Mr. Speaker, over the last short while, because, of course, we were given very little time, I have expressed very serious concerns about Bill C-5 as it relates to the constitutional rights of indigenous peoples, the protection of our environment, and workers' rights. I would like to thank my very brilliant colleague, the member for Vancouver East, for helping us split the bill to ensure that the Liberals and the Conservatives cannot hide behind interprovincial trade barriers to violate indigenous rights and accelerate the climate emergency.
In spite of the amendments, my concerns remain. The building Canada act constitutes a clear breach and violation of indigenous rights under the Constitution and the United Nations Declaration on the Rights of Indigenous Peoples.
Yesterday, in his press conference, the Prime Minister insisted that indigenous peoples are “at the heart” of Bill C-5. In a way, he is correct. The violation of the rights of indigenous peoples is indeed at the heart of this bill, and indigenous leaders who travelled to the Hill this week have confirmed this loud and clear.
In response to questions both at committee and in the House, the Minister of Crown-Indigenous Relations failed repeatedly to provide clear answers to the serious concerns raised by indigenous people and leaders. Bill C-5 would have serious and far-reaching implications, as it would allow ministers and the Governor in Council to determine what indigenous rights “may be adversely affected” or what will “advance the interests of Indigenous peoples”. However, the Minister of Crown-Indigenous Relations seems content to simply state that section 35 rights of the Constitution Act of 1982 are mentioned in certain provisions of the bill, or that her government will establish a $40-million advisory circle for what she characterized as “guidance”.
As legislators, we are guided by the rule of law. We are guided by the Constitution and treaties, and for the last 150 years, the Supreme Court of Canada has been providing clear guidance with respect to aboriginal rights and treaty rights.
Furthermore, Bill C-15 requires that the government must ensure that all laws of this Parliament are consistent with the United Nations Declaration on the Rights of Indigenous Peoples. Article 19 of UNDRIP reads, “States shall consult and cooperate in good faith with the indigenous peoples...in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.”
I asked the Minister of Crown-Indigenous Relations at committee if this obligation was respected. Her response was no. Why? It is because Bill C-5 was, in her words, an “accelerated” process. The minister likes to point out that section 35 rights are mentioned in Bill C-5 and will be upheld, but always remains unconvincingly vague about how her government will achieve that. Allow me to provide just one example around modern land claims agreements.
Modern land claims agreements, considered as treaties under subsection 35(3) of the Constitution Act, 1982, contain distinct environmental and review processes in which the indigenous signatories have a direct involvement and participation in decision-making and appointments. These processes would be replaced by ministers and cabinet under Bill C-5. That constitutes a substantial amendment to these treaties and agreements. This normally and legally requires the consent of indigenous signatories. Consent has not been obtained from indigenous peoples to make these substantial changes.
The grand chief of the Grand Council of the Crees, in his correspondence with the government, correctly reminds us that the James Bay and Northern Quebec Agreement is a modern treaty within the meaning of section 35 of the Constitution. As such, it has a constitutional status that prevails over any inconsistent legislation. Consequently, Grand Chief Wapachee has specifically proposed the following, and I quote: That the proposed building Canada act expressly provide that it shall not apply to any project to be carried out, in whole or in part, in the territory covered by the James Bay and Northern Quebec Agreement.
This is just one example of many that compels indigenous leaders to strongly believe that Bill C-5 has the very real potential to lead us all to the courts, with the equally real risk of further delays and job losses. We are not building a strong economy. We are building cases for the Supreme Court of Canada. It is the kind of legislative behaviour that has resulted in the federal government spending between $500 million and $1 billion annually fighting indigenous peoples' rights and status in courts.
Grand Chief Alvin Fiddler claimed, “If you pass this Bill C-5 it will be a long hot summer.... We will not sit idly by and watch any government whether it's Ontario or Canada...come to our territory and take...whatever they want because it is ours.”
It is not just the rights of indigenous peoples that are being violated. The building Canada act risks eroding workers' rights, giving the minister the ability to bypass critical legislation protecting workers and eroding standards surrounding health and safety. Even beyond these glaring attacks on workers, Bill C-5 would also be a job killer since the government failed to undertake the necessary consultations and fulfill its constitutional obligations, meaning the legislation would inevitably get tied up in the courts, stalling any sort of economic growth.
Beyond these issues, countless environmental organizations have warned that Bill C-5 would accelerate the climate emergency, placing countless people across Canada at risk. In fact, one in four Canadians is suffering the adverse health impacts resulting from the climate emergency. Ecojustice says the bill gives “sweeping power for the Prime Minister and his cabinet to exempt major projects from Canada’s most important federal health, safety, and environmental laws” and that it encourages “backroom politicking and closed-door negotiating with powerful corporations.”
Right now, half our country is literally on fire. The health of one in four Canadians is being impacted by extreme weather events, and these events will only get worse, as we know. Weakening environmental standards will only make this worse in the future. Nobody voted for an undemocratic concentration of power, violations of indigenous peoples' constitutional rights, environmental degradation or attacks on workers.
The Liberals, supported by the Conservatives, are holding our country hostage to prioritize big corporations' interest over everything else. We urge the government to slow down, to reflect and to not let the bill go through in its current form. We urge the government to honour its obligation to obtain free, prior and informed consent and to significantly amend the bill to uphold constitutional obligations.
