The members do not like to hear the truth. The history of Liberal legislation over the past several decades shows very clearly the fostering of divisions by the government and previous Liberal governments. They do not like it but they cannot deny it.
What is astounding is that Bill C-14 appears to recognize the right of the Tlicho First Nation to enter into international agreements and, in some cases, to stand in the way of Canada entering into international agreements. The agreement states that it does not limit the authority of the Tlicho to enter into international, national, interprovincial and interterritorial agreements. Further, it requires that the Government of Canada consult with the Tlicho First Nation before Canada enters into an international agreement that may affect the right of the Tlicho government, the Tlicho First Nation or Tlicho citizens. That is very broad and disturbing language and puts a remarkable restriction on the constitutionality reserved for a federal government.
We in the Conservative Party believe that the broad language of the agreement could impede the power of the federal government to enter into international agreements and agreements with the provinces in the event that the Tlicho First Nation were to believe that in some way it could affect its nation or one of its citizens.
We do not need agreements in this country that could be tied up in court challenges on an endless basis, which is why we must be very clear and concise with the language we use. We must do our best to ensure that words like “may, should, could, possibly, perhaps” or “maybe” cannot be applied to the language of the agreement and cause challenges to it. Our obligation to the people of Canada is to ensure that every piece of legislation or agreement that we enter into with the provinces, the first nations or any other peoples or territories do not use terms that cause doubt about the agreement that may lead to challenges on and on in the years to come.
The Conservative Party of Canada looks for agreements that have distinct language and very clear terms that should not be able to be challenged because of broad language that may cause people to believe they can interpret the language for their own terms. We have all the abilities to ensure that agreements are safe and sound and have safety nets within them for all people of Canada.
The electoral system within this agreement causes us great concern. People living in a new Tlicho First Nation government, living within those territories and under that jurisdiction, while they should still be under the jurisdiction of Canada as a whole, because all of the territories, all of the provinces and all of the first nations in our country are all part of Canada, they all must be covered and protected under the Constitution of Canada and under the Charter of Rights and Freedoms of Canada.
It appears to us that this agreement would create what could be described as a racially based electoral system. The agreement creates a category of citizen called Tlicho citizens who are the only people who may be elected as chiefs. Further, 50% of the elected council must be Tlicho citizens. This is arguably counter to our Charter of Rights and Freedoms. We must ensure that anyone living under the jurisdiction of the Tlicho self-government is treated fairly, equitably and in a manner that is governed and overseen by the Constitution of Canada and the Charter of Rights and Freedoms as it applies to every other individual in Canada.
Another point I would like to make is the agreement contains similar languages to what I believe will create a problem down the road. It appears to be giving governing powers within our country which in some respects, and even one is too many, would allow the formation of another country or nation within the Canada. It would have powers that would supersede the powers of the Government of Canada, the Constitution of Canada and the Charter of Rights and Freedoms. We are very dangerously close in the agreement to creating a country within a country as we have been dangerously close on previous agreements.
The Liberals have talked about wanting to unite and have a unified Canada. If there is any doubt they have said that, one only has to look at their attempts in the sponsorship issues going on right now. One only has to see how much money they spent, in many cases under suspicion, but that is another story. They talked about how important it was to have a total Canada, including Quebec and including every people in this country, no matter from where they came, Canadian citizens or landed immigrants, a Canada that was unified. We are in danger once again, as we have been on past agreements dealing with first nations. The terms of the agreements gave rise to fear that we could be creating a country within a country, enclaves within a country, apartheid, a partition, because of the lack of common sense and the use of broad language in the agreements that we have entered into.
When I believe a divisive type of legislation is being applied to people of the country, I am very happy to say that I have had the opportunity to speak against it. This is another example to which I am proud to speak.
The agreement is jurisdictionally confusing as well. I just talked about this. The agreement describes three different hierarchies to determine which legislation is paramount in the event of conflict: the federal legislation, the territorial legislation, Tlicho laws or the agreement. It is not clear that the Tlicho citizens will have the benefits of protection under Canada's Charter of Rights and Freedoms in the even of conflict with the Tlicho constitution.
It just amazes me how the government could allow such open-ended language in such an important document. We are trying to create a self-governing environment for the Tlicho nation, one that will give it the confidence that it can do some long terms planning and one that will give Canadians confidence that the issue will now be settled. It will be one that we will not be looking at over and over again as we go down the road into the future. It will be one that we will not be faced with constant challenges and confusion about who has the authority.
Canada has the authority. Canada is the federal authority to run the country. It creates laws. It delegates authority to provinces and to territories. Authority that the federal government delegates away must be an authority that is good for all Canadians and good for the agreement. It should not give rise to questions in the future.
I remember speaking to the dangers of Bill C-68, the infamous gun registration bill, when it came into the House in 1995. I asked then justice minister, Allan Rock, if he would tell Canadians whether Bill C-68 and the regulations contained therein would apply to every single Canadian. It was a simple question. We had been hearing from the Liberals for several weeks that Bill C-68 was a law for all Canadians and everyone would be included under the regulations. New parliamentarians in the House will hear the following type of responses from ministers. The justice minister said, “Bill C-68 is universal in its application”. That was okay because it would apply to everybody. He then said, and it is in Hansard , that it would be “flexible in its implementation”. In other words, it would apply to everyone but it really would not.
Bill C-14 is proof positive that we were getting double talk back in the days of Bill C-68. The agreement specifically gives the Tlicho first nation authority and power to make its own laws over firearms and ammunition. Therein is the comment the minister made back then, “flexible in its implementation”. It never was meant to apply to everyone. Time and time again we have seen the government delegate authority to first nations to govern their own firearms and ammunition regulations.
Bill C-68 then becomes what could be called race-based legislation because it applied to one group of Canadians but not to another. That is very dangerous. Why would we want to foster divisions rather than promote unity? Every Canadian is as valuable and equal to every other Canadian and should be treated the same under the same laws and under the same Constitution and Charter of Rights.
The Conservative Party of Canada believes that self-government must occur within the Constitution of Canada, but it must have a finality to it, it must have clear language and it must have absolute terms. We cannot have terms in broad language that would lead to interpretations down the road once the agreement was signed.
To ensure fairness and equality, a Conservative government would ensure that the principles of the Charter of Rights applied to aboriginal self-government. The least we can do for our first nations people in Canada is give them equality, protection under the Charter of Rights and the Constitution and assure them, by signing agreements with them, that they are equal and as valuable as any other citizen in the country. We are a unified Canada, not one where divisions are fostered by a government.