Standing Senate Committee on Aboriginal Peoples

Standing Senate Committee on Aboriginal Peoples
Name	Standing Senate Committee on Aboriginal Peoples
Chamber	Senate of Canada
Type	Standing committee
Established	1984
Jurisdiction	Aboriginal affairs, Indigenous rights

Standing Senate Committee on Aboriginal Peoples

The Standing Senate Committee on Aboriginal Peoples is a permanent committee of the Senate of Canada that examines issues affecting First Nations, Inuit and Métis peoples and reviews federal statutes such as the Indian Act and matters related to Treaty implementation, land claim settlements and self-government agreements. The committee reports to the Parliament of Canada and conducts studies, hearings and consultations with stakeholders including representatives from the Assembly of First Nations, the Inuit Tapiriit Kanatami, and the Métis National Council. Its work intersects with federal institutions such as Indigenous and Northern Affairs Canada, the Privy Council Office, and the Department of Justice (Canada).

Mandate and Jurisdiction

The committee’s mandate is defined by the rules of the Senate of Canada to examine legislation, study topics and conduct inquiries pertaining to issues affecting Aboriginal peoples in Canada, including statutory instruments related to the Indian Act, land claims, self-government negotiations, Aboriginal rights, treaty rights and socio-economic conditions. It has the authority to summon witnesses from institutions such as Crown-Indigenous Relations and Northern Affairs Canada, the Royal Canadian Mounted Police, the Canadian Human Rights Commission, and territorial governments like the Government of Nunavut for studies on public policy, legislation and program delivery.

History and Development

Established in the 1980s amid debates following constitutional developments including the Constitution Act, 1982 and the recognition of Aboriginal and treaty rights in section 35, the committee has evolved through periods of inquiry into issues such as the Meech Lake Accord, the Oka Crisis, the Royal Commission on Aboriginal Peoples and the implementation of landmark decisions by the Supreme Court of Canada such as R v. Sparrow and Delgamuukw v. British Columbia. Over time the committee has broadened its scope to address urban Indigenous issues involving organizations like the Native Women's Association of Canada and to engage on international instruments including the United Nations Declaration on the Rights of Indigenous Peoples.

Membership and Leadership

Membership consists of senators appointed by the Speaker of the Senate representing regional groups and political affiliations such as the Independent Senators Group, the Conservative Party of Canada (senators), and the Progressive Senate Group. Chairs have included senators with backgrounds in Indigenous law, such as members with ties to communities represented by the Assembly of First Nations, the Federation of Sovereign Indigenous Nations and provincial Indigenous organizations like the Ontario Native Women's Association. The committee frequently invites leaders from bands such as representatives from the Nisga'a Nation, the Tsawwassen First Nation, and the Musqueam Indian Band.

Functions and Activities

The committee conducts studies, holds public hearings, undertakes site visits to communities such as those in Northern Quebec, Nunavut, Yukon and reserves in British Columbia, and prepares reports for the Senate of Canada and the House of Commons of Canada. Its activities include examining legislation including amendments to the Indian Act, assessing the implementation of agreements like the Comprehensive Land Claim Agreement and reviewing federal budgets administered by Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada. The committee also collaborates with bodies such as the Truth and Reconciliation Commission of Canada legacy organizations and international forums including the United Nations Permanent Forum on Indigenous Issues.

Reports and Recommendations

The committee has produced reports on subjects including child welfare reform with input from the Foster Care sector and organizations like the Native Women's Association of Canada, on housing informed by studies involving the Canada Mortgage and Housing Corporation, and on justice reforms considering rulings by the Supreme Court of Canada including R v. Gladue. Recommendations have addressed funding for education involving the Canadian Northern Economic Development Agency, health outcomes linked to the First Nations and Inuit Health Branch, and implementation pathways for the United Nations Declaration on the Rights of Indigenous Peoples. Its reports often recommend legislative changes, funding reallocations through Parliamentary appropriations and administrative reforms within federal departments.

Relationships with Indigenous Communities

The committee engages directly with community leaders, hereditary chiefs, elected band councils, and organizations such as the Assembly of First Nations, the Inuit Tapiriit Kanatami, the Métis National Council, the Congress of Aboriginal Peoples, and grassroots groups including Indigenous youth networks and urban Indigenous service providers. It conducts consultations in locations ranging from the Wapekeka First Nation to the Inuvialuit Settlement Region and coordinates testimony from legal scholars at institutions like the University of British Columbia, University of Toronto and University of Ottawa faculties specializing in Indigenous law. The committee’s outreach has been used to facilitate negotiated settlements involving parties such as provincial governments like the Government of British Columbia and municipal authorities.

Controversies and Criticisms

The committee has faced criticism from advocacy groups including the Assembly of First Nations and the Native Women's Association of Canada over perceived delays in implementing recommendations, limited follow-up by federal departments such as Indigenous Services Canada, and contentious hearings involving issues raised during the Ipperwash Crisis and the Sixties Scoop legacy. Some senators and commentators from groups like the Canadian Press and policy institutes such as the Fraser Institute have debated the committee’s effectiveness, transparency and responsiveness, while legal scholars referencing cases like Calder v. British Columbia (Attorney General) have critiqued its handling of land rights inquiries.

Category:Committees of the Senate of Canada