By Alexa Powell and Miles Wilkinson (student)
The Legislative Assembly of Alberta is considering a new private member’s bill that, if adopted, would make it the third province, following BC and Manitoba, to enact reconciliation legislation.[1] However, Alberta’s Bill 209, The Reconciliation Implementation Act is unique in that it imposes on MLAs a duty to “meaningfully and adequately consult” before they introduce a bill in the Legislative Assembly that would affect Indigenous Peoples or that is related to one of the Truth and Reconciliation Commission of Canada’s Calls to Action.[2]
On November 4th, NDP MLA Brooks Arcand-Paul sponsored The Reconciliation Implementation Act, to “ensure [that] the Alberta government is truly accountable for advancing reconciliation.”[3] Bill 209 would force the Government to consider reconciliation when adopting new programs and services as well as in all cabinet and statutory decision-making.[4] It would also require the Government to develop a “truth and reconciliation action plan” within three months of the Act coming into force.[5]
Unlike other reconciliation legislation, the new law would mandate that “meaningful and honourable consultation… is conducted before the enactment of proposed legislation of general application” affecting Indigenous Peoples. To satisfy this requirement, an MLA must notify the leadership of all Indigenous Nations that would be affected by the proposed legislation and afford those Nations “reasonable opportunity” to provide their perspective on the proposal.[6] This would be a notable departure from the status quo where, per the Supreme Court of Canada’s ruling in Mikisew Cree First Nation v Canada, “the duty to consult doctrine does not apply to the legislature.”[7]
So far, the legislation has only passed through first reading. And, while the bill has been met “overwhelming support” from Indigenous persons,[8] it seems unlikely it will find the necessary support from Alberta’s UCP Government to become law.
[1] Declaration on the Rights of Indigenous Peoples Act, SBC 2019, C 44; The Path to Reconciliation Act, CCSM, C R30.5; Similar legislation has been proposed, but not enacted in Nova Scotia: Bill 21, Truth and Reconciliation Commitment Act, 1st Sess, 64th GA, 2021, s 1 (first reading 15 Oct. 2021).
[2] Bill 209, Reconciliation Implementation Act, 1st Sess, 31st Leg, Alberta, 2024, s 2 (first reading 4 Nov. 2024) [Bill 209], s 13(1); Truth and Reconciliation Commission of Canada: Calls to Action (2015) online (PDF) < https://ehprnh2mwo3.exactdn.com/wp-content/uploads/2021/01/Calls_to_Action_English2.pdf.
[3] Brooks Arcand-Paul, “Opinion: Alberta Needs Reconciliation Legislation, Now”, Morinville News (6 Nov. 2024) online: <https://morinvillenews.com/2024/11/04/opinion-alberta-needs-reconciliation-legislation-now/>.
[4] Bill 209, ss 5-7.
[5] Bill 209, s 9(1).
[6] Bill 209, s 13.
[7] Mikisew Cree First Nation v Canada (Governor General in Council), 2018 SCC 40 at para 48.
[8] George Lee, “Private Member’s Bill Introduced Today Aims to Make Life Better for Indigenous Albertans, Sponsor Says”, Ponoka News (7 Nov. 2024) online: < https://www.ponokanews.com/news/private-members-bill-introduced-today-aims-to-make-life-better-for-indigenous-albertans-sponsor-says-7635237>.