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The Reconciliation Implementation Act: An Opportunity for Optimism

On November 4, 2024, Member of the Legislative Assembly of Alberta Brooks Arcand-Paul introduced Bill 209 – The Reconciliation Implementation Act – to the Alberta Legislative Assembly.[1] Arcand-Paul expressed that the Bill “seeks to put Alberta on a better path forward. For far too long, the statistics for Indigenous Peoples in our province have been a stark contrast to what people perceive as our

province’s success.”[2]


In more detail, the stated purposes within the Act are:

(a) to hold the government accountable for its responsibilities in respect of reconciliation

by requiring it to commit to the following:

(i) advancing reconciliation through the delivery of its programs and services;

(ii) ensuring that all Government decisions are made in accordance with

reconciliation principles;

(iii) transparently acting on the Calls to Action by establishing and reporting on

specific measures implemented in respect of those actions, and

(b) to ensure that meaningful and honourable consultation, guided by decisions of the

Supreme Court of Canada, is conducted before the enactment of proposed legislation

of general application.[3]


Arcand-Paul explained that the Bill will be the first of its kind to be “developed in consultation and collaboration with Indigenous nations.”[4] This Bill will require the provincial Executive Council (i.e., the premier and cabinet) to “consider reconciliation principles as factors relevant to the making of [a] decisions” before making that decision.[5]


It is time for Alberta to adopt a provincial truth and reconciliation action plan and accountability mechanisms. Without having provincial legislation tied to the TRC’s Calls to Action, there is no way to hold the Alberta government accountable for its responsibilities to implement those Calls to Action. As it stands, even though the province claims that they have “progressed on 20 calls to action,” there is limited evidence of this available, certainly not in a way that is compiled or that could be easily scrutinized.[6] However, one of the requirements of the Bill would be to complete a report each year reporting on “the Government’s progress in respect of achieving the measures set out in the truth and reconciliation action plan.”[7]


So far, there has been “overwhelming support…that this legislation was absolutely necessary.”[8] Three other provinces already have legislation tied to truth and reconciliation.[9] It is time for Alberta to follow suit. As Arcand-Paul puts it, this Bill presents “an opportunity for optimism to creep into the legislature, which often doesn’t arrive, particularly for Indigenous people.”[10] 


We believe that the provincial government needs to do better by Indigenous peoples, and this Bill is an important and necessary step in the right direction. We support the implementation of this Bill and are looking forward to the change it will bring in the provincial decision-making.


ekosi.


The ReconciliACTION Team



Citations

[1] Bill 209, Reconciliation Implementation Act, 1st Sess, 31st Leg, Alberta, 2024 (first reading 4 November 2024) [Bill 209].

[2] Brooks Arcand-Paul, “Opinion: Alberta Needs Reconciliation Legislation, Now,” (6 November 2024) Morinville News, online: <https://morinvillenews.com/2024/11/04/opinion-alberta-needs-reconciliation-legislation-now/>.

[3] Bill 209, supra note 1, s 2.

[4] George Lee, “Private Member’s Bill Introduced Today Aim to Make Life Better For Indigenous Albertans, Sponsor Says,” (5 November 2023) St Albert Gazette, online: <https://www.stalbertgazette.com/beyond-local/private-members-bill-introduced-today-aims-to-make-life-better-for-indigenous-albertans-sponsor-says-9762360> [Lee].

[5]  Supra note 1, s 6.

[6]  Government of Alberta, Reconciliation in Alberta: Overview - Government action towards reconciliation with Indigenous Peoples” (accessed 13 November 2014), online: <https://www.alberta.ca/reconciliation-in-alberta>.

[7] Bill 209, supra, note 1, s 11(1).

[8] Lee, supra, note 4.

[9] Bill 41, Declaration on the Rights of Indigenous Peoples Act, 4th Sess, 41st Leg, British Columbia, 2019; Bill 18, The Path to Reconciliation Act, 5th Sess, 40th Leg, Manitoba, 2016; Bill 21,Truth and Reconciliation Commitment Act – An Act to Implement the Calls to Action of the Truth and Reconciliation Commission of Canada, 1st Sess, 64th Leg, Nova Scotia, 2021.

[10] Lee, supra, note 4.

[Image] Brooks Arcand-Paul, “Indigenous Laws are a Critical Part of Canada’s Legal Landscape,” (21 June 2024), online: <https://nationalmagazine.ca/en-ca/articles/law/rule-of-law/2021/indigenous-laws-a-critical-part-of-canada-s-legal>.


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