Parliamentary Wrap-up: Week of February 14 - February 18, 2011

Please note that information is current as of the date above. LEGISinfo, a website maintained by the Library of Parliament, provides up-to-date and comprehensive information on all legislation: http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&list=com

Updates on Key Legislation pertaining to First Nations

C-3:  Gender Equity in Indian Registration Act


S-4: Matrimonial Real Property Act

  • Passed through 3 readings in the senate – introduced in House of Commons on September 22, 2010.  Has been identified for review by the House Standing Committee on Aboriginal Peoples and Northern Development once it goes through second reading in the House.
  • Bill subjects First Nations law-making in this area to ratification by an external appointed verification officer – fundamentally infringes inherent jurisdiction.
  • Relies on provincial courts for remedy – but does not provide for access to justice caused by financial barriers or remoteness.
  • Does not encompass extra-legislative supports necessary – such as housing and domestic violence prevention.


S-11: Safe Drinking Water for First Nations Act

  • Introduced in the Senate on May 26, 2010.
  • Creates regulations regarding First Nation drinking water, but not capacity to comply.
  •  Displaces First Nation jurisdiction and is inconsistent with section 35 of the Constitution Act, 1982.
  • S-11 has been referred to Senate Committee on Aboriginal Affairs for study at second reading.
  • The committee began hearing witnesses on February 2, 2011 (more information below under Committee Business).
  • National Chief Atleo presented to the committee on February 8, 2011.


Private Members Bills

C-249: An Act to ensure that appropriate health care services are provided to First Nations children in a timely manner

  • Was introduced in the previous session of Parliament and was deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
  • Implements Jordan’s principle that health care services provided to a First Nations child whose ordinary residence is on a reserve will be provided in a timely manner.


C-304: An Act to ensure secure, adequate, accessible and affordable housing for Canadians

  • Was introduced in the previous session of Parliament and was deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
  • Bill requires the Minister responsible for the CMHC to consult with PT ministers responsible for municipal affairs and housing and with representatives of municipalities, Aboriginal communities, non-profit and private sector housing providers and civil society organizations in order to establish a national affordable housing strategy.
  • Bill was reviewed by the Human Resources committee and reported back to Parliament on March 24, 2010.
  • Debates on this bill at the report stage and began third reading on October 20, 2010.
  • On November 24, 2010 the bill was referred back to committee for consideration of an amendment.


C-358: An Act to provide a compensation plan for First Nations veterans comparable to the one offered to other war veterans

  • Was introduced in the previous session of Parliament and was deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
  • Bill requires the preparation and presentation to Parliament of a compensation plan to give First Nations veterans equitable treatment and recognition – to include the offer of a land grant equivalent to that given to other veterans, compensation for the delay in providing equal treatment, the foundation of a scholarship in honour of First Nations veterans and a formal apology from the Government of Canada to First Nations people.
  • Also requires an appropriate war memorial on or near Parliament Hill.


C-465: An Act respecting a National Hunting, Trapping and Fishing Heritage Day

  • Introduced on March 3, 2010 – has just completed committee review.
  • Would designate the 23rd day of September in each and every year as “National Hunting, Trapping and Fishing Heritage Day”.
  • Reviewed by the House Standing Committee on Canadian Heritage and reported back to Parliament with amendments on October 20, 2010.
  • Main amendment of interest is “Whereas the Aboriginal peoples of Canada have practiced and been sustained by traditional hunting, trapping and fishing activities for food and for ceremonial and commercial purposes since time immemorial;”


C-503: Act to amend the Department of Justice Act and make consequential amendments to another Act (aboriginal or treaty rights)

  • Introduced on March 29, 2010 – has not progressed past first reading.
  • Would amend the Department of Justice Act and the Statutory Instruments Act to require that bills and regulations be examined to determine whether they abrogate or derogate from existing Aboriginal or Treaty rights as recognized in section 35 of the Constitution Act, 1982.


C-568: An Act to amend the Statistics Act (mandatory long-form census)

  • Introduced on September 30, 2010.
  • Would make a mandatory long-form required by legislation.
  • Would remove jail-time penalties associated with not complying.


C-575: First Nations Financial Transparency Act

  • Introduced on October 1, 2010.
  • Would require that salary, travel, honoraria and all expenses paid to First Nations chiefs and councilors through federal funds to be published.  In such event that these amounts are not disclosed, the Act would empower the Minister of Indian and Northern Affairs to provide this information.
  • AFN is working to counter underlying myths associated with this Bill and support the development of true reciprocal accountability mechanisms.
  • National Chief Atleo has spoken with MP Kelly Block and suggested that a working group be established to ensure informed dialogue with First Nations on accountability.  There has not been any follow-up on this to-date.
  • The bill was debated for its first hour of debates at second reading on November 25, 2010.  Transcripts are available.
  • Generally, the second hour of debates at second reading is scheduled for 15 days following.  We will provide an update when C-575 is back on the order paper.


C-580: An Act to amend the Criminal Code, the Firearms Act and the Contraventions Act (long guns)

  • Introduced on October 8, 2010
  • The bill would amend the Criminal Code to remove the first time offence of possession of a firearm other than a prohibited firearm or a restricted firearm without having registered that firearm under the Criminal Code. It clarifies that firearm possession proceedings under that Act do not abrogate or derogate from any existing rights of the Aboriginal peoples of Canada.
  • Also, the bill would designate use of a status card, when accompanied by a firearms licence, as sufficient identification for a registration certificate.


C-593: An Act respecting a National Strategy for Suicide Prevention

  • Introduced November 5, 2010
  • The bill requires Canada to develop a national strategy for suicide prevention in consultation with Ministers responsible for the delivery of health services in each province and territory and national representative organizations of the First Nations, Inuit and Métis people.

C-599: First Nations Education Funding Plan Act

  • Introduced December 1, 2010
  • Requires the creation of a Funding for First Nations education, developed in consultation with First Nations, to include the following elements:
  1. the measures to be taken to ensure predictable, adequate and long-term funding of First Nations primary and secondary education;
  2. the measures needed to facilitate universal access to post-secondary education for First Nations students;
  3. the measures to be taken to ensure that educational infrastructures meet provincial construction standards for educational establishments, including with respect to the facilities and space required;
  4. the objectives to be met in terms of First Nations enrolment rates; and
  5. the terms and conditions for allocating funding to the First Nations.


C-611: Haida Gwaii Income Tax Zoning Act

  • Introduced December 15, 2010
  • Requires the Governor in Council to amend section 7303.1 of the Income Tax Regulations to include Haida Gwaii as a prescribed northern zone so that residents of those islands are eligible for the northern residents deductions.

Committee Business and Appearances

The House of Commons Standing Committee on Aboriginal Peoples and Northern Development (AANO) continued its study on First Nations Child and Family Services, and heard from the following witnesses:

  • Carolyn Loeppky, Assistant Deputy Minister, Child and Family Services, Government of Manitoba
  • Ron Pollock, Chairperson & Dwayne Gaudry, Executive Director, Kanaweyihimitowin Child and Family Services Inc.
  • Howard Cameron, Beardy's and Okemasis Band Member
  • Arlene Johnson, Director & Brenda Cope, Chief Financial Controller, Mi'kmaw Family and Children's Services of Nova Scotia
  • Elsie Flette, Chief Executive Officer Southern First Nations Network of Care

Transcripts are available.
 
Updates on activities of the committee can be found here:
http://www2.parl.gc.ca/CommitteeBusiness/CommitteeHome.aspx?Cmte=AANO&Language=E&Mode=1&Parl=40&Ses=3

 
The House of Commons Standing Committee on the Status of Women is continuing its study on Violence Against Aboriginal Women.  This week, the committee heard from:

  • Sheilagh Murphy, Director General, Social Policy and Programs Branch, INAC
  • Corinne Baggley, Senior Policy Analyst, INAC Social Programs Reform Directorate
  • Cindy Blackstock, Executive Director, First Nations Child and Family Caring Society of Canada
  • Patty Schuster, Representative Federation of Saskatchewan Indian Nations
  • Barbara Lawless, Director General, Homelessness Partnering Secretariat, HRSDC
  • Gail Mitchell, Director General Community Infrastructure Branch, Regional Operations Sector, INAC
  • Michael Rice, Senior Policy Advisor, Innovation and Partnerships Directorate
  • Sharon Matthews, Vice-President, Assisted Housing Sector Canada Mortgage and Housing Corporation
  • Charles W. Hill, Executive Director & Jim Lanigan, Treasurer, National Aboriginal Housing Association
  • Alain Barriault, President Nunavut Housing Corporation


The Senate Committee on Aboriginal Peoples continued its study of Bill S-11: Safe Drinking Water for First Nations Act with two meetings this week.  On February 15, 2011, the committee heard from:

  • Theresa McClenaghan, Executive Director and Legal Counsel, Canadian Environmental Law Association
  • Marie-Ann Bowden, Professor of Law, College of Law, University of Saskatchewan
  • John Paul, Executive Director, Atlantic Policy Congress of First Nations Chiefs Secretariat
  • Cameron Alexis, Chief, Chiefs Committee on Water & Clayton D. Leonard, Counsel, Assembly of Treaty Chiefs of Alberta
  • David Harper, Grand Chief , Michael Anderson, Research Director, Manitoba Keewatinowi Okimakanak, Inc.  

On February 16, 2011, the committee heard from:

  • Christopher Devlin, Executive Member, National Aboriginal Law Section, Canadian Bar Association
  • Randall Phillips, Grand Chief & Joshua Shoemaker, Policy Analyst, Association of Iroquois and Allied Indians
  • Twila Gaudet, Consultation Liaison Officer & Laurie Suitor, Water and Wastewater Coordinator Kwilmu'kw Maw-Klusuaqn-Mi'kmaq Rights Initiative

Please note – committee presentations are webcast, and can be accessed through: http://senparlvu.parl.gc.ca/Guide.aspx
 
More information on the Senate Committee on Aboriginal Peoples can be at: http://www.parl.gc.ca/common/Committee_SenHome.asp?Language=E&Parl=40&Ses=3&comm_id=1

Assembly of First Nations