In Committee of the Whole: Senator Francis questions witnesses on Bill C-5 (Panel 7)

By: The Hon. Brian Francis

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Beach and waterfront, Vancouver

Senator Francis: This question is for Chief Moore-Frappier. Yesterday, I asked Minister Alty why the federal government included the Indian Act as one of the laws that it could override under Bill C-5. Her response was that this would allow cabinet to suspend certain provisions in consultation with First Nations, but no further details were provided. Should we be concerned that granting cabinet the unchecked authority to exempt the Indian Act or parts of it could strip away critical legal safeguards that protect reserve lands and resources? Does this not create a real risk that current or future governments could undermine self-determination by, for example, bypassing band councils?

Ms. Moore-Frappier: I don’t understand how that could be considered because you were specifically speaking to essentially usurping our rights. That can’t happen. We can’t support something that will create this unilateral decision making and having us not a part of the decision-making process.

Because that is partially a legal question, I’m going to defer to Mr. Bellefeuille as well.

Fred Bellefeuille, Lawyer, Anishinabek Nation: Good afternoon. The Indian Act hasn’t engrained our treaty and Aboriginal rights necessarily. There is no attached duty to consult to changes to the Indian Act. So it becomes a real threat to grant executive powers, this authority to amend the Indian Act.

We have seen over and over again these kinds of issues get bogged down in court, including the Indian status issues that have been in the courts for decades now. Thank you. Meegwetch.

Senator Francis: Thank you.

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