The committee was studying Bill C-10, which would establish an independent commissioner to oversee the federal government's implementation of modern treaties. Appearing were Eva Clayton, President of the Nisga'a Lisims Government; Chief Sheldon Sunshine of Sturgeon Lake Cree Nation; Chief Pauline Frost of Vuntut Gwitchin First Nation; and Brianne Paulin, Legal Counsel for the Nisga'a Lisims Government.
Eva Clayton spoke in full support of Bill C-10, emphasizing that it was co-drafted with modern treaty nations and that no amendments are needed. She described how the Nisga'a Nation has spent two-thirds of its 25-year treaty period in dispute resolution or litigation, including a long-running dispute with the Department of Fisheries and Oceans, and argued that an independent commissioner reporting to Parliament would allow early intervention to avoid costly legal battles. She recommended the bill's passage, noting that the commissioner's first priority should be to meet with all modern treaty groups to understand their obligations.
Chief Sheldon Sunshine stated that Sturgeon Lake Cree Nation does not object to Bill C-10 for modern treaties, but he cautioned against extending any similar mechanism to historic numbered treaties unless it is grounded in what ancestors understood at the time of signing, informed by Cree legal orders and oral history. He argued that Canada's failure with historic treaties is constitutional, not administrative, and that any oversight body prioritizing current policy frameworks risks redefining treaty rights. He recommended that any future process for numbered treaties be developed on a nation-to-nation basis and not imposed through federal law.
Chief Pauline Frost strongly supported Bill C-10, stressing that modern treaties are constitutionally protected and that accountability mechanisms are essential to ensure obligations are met despite shifting government priorities. She noted that the legislation was co-developed through sustained dialogue and that its provisions reflect a shared understanding between Canada and modern treaty partners. She recommended the committee support the bill, adding that the commissioner should set priorities in collaboration with treaty partners and that modern treaty holders need additional resources to work effectively with the new office.
Brianne Paulin clarified that the commissioner is an independent agent of Parliament, not an added layer of bureaucracy, and that its mandate under clause 8 includes interpreting treaty obligations in a broad and purposive manner. She explained that enforcement lies with Parliament, not the commissioner, and that the commissioner's reports will allow the committee to ensure recommendations are implemented. She disagreed with the suggestion that the office lacks power, arguing that independent oversight provides a crucial avenue to avoid litigation and that the co-development of the bill is a key example of reconciliation.
The committee also heard from Chief Sunshine that he has not interacted with Saskatchewan's treaty commissioner office, which he described as primarily educational with little authority to compel government action. In response to a question about consequences if the bill fails, Eva Clayton said modern treaty nations would continue to face costly dispute resolution and court action, while Brianne Paulin added that failing to pass the co-developed bill would undermine the reconciliation process. The meeting concluded with a motion to proceed, which was agreed to.
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