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COW - Parliamentary Context - June 10, 2021

COW Ministerial Appearance on Bill C-8 at Committee of the Whole in the Senate

Background and Logistics

Bill C-8, “An Act to Amend the Citizenship Act (Truth and Reconciliation Commission of Canada’s call to action number 94)” was introduced in the House of Commons on October 22, 2020. This was a reintroduction of legislation introduced in the previous Parliament (Bill C-6). A similar bill with the same objective was originally introduced in the 42nd Parliament (Bill C-99).

In February 2021, Bill C-8 was studied by the House of Commons Standing Committee on Indigenous and Northern Affairs (INAN), and reported back to the House of Commons without amendment on February 5, 2021. On June 1, 2021, the Bill was concurred in at Report Stage (on division) by a unanimous consent motion. It was passed at Third Reading (on division) and Introduced in the Senate on June 3, 2021.

The Minister of Immigration, Refugees and Citizenship has been invited to appear (virtually) alongside senior officials before a Committee of the Whole (COW) in the Senate, on Thursday, June 10, 2021, on the subject of Bill C-8.

The following motion was introduced in the Senate on June 8, 2021 by Senator Gold, the Government Representative in the Senate, which provides details on the format of the COW appearance:

That, notwithstanding any provisions of the Rules, usual practice or previous order, when the Senate sits on Thursday, June 10, 2021:

Given the broad scope of questions that may be posed by Senators, the following officials will accompany the Minister to support questioning:

Environmental Analysis

With respect to matters related to Bill C-8, it is anticipated that Senators will place particular focus on some key issues:

It is anticipated that discussions on the oath amendment could raise questions about citizenship values and education and ongoing issues facing Indigenous peoples, amongst other topics:

While the focus of the appearance is expected to mostly remain on Bill C-8 related matters, Senators may take the opportunity to discuss other topics of interest:

Media and News

Media and news coverage on Bill C-8 have been neutral and have only highlighted broad facts on the Bill. Unrelated to the Bill, recent media attention has been largely focused on former Kamloops Indian Residential School in British Columbia.

Parliamentary Environment

Summary of Debate on Bill C-8

Debate on the House of Commons

Debate at Second Reading in the House of Commons (November 2, 23, & December 10, 2020) focused primarily on issues falling under the mandate of Indigenous Services Canada and CIRNA. Opposition parties spoke to the importance of the Truth and Reconciliation Commission’s (TRC) calls to action (CTAs) and criticized the Government for not implementing more CTAs, sooner. Opposition parties specifically critiqued how long it is taking to implement CTA 94, which is viewed as relatively easy to implement compared to other CTAs, while at the same time, questioning the Government’s decision to focus on CTA 94 (viewed as symbolic) rather than working to implement actions viewed as concrete (e.g. clean drinking water).

When the Minister appeared at the INAN on January 28, 2021, lines of questioning closely followed issues raised during Second Reading. For example, the CPC raised questions regarding the use of the terms Aboriginal vs. Indigenous (differences in wording proposed in Bill C-8 versus the wording recommended by the TRC), and the BQ line of questioning heavily focused on the reasoning behind the reference to the Constitution in the proposed Oath, where the NDP was interested in knowing more about the outcome of “consultations” and plans for educating newcomers on the proposed wording changes.

INAN heard from stakeholders on January 28, and February 2, 2021. Witnesses included former members of the TRC, and national Indigenous organizations, including the Inuit Tapiriit Kanatami (ITK), Assembly of First Nations (AFN), Congress of Aboriginal Peoples (CAP), and the Native Women’s Association of Canada (NWAC). Witnesses were generally very supportive of the Bill, but frustrated with delays in implementing the Bill and the revised Citizenship Guide (CTA 93). Some also expressed frustration with the level of engagement between the Government and their organizations on these CTAs. Although most witnesses did not object to the wording proposed in the Bill, some offered suggestions for changes that could be made, to make the proposed changes to the Oath more inclusive of their unique perspective.

During clause-by-clause consideration on February 4, 2021, the Committee defeated the following amendments that were put forward:

On June 1, 2021, the Bill was concurred in (on division) at Report Stage by a unanimous consent motion adopted in the House of Commons. Soon after, on June 3, 2021, the Bill was briefly debated at Third Reading, and referred to the Senate. During debate, the CPC reiterated their support for the Bill, but also called for more substantive action. The NDP stated that Canada committed genocide against Indigenous peoples under the United Nations’ definition of genocide, and continues to do so. She asked whether the Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship agrees that this should be acknowledged in the revised citizenship guide. In response, MP Schiefke spoke to the importance of “consultations” before releasing the new guide. The NDP continued to talk about amendments that were proposed at INAN and various on-going issues faced by Indigenous peoples. The BQ also continued to talk about their amendments that were proposed at INAN stating that they cannot support the Bill in its current form because it denies that Indigenous rights are inherent, and because Quebec does not recognize the Constitution.

Second Reading Debate in the Senate

On June 8, 2021, Bill C-8 was debated and adopted at Second Reading in the Senate. During debate, Senator Anderson’s statement focused on the tragedies of residential schools. She spoke to the proposed language of the Oath and noted that it is supported by various Indigenous organizations. She assured the Senate that the passing of Bill C-8 is a concrete step towards reconciliation that goes beyond spoken words. She urged her colleagues to support Bill C-8.

Senator Omidvar noted that Bill C-8 touches on new Canadians yet she has not seen any documentation that says they’ve been consulted. Senator Omidvar asked why communities of new Canadians haven’t been consulted. Senator Anderson stated that she did not have the answer to her question and suggested that the question be asked at Committee of the Whole and agreed that all parties affected by the legislation should have been part of the consultations.

Both Senator Anderson’s and Senator Omidvar’s statements emphasized the value and impact of the revised Citizenship Guide in educating newcomers and Canadians on Indigenous rights and history.

Other Items of Interest

Senate Public Bills

Active Senate Items

The following motions are currently on the Senate Order Paper for debate:

Motions Adopted by the Senate

Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) – Highlights of debate at Senate COW on June 3, 2021

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