Senator Clement: Thank you for the wonderful speech, in which you spoke about linguistic duality, recognition of Indigenous languages and the Interpretation Act. You made some very good points.

Do you know how civil law practitioners are generally reacting to this ongoing harmonization project?

Hon. Dennis Glen Patterson: Honourable senators, I rise today to express my concern regarding this report. I want to make it clear that my concern is not with the work of the Standing Senate Committee on Indigenous Peoples on which I sit.

I feel that, unfortunately, the report is no longer reflective of the entire picture with regard to Subdivisions A and B of Division 3 of Part 4 of Bill C-32. Division 3 deals with proposed changes to the First Nations Land Management Act.

At 7:30 p.m. on Thursday, November 17, this chamber passed an order of reference instructing the Indigenous Peoples Committee to conduct a pre-study of this division and report back on December 5.

We began the work immediately. We identified witnesses and requested their appearance before the committee. We heard from our first two witnesses — organizations who advocated for these changes — on November 22, and heard from Ministers Miller and Hajdu on November 30. We had to finalize drafting instructions right after the ministers’ appearance in order to have the report prepared, drafted and translated by the December 5 report-back date. This gave us a total of 12 business days to complete the study and report-back process.

Unfortunately, two of the First Nations we approached declined the invitation, and four others did not respond. Recognizing that time was tight and factoring in the necessary time for approvals and translation prior to our required tabling date, we did not have time to look for and approach other communities.

On December 1, the day after we finalized drafting instructions in committee, we received word from Manitoba Keewatinowi Okimakanak, or MKO, requesting to appear. We knew we didn’t have any time to hear from them as we were due to report the following Monday, but I did insist that we ask for a brief, and we suggested that a brief also be sent to the Senate National Finance Committee.

I know that Senator McCallum is planning to speak to those concerns as well, but I will say that in the brief we received this past Sunday, there was strong language about the gaps in enforcement of bylaws created using the authority granted to First Nations communities by the First Nations Land Management Act. Coordinating amendments to various related legislation was suggested by MKO in an effort to address these major concerns about enforcing the provisions of the new First Nations Land Management Act.

Colleagues, I am using this opportunity to speak to this report today to highlight why our newer approach to examining legislation should be a major concern to all. There has been a trend, I believe, in the last two sessions to rush through legislation. Everything is somehow a priority that always needs to be passed by a certain date, and the use of pre-studies — a tool once reserved for extremely complex legislation and budgets — is now becoming a norm.

There is logic behind the use of consecutive studies of legislation by us and the other place. Namely, concurrent studies lead to major gaps in testimony, and do not maximize the time available for interested stakeholders to appear on pieces of legislation that they may have expertise on.

MKO is not just another First Nations band. MKO represents 26 First Nations communities in northern Manitoba that span some two thirds of the province. The four MKO First Nations with land codes include an original signatory agreement First Nation, and have some of the longest practical experience implementing the First Nations Land Management Act. It is some of that practical experience that informed the brief they submitted. However, due to self-imposed deadlines, we did not have enough time to accommodate them at the Indigenous Peoples Committee. In fact, in speaking with MKO, they had only learned of the study early last week, and they immediately requested to appear before the Senate committee and the committee in the other place that was studying this bill.

Colleagues, it is my hope that the Finance Committee will be able to give some time to MKO’s Grand Chief, who is currently in Ottawa for another event. However, I know that they, too, are short on time.

I rose today because I’m frustrated by the number of times we have had to miss important testimony or cut back our witness lists because we have such tight timelines. While 12 business days may sound like a lot of time to some, those with knowledge of Senate procedures will know it is barely enough time once you start factoring in witness response times and the time required for translation.

Especially when we are dealing with Indigenous or grassroots organizations that often already face capacity issues, we need to give as much notice as possible to prospective witnesses. We need to slow down and make sure we are properly reviewing legislation, taking the time to hear from as many people and as many different perspectives as possible.

It’s time for the Senate to take back control over our schedule and our affairs, instead of being completely beholden to government ministers who are unaware of our procedures, timings and the various priorities we are juggling.

Thank you.