CRE Explains: Bill C-29

CRE EXPLAINS: BILL C-29: NATIONAL COUNCIL FOR RECONCILIATION ACT

CENTRE FOR INDIGENOUS POLICY AND RESEARCH

AUGUST 2023

NATIONAL COUNCIL FOR RECONCILIATION ACT

AT A GLANCE

In response to TRC Call to Action 53, the Government of Canada is creating an Indigenous-led National Council for Reconciliation through Bill C-29 (the National Council for Reconciliation Act).

The Council will be overseen by a 9 to 13 person Board of Directors which must include one person nominated by the Assembly of First Nations, one by Inuit Tapiirit Kanatami, one by the Métis National Council and one by the Native Women’s Association of Canada.

The mandate of the Council would be to ensure that the Government of Canada is accountable to reconciliation and the implementation of the TRC Calls to Action. Some of the duties of the Council as outlined by the bill include: Developing a multi-year national action plan on reconciliation Monitoring and conducting research on the progress being made toward reconciliation, as well as federal policies and programs that affect Indigenous peoples Recommending measures to promote reconciliation and educating the public about Indigenous realities As of May 2023, the Bill has passed its second reading in the senate and is currently under consideration by the Standing Senate Committee on Indigenous Peoples. After this, there are two more steps before it is officially passed.

TRC CALL TO ACTION 53 “We call upon the Parliament of Canada, in consulation and collaboration with Aboriginal peoples, to enact legislation to establish a National Council for Reconciliation”

TRC CALL TO ACTION 54 “We call upon the Government of Canada to provide multi-year funding for the National Council of Reconciliation”

TRC CALL TO ACTION 55 “We call upon all levels of government to provide annual reports or any current data requested by the National Council of Reconciliation”

TRC CALL TO ACTION 56 “We call upon the prime minister of Canada to formally respond to the report of the National Council of Reconciliation by issuing an annual 'State of Aboriginal Peoples Report’”

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TIMELINE - NATIONAL COUNCIL FOR RECONCILIATION 2017: In response to TRC Call 53, PM Trudeau announced the creation of an Interim Board of Directors to make recommendations on the creation of a National Council for Reconciliation.

Those were: Edith Cloutier, Clint Davis, Dr. Mike DeGagné, Max Fine Day, Jean Teillet and former TRC Commissioner Chief Wilton Littlechild.

2018: The Interim Board of Directors came up with 20 recommendations relating to the name, vision, mission, mandate, structure, membership, funding, reporting, and the legislation of the National Council for Reconciliation. They decided that this would be an Indigenous-led, nonpolitical organization, incorporated as a non-profit. They also recommended a transitional committee be struck to complete the task of establishing the Council.

2019: Budget 2019 announced a total of $126.5 million to establish the National Council for Reconciliation, which includes $1.5 million to support the first year of operations. Although CTA 54 has called for it, this announced funding is not multi-year.

2021: Transitional Committee is struck. Members are appointed by CIRNAC Minister Marc Miller and include: former TRC Commissioner Wilton Littlechild, Dr. Mike DeGagné, Edith Cloutier, Rosemary Cooper and Mitch Case.)

2022: In June 2022, Bill C-29 has its first reading in parliament and is studied in the Standing Committee for Indigenous and Northern Affairs (INAN), where 38 witnesses provide expert testimony and propose amendments. Witnesses include people from Indigenous communities and Indigenous organizations across the country, as well as government representatives.

2023: The bill is referred to the Senate for further study. The bill is currently under consideration by the Senate Standing Committee on Indigenous Peoples. After this, there are two more steps before it’s passed and becomes law (another report, and a report reading).

READ THE FULL BILL HERE

THE GOVERNMENT OF CANADA AND RECONCILIATION EFFORTS TODAY Where does a National Council for Reconciliation fit in next to these ongoing reconciliation efforts?

Note: this list is an overview and is not representative of all ongoing reconciliation efforts!

UNDRIP Implementation + UNDA: The United Nations Declaration on the Rights of Indigenous

TRC Calls to Action: The Truth and Reconciliation Commission released their 94 Calls to Action in

Peoples Act (UNDA) received Royal Assent and came into force in June 2021. This Act requires that

2015, outlining specific steps that need to be taken in order to advance reconciliation and redress the

laws in Canada become aligned with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It also requires that Justice Canada create an Action Plan on how UNDRIP will be implemented into Canadian laws. As of May 2023, Justice Canada has completed a draft Action Plan, after consultations with Indigenous partners.

legacy of residential schools. According to Indigenous Watchdog, as of April 2023, 13 CTAs have been completed, 21 are stalled, 14 have not been started, leaving 48 CTAs ‘in progress’.

MMIWG Calls to Justice: In 2019, the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) released a final report which outlines 231 Calls to Justice aimed at governments, service providers, instituions and individuals to combat violence against Indigenous women, girls, and two-spirit people.

Indigenous Rights, Recognition, and Implementation Framework: In 2018, the Government of Canada introduced the Indigenous Rights, Recognition, and Implementation Framework to restructure and “renew” the basis of all interactions between the Government of Canada and Indigenous peoples. Ultimately, the stated goal of the framework is to create a basis for self-governance outside of the Indian Act.

National Council for Reconciliation: The overall purpose of the council is to advance reconciliation with Indigenous peoples. In fufilling this purpose, the Council is tasked with developing an action plan on reconciliation, educating the public about Indigenous realities, monitoring federal policies and programs that affect Indigenous peoples, conducting research on reconciliation, and generally monitoring reconciliation efforts from all sectors. The Council must also develop an annual report to submit to the Minister of Crown-Indigenous Relations outlining the state of reconciliation and their recommendations for measures to promote and advance reconciliation.

COMMUNITY REACTIONS In response to the June 2022 study in the INAN committee, the Native Women’s Association of Canada (NWAC) submitted a brief stating that the Bill must include representation Indigenous women and 2SLGBTQIIA+ people.

They recommended amending the Bill to ensure representation in leadership from these groups in a later brief submitted to the Senate committee in 2023. They have also called for a member of the Board of Directors to be nominated by NWAC. In May 2023, the Council of the Crees submitted a brief and spoke before the Senate to provide their thoughts on the Bill. In their brief, they call for better representation of Elders in the Council and IndigenousFrancophone represenation (specifically from Quebec). They also call for an annual allocation of funding for the Council.

Several organizations and advocacy groups, including Nishnawbe Aski Nation, the Yellowhead Institute, and the National Centre for Truth and Reconciliation, have expressed concern that residential school survivors and their descendants do not have a designated place on the board – find their presentations on the House of Commons website and on the Senate website.

In 2022, after Bill C-29 passed from the House of Commons into the Senate, Inuit Tapiirit Kanatami President, Natan Obed, said that the Bill was created without proper co-development with Inuit peoples. Obed withdrew support for the Bill at this time.

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CRE'S IMPRESSIONS: WEAVING IN YOUTH LEADERSHIP CRE holds that Indigenous youth deserve to see real action on reconciliation, and to lead and be a part of this important work that will impact generations to come. Their knowledge, leadership, and hope for future generations can only enrich the work of the Council, and ensure that dialogue, thought, and action on reconciliation is innovative.

In May 2023, CRE”s Executive Director, Hillory Tenute, appeared before the Senate Standing Committee on Aboriginal Affairs to give our thoughts and recommendations on Bill C-29.

We emphasized that our support of this council is conditional on Indigenous youth being meaningfully included in its leadership and governance structures, and on the Council being properly capacitated. To that end, we recommended that: The initial board include at least three Indigenous youth directors, or that an Indigenous youth steering council be formed to work alongside the board; The initial board also include at least three Two-Spirit and/or LGBTQQIA+ directors; The bill be amended to include multi-year funding to ensure it can do its work and is truly independent; and The bill be amended to include the legal power it needs to access data and reports to fufill its responsibilities in monitoring the state of reconciliation.

You can check out the full written brief here, and watch Hillory in the senate here.

SOURCES AND FURTHER READING CBC News – Beyond 94 Eric Plummer – Reconciliation Bill Debated in Ottawa Government of Canada – National Council for Reconciliation Indigenous Watchdog – TRC Calls to Action, April 2023 Update Justice Canada – Backgrounder: United Nations Declaration on the Rights of Indigenous Peoples Act National Inquiry into Missing and Murdered Indigenous Women and Girls – Final Report Native Women’s Association of Canada – Bill C-29 Brief (2022) Senate of Canada, Standing Committee on Indigenous Peoples – May 30, 2023 proceedings Truth and Reconciliation Commission of Canada – Calls to Action Yellowhead Institute – Canada's Emerging Indigenous Rights Framework

For more information, to let us know your thoughts, or to suggest a topic for the CRE Explains series, please contact CRE's Centre for Indigenous Policy and Research at centre@canadianroots.ca

CRE EXPLAINS: BILL C-29: NATIONAL COUNCIL FOR RECONCILIATION ACT

CENTRE FOR INDIGENOUS POLICY AND RESEARCH