Private member’s bill aims to amend and replace the Indian Act

Bernard Valcourt, Canada’s Minister of Aboriginal Affairs and Northern Development, issued a press release in late December celebrating the passing into law of Bill C-428, a private member’s bill aimed at amending and replacing the Indian Act.

Put into motion two years ago by Conservative Member of Parliament Rob Clarke, member of the Muskeg Lake Cree Nation and the Saskatchewan MP for Desnethé–Missinippi–Churchill River, the law repeals certain sections of the Indian Act concerning residential schools, trade restrictions and the sale of alcohol on reserves. The law allows band councils to pass bylaws without written permission from the Minister of Aboriginal Affairs. It also requires the minister to report to Ottawa every year on the progress made in replacing the Indian Act.

While most First Nations agree that the Indian Act needs to be re-examined and improved, many people are upset about the lack of consultation with Indigenous communities by the Conservative government. Others note that by using a private member’s bill to amend such fundamental legislation, the Conservatives were attempting to avoid negative feedback by treating as a simple initiative by a relatively unknown backbencher rather by the government.

According to an article in the Ottawa Citizen Dec. 11, Clarke was “boastful” about his bill being passed into law before the First Nations Education Act. That led Liberal Senator Lillian Dyck, also a Saskatchewan Cree and member of the George Gordon First Nation, to call out Clarke for “white man behaviour.”

Dyck apologized for her comments but stated that she does not consider them to be offensive. She also said there are serious flaws in the recently passed legislation. 

Bill C-428 does not require the government to report to the Senate about its actions to repeal the Indian Act, only the House of Commons. It does require the government to collaborate with First Nations in regards to amendment and replacement of the Indian Act, but with wording that Dyck says does not legally bind the government to consult with Indigenous peoples.

Valcourt’s Press Secretary, Emily Hillstrom, declined to comment on the question of proper consultation and the reasoning behind the Indian Act being replaced by a private member’s bill when contacted by the Nation. “Any further questions should be directed to the office of MP Rob Clarke,” said Hillstrom.