Parliamentary Wrap Up January 26 – 30, 2015

PARLIAMENTARY WRAP-UP FOR THE WEEK OF JANUARY 26 – 30, 2015

Updates on Key Legislation pertaining to First Nations

Please note: LEGISinfo, a website maintained by the Library of Parliament, provides comprehensive information on all legislation: http://www.parl.gc.ca/LegisInfo/Home.aspx?Language=E&Mode=1&ParliamentSession=41-2

Bill C-32: Canadian Victims Bill of Rights Act

Completed review by the House of Commons Committee on Justice and Human Rights and is currently at Report Stage in the House of Commons.
The Bill would create a Victims Bill of Rights that outlines specific rights for victims of crime, including accessing information about the criminal justice system and programs and services, information about the status of investigations and criminal proceedings, protection from intimidation and retaliation, right to have views considered, the right to present a victim impact statement and to make a restitution order.

Bill C-33: First Nations Control of First Nations Education Act

Passed 2^nd reading on May 5, 2014. The Minister of Aboriginal Affairs and Northern Development announced that the bill will be held pending clarification of the position of First Nations. The pre-study initiated by the Senate Committee on Aboriginal Peoples has also been put on hold.

Bill C-46: Pipelines Safety Act

Introduced December 8, 2014 and currently is at 2^nd reading.
The Bill introduces absolute liability for all NEB-regulated pipelines, meaning that companies will be liable for costs and damages irrespective of fault — up to $1 billion for major oil pipelines; companies continue to have unlimited liability when at fault or negligent; provides the NEB authority to order reimbursement of any cleanup costs incurred by governments, communities or individuals; and provides the NEB authority and resources to assume control of incident response if a company is unable or unwilling to do so (i.e., in exceptional circumstances).
There are implications for First Nations and further analysis is underway.

Bill S-6: Yukon and Nunavut Regulatory Improvement Act.

Currently at 2^nd reading in the House of Commons.
Amends the Yukon Environmental and Socio-economic Assessment Act to provide that the Canadian Environmental Assessment Act, 2012 does not apply in Yukon, to allow for the coordination of reviews of transboundary projects, to establish time limits for environmental assessments and to establish a cost recovery regime.

Private Members Bills

Bill C-469: Declaration on the Rights of Indigenous Peoples Act

Introduced on January 28, 2013 by Romeo Saganash, Abitibi – Baie-James – Nunavik – Eeyou.
Requires the Government of Canada to take all measures necessary to ensure that the laws of Canada are consistent with the Declaration on the Rights of Indigenous Peoples, and that the Minister of Aboriginal Affairs must prepare an annual report to Parliament for the next four years reviewing progress in implementing this law.

Bill C-628: An Act to amend the Canada Shipping Act, 2001 and the National Energy Board Act (oil transportation and pipeline certificate)

Introduced September 23, 2014 by Nathan Cullen, Skeena—Bulkley Valley.
Would amend the National Energy Board Act to ensure that consultations must take place between the Government of Canada and First Nations whose lands or waters will be affected by a pipeline.

Bill C-639: An Act to amend the Criminal Code (protection of critical infrastructures

Introduced December 3, 2014 by Wai Young (Vancouver South)
Act would create an offence of damaging any part of critical infrastructure – , with a minimum fine of $3,000 and maximum imprisonment of 10 years. If such damage is deemed to cause a danger to life, it could result in life imprisonment.
Critical infrastructure is very broadly defined as: “privately owned facility, network, service or asset that provides or distributes services for the benefit of the public, including services relating to energy, telecommunications, finance, health care, food, water, transportation, public safety, government and manufacturing, the disruption of which could produce serious adverse economic effects or endanger the health or safety of Canadians.”
This Act could be used to target First Nations engaging in civil disobedience, lawful protest or blockades.
AFN has been informed that the Act resulted from concerns of the Canadian Electricity Association regarding concerns of theft or vandalism to remove copper wire for sale. They have stated this bill goes far beyond those concerns and the AFN could seek to partner with them on public statements.
Additional analysis is underway.

Bill C-641: United Nations Declaration on the Rights of Indigenous Peoples Act

Introduced December 4, 20143 by Romeo Saganash, Abitibi – Baie-James – Nunavik – Eeyou.
Would require the Government of Canada to take all measures necessary to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples and for the Government to table a report on its progress between 2016 – 2036.
Requires the Government of Canada to take all measures necessary to ensure that the laws of Canada are consistent with the Declaration on the Rights of Indigenous Peoples, and that the Minister of Aboriginal Affairs must prepare an annual report to Parliament for the next four years reviewing progress in implementing this law.