Senator LaBoucane-Benson: I thank the honourable senator for her comment. However, it’s outside of my purview to decide pre-studies. I’m just a lowly liaison standing here. It’s outside of my purview.

Senator LaBoucane-Benson: I don’t know if there was a question, but I thank you for that. I do think we all need to keep MKO’s concerns in the forefront of our concerns.

I also know that the government is currently consulting on a First Nations police act. When we finally do get that act in this chamber, we will have an opportunity to robustly discuss the issue of enforcement of land code, as well as other Indigenous laws, and the way that unfolds in Canada. I agree; those concerns are important.

Senator LaBoucane-Benson: Thank you for that question. My understanding is that this very important issue will be resolved between First Nations in their own negotiations at the land management board setting. The whole idea of this bill is to give them full force of law and the power to make those decisions. From my understanding, the government has been walking beside them in their desire to make the changes that they need.

Having talked to Chief Louie, I feel comfortable that the executive of the Lands Advisory Board understands the issue. They’re working with MKO. They’re in discussions with them. The problem has to be resolved for the enforcement of First Nations laws, with the provinces, with the RCMP and with the federal government as well. From my understanding, they’re bringing all those people to the table, with MKO and other First Nations that have the same issue, to talk about the enforcement of land code.

Hon. Patti LaBoucane-Benson: Honourable senators, I rise today on behalf of the Government Representative Office to pay humble tribute to our colleague Senator Dan Christmas, who is leaving us at the end of January. While I personally consider his departure a huge loss for this institution, I understand why he must go home, because family is everything.

Senator Christmas took his seat in this chamber six years ago this month, the first Mi’kmaq senator to be sworn into the Senate of Canada. Prior to arriving here, he served as a leader in various positions in the Mi’kmaq nation of Nova Scotia. His work included active involvement in the implementation of Mi’kmaq Aboriginal and treaty rights in his province. His accomplishments and experience with and for his community in Nova Scotia were the perfect background for his work in the Senate. He brought a sense of calm to any and all situations, and his contributions during his time here have been many.

From my perspective, his chairmanship of the Standing Senate Committee on Indigenous Peoples during its study of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, was pivotal. He led hours of meetings that included the testimony of dozens of witnesses. Let’s remember that UNDRIP had been adopted by the UN General Assembly in 2007. It was now, finally, before our Senate committee, 14 years later, and in the middle of the pandemic.

Dan’s calmness, dignity and the respect shown to his colleagues and witnesses were infectious. It was impossible for any one of us to misbehave with him in the chair — we tried — no matter how long or how contentious those meetings were. Debates were polite, disagreements were tempered and resolutions were negotiated.

I give all the credit to Senator Christmas for steering us — and effectively steering Canada — to finally codify the objectives of UNDRIP.

On a personal note, Dan, I will miss your wisdom and quiet strength of purpose, and the Senate will miss a passionate envoy for the rights and concerns of First Nations, Inuit and Métis people.

I will conclude by quoting the man himself during his third reading speech on UNDRIP. He stated:

This matters, colleagues, so much to First Nations, Métis, Inuit, rights holders, treaty nations and most emphatically to the pursuit of true nation-to-nation relations. It matters, critically, to Canada, as it wrestles with how to move forward in peace and friendship with Indigenous peoples.

Dan, I — we — wish you peace and friendship as you move forward. Hiy hiy.

Hon. Patti LaBoucane-Benson: Honourable senators, I won’t speak for long. I just want to make two quick points.

First, I want to thank Senator McCallum for giving voice to the views of her constituents with passion and unwavering dedication to Indigenous Manitobans. Second, I want to remind honourable senators that the part of Bill C-32 that deals with First Nations land management is a really good thing. It’s a bright light in the evolving relationship between Canada and First Nations.

Since the 1990s, 194 First Nations have signed on to an agreement with the government to opt out of the Indian Act’s land management provisions and take back control of their territory. For over 20 years, there have been inconsistencies between the agreement and the federal act intended to implement it.

In fact, Senator Christmas helped us to understand that at our Indigenous Peoples Committee meetings.

Bill C-32 will finally clear up those inconsistencies and give the agreement full force of law.

The co-development process leading up to Bill C-32 was extensive and exemplary. As we heard at the Indigenous Peoples Committee from the Lands Advisory Board, which represents the 194 signatory nations, the process unfolded over many months. It was Indigenous-led. This bill, as currently drafted, reflects the approach that those 194 First Nations collectively endorsed.

Our study of Bill C-32 at the Indigenous Peoples Committee was expeditious, but it was not cursory. In fact, the issue being raised by Senator McCallum on behalf of Manitoba Keewatinowi Okimakanak Inc., or MKO, the enforcement of First Nation laws, was explicitly discussed.

After leaders of the Lands Advisory Board testified and gave their enthusiastic endorsement to this part of Bill C-32, Senator Hartling asked, “If the bill passes, what are the challenges to be tackled in the area of First Nations governance?”

This was the response the board chair, Chief Robert Louie of the Westbank First Nation in B.C., gave:

We have a lot of work to do in the future. A couple of issues that we’re working on right now are enforcement — having First Nation laws enforced.

We have come to find out over the last 20-plus years that Canada and the RCMP are not readily backing and enforcing First Nation laws that First Nations have passed. It’s an issue that is bubbling. It’s something that we didn’t quite expect at the outset —

— that meaning 25 years ago —

— but we’re working now with Canada and with provinces and with Attorneys General both at the Canadian and provincial levels to deal with this issue.

Our committee was very much aware of the matter. It’s a matter of great significance and, as Chief Louie explained, it’s a subject of discussions currently happening between First Nations and various other levels of government.

This is how the issue should be resolved — through a process of diligent and direct engagement, just like the process that led to the bill we have before us now.

Honourable senators, in our observations about Bill C-32, the Indigenous Peoples Committee wrote that the co-development process for this bill “provides a model for the co-development of future legislation related to First Nations self-government.”

I wholeheartedly agree. An exemplary co-development process has taken place. All 194 signatory First Nations were involved. We should not send this bill back to committee. On the contrary, we should adopt it today and finally give full force of law to the agreement that was signed 25 years ago so that First Nations can have real control over their land.

I urge honourable senators to oppose this motion and support Bill C-32.