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Bill S-10 · 44th Parliament · Justin Trudeau

An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments to other Acts

Government bill. Became law.

Indigenous rights

  1. IntroducedJune 8, 2022
  2. Debated in principleJune 14, 2022
  3. Studied by a committeeDone
  4. Passed its first chamberJune 16, 2022
  5. Passed the second chamberJune 22, 2022
  6. Became lawJune 23, 2022

Leading supporters

Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.

  1. Justin TrudeauPrime Minister

Who carries this bill

Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.

What it set out to do

The Library of Parliament does not prepare Legislative Summaries for bills that implement treaties, conventions, agreements or administrative arrangements bills. The following is a short summary: On 9 June 2022, Sen. Marc Gold introduced Bill S-10, An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments to other Acts (Anishinabek Nation Governance Agreement Act), and it was given first reading. Part 1 enacts the Anishinabek Nation Governance Agreement Act and makes related and consequential amendments to other Acts. Part 2 amends the Sechelt Indian Band Self-Government Act to, among other things, (a) include certain elements typically provided for in self-government agreements; (b) specify elements that must be included in the shíshálh Nation’s constitution and set out an obligation to make publicly accessible amendments to the constitution as well as shíshálh laws and amendments to those laws; (c) take into account changes to the names of the Indigenous collective and of certain entities referred to in that Act to bette…

Summary by the Library of Parliament.

Where members stand

Votes and debate for this bill have not been read yet.

How it changed on the way

49% of the text as introduced was changed or removed by the time it became law (13,688 words introduced, 9,288 passed).

substantial changeintent mostly kept

The bill kept its core purpose of enacting the Anishinabek agreement and updating self-government rules but added extensive new text on shíshálh Nation rights, constitution, council powers and land rules while updating names and cross-references. Nearly half the introduced wording was altered or replaced during passage.

  • New section added affirming Aboriginal rights under section 35.
    After: “Rights of Indigenous peoples 3 This Act shall be construed as upholding the Aboriginal rights of the shíshálh Nation and the rights of any other Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 , and not as abrogating or derogating from them.”
  • Preamble rewritten to reference the former Act as it read on a specific date.
    Before: “AND WHEREAS the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved of (a) the enactment of legislation substantially as set out in this Act for the purpose of enabling the Sechelt Band to exercise self-government over its lands, and (b) the transfer by Her Majesty in right of Canada to the Sechelt Indian Band of fee simple title in all Sechelt reserve lands, recognizing that the Sechelt Indian Band would assume complete responsibility, in accordance with this Act, for the management, administration and control of all Sechelt lands;”
    After: “Whereas the members of the Indian Act Sechelt band, in a referendum held on March 15, 1986, approved of the enactment of legislation substantially as set out in the Sechelt Indian Band Self-Government Act , as it read on October 9, 1986, for the purpose of enabling the Sechelt Indian Band to exercise self-government over its lands, and the transfer by Her Majesty in right of Canada to the Sechelt Indian Band of fee simple title in all Sechelt reserve lands, recognizing that the Sechelt Indian Band would assume complete responsibility, in accordance with the Sechelt Indian Band Self-Government Act , as it read on that date, for the management, administration and control of all Sechelt lands;”
  • New elements required in the shíshálh Nation constitution.
    After: “(b) establish the procedures or processes to be followed by the Council in exercising the Nation's powers and carrying out its duties; (c) provide for a system of financial accountability of the Council to the members of the Nation, including audit arrangements and the publication of financial reports; (”
  • Added references to Anishinabek entities in Access to Information Act and Privacy Act.
    Before: “(vi) the council of a participating First Nation as defined in section 2 of the Anishinabek Nation , Education Agreement Act (vii) a ;”
    After: “(vi) the council of a participating First Nation as defined in section 2 of the Anishinabek Nation , Education Agreement Act (vii) a First Nation Government or the Anishinabek Nation Government , as defined in section 2 of the Anishinabek Nation Governance Agreement Act , or an Anishinaabe Institution, within the meaning of section 1.1 of the Agreement , as defined in section 2 of that Act;”

How precisely it is written

60VaguePrecise

mixedChallenging the law: ModerateDisputing a charge: Hard

The bill supplies many defined terms and lists specific law-making topics, yet leaves broad subjective power to the Governor in Council. This mix creates pockets of clarity alongside open-ended discretion that could invite argument.

Open to argument

  • “the Governor in Council may make any orders or regulations that the Governor in Council considers necessary”
    Uses a subjective 'considers necessary' test instead of an objective standard.
  • “unless he or she is satisfied that”
    Condition turns on the decision-maker's personal satisfaction rather than verifiable facts.
  • “with any necessary modifications”
    Undefined phrase that delegates interpretation of how statutes apply.

Clear-cut

  • “Anishinabek law means a law made by a First Nation or the Anishinabek Nation under section 6”
    Cross-references a numbered section and defined entities.
  • “make laws respecting (a) the selection of government representatives; (b) the determination of who is a citizen”
    Enumerates concrete subjects rather than open-ended categories.
  • “The Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982”
    Directly addresses a Charter-related classification with a clear negative statement.

Discretion. Subsection 13 and several order-in-council provisions hand the Governor in Council wide latitude to decide what is 'necessary' or when conditions are 'satisfied,' with no further statutory limits or review criteria.

Challenging the law itself. Broad discretionary clauses could support a vagueness or overbreadth argument under section 7 of the Charter, though the bill's many definitions and explicit Charter reference may blunt such claims.

Disputing a charge under it. Anishinabek laws are tied to ratified constitutions and the Agreement, so disputes over breach would likely require first interpreting those documents rather than the federal statute alone.

Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.

Did it work?

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    Who lobbied on it

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    Stages and dates from LEGISinfo.