Jody Wilson-Raybould 2017 Policy-Maker of the Year Putting Indigenous issues at the centre of Canadian politics - Macdonald-Laurier Institute
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DECEMBER 2017
2017 Policy-Maker of the Year
Jody Wilson-Raybould
Putting Indigenous issues at
the centre of Canadian politics
Also INSIDE :
The case for Home-ownership Reclaiming Canada’s Dragon at
fiscal reform in Canada human rights leadership the Door 1
Published by the Macdonald-Laurier Institute
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Brian Lee the Macdonald-Laurier
Lee Crowley,
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James Anderson,
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Communications
Brian Lee Crowley, Managing Director, mgdir@mli.ca
David
James McDonough,
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Editor, Inside
Contributing writers:
Contributing writers:
Thomas S. Axworthy Past contributors
Andrew Griffith Benjamin Perrin
Thomas S. Axworthy Andrew Griffith Benjamin Perrin
Thomas S. Axworthy
Donald Barry Philip Cross Stanley H. HarttCarin Holroyd Peggy Nash
Mike Priaro
Mary-Jane BennettDonald Barry Laura Dawson Dean Karalekas
Stanley H. Hartt Linda Nazareth
Mike Priaro
Ken
Carolyn Bennett Coates Jeremy Depow Paul Kennedy Paul Kennedy Colin Robertson
Geoff Norquay
Ken Coates Peter DeVries Paul Kennedy Colin Robertson
Massimo Bergamini Tasha Kheiriddin Benjamin Perrin
Brian Lee Crowley Brian Dijkema Audrey Laporte Roger Robinson
Ken BoessenkoolBrian Lee Crowley Jeremy Kinsman
Audrey Laporte Jeffrey Phillips
Roger Robinson
Don Drummond
Scott BrisonCarlo Dade Ian Lee Steven Langdon Robin V.Mike
SearsPriaro
Carlo Dade John Duffy Ian Lee Robin V. Sears
Derek Burney Audrey Laporte Richard Remillard
Catherine Cano
Laura Dawson Patrice Dutil Janice MacKinnon Brad Lavigne Munir Robin V. Sears
Sheikh
Laura Dawson Janice MacKinnon Munir Sheikh
Elaine Carsley Martha Hall Findlay Ian Lee Munir Sheikh
Guy Giorno Tom Flanagan Linda
Giorno
Guy Linda Nazareth
Nazareth AlexAlex Wilner
Wilner
Michael Chong Meredith MacDonald John Thompson
Dan Ciuriak Stephen GreeneChrystia Freeland Geoff Norquay Janice MacKinnon Gil Troy
Stephen Greene Geoff Norquay
Scott Clark Daniel Gagnier Velma McColl Michael Watts
Ken Coates Guy Giorno Ted Menzies Alex Wilner
Past contributors: Mary-Jane Bennett, Carolyn Bennett, Massimo Bergamini, Ken Boessenkool, Brian Bohunicky, Scott Brison,
Stephen Greene
Past contributors: Mary-Jane Bennett, Carolyn Bennett, Massimo Bergamini,
Celine Cooper Ken Boessenkool, Brian Bohunicky, Scott Brison,
Robert P. Murphy
Derek Burney, Catherine Cano, Dan Ciuriak, Scott Clark, Philip Cross, Celine Cooper, Peter DeVries, Don Drummond, John Duffy,
Derek Burney, Catherine Cano, Dan Ciuriak, Scott Clark, Philip Cross, Celine Cooper, Peter DeVries, Don Drummond, John Duffy,
Patrice Dutil, Joseph Fantino, Daniel Gagnier, Brad Lavigne, Tasha Kheiriddin, Jeremy Kinsman, Steven Langdon, Velma McColl,
Patrice Dutil, Joseph Fantino, Daniel Gagnier,
Cover photo:Brad Lavigne,
Courtesy Tasha
of the Kheiriddin,
Office JeremyofKinsman,
of the Minister Justice Steven Langdon, Velma McColl,
Ted Menzies, Robert P. Murphy, Peggy Nash, Gil Troy, Michael Watts.
Ted Menzies, Robert P. Murphy,
Production Peggy Renée
designer: Nash, Depocas
Gil Troy, Michael Watts.
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Supporters.
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The opinions are not necessarily those of the Macdonald-Laurier Institute, its Directors or supporters.
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From the editors Contents
4
W
New Conservative leader should be open to
elcome to MLI’s annual Policy-Maker of the Year issue. Past recipients
new ideas
have included: Truth and Reconciliation Commission chair Murray Stanley H. Hartt
Sinclair, former Foreign Minister John Baird and former Bank of Canada
Governor Mark Carney, as well as institutions and processes, such as the
7 Policy-Maker of the Year Jody Wilson-Raybould:
from activism to politics
Supreme Court of Canada and the process of “consultation” that has become Kate Heartfield
the leitmotif for the current government.
This year, we are pleased to name the Honourable Jody Wilson- 11 Jody Wilson-Raybould: forging real partnership
Ken Coates
Raybould, Minister of Justice and Attorney General, as our Policy-Maker
of the Year. As ably documented by both Kate Heartfield and Ken Coates, 14 How to get Canada out of the EA quicksand
Minister Wilson-Raybould has emerged as a truly impressive figure with one Ken Coates and Bram Noble
of the most challenging mandates in cabinet. Her contributions on justice 15 BC tanker moratorium is killing First Nations’
and Indigenous affairs are already notable. In the words of Coates, Wilson- enterprise
Raybould is a politician to watch. Robert Hage
Another politician with many eyes on him is the new Conservative leader 17 Trudeau and Morneau understand tax dodging.
Andrew Scheer. This is especially true following a tense leadership race and a They do it, too
narrow victory. Stanley Hartt offers some important advice to the new leader Philip Cross
on his policy options. 18 No help for would-be homeowners in Canada’s
Even with champions like Wilson-Raybould, it is also clear that the new housing strategy
government’s engagement with Indigenous communities can still be Jane Londerville
improved. This is the subject of separate articles by Coates and Dwight 19 Ottawa should avoid complacency on public
Newman and by Robert Hage. finances
Questions can also be raised about the state of the government’s public Sean Speer
finances, as noted in an article by Sean Speer. Yet, as explained by Philip 20 The case for fiscal reform: lessons from
Cross, this challenge is unlikely to be solved by raising the marginal tax rate the Anglosphere
on upper-income Canadians. Sean Speer and Alex Brill
Sadly, relief for Canadians hoping for more affordable housing is unlikely 23 Arithmetic not ideology
to be in the offing as well, at least based on the government’s own National Paul Martin
Housing Strategy. That is the conclusion of MLI’s newest Munk Senior
24 Washington should learn from the fiscal lessons
Fellow Jane Londerville. of the Anglosphere
Federal fiscal reform in the United States is increasingly necessary but Sean Speer
remains ever elusive. We are delighted to offer MLI’s contribution to this
25 Reclaiming Canada’s role as a global human
debate with our Lessons from the Anglosphere series. This issue of Inside Policy rights leader
includes a shortened version of the introductory essay by Sean Speer and Marcus Kolga
Alex Brill, the foreword of one of the papers by Paul Martin, and an article
27 Canada should be wary of China’s Asian
detailing what Washington can learn from the Anglosphere by Speer. Infrastructure Investment Bank
The passage of the Sergei Magnitsky Law provides an important sign that Philip Cross
Canada is reclaiming its leadership on human rights. Marcus Kolga offers his
29 The CCCI-Aecon deal is China’s gain,
thoughts on this subject. not Canada’s
This issue concludes with some articles from MLI’s continuing Dragon at Duanjie Chen
the Door series, exploring China’s Asian Infrastructure Investment Bank, the
31 Free trade with Chinese characteristics:
proposed purchase by a state-owned enterprise of Canadian construction giant let the buyer beware
Aecon, and what lessons Canadians can learn about China from Australia. These Peter Layton
are authored by Philip Cross, Duanjie Chen, and Peter Layton, respectively.
As this is the last issue of the year, Merry Christmas and happy holidays
from MLI!
INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute 3
CON S E R VATIV E P ARTY O F C AN AD A
Photo: public domain – flickr.com/photos/andrewscheer
New Conservative leader
should be open to new ideas
Andrew Scheer should be open to good ideas from his closest competitors
and be willing to discard the more notorious proposals from the leadership campaign.
good humour and civility during his stint the ballot (even though one of them, Kevin
Stanley H. Hartt as Speaker of the House of Commons. His O’Leary, had dropped out of the race after
French is better than passable, as it would the ballots were printed). Voting members
B ismarck’s famous statement that,
“Politics is the art of the possible, the
attainable – the art of the next best” was very
have to be as presiding officer in our elected
legislative chamber. He has a tendency to
smile, even when discussing extremely
were asked to list in numerical order of
preference their top ten choices. Each
member was associated with an Electoral
much in play at the Conservative Party’s polarizing and contentious issues. But, if District Association (“EDA”) – the riding
leadership selection process. By adopting the Tories were hoping to identify someone organization which the Party maintains in
a preferential ballot to make the selection, who could inspire crowds and lead masses, each of Canada’s 338 constituencies. Votes
they made sure that their new leader would the man who was the first choice of 21.82 by Party members were proportioned so that
be the first choice of a few and the second, percent of Party members on the first round each EDA had 100 votes, in order to ensure
third or fourth choice of many. of voting is not the guy. regional equity. So an EDA with 10,000
Andrew Scheer is a presentable For those who did not follow the intrica- members had 100 votes, and one with 63
politician. He earned a reputation for cies of the process, 14 candidates were on members had 100 votes.
4 INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute
On the first round of voting, Deepak that seemed outrageous to the others and to referenda, and popular initiatives to “let
Obhrai came in last with 0.41 percent of the the media, just to be distinguished from the the people speak,” an idea far more suited
votes. His votes were then re-allocated using pack. But it was often the case that excellent to the system of government south of the
the same procedure to the second choices of proposals came from losing candidates, border but anathema in our Parliamen-
his supporters. This continued until the 13th including some who lost badly. tary representative democracy. Responsible
round of voting, where, for the first time, Mr. Now, it will not surprise the reader to government operates through the principle
Scheer passed Maxime Bernier, MP from learn that sometimes victorious candidates that the executive must at all times retain the
Beauce, Québec, and won 50.95 percent to shun the ideas of their closest competi- confidence of the legislature, failing which
49.05 percent of the weighted points. tors. They may even relegate opponents we get an election to select a government
It isn’t just that the victory wasn’t to minor positions in assigning critic that will enjoy such confidence.
stirring. It leaves the public scratching their roles or committee memberships or when Other ideas suitable for the trash bin
heads about what the Party actually stands determining the general prominence of would include Steven Blaney’s resurrec-
for. The Leader is not free to set policy Party up-and-comers. Every Party does this. tion of the ill-fated Harper-era ban on
based on his successful campaign. The Party Even MPs sitting in the current Liberal wearing the Niqab by public servants
requires policy development conferences Cabinet got there because they were not, or when voting or swearing the oath of
at the membership level to submit policy in their view, accorded the standing they allegiance at citizenship ceremonies.
proposals for voting and vetting by EDA, deserved when they began their political Apart from any view on its substantive
regional, provincial and ultimately national careers in the Conservative Party. merits, this idea was in large measure
policy committees, and are only enshrined in The new Conservative Leader would responsible for giving Justin Trudeau
a potential platform by resolutions adopted be wise if he immediately discarded his majority. It was Tom Mulcair, after
at a national convention. some of the most notorious, unhelpful all, who when forced to choose between
How are the best ideas from the various platforms
of the leadership candidates to be retained?
As Thomas Jefferson said, “Democracy views that emerged during the leadership the anti-clericalism of his Quebec base,
is cumbersome, slow and inefficient, but contest. Kellie Leitch attempted to which would have supported the ban,
in due time, the voice of the people will be grab attention by suggesting that every and the soft-hearted, inclusiveness of the
heard and their latent wisdom will prevail.” foreign applicant to Canada should have Anglophone-majority provinces, broke
In the meantime, how are the best ideas a face to face interview with a Canadian the “anybody but Harper” tie with the
from the various platforms of the leadership government representative – to ensure that Liberals by opposing the ban.
candidates to be retained, developed and the applicant shared “Canadian values.” Michael Chong’s carbon tax should
refined so that some of the strong views This concept could have been intended to not be far behind for Conservatives. Nor
expressed during the campaign are not lost mean inclusiveness, generosity, support for should Pierre Lemieux’ pre-occupation
as “sound and fury, signifying nothing”? our medical care system, social programs, with re-opening lost social conservative
Candidates often spoke from conviction etc. But it was purposely allowed to fester battles on abortion and same-sex marriage.
about potential legislative initiatives they as an unspoken reference to “barbaric Brad Trost had proposed a Trump-like
would press if elected, and many of the cultural practices,” such as honour killings ban on entry to Canada from countries or
ideas were sound, creative, thoughtful, and and female genital mutilation. regions that harbour, support, or encourage
helpful. Despite some observers writing This is not surprising. This was the terrorism and extremism, and it would be
off the leadership race on the basis that all same candidate who set up a “snitch line” easy to forecast how long such a broad-brush
Tories more or less stood for the same thing, during the last election campaign, resulting approach to border security would survive a
there were a multitude of areas where this in significant voter outrage. Then Ms. test in the Supreme Court of Canada.
was not so. Sometimes a candidate went Leitch came out with the idea that Canada But what of the good ideas proposed
out of their way to espouse a policy plank needed to be governed by more plebiscites, by Mr. Scheer’s rivals? There seemed to
INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute 5
be a consensus for lower taxes, smaller to “needy” individuals and groups is easier tions that we be willing to have these
government, and fiscal responsibility, and to understand than the Conservative “on the table.” We escaped with only a
the new Leader will doubtless build the view that better results are obtained by readjustment of the quotas, largely because
next electoral platform around such basic creating an environment for investment, distance meant that few New Zealand or
conservative values. But is there a risk that risk-taking and job-creation by reducing Australian dairy producers saw Canada
bolder, imaginative and growth-oriented the size of government and the tax burden, as a practical market for their products
initiatives fall by the wayside merely controlling inflation, and limiting red in any mass volume. But, with NAFTA
because they originated with campaign tape and regulation. It takes a very good up for renegotiation, we should turn our
rivals, particularly those who came close to and committed communicator, like Mike attention to thinking about the economic
claiming the prize? Harris, for example, to get citizens to buy gains to be achieved by restructuring
Maxime Bernier’s platform was based into that logic. these basic food-producing industries
on rock-solid economics. From complete-
ly ending all barriers to interprovincial
trade, to pursuing new international
trade agreements (including, presumably,
Maxime Bernier’s platform was based
retaining some form of the Trans-Pacific on rock-solid economics.
Partnership [“TPP”], despite the US
decision to withdraw), to eliminating
corporate welfare and ending the plethora
of boutique tax credits, Bernier’s policies It might, of course, be even more while massively lowering the costs to
were an economic purist’s delight. politically problematic to espouse Mr. consumers of dairy and poultry products.
He was also a strong proponent of Bernier’s promise to eliminate marketing New co-operatives, like Agropur, could
privatizing Crown assets that were an boards for dairy and poultry products. But emerge providing ownership interests and
impediment to creative market competi- the potential results might well be worth employment to the owners of small farms
tion, such as the mortgage insurance and the painful adjustments that all institu- dedicated to those product lines and, with
securitization functions of the Canada tional disruption inevitably causes. When proper adjustment programs, the resulting
Mortgage and Housing Corporation, as the Canadian Wheat Board was eliminat- growth would increase our prosperity and
well as Canada Post and our airports while ed, a number of significant new grain standard of living.
also eliminating the power of the CRTC industry traders and processors emerged to Don’t write these ideas off too
(Canadian Radio-television and Telecom- give farmers real choice and to modernize quickly. They are sound, overdue and in
munications Commission) to constrain our market. At the time of the original the country’s best interest. Over to you
competition in broadcasting. Canada-US Free Trade Agreement, we Mr. Scheer! Make these truly Conserva-
But the natural impediment to all had identified industries that we were tive policies yours and the Party’s. Selling
growth-oriented policies is that good certain would effectively disappear, among them will be the legitimate test of your
economics do not always lead to attractive them the wine industry. What happened leadership skills!
political positions. Once a program is in instead was that, with the entire North
place, it invariably has a following who American continent as their market, the Stanley Herbert Hartt, OC, QC is a lawyer, lecturer,
adore and defend it. The mantra in the best Canadian winemakers grew exponen- businessman, and civil servant. He currently serves as
Finance Department when I served there tially. Smaller, craft wineries of very high counsel at Norton Rose Fulbright Canada.Previously
was always, “The easiest policy to cut quality emerged, and we now can hold Mr. Hartt was chairman of Macquarie Capital Markets
is one that hasn’t been announced yet.” our heads up as among the world’s leading Canada Ltd. Before this he practised law as a partner
An economics professor of mine, David wine producers. for 20 years at a leading Canadian business law
McCord Wright, used to put it even more Our marketing boards have already firm and was chairman of Citigroup Global Markets
simply: “Growth comes through change escaped one round of trade negotiations Canada and its predecessor Salomon Smith Barney
and causes change.” in which there was some risk of their Canada. Mr. Hartt also served as chairman, president
This is the bane of Conservatives. demise. New Zealand and Australia had and CEO of Campeau Corporation, Deputy Minister at
The Liberal practice of transferring made it a condition of our entry into the the Department of Finance and, in the late 1980s, as
resources through government spending Trans-Pacific Partnership (TPP) negotia- chief of staff in the Office of the Prime Minister.
6 INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute
C O V E R F E A T U R E
Policy-Maker of the Year:
Jody Wilson-Raybould
From activism to politics
Canada’s Justice Minister and Attorney General Jody Wilson-Raybould came to office
with an extensive mandate. She is one of the busiest, most active members of Cabinet,
and MLI is delighted to name her Policy-Maker of the Year.
Photo: Courtesy of the Office of the Minister of Justice
Kate Heartfield
I n her first speech as Canada’s Justice Minister, early in 2015,
Jody Wilson-Raybould spoke about the values she was
taught in a matrilineal, communitarian Indigenous society.
“Our whole system was and is about balance,” she told a
crowd at Simon Fraser University’s School of Public Policy.
INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute 7
Two years later, in Ottawa’s hyper- are prevented from playing a role, then the Wilson-Raybould studied at the
partisan corridors, with a stack of highly community suffers.” University of Victoria and the University
charged social and justice issues on her desk, Wilson-Raybould, 46, grew up and was of British Columbia and was called to the
the right balance is never easy to achieve. educated in British Columbia. She comes bar in 2000. She worked as a provincial
Advocates of justice reform criticize her from the Musgamagw Tsawataineuk and Crown prosecutor in Vancouver’s
for being too slow to address the many ways Laich-Kwil-Tach peoples of Vancouver Downtown Eastside. She became a policy
in which that system is broken. At the same Island. Her grandmother, Ethel Pearson, advisor to the BC Treaty Commission in
time, the Opposition is constantly pushing or Pugladee, was the matriarch of their 2003 and was elected to council of the We
against a Liberal justice agenda that social clan and her father, Bill Wilson, is a Wai Kai Nation in 2009. From 2009 until
conservatives characterize as a reckless hereditary chief. 2015, she served as Regional Chief of the
attempt at social engineering. After Wilson-Raybould was elected, the BC Assembly of First Nations.
“She has been one of the busiest and Internet was charmed by video from 1983 Perry Bellegarde, who is now the
most active ministers just on the policy file of Wilson confronting then Prime Minister National Chief of the Assembly of First
alone,” says Emmett Macfarlane, a political Pierre Elliott Trudeau. “I have two children Nations (AFN), got to know her during
scientist at the University of Waterloo whose in Vancouver Island,” said Wilson, “both of those years. “She’s very principled. She’s
research focuses on rights, governance and whom for some misguided reason say they fair, transparent. Those are strengths that
public policy. “My appraisal of that is that want to be a lawyer. Both of whom want to she’s going to need as Attorney General and
she has also been one of the most competent be the Prime Minister. Both of whom, Mr. Minister of Justice. And she’s professional.”
and successful ministers in handling a set of Prime Minister, are women.” In 2013, Justin Trudeau came to an
difficult files.” There was general laughter, which tells AFN meeting in Whitehorse. He sat down
If Justin Trudeau’s Liberals want to you something about 1983. with Wilson-Raybould, 30 years after
make a lasting impact on Canadian society, “Tell them I’ll stick around till they’re their fathers traded barbs. He asked her if
the justice file is key. If they want to change ready,” the elder Trudeau quipped. she would consider running, and invited
the way Canada deals with social problems The pre-teen Jody Wilson-Raybould her to chair the Liberal convention in
such as poverty and racial injustice, they watched that exchange on television, and Montreal the following year. In 2015, she
have to change the Criminal Code and while it’s true that she grew up planning to be ran and won the seat in the new riding of
reform the court system. If they want to a lawyer, the bit about wanting to be Prime Vancouver Granville. On Nov. 4, 2015,
achieve any measure of reconciliation with Minister was her father’s rhetorical flourish. she was sworn in as Justice Minister and
Indigenous peoples, then more than 150 Wilson-Raybould carries the Kwak’wala Attorney General.
years of colonialism will have to be stripped name Puglaas, which means “woman born The mandate letter she received from the
out of Canada’s laws. to noble people.” (It’s her Twitter handle.) Prime Minister is exhausting even to read.
Wilson-Raybould came into office
with a mandate to, among other things,
If Justin Trudeau’s Liberals want to make respond to the Supreme Court decision
on physician-assisted death, help
a lasting impact on Canadian society, develop the inquiry into missing and
the justice file is key. murdered indigenous women, review the
government’s litigation strategy, repair
several major aspects of the criminal
Two years into the job, Canada’s Justice The name was given to her when she was justice system, help guide the legalization
Minister and Attorney General says she a child, at a potlatch. Potlatches are a and regulation of marijuana, change the
still sees her role as correcting imbalance: system of governance that involve dancing laws regarding national security and guns,
“Balance between a diversity of views. and speeches, the giving of names and the introduce legislation to prohibit some
Balance between ensuring rights of individ- distribution of gifts and property. forms of discrimination against transgen-
uals to participate in our democracy. It From 1884 to 1951, the assimilationist der people — all this while serving as the
comes from the values that I learned from government of Canada outlawed potlatch- Crown’s chief law officer and as the legal
a really young age, that everybody in our es, and participation in them was an offence advisor to cabinet, and while dealing with
community has a role to play. When people punishable by imprisonment. new events and circumstances as they arise.
8 INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute
Minister Wilson-Raybould and Prime Minister Justin Trudeau speak with first Minister attends Justice Canada’s employee national awards ceremony,
responders and community leaders about opioid use in Vancouver. recognizing outstanding performance and contributions in 2017.
(Photo: pm.gc.ca/eng/photos) (Photo: Courtesy the Office of the Minister of Justice via Twitter @MinJusticeEn)
15 years. That’s what we see with Justice
Martin; she’s 60 years old and could sit on
the court until she’s 75.”
She’s also been But when it comes to her policy impact on
Canada’s justice system so far, Ottawa lawyer
busy with judicial Michael Spratt calls the pace “disappointing.”
appointments and “There’s been a stunning lack of
advancement on the criminal legislation
is proud of the work that has been introduced,” says Spratt,
that she’s been able who is a partner at Abergel Goldstein &
Partners. “What has been introduced is
to do there. rather unambitious, save for the medical
assistance in dying bill, which is one of the
(Photo: Courtesy the Office of the Minister of Justice)
highlights of her tenure thus far.”
Beyond all that, she’s had to meet the less have been working on achieving the ends of The bills on cannabis and impaired
tangible expectations that come with being C-16 for decades and the emotion on their driving, he says, “have from the perspective
a role model, as the first Indigenous person faces when the bill received royal assent was of the defence bar missed the mark and are
(and only the third woman) to hold that job. something that I’ll never forget.” very problematic.”
“She has earned a reputation,” says She’s also been busy with judicial Wilson-Raybould has started to deal with
Macfarlane, “not just for having a steady appointments and is proud of the work that some of the problems in the Canadian court
hand on the wheel but for initiating a she’s been able to do there, and on her work system, but Spratt says one likely explanation
whole set of successful policy changes, just advising the Prime Minister when it comes for the slowness on this file is that criminal
in terms of the bills that have gone through to the Supreme Court. Trudeau announced justice has become intensely politicized.
Parliament under her portfolio.” the nomination of Sheilah Martin to the Take, as one example of this, an exchange
Her political successes this year include Supreme Court in November. from May in the justice committee.
the passage of Bill C-16, which amends “It is an incredible responsibility for Conservative MP Ted Falk listed bills
the Canadian Human Rights Act and the a gal that is from the west coast of British related to medical assistance in dying, the
hate-speech provisions of the Criminal Columbia who went to law school at UBC,” transgender rights bill, a repeal of a sexual
Code to add gender identity and expression says Wilson-Raybould. “I could never have offence in the Criminal Code that targeted
as prohibited grounds for discrimination. It imagined me being in a position where I gay men, and safe injection sites. Falk asked
received royal assent in June. could assist a prime minister in charting, the justice minister: “These pieces of legisla-
“That to me was a big highlight,” she essentially, for the legal community, the tion seem to have a particular theme to them
recalls, “because I saw the advocates who Supreme Court of Canada for the next and I’m wondering what is it that motivates
INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute 9
your government to, in my opinion, be Prime Minister announced a working Carolyn Bennett is the Minister of
so bent on and recklessly determined to group of ministers charged with reviewing Crown-Indigenous Relations and Northern
destroy our social and moral fabric?” all laws and policies related to Indigenous Affairs, and Jane Philpott is the Minister of
Wilson-Raybould responded that she peoples, with Wilson-Raybould as chair. Indigenous Services.
wouldn’t apologize for upholding Charter Bellegarde says one of the major “I’m proud to be a part of that,” says
rights. “We are making decisions as a benefits to having someone of Wilson- Wilson-Raybould, “working with my
government that ensures we uphold what Raybould’s background in the job is that colleagues Ministers Bennett and Philpott and
makes this country great, which is its diversity. Indigenous people have not had to spend under the Prime Minister. I believe that our
We benefit from having a Charter of Rights time educating a new minister about basic relationship with Indigenous peoples will be
and Freedoms and it is my most important concepts such as treaty rights. one of the lasting legacies of our government.”
job, that we ensure that we uphold those “We both agree that we need to move Wilson-Raybould says her greatest
rights. If I didn’t do that I wouldn’t be doing beyond the Indian Act and exert First challenge so far has been balancing all her
my job. I will not apologize for those pieces Nations jurisdiction and sovereignty, and duties as MP of a Vancouver riding, as
of legislation but I will stand up and shout move back to nation to nation. That’s the Attorney General and Justice Minister. She’s
from the rooftops as to the substantive public work we need to do together, collectively. working harder than she’s ever worked, she
policy that stands behind each of those.” And having an individual with her says, but wouldn’t change it.
I believe that our relationship with Indigenous peoples
will be one of the lasting legacies of our government.”
– Jody Wilson-Raybould
If every piece of legislation becomes a background and her experience in a very key Jumping into the world of partisan
front in a culture war, that takes time – and position, as the Attorney general of Canada, politics has also been a contrast, in some
that even scarcer commodity, political courage. will mean we’re going to get better policy ways, to her former life in First Nations
Spratt says the polarization on criminal and better legislation, and more sensitivity politics and activism.
justice policy will make Wilson-Raybould’s to First Nations law and jurisdiction and “Debate on public policy sometimes
job even more difficult now that the Liberals inherent rights and treaty rights.” gets lost in the wrangling of partisan
are well past their honeymoon period. Part of the task of reconciliation is the politics. I know that’s the reality of life here
“I can understand impatience. I am implementation of the United Nations and it’s always going to be that way. But
impatient as well,” says Wilson-Raybould. Declaration on the Rights of Indigenous Peoples. there are issues that are so important that
She says she’s been talking with her Another part is the inquiry on missing and require a non-partisan approach to their
provincial counterparts and with Canadians murdered women, which has been so plagued resolution. Issues like the environment and
across the country to identify priorities and by bureaucratic tangles, delays and resigna- climate change. Issues like the recognition
is planning “bold” reforms. “It’s something tions that Wilson-Raybould’s father called of Indigenous peoples within our constitu-
that I’m deeply committed to and I want to it a “bloody farce” in the summer. There are tional fabric. If I can bring anything I know
make sure that when we introduce reforms, the recommendations from the Truth and I bring this to my role and try to work in
it benefits from broad consultation and Reconciliation Commission to implement. this regard with every member of Parliament
dialogue and debate… When all of those All of this is informed, or should be, by the and try to work toward consensus around
voices are heard and reflected in the public nearly 22-year-old recommendations of the issues that require the investment of all
policy decisions that we make, I hope that Royal Commission on Aboriginal Peoples. members of Parliament and the investment
the hyper-partisan nature of the reality that Wilson-Raybould says a lot of the of all Canadians.”
we live in dissipates somewhat.” government’s early work on reconcilia-
An overhaul of the Criminal Code tion has been internal or in consultation Kate Heartfield is an Ottawa-based writer and editor.
is not the only major review on Wilson- with Indigenous communities, laying the She is the former editorial-pages editor for the Ottawa
Raybould’s to-do list. Early in 2017, the groundwork for more visible changes. Citizen, and teaches journalism at Carleton University.
10 INSIDE POLICY • The Magazine of The Macdonald-Laurier InstituteP OLI C Y- M AK ER O F TH E YEAR
Photo: Courtesy of the Office of the Minister of Justice
Jody Wilson-Raybould:
forging a real partnership
Minister Wilson-Raybould has tackled one of the most pressing issues of our times –
Indigenous legal and constitutional rights – with grace and determination.
Ken Coates and, in particular, to Indigenous- before entering federal politics. She has
government relations in Canada. She tackled one of the most pressing issues of our
J ody Wilson-Raybould is a truly impressive
individual. Having followed her career
argued that the status quo was unacceptable
but also made it clear that there was no
times – Indigenous legal and constitutional
rights – with grace and determination. She
in Aboriginal politics with interest over simple or obvious solution to a set of has navigated the uneven terrain between
the years, I was delighted to learn that she issues hundreds of years in the making. In Indigenous politics, federal politics, the civil
was giving the introductory address at a a field often given to polemics and strong servants of the Department of Indigenous
governance conference at Queen’s University. opinions, Jody Wilson-Raybould adopted a and Northern Affairs Canada, and a highly
In that formal scholarly setting, Wilson- practical, problem-solving approach. sensitive general public. Her unflappability
Raybould did a remarkable job of setting As one of the most important cabinet has served her and the government well as
the tone for the conference, challenging ministers in the Government of Canada, the complications of treaties historical and
academics to produce more creative Wilson-Raybould is still as refreshing and contemporary, numerous court challenges
approaches to Indigenous administration straight-forward as she was in her time and decisions, wide-ranging Indigenous
INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute 11demands, complex Indigenous positions She has managed a diverse and exacting Indigenous policies, including shaping
on resource development, and the many portfolio with grace and competence – while the government’s evolving position on the
shortcomings of federal Indigenous policies leading the government’s efforts to redefine United Nations Declaration on the Rights of
play themselves out in national politics. the nation-to-nation relationship sought by Indigenous Peoples (UNDRIP), reviewing
Wilson-Raybould’s greatest achieve- Indigenous peoples in Canada as promised the foundations of the federal relationship
ment – and this is no small feat – is that by Prime Minister Trudeau. with the First Nations, Inuit and Métis, and
she has shifted, with the full support of the Wilson-Raybould came to federal restructuring Canada’s legal arrangements
Prime Minister and his cabinet, Indigenous politics in a unique manner. The daughter with Aboriginal people in Canada.
affairs from the margins to the centre of of prominent – and provocative – Wilson-Raybould’s contributions are
Canadian politics. She has accomplished Kwagiulth hereditary chief Bill Wilson, numerous and extend beyond the specific
this through her knowledge of the file and she emerged from often fiery and always confines of Indigenous policies and the
her forceful, yet understanding approach intense world of British Columbia politics. law, but here her impact has been substan-
to the Canadian business community and Educated as a lawyer, she had a diverse tial. Together with her cabinet colleagues
non-Indigenous people generally. Together career before entering national Indigenous Carolyn Bennett and Jane Philpott – a
with Assembly of First Nations National politics, serving as a Crown Prosecutor and triumvirate of unusual talent and even
Chief Perry Bellegarde, she has taken one of advisor to the BC Treaty Commission. As greater determination – she is directing
the most divisive issues in Canadian public the Regional Chief for British Columbia a “whole of government” approach to
affairs and made it accessible and yet still with the Assembly of First Nations, she rebuilding relations with Indigenous
urgent. She knows that the Canadian public made major contributions to the develop- governments, organizations and peoples.
is not yet fully onboard but has managed to ment of Indigenous self-determination While the government’s promises have,
Minister Wilson-Raybould, a member of the We Wai Kai Nation, is also
the most influential Indigenous federal politician in Canadian history.
push the most aggressive Indigenous agenda and effective governance. Capitalizing on to date, been more substantial than its
in Canadian history without producing the Government of British Columbia’s accomplishments, significant progress has
a sustained backlash against Indigenous more conciliatory approach to Indigenous been made in building the underpinnings
peoples and the Government of Canada. affairs, Regional Chief Wilson-Raybould of new political and structural approaches
Wilson-Raybould is changing Canada helped shape a more promising agenda in to Indigenous affairs.
and Canadian politics in the most valuable a province long-known for conflict between Indigenous organizations remain as
ways: by introducing bold and construc- provincial and Indigenous leaders. vigilant and assertive as ever, but close
tive policies while challenging the country Jody Wilson-Raybould came to observers of federal politics know that
to change the way it is governed. She is national prominence as the co-chair of the groups like the Assembly of First Nations,
one of the remarkable group of female 2014 Liberal convention, held in Montreal. Métis National Council and the Inuit
cabinet ministers who have demonstrat- Her political potential, long known to Tapiriit Kanatami have been drawn
ed that Prime Minister Justin Trudeau’s observers in British Columbia, had found a into the productive co-production of
commitment to gender equity truly was national outlet. She accepted Liberal leader policy processes and more collaborative
more about unleashing political potential Justin Trudeau’s encouragement to seek approaches than in the past. Canadians
than making grand symbolic gestures. the nomination in Vancouver-Granville. have become used to Indigenous political
Minister Wilson-Raybould, a member She won the nomination and then the activism – the spirit of Idle No More lives
of the We Wai Kai Nation, is also the most seat in the 2015 federal election. She was on in powerful ways – but the Trudeau
influential Indigenous federal politician in subsequently appointed Minister of Justice government has awakened the country to
Canadian history, although it misrepresents and Attorney General of Canada. the prospect for real and sustained change
her contributions to the government and to As Minister of Justice, she has played a in both policies and, even more promising,
Canada to label her an “Aboriginal politician.” prominent role in the development of federal Indigenous outcomes.
12 INSIDE POLICY • The Magazine of The Macdonald-Laurier InstituteFor generations, Canadians have been
used to seeing Indigenous policy-making
as an important but marginal element
in national politics. Occasional conflicts
brought Indigenous affairs to the fore,
but the troubled nuances of reserve water
policy, Indigenous economic development,
Discussing Canada’s
modern treaties and social programs rested justice system and
on the periphery of Canadian politics. how to reduce poverty
at the National Poverty
With Minister Wilson-Raybould in a
Conference in
prominent cabinet position, and with the September.
force of her personality, political instincts, (Photo: Courtesy the Office
of the Minister of Justice
and insights into Indigenous policies, via Twitter @MinJusticeEn)
she has been pivotal in regularizing the
national prominence of Aboriginal affairs.
The Trudeau government has succeeded in
Jody Wilson-Raybould has built
ensuring that Indigenous matters are viewed the most powerful 21st century persona
as among the most important questions
facing the country. The ground has been
in federal politics.
prepared for a substantial, sustained and,
one hopes, successful effort to address the cabinet and Parliament, and working with persona in federal politics. More than any
economic, social, political and cultural her colleagues and Indigenous groups to other federal politician, she has present-
needs of Indigenous people in Canada. build a foundation for long-term partner- ed a vision for the transformation of
The most effective federal politicians ships. She has run her Ministry with skill Canada, breaking away from the tired and
in Canada often work behind the scenes, and integrity, avoiding the controversies harmful policies of the past and creating
developing ties with their provincial, territo- that are commonplace with first-time the foundation for a new Canada where
rial and, in this case, Indigenous counter- cabinet ministers, and developing a Indigenous peoples are – finally and firmly
parts. They work on structural matters – national reputation for calm leadership. – true partners in Confederation.
less newsworthy, perhaps, than large-scale Jody Wilson-Raybould is a politician to She has demonstrated that the country
budgetary announcements – and on shifting watch. Her broad contribution is perhaps need not remain locked in the past and
the legal and policy foundation in Canada. without parallel in the current Liberal can contemplate dramatic changes in
One of Minister Wilson-Raybould’s main government. As an Indigenous leader willing the political status quo. Where else in
tasks – identifying new approaches to legal and able to speak bluntly and forcefully to government are we seeing such transfor-
relations between Canada and Indigenous her counterparts in Indigenous organiza- mative rebuilding of policy and the civil
peoples – has the potential to restructure tions, she has developed an audience for service? Through the force of her personali-
and regularize a system that has become constructive change. Driven by the family ty combined with her confidence, Minister
a focus for contention and conflict. This is passion for justice for Indigenous peoples, Wilson-Raybould has made it clear that a
not the “stuff” of high politics, but it has the schooled in the hard-knock world of First country that is based on real collabora-
potential to shift relations with Indigenous Nations politics in British Columbia and tion with Indigenous people is actually
peoples from the courts, time-consuming and well-aware of the social challenges facing a much better place, for Indigenous and
expensive, to more collaborative, problem- Indigenous peoples across Canada, Minister non-Indigenous peoples alike. One gets
solving partnerships between the federal Wilson-Raybould is a powerful and the sense that she is just getting started.
government and Indigenous authorities. unrelenting advocate for true social justice.
Canadians, in the main, under-estimate By giving a new face to Indigenous Kenneth S. Coates is MLI’s Munk Senior Fellow in
the important roles that Minister Wilson- affairs in Canada – and with a sweeping Aboriginal and Northern Canadian Issues. He is the
Raybould plays in national affairs. She has impact on her portfolio and on the broader Canada Research Chair in Regional Innovation in the
toned down the rhetoric on Indigenous government – Jody Wilson-Raybould Johnson-Shoyama Graduate School of Public Policy at
affairs, pushing for new approaches in has built the most powerful 21st century the University of Saskatchewan.
INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute 13N ATU RAL RES O U RC ES
How to get Canada out
of the EA quicksand
A new regional environmental assessment process could help address
big picture issues surrounding proposed resource projects.
Ken Coates and Bram Noble project-based environmental assessments. With these parameters understood,
The established procedures were never the work is typically turned over to
T he federal government’s commit-
ment to fixing Canada’s environmen-
tal assessment process appears to be going
intended to tackle big picture issues such
as downstream greenhouse gas emissions
or the future of the Oil Sands.
technicians charged with completing
the environmental research and analysis.
All the while, costs to the companies
nowhere fast. Recently Indigenous partici- A big part of the answer is to ask project- mount, governments wait anxiously for
pants walked out of the Ottawa meetings based EAs to do less, not more. Canada the anticipated jobs and tax revenue, and
aimed at EA reform, declaring themselves should create a new process of regional Indigenous communities wrestle with
upset that the government had proceeded assessments to address the big picture issues difficult local decisions.
with development work without Indige- first – before individual project proposals But there is a better way: Do not
nous involvement. are on the table. wait for companies to identify a specific
The federal government had promised property or site to be evaluated. Instead,
to reform the major underlying legislation develop a collaborative approach by
and co-produce EA policy with Indigenous government, business and Indigenous
representatives. Yet, as Assembly of First communities that covers broad regions,
Nations Ontario Regional Chief Isadore
A big part of the like Ontario’s Ring of Fire or the Western
Day commented, “It’s a sad story but we answer is to ask Arctic. This approach has already been
have become strangers to the process. tested on a smaller scale in the Great
… I’m sensing we are in darkening times
project-based Sand Hills region in Saskatchewan. Such
when it comes to sunny ways of this Prime EAs to do less, a practice is also unfolding in British
Minister and his commitment to nation-to- Columbia’s coal-rich Elk Valley.
nation relationship.”
not more. The regional assessment would review
Making progress on this file is vital. the natural environment, Indigenous
The National Energy Board has been In the current system, the discovery land and water use and areas of cultural
subjected to extensive and overwrought of a resource deposit starts the clock and spiritual importance, provide a
criticism, and a high-profile study ticking for governments and corporations. comprehensive evaluation of ecologically
recommended its effective elimination. This, in turn, puts enormous pressure on and culturally sensitive areas, and explore
The EA processes for the Kinder Morgan Indigenous communities to get in line the potential future outcomes under
Trans Mountain pipeline and other with the project. different types of development.
projects have become battlefields. Energy The environmental and social effects Indigenous communities would work
East is dead. The word is out that Canada of the proposed developments must be with other interested parties to chart areas
has become EA quicksand. understood. Plans have to be in place of environmental, cultural and spiritual
Governments, Indigenous communi- to mitigate against potential ecologi- vulnerability. These baseline studies would
ties and resource companies agree on cal and social disruptions. Consulta- be updated over time – a crucial require-
the need for comprehensive, accurate tions with Indigenous peoples have to ment given changes to the environment.
and effective environmental and social be rigorous and comprehensive. Further, Proactive measures like this could
assessments of proposed resource projects. the accommodations and compensation transform the development process
So how can we do better? We should provided to the communities must be
start by acknowledging the limits of appropriate and effective. Continued on page 33
14 INSIDE POLICY • The Magazine of The Macdonald-Laurier InstituteOI L TAN K ER M O RATO RIU M
Lewis Pratt
BC tanker moratorium is killing
First Nations’ enterprise
The proposed BC-Alberta energy corridor is premised on Indigenous engagement.
Yet the federal government remains an obstacle despite its priority of Indigenous reconciliation.
Robert Hage met. In return, energy companies would peoples. As part of the process, the United
get a “pre-approved” First Nations corridor States government created 12 regional
F ive years ago, as debate swelled across
southern and central British Columbia
about pipeline proposals to transport
through which pipelines and other infrastruc-
ture could run. Government and industry
would have the certainty missing from
profit-making native corporations. These
were designed to give its indigenous
peoples the means to ensure their financial
Alberta’s oil sands crude to BC ports, other projects, the now defunct Enbridge independence through their corporate
members of the coastal Lax Kw’Alaams First Northern Gateway and the now approved ownership of large tracts of land and the
Nation had an idea: develop an “energy Kinder Morgan pipeline, still opposed by opportunity to develop that land.
corridor” across First Nations’ traditional some First Nations and environmentalists. The Arctic Slope Regional Corpora-
lands from Fort McMurray to the BC coast. Consultations followed among the nine tion represents 11,000 Alaskan Inupiat;
Instead of endless arguments this corridor native bands along the corridor and, with it is now the largest Alaskan-owned
would provide a “social licence,” not only time, won broad acceptance. They created company with 10,000 employees. The
for oil pipelines but potentially for liquefied a governing body, the Chiefs’ Council, Chugach Alaska Corporation, with
natural gas, hydroelectric power and even and a company, Eagle Spirit Energy, as its 5,000 miles of coastline along the Gulf
fibre optic cable. operational arm. BC’s Aquilini Investment of Alaska, represents Aleut, Inuit, and
This would be a win-win situation. Group provided the seed money. Native American stakeholders. Through
The First Nations would be part of any The Chiefs’ Council did not have far its companies, Chugach designed, built,
government/industry decision-making to look for inspiration. Alaska’s petroleum and operates the Trans-Alaska Pipeline. Its
process with the prospect of obtaining development has, from the beginning, spill response and maintenance operations
ongoing employment, revenue and assurance been a partnership among government, have made it one of the world’s largest spill
their environmental conditions would be industry, community and indigenous preparedness and response organizations.
INSIDE POLICY • The Magazine of The Macdonald-Laurier Institute 15The proposed BC-Alberta energy stop the development of Enbridge’s Northern On December 9, 2015, Helen Johnson,
corridor mirrors this approach. It is built Gateway oil pipeline and Kitimat terminal. chair of the Chiefs’ Council, wrote to
on the premise that First Nations must be These bills all failed once the Conservatives Trudeau to request an urgent meeting to
engaged in a meaningful way from the start gained a minority government in 2006. discuss the proposed moratorium legisla-
in development, design, construction and Shortly after coming to power in 2015, Prime tion. She stated the government’s “unilater-
operation with a strong focus on environ- Minister Trudeau gave Transport Minister al tanker moratorium…did not involve
mental protection, exceeding Canadian Marc Garneau a “top priority” mandate to consultation with First Nations who have
regulations. Moreover, the council sees the formalize such a moratorium. been stewards of the lands and waters since
social and economic opportunities offered The previous bills proposed banning time immemorial and who have a right
to First Nations by the energy corridor as tankers sailing within the defined waters to access economic opportunities on our
directly addressing Canada’s “agenda for of what is known as Canada’s “Fishing lands.” No meeting took place. Almost a
reconciliation.” Zone 3,” stretching from the northern year later the Lax Kw’ Alaams Hereditary
Chiefs asked the Prime Minister’s Office
for consultations before implement-
First Nations must be engaged in ing a moratorium. They underlined the
a meaningful way from the start in importance of environmental protection
while meeting their social and economic
development, design, construction and operation. needs in an area with 90 percent unemploy-
ment. Again, no meeting.
When the Liberals subsequently
It is paradoxical that the major tip of Vancouver Island to the Alaska introduced the legislation in May, the same
impediment to the corridor’s ongoing Panhandle. Bill C-48, on the other hand, chiefs issued a declaration on September
development comes from the very federal prohibits tankers carrying crude oil from 28, 2017. It said that the moratorium
government which has made reconciliation entering or leaving ports in the same area. encompassing the Great Bear Rainforest,
one of its top priorities. On May 12, 2017, In focusing on the use of Canadian ports, which includes their traditional tribal lands,
the government introduced Bill C-48, the government has avoided a possible was “done without any prior consultation
the Oil Tanker Moratorium Act, which confrontation with the United States, or consent” as required under Canada’s
is still before Parliament. The proposed which has protested Canada’s claim that constitution and upheld by the Supreme
moratorium will apply to all large crude Fishing Zone 3 constitutes Canadian Court of Canada. As a result, “the Oil
oil shipments by tanker from ports along internal waters. The rather odd result under Tanker Moratorium Act… has no applica-
the BC coast and inland areas north of the new bill is that tankers carrying crude tion or effect in our traditional territo-
Vancouver Island (what the government can still ply these waters as long as they do ries.” They concluded “such initiatives
refers to as the “Great Bear Rainforest” and not enter or leave from a Canadian port. run counter to Prime Minister Trudeau’s
“Great Bear Sea”) as well as Haida Guaii. The legislation does not apply to tankers supposed reconciliation commitment to a
The rainforest includes the coastal and transporting refined oil. new relationship with Indigenous Peoples
inland territory of the Lax Kw’Alaams, in This, in turn, raises the question why one based on the recognition of rights,
fact, the very location where they envisaged such legislation is required at all. It does respect, co-operation and partnership.”
a tanker terminal. The act’s stated objective not apply to BC’s southern waters including It’s time to put a moratorium on the
is to “provide extra protection for BC’s the Strait of Juan de Fuca used by Alaskan Moratorium Act.
pristine northern coastline.” crude oil tankers headed for Puget Sound
The moratorium has been in the works or to the Port of Vancouver/Burnaby, the Robert Hage, a former Canadian diplomat with the
for a decade. In 2010, Liberal MP Joyce site of the Kinder-Morgan tanker terminal Department of Global Affairs, served as Canada’s
Murray, now parliamentary secretary to the now approved by the federal government. ambassador to Hungary and Slovenia, and as director
president of the Treasury Board, introduced a Enbridge’s Northern Gateway project was general for Europe and director general for legal affairs.
private member’s bill to legislate a tanker ban cancelled by the government this year. In He is author of the 2015 MLI study “Risk, Prevention
on the West Coast. Her bill was one of five sum, the only pipeline and terminal project and Opportunity: Northern Gateway and the Marine
introduced by the Liberals or NDP between the Moratorium Act would affect is the First Environment.” This article first appeared in the
2007 and 2011. Their stated objective was to Nations’ Eagle Spirit Energy Corridor. Financial Post.
16 INSIDE POLICY • The Magazine of The Macdonald-Laurier InstituteYou can also read
