Indigenous and Northern Affairs

The House of Commons Standing Committee on Indigenous and Northern Affairs met to study Bill C-10, which would create a commissioner for modern treaty implementation. Appearing as witnesses were David V. Wright, an associate professor of law at the University of Calgary; Grand Chief Paul John Murdoch of the Cree Nation Government; Duane Gastant' Aucoin, an executive councillor for the Teslin Tlingit Council; and Justine Gilbert, a director at the Department of Crown-Indigenous Relations and Northern Affairs.

David V. Wright argued that Bill C-10 represents the federal government following through on an existing commitment, fills a key gap in the government's whole-of-government approach to treaty implementation, and deserves strong deference because it was codeveloped with modern treaty partners. He said the commissioner would provide independent oversight and help all departments improve by generating substantiated information, and he cautioned that amendments at this stage would amount to unilateral Crown action contrary to reconciliation.

Grand Chief Paul John Murdoch said the Cree Nation Government's experience shows that treaty tools allow communities to face challenges with optimism, and he praised the collaborative process that produced Bill C-10. He noted that the commissioner would help the Crown and indigenous nations stand "shoulder to shoulder" rather than face to face, and he emphasized that the mechanism should operate in parallel to existing treaty relationships, complementing them when they work well and providing a needed alternative when they do not.

Duane Gastant' Aucoin said the Teslin Tlingit Council has had to take the Crown to court multiple times because of implementation failures, and he expressed hope that the commissioner would help resolve disputes without litigation. He described the commissioner as a "shame totem" that would publicly highlight failures and pressure the government to act, while noting that the right to go to court would remain if the commissioner's recommendations were not followed.

Justine Gilbert explained that the commissioner would be part of a broader ecosystem of oversight tools, including deputy minister committees and intergovernmental forums, and would add public accountability by bringing Parliament into the conversation. She emphasized that the bill was codeveloped with modern treaty partners over two decades and that those partners believe it will substantively change their relationship with the Crown.

During the question period, members pressed witnesses on whether the commissioner would have meaningful consequences beyond naming and shaming. Wright and Aucoin both argued that public pressure and the threat of litigation would drive change, while Gilbert noted that the commissioner's reports would inform high-level discussions between the Prime Minister and modern treaty leaders. Grand Chief Murdoch said the commissioner would help educate departments and ensure consistent interpretation of treaties, and Aucoin added that it would help bridge gaps between departments and the Crown's treaty obligations. The committee then proceeded to clause-by-clause consideration, adopting clauses 2 to 10 on division.