might just create more government bureaucracy to point out failures. The government should simply follow its modern treaties. This bill will not work unless the government agrees to cooperate, but MPs can keep pushing to make sure these treaties are respected.”
Official Hansard

Mr. Speaker, I may not always agree with my official opposition colleagues, but that is what I said in my speech. I said that the lack of teeth is what could ultimately give us an additional structure but that we do not know exactly what it might contribute, besides calling attention to the government’s shortcomings. We hope this will not be necessary and that the government will simply meet its modern treaty implementation obligations. However, we are going a step further, though it will do no good unless the government is on board. Naturally, as MPs, we can keep working in committee or in the House to ensure that these treaties are implemented effectively.

Christine Normandin, Saint-Jean

Bloc Québécois
“I want to know why it took the government so long to bring this bill forward. Everyone seems to agree on it, and no one is blocking it. Yet many other bills have moved ahead of it, while this one was left waiting.”
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Official Hansard

Mr. Speaker, I would like to ask my colleague a question along similar lines to the one my colleague from Rivière-du-Nord just asked. He asked why we are on the umpteenth version of this bill. I would like to know why this bill is the oldest one still before the House. This is Bill C‑10, but we have now progressed beyond Bill C‑30. There does not seem to be any filibustering, and there is a general consensus about it. Does my colleague think that the government’s failure to prioritize Bill C‑10 sends the wrong message? I am talking about the fact that it has taken so long to put it on our agenda. Twenty-four bills have been referred to the Senate since this Parliament began, while this bill is still before the House.

Marilène Gill, Côte-Nord—Kawawachikamach—Nitassinan

Bloc Québécois
“The government says it cares about First Nations, but it does not follow through with real action. It has the power to pass bills quickly, yet it introduces them and never finishes them.”
Official Hansard

Mr. Speaker, I am glad my colleague from Saint-Jean asked me that question, as it allows me to add something I was not able to mention earlier. As I see it, yes, this does raise some concerns because, on top of that, the government currently has a majority, so it could prioritize certain issues and pass legislation very quickly. Again, I do not want to speculate about its motives, but I have noticed that its interest in first nations seems like lip service. We are talking about this bill, but another bill, one dealing with water, was introduced in June just before the summer adjournment. We have been waiting for that bill for several Parliaments now. Once again, this same government has drafted and reintroduced the bill several times, but in the end, the bill never makes it to the floor for debate, never completes the legislative process and never gets sent to the Senate. I think the government is showing that it has good intentions, but once again, it is not following through. The government needs to take action, but in my view, this might be just window dressing.

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