Bill C-28 (Historical)

An Act to amend the Cree-Naskapi (of Quebec) Act

This enactment amends the Cree-Naskapi (of Quebec) Act, in respect of Cree bands and Category IA land,
(a) to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and
(b) to recognize the Crees of Oujé-Bougoumou as a separate band and a local government under that Act.

Opposition Motion--Business of the House

[Jay Hill, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am very pleased to speak to the opposition day motion moved by the hon. member for Wascana, the Liberal House leader.

The motion recognizes the role of the House in ensuring government accountability. As we know, that is the primary function of Parliament in our Westminster system.

More specifically, the motion at hand calls for three things: first, that the Standing Orders of the House be changed with respect to the scheduling of allotted days this fall; second, that the House calendar be altered to accommodate the G20 meetings in September; and third, that the government table an additional report on the implementation of the 2009 budget.

I will touch on these three points very briefly, as it is the government's intention to support the motion. I will devote the remainder of my remarks to a more general discourse on the successful functioning of Parliament and my experiences of this past session.

The opposition day motion provides for a change to the rules of Parliament with regard to how the government may allocate opposition days this fall. Since coming to office in 2006, as a general rule our government has always tried to evenly distribute the opposition days in the parliamentary calendar. In certain circumstances we recognize that legislative priorities can force a deviation from this practice. However, we do support the idea of amending the Standing Orders to ensure that this usual practice becomes a rule.

The second provision of today's opposition day motion provides for a change to the House calendar for the fall of 2009. Under this provision the House would open a week earlier than currently scheduled and it would then adjourn for the week of September 21. This will enable the government to focus on the G20 meetings in Pittsburgh, Pennsylvania on September 24 and 25.

The G20 is the chief forum for the world leaders, as a group, to address issues resulting from the global economic crisis, and Canada has played an active and important role in these discussions. At the fall G20 meetings, the Prime Minister and other world leaders will discuss progress in promoting economic recovery and they will consider new ways to address global economic and financial challenges.

I think we can all agree that there is no more pressing issue before Parliament than dealing with the global economic downturn, which has caused personal hardship and job loss around the world. Unfortunately, as we all know, Canada has not been immune.

Our legislative program of this past session has reflected that the economy is the number one issue for Canadians. As such, I am pleased to support a motion that permits the Government of Canada to give its undivided attention to the critical economic discussions that will be taking place at the G20 summit in September.

The third provision of today's opposition motion requests that the government table an additional report on the implementation of the 2009 budget. In the face of global economic uncertainty, this government presented a budget in January with a comprehensive economic action plan to stimulate economic growth, restore confidence and support Canadians and their families during this global recession.

This economic recovery program is unprecedented in our history, and it is working. Canada was the last group of seven country to enter recession and the International Monetary Fund expects that we will have the strongest recovery coming out of it.

The government has also taken unprecedented steps in reporting on our economic action plan. We tabled an initial budget report in March. A week ago we tabled a second budget report, which outlines how 80% of the measures in our economic action plan are already being implemented. This government welcomes the opportunity provided by today's opposition day motion to table a third budget report in September. In fact, we committed to such a report in our budget presentation earlier this past winter.

The Minister of Finance announced at the time that he would be tabling an economic report in the fall. This being the case, I commend the official opposition for echoing the government's pre-existing intention and commitment to provide quarterly reports on the economy in and through the House to all Canadians. As we debate this today, I think it is important to remember that the government was already committed to providing that report in September.

As all members in the House know, the last few weeks have not been easy in this place. In fact they have not been easy on Canadians from coast to coast to coast. During this time of economic challenge, Canadians did not want to hear about the possibility of an election. Canadians want us to continue to work to achieve results for them. They know we cannot afford an election, which would put Canada's economic recovery at risk, halt stimulus investment across the country and limit our ability to continue to implement our economic action plan for Canadians.

By avoiding an election, we have enabled the government to continue its course of doing everything possible to turn this global recession around on our own soil. The cooperation we have seen emerge over this week, spearheaded by our Prime Minister, has not only avoided a costly and unwanted election but has clearly demonstrated to Canadians that their Parliament can work for them.

Despite the partisan political drama played out during the daily 45 minutes of question period, Canadians may be surprised to know just how cooperative and productive this past session of Parliament has been. Since January, our government has worked with all opposition parties to advance many important bills that will help Canadian families. We have moved forward on our electoral commitments, and I am pleased that much more has been done.

Since January, the government has introduced a total of 54 bills. By the time the Senate adjourns for the summer next week, I expect we will have royal assent on 26 of those bills, including such important legislative initiatives as Bill C-33, which will restore war veterans' allowances to allied veterans and their families; Bill C-29, to guarantee an estimated $1 billion in loans over the next five years to Canadian farm families and co-operatives; Bill C-3, to promote the economic development of Canada's north; Bill C-28, to increase the governance capacity of first nations in Canada; and Bill C-14, a critically important justice bill to fight the scourge of organized crime.

Although much work has been accomplished, a good number of bills that continue to be priorities of our government remain on the order paper, including Bill C-6, to enact Canada's consumer product safety act to help protect the health and safety of all Canadians; Bill C-8, to provide first nations women on reserve with the same rights and protections enjoyed by all other Canadians; and Bill C-23, to open new doors for trade between Canada and Colombia.

Furthermore, our government has continued to demonstrate an unwavering commitment to fighting crime and violence in this country. Our justice minister, the hon. member for Niagara Falls, has been unrelenting in his determination to hold criminals accountable and protect victims and law-abiding Canadian citizens.

Over a dozen justice related bills have been introduced since the beginning of this parliamentary session, which include Bill C-15, Bill C-26 and Bill S-4, to help fight crimes related to criminal organizations, such as drug-related offences, identity theft and auto theft; Bill C-25, which will return truth in sentencing and eliminate the two for one credit; Bill C-36, which will repeal the faint hope clause, and Bill C-19, the new anti-terrorism bill.

Unfortunately none of these bills have completed the legislative process during this session of Parliament. Again, due to the leadership of our Prime Minister, thankfully our country will not be plunged into an election and these bills will remain on the order paper. We hope to pass them into law in the fall.

I look forward to continuing the spirit of cooperation in this place in September to accomplish this unfinished business for all Canadians. Five of these bills have already passed one chamber of Parliament and they are before the second House for consideration. On behalf of vulnerable Canadians in particular, we have to keep moving to get the job done on this important legislation.

In closing, I am pleased that the government has been able to develop today's opposition day motion in cooperation with the official opposition. This House of Commons should more often focus on what all of us have in common rather than what divides us. While I would have liked to have seen some debate on some of our newer bills that we have just introduced and passed more of our justice and safety bills, this parliamentary sitting is winding down in the age-old Canadian tradition of compromise.

We all know that this place is about debate, trade-offs, negotiations and compromise. This is how Parliament works. This is how our very country was born, has grown and continues to develop and flourish.

As I have already indicated, the government will be supporting today's motion. I again salute our Prime Minister for his leadership in staving off an election, which I think would be dreaded by the vast majority of Canadians.

Mr. Speaker, I wish you, and all colleagues in this House, a very happy summer.

Royal Assent

[The Deputy Speaker, Conservative, Andrew Scheer]

Order, please. I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

June 11, 2009

Mr. Speaker:

I have the honour to inform you that the Honourable Rosalie Silberman Abella, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 11th day of June, 2009 at 3:56 p.m.

Yours sincerely,

Sheila-Marie Cook

Secretary to the Governor General and Herald Chancellor

The schedule indicates the bills assented to were Bill S-2, An Act to amend the Customs Act; Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act; and Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.

Cree-Naskapi (of Quebec) Act

[Paul Szabo, Liberal, Mississauga South, ON]

Mr. Speaker, although the bill is not controversial and should get the support of the House at third reading, the subject matter seems to have drifted to the obligations of the Government of Canada with regard to first nation issues.

I want to ask the member about the minister's opinion on the actions taken by his ministry with regard to Bill C-8 and the representations he made in his speech to this place, that he consulted widely and had taken all the necessary steps to engage first nation communities. In fact, I refer to statements about the fact that the Supreme Court of Canada recognized the federal government was required to consult, accommodate and obtain first nations' consent when it contemplated action that could affect first nation, aboriginal or treaty rights.

Even some of the questions that we have seen at question period, again, seem to deny the fact that there was no consultation in the form that was required, that informed consent was not there, that the accommodation was not there.

What assurances or what comfort level does the member have that the government in fact has appropriately consulted with these communities with regard to the important changes to the act under Bill C-28?

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I am honoured to speak today to this bill that recognizes the rights of the James Bay Cree of Quebec and would set in place a framework to move forward. It is one of those few occasions where we see all members of Parliament working together for a result that is needed and that can actually set a standard to move forward.

I would like to begin this afternoon by placing this agreement in terms of the context so we have a real understanding of what it is we are talking about. As much as we support the bill and recognize the importance of the bill, we need to put it in terms of the overall failure of the federal government to put in place similar agreements elsewhere. We go back to the 1970s, the time when the James Bay projects were first being enacted in the province of Quebec. I think my colleagues from Quebec will agree that at that time the understanding of first nation relations was very different.

When I worked in the region of Abitibi, I remember people talking about how the first nations were for many years considered squatters on their land. The idea of developing projects, whether it was hydroelectric projects, forestry projects or mining projects, they were never done in consultation with the first nation communities affected. In fact, this has been a situation that has gone on right across Canada. Even last year we saw the McGuinty government in Ontario jailing leaders of a first nation community who were trying to lay down some basic ground rules about consultations in their community.

The James Bay agreement stemmed out of what started as the James Bay Cree fighting to be recognized on their own territory and to say that if there were to be development, they would be at the table. If there were to be benefits, they wanted their people to see some of those benefits because they would be the ones living with the long term effects of the massive hydro developments being proposed at that time by the Bourassa government.

The James Bay agreement originally came into place because the province of Quebec recognized at a certain point that it would not be able to go ahead with development without a framework agreement in place with the James Bay Cree. There was too much international pressure. The Cree, Billy Diamond, Matthew Coon Comb, the whole leadership of that period, mounted such an amazing international fight that Quebec came to the table and, because Quebec came to the table, they said that the federal government had to come to the table as well.

We do not see the federal government going out and settling land issues. It is not in the business of doing that. Time and time again, it dodges its obligations. It has refused to meet with first nations communities on the most basic issues. In terms of the initial James Bay agreement, it was because Quebec recognized that if it were to get hydroelectric development off the ground it would need to have an agreement and to have an agreement there needed to be a provincial and federal détente.

The original James Bay agreement set the framework for the Cree of James Bay of Quebec to actually begin to participate in the 20th and 21st century economy and to set a standard in place that every first nation across this country has looked to. The idea of revenue sharing agreements used to be seen as revolutionary and now it is what first nations recognize is needed to go forward.

I would like to compare the situation of the original James Bay Cree agreement, the Paix des Braves, with the bill we are looking at today, Bill C-28, in terms of the development of treaties on the ground and the success of the James Bay Cree, but compare it to the difficulties being faced by other first nation communities that are also trying to establish agreements.

I represent the James Bay region of Ontario and we could not see a starker contrast in terms of first nations development between the James Bay communities of Ontario and the James Bay communities of Quebec where both the federal government and provincial government in Ontario consistently walked away from basic obligations for infrastructure, education and health services that have left the communities in levels of poverty that most Canadians would not believe exist, but on the James Bay of Ontario it is all too often the daily occurrence.

I had the distinct pleasure in a past life to travel along the James Bay coast of Quebec where I saw proper roads, proper houses built and the people were part of the economy. This is not to underplay any of the problems that may exist on the James Bay coast of Quebec but to say that we have a very distinct situation in Ontario.

In my role as a member of Parliament, I took part in the Treaty 9 centenary that was happening across the great territory of the Nishnawbe Aski Nation, which is part of the region I represent. It has been 100 years since the signing of the treaty.

Being in communities such as Martin River, Fort Albany, Kashechewan and Moose Factory, I got a very different view of what those treaties meant than the politicians who were coming in to so-called celebrate it. In many of the communities I went to, people said there was not really much to celebrate in the fact that they signed off their land in good faith, to work as partners, to develop and to give their people a chance. The white commissioners at that time saw the treaties as a way of taking the land and putting the communities onto these pitiful reservations.

There is a difference in how the people talk about the treaties. It is clear that once the federal government signed the treaty, and in fact the province of Ontario signed Treaty 9 as well, as far as it was concerned it was finished with its obligations. It walked away on these communities. In the first nations communities, they still talk about what the treaties meant.

Let us look at the historical records of Treaty 9 communities, such as the Mushkego Cree of James Bay, Ontario. One of the reasons they signed the treaty was because they recognized that with the pressures on the change of life, with the Hudson's Bay factors who had lorded over the land for many years, there was a change coming. They were worried about the future of their children.

One of the key things they talked about in agreeing to sign that treaty was that they wanted their children educated. They would make the agreement to share their land, but they wanted their children to have proper schools. We know that the federal government never lived up to that obligation. In fact, it brought in a system of residential schools, not just on the James Bay coast but all across the territory, that inflicted massive generational wounds on these communities.

Even to this day, in my region of Timmins--James Bay, we have two communities with no schools. There seems to be no plan for schools from the government. There seems to be no awareness by the government of a need to build schools. We see that the treaties that were signed were broken.

Having worked as a land negotiator with the Algonquin Nation, I learned very quickly that the word of the federal government often meant very little when it signed an agreement. It signed an agreement as long as the media lights were on and the ink was still wet on the page, but then when it left, whatever agreements a community may have had, the federal government said, “Take us to court”. Of course the communities are too poor to take it to court.

I was working in the community of Barriere Lake after it signed an agreement with the federal government in 1998 to rebuild the community. I was there five or six years later and not a single new dwelling had been built, even though we had an agreement on paper, signed by the federal government, to work with the community to bring it out of its horrific levels of poverty in Barriere Lake.

I sat in on a meeting in November 2005 with the minister of Indian affairs and all the top bureaucrats from Indian affairs to sign an agreement to build a new community for the crisis-ridden community of Kashechewan. I remember that when we were signing that agreement, it was vague, that the verbal agreements that we had been given by the minister and by the senior Indian affairs department heads were not on paper. They had made promises to work and rebuild the community, but none of the commitments we had in terms of moving to higher ground, of a timeline, of how many houses would be part of a movement to get that crisis-ridden community off a flood plain, were in the agreement.

We were told by the Indian affairs senior administration that it would be a sign of good faith and trust to just sign the agreement. Here we had a community that had been evacuated three times in one year because of a failure of infrastructure, because of the crisis that the community had been put through by the mismanagement of their land and their infrastructure by the federal government.

The community was in a desperate situation and they signed that agreement, just as so many first nation communities have signed agreements over the years, in the best of faith. They believed that when the people sitting across the table from them, who represented the Crown, who represented the federal Government of Canada, said that they would follow through, they would mean it. The fact that everything was not spelled out in the agreement was not a problem because they told the community to its face that the agreement would be respected.

The results are clear. Less than a year later we had the government standing and saying there never was an agreement and there never was money set aside for the community of Kashechewan, there was no plan and this was all somehow a figment of people's imaginations and we misinterpreted what was said at the meeting even though we were there with the senior representatives, the senior civil servants of this country in terms of Indian affairs, and the minister and the senior political staff.

We can see the frustration that exists in communities that take the federal government at its word when it comes to negotiating agreements. The failure of the government to live up to basic standards is evidenced for example going back to the community of Kashechewan.

Just a year and a half ago we had two young men, Jamie Goodwin and Ricardo Wesley, who burned to death in a shack. That shack just happened to be a police station. It was a police station because there was no adequate police service facilities in the community of Kashechewan and there were no fire services in the community of Kashechewan. The Nishnawbe-Aski Police had been warning for years that unless the agreement that existed to fund first nation police services was addressed that someone would be hurt, someone would die, perhaps a citizen in a community where there was no police service, perhaps a police officer in an isolated community who had no backup.

Unfortunately, in Kashechewan, it was the case of two young men who were not criminals. They were just young and rambunctious and they caught in a jail cell that should not have been used as a jail cell anywhere else in the western world, and they burned to death.

I was in that jail before those men died. I was there with the Ontario minister of public safety and security and we showed him this building that looked like a crackshack in a war zone. We told him that this is what police officers are having to make do with and something should done.

We spoke in the House of Commons about the need to have agreements in place. It comes back to the issue of being at the table and signing agreements. In terms of police services, it is the federal government and the provincial government that sign these agreements with, for example, the Nishnawbe-Aski Police Services or with health services. Then, both the federal government and the provincial government walk away on those commitments, and the communities are left suffering.

The fire inquest has just finished in Ontario. The recommendations are damning. They are recommendations that we would have seen in any non-native community 40 or 50 years ago in terms of basic standards that have to be in place. For example, we need fire suppression, we need water sprinklers in any building, we need proper facilities, and we need proper funding for police services in these communities. The issue then becomes that agreements are signed but they are not signed in good faith, not by the federal government, very rarely.

I would like to say in the case of Bill C-28, we have an agreement that works. I think we have that agreement because it was the Grand Council of the Crees who fought for so long and said, “This is our territory. When development happens on our territory, it will happen with our consent and unless they have our consent there will be no moving forward”. There was a very clear initial hard line. All the communities worked together to maintain that line. It brought the province of Quebec to the table and then brought the federal government to the table.

I would like to think that it does not take a hard line to get other agreements in place. However, I wonder some days. I wonder when we see the recent report by the parliamentary budget officer and the shameful lack of standards for first nations schools. Again, we talk about agreements that are made and agreements that are broken, and they are casually broken.

In the community of Attawapiskat, which was the impetus that drove the study to get Mr. Page to look at the funding, it is a community that has been poisoned for 30 years. It is a community where children have been at risk, children who now are starting to show signs of leukemia, having gone to school on the largest diesel contaminated site in North American history. That is where their school grounds are. They have been exposed on a daily basis to low levels of benzenes and methylethylenes, blowing up from the dust on the school grounds. That is a community that had negotiated.

Again, we are talking about a community that sat at the table and negotiated in good faith, that had done all the studies that were asked of them, that did all the reports that were asked of them, and that had signed commitments from regional Indian affairs bureaucrats in Thunder Bay, in Toronto, and all the way up to the minister's office, Robert Nault. He came to the community in July 2000 and committed that there will be a school there. Minister Andy Scott in November of 2005 sat with the senior bureaucrats and said, “Make this happen”. The former minister of Indian Affairs, who is a Conservative cabinet minister now, wrote a letter to the community and said, “I will support this plan at Treasury Board”.

If we were in business with someone who signed these kinds of agreements and then breached them, we would take them to court. We would have a reason and we would win in court. When someone makes those kinds of verbal and written commitments, works with a partner step by step along the way and then at the eleventh hour pulls out of negotiations, walks away and says there never was a deal, that person would be taken to court. Yet, first nations are left high and dry.

It is a question of the need to make a commitment to communities that is not arbitrary, erratic or based on whether ministers decide they are going to spend the money some place else. Maybe they are going to move it back to Treasury Board, maybe they are going to take money from a specific funding envelope for schools and spend it elsewhere. This is what the Parliamentary Budget Officer has shown us very clearly, that the standards at Indian Affairs are erratic, random and not measurable by any standard.

As a former school board trustee, I was always shocked when I tried to get a straight answer out of Indian Affairs about its planning methodologies. It was making them up as it went along. Instead of having bureaucrats who could answer, I was dealing with spin doctors.

The civil service exists to protect the public interest and make sure that money taken from the taxpayers of Canada by the government is spent wisely. The role of the civil servant is not to cover the rear end of ministers based on whatever arbitrary political decision they make on a given day. Yet, this is what we see with Indian Affairs all the time. It raises the question of the federal government needing to take seriously on an across-Canada basis a willingness to negotiate in good faith and to tell first nations communities that it when it makes a plan, the plan will be transparent.

There is kind of a sick joke for people who work in first nation communities where the federal government always says to any first nation, “You have to be accountable. You have to be transparent. We want to see your books. You can't monkey around with your numbers. You have to be able to show how you are spending that money”. Well, all first nation communities do that. If they do not, someone takes control of their finances immediately.

Yet, Indian Affairs officials do not subject themselves to any of the same kinds of clear criteria, such as ring-fencing on line items so that funding envelopes cannot be pilfered and spent elsewhere. These are clear obligations. First nations cannot move that spending around. A school board cannot move the funding envelopes around. A municipality cannot go to the local school board and say, “We are not building schools for you this year because we are going to build some roads with it and give a tax cut to our constituents because it is an election year”. That cannot happen. That would be illegal under the provincial systems of government and, of course, it should be. Yet, at the federal level, that is the way business is done on first nations territory.

We are looking at an agreement that should be a model, an agreement that was made with a number of communities in the James Bay region of Quebec that drew a line in the sand and said, “There will be a standard of how you work with us, how you consult with us, how you develop our territory, and we will be part of that”.

I am very proud to work with all the parties in the House to make sure this bill gets through and that this agreement comes into force. However, the standard of trust and respect has to become part of the federal government mantra in order to develop all our first nation communities because the greatest resource we have in our lands and the territory north of 50 is not forestry, not hydro, not the gold nor the diamonds. It is the young people and the children living on reserves who are often treated as completely neglected backwater. The failure of the government to plan and work with communities to develop the resource of these children, these young people, and these growing communities is a staggering loss for today, for tomorrow, and for what our country could become.

I would hope that the spirit of Bill C-28 will help move us forward and all our communities.

[Yvon Lévesque, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, I want to congratulate my colleague from the NDP, who is also my neighbour on the Standing Committee on Aboriginal Affairs and Northern Development. I want to congratulate her too on her French. I used to be able to say anything at all about her so long as it was in French, but I cannot do that any more. She has learned a lot from the James Bay Cree. If we look at what has been happening in Vancouver since she found out about the Cree, first nations issues have been settled much more easily. She can use Quebec’s experience with the first nations and apply it to British Columbia. The parliamentary secretary realized this and was actually quite happy about it, given the way he reacts when our colleague stands and speaks in the House.

I am very proud of the determination and pride of the Quebec Cree. I cannot speak for the Cree of Ontario or other provinces because, apart from the witnesses who appear before us in committee, I have not had much opportunity to talk to them. Generally speaking, though, the Cree rely a lot on the comprehension and understanding shown by the members of the Standing Committee on Aboriginal Affairs and Northern Development when they come to see us and try to make us grasp their problems and view of things, which is not necessarily our own.

For example, in regard to Bill C-28 before us today, we should not forget that the James Bay and Northern Quebec Agreement has been in negotiation since 1973. Negotiations started as far back as 1973, under René Lévesque, in connection with the James Bay power project. After the project was developed on their lands, the Cree decided to claim some of the benefits. We well remember how hard they had to fight, even going to New York, if I remember correctly, to assert their rights.

Bill C-28 arose pursuant to the promises Canada made in the subsequent agreements. Its purpose is to implement these promises: the James Bay and Northern Quebec Agreement, signed in 1975; the 1992 Oujé-Bougoumou/Canada Agreement, in which Canada promised to remedy the failure to include the Cree of Oujé-Bougoumou in the James Bay and Northern Quebec Agreement; the Cree and Naskapi legislation; and the 2008 Agreement concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, which reaffirmed the promise to give the Cree Regional Authority greater governance powers over the development of the James Bay Cree. I am very happy for the chief of Oujé-Bougoumou, whom I hold in high esteem. She is a very nice lady who has now become a very great lady.

As I just said, the James Bay and Northern Quebec Agreement has been in negotiation since 1973. It comes from the Eeyou Istchee Cree, which translates as the land of the Cree of James Bay, Quebec. The association of Inuit of New Quebec entered into negotiations with the Government of Quebec, the federal government, Hydro-Québec and the James Bay energy corporation. At that point, they focused on the regions and the people in them, recognizing and protecting certain rights and benefits. The negotiations concluded with the signing in 1975 of the James Bay agreement, the first comprehensive land claim agreement in Canada, which today is protected under the Constitution as a modern treaty, pursuant to section 35 of the Constitution Act, 1982. In this agreement, the Cree gave up, transferred and dropped all claims, rights, titles and native interests to and in the lands in the area and in Quebec in exchange for clearly defined rights and benefits.

The James Bay and Northern Quebec Agreement recognized eight bands. This land regime defined three categories of land. I will not enumerate them. In the 1975 agreement, with Oujé-Bougoumou not yet a reserve or even a recognized band, it had to fight until 1992 for recognition and to obtain its own village.

The current agreement comes under the heading of local administration. The Cree-Naskapi (of Quebec) Act establishes the eight bands as corporations recognized by the James Bay and Northern Quebec Agreement and establishes their powers in the following areas—making bylaws with respect to category IA lands under section 45; regulation of buildings for the protection of public safety; health and hygiene; public order and safety; the protection of the environment; the prevention of pollution; the taxation for local purposes of a broad range of local services; roads, traffic and transportation; the operation of businesses and the carrying on of trades; and parks and recreation.

Other sections concern band financial administration, residence, access and other rights on category IA lands, the disposition of interests in these lands, and policing.

Bill C-28 provides amendments for each of these parties, thus giving considerable autonomy. Unfortunately, it is not yet complete, but it is the most progressive in Canada at the moment. I offer the example of an agreement signed not so long ago with a first nations band from my colleague's area, which was also granted autonomy. It was obtained through negotiation, consultation and agreements.

I was listening to the parliamentary secretary reminding us of Bill C-8. The government consulted some people, including women and the Assembly of First Nations. When this bill was introduced, we understood that the Assembly of First Nations acknowledged being consulted. The Native Women's Association of Canada, the Assembly of First Nations of Quebec and Labrador and Quebec Native Women also acknowledged being consulted. However, that is where the existing agreement between the department and these associations representing first nations stops. Consulting and taking nothing from the consultation contributes nothing.

This is why the first nations of Canada and of Quebec have spoken out against Bill C-8, as they did against C-44 and C-21, and as they will continue to do just as long as we do not recognize the philosophy and way of life, the culture and the needs of all first nations. When they ask for something in consultations, it is not enough just to listen but do nothing. Their needs must be taken into consideration. They are persons just as we are persons. Many more agreements can be reached, and I am proud of this for the James Bay Cree.

In committee, after our discussions, unanimity was reached on this bill with the exception of one minor change proposed by the government, which was to adapt the English version to the French in a certain clause, because the French definition was more accurate than the English.

The bill received unanimous support and I sincerely hope that the House will also support it when it comes time to vote. For its part, the Bloc Québécois supports the first nations, as it always has, for that matter.

The Bloc Québécois has made it our duty to support the first nations across Canada, not just in Quebec. We know that the first nations of Canada in general have experienced more or less the same difficulties, and the Bloc Québécois recognizes the aboriginal peoples as distinct peoples with the right to their culture, their language, their customs and traditions, as well as the right to direct the development of that unique identity themselves.

In so doing, it is respecting the direction taken by René Lévesque, a staunch defender of aboriginal peoples, who made Quebec the first government in America to recognize the aboriginal nations in its midst.

Bill C-28 is in fact the extension of the James Bay and Northern Quebec Agreement and of the Paix des Braves, which was signed under Bernard Landry and the Parti Québécois. Bill C-28 enables the federal government to fulfill its obligations to the Cree-Naskapi.

In 2004, the leader of the Bloc Québécois said the following:

The Paix des Braves ratified by the Government of Quebec and representatives of the Cree Nation has paved the way for these kinds of negotiations and demonstrated that major development projects have to be negotiated with mutual interests in mind. The Bloc Québécois supports the first nations in their fight for emancipation. That is why we are asking Ottawa to follow this example to negotiate a similar agreement with Cree Nation representatives.

In its 2008 report, the Cree-Naskapi Commission identified the negative outcome of the federal government's failure to respect the James Bay and Northern Quebec agreement:

Consequently, the full potential of local self-government, with its dynamic and evolving nature, has not yet been realized nor achieved by the Cree and Naskapi First Nations because, as one principal constraint, the Cree-Naskapi (of Quebec) Act, after twenty-four (24) years, remains an inflexible, rigid instrument which has not yet been reviewed by Canada, the Cree and Naskapi for the purposes of determining appropriate amendments to enhance and improve Cree and Naskapi local government.

The commission issued a series of recommendations that I will not get into now because most of their demands have been acknowledged in this bill. That is the big difference between this bill and Bill C-8, which we will soon be debating.

I was listening to the member for Saint Boniface earlier, and she was saying that the government had held extensive consultations. That is true, but the extent of the negotiations has little to do with whether the government understood the demands put forward during the consultations. I would like the government to understand that. We could avoid all kinds of futile, useless discussions and debates if only we really listened to the people we were talking to.

I will end on that note. I really hope that all parties in the House will support this bill so that it can make its way to the Senate quickly.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I want to congratulate the member for Winnipeg North on having an initiative around flavoured cigarillos adopted by the government. That is an example of how we can work together on issues.

With regard to Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act, the difference between that bill and Bill C-8 is stark. With Bill C-28, the parties were at the table right from the outset. They had the Cree Nations and the Ouje-Bougoumou at the table along with the Department of Justice as the legislation was being drafted.

We know that did not happen with Bill C-8. There was a very tight timeframe for the Assembly of First Nations and the Native Women's Association to start a process. We discovered in hearing back from them that the process could not get to consultation because there was so much education that needed to happen. There was an education awareness process that took place with the Native Women's Association and the Assembly of First Nations. They did not get to the consultation process.

With the ministerial representative's report, which is very thick, her recommendations were largely disregarded. I quoted from her report in my speech around the elements of consultation she thought were important to truly get the kind of legislation that reflected the needs in the community.

As the member for Winnipeg North pointed out, this is often stated as the New Democrats being against women's rights. I would argue we are advocating strongly that whatever legislation comes forward actually protects women's rights and that we do not get a flawed piece of legislation like we have from the 1985 Bill C-31, which is now seeing people lose their status. We want a piece of legislation that reflects the needs of those communities, the women and their children.

[Judy Wasylycia-Leis, NDP, Winnipeg North, MB]

Mr. Speaker, I am pleased to have the opportunity to ask my colleague, who has worked so hard on this file, a question. This is further to the parliamentary secretary's question about the difference between the approaches with respect to Bill C-28 and that of Bill C-8, which has caused a lot of discussion in this place and a lot of controversy.

Unfortunately, because it is our understanding that proper consultation with respect to Bill C-8 was not done and that there is this differing viewpoint between the Assembly of First Nations and the government and between the Native Women's Association and the government, and because the government tends to interpret any opposition to Bill C-8 as being anti-women or anti-equality, I think we do need some clarification on the different processes that were applied. Where did the government fell amiss in terms of Bill C-8 and why it was successful with respect to Bill C-28?

[John Duncan, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development]

Mr. Speaker, I listened to the speech of the NDP aboriginal affairs critic with interest.

During questions and comments we heard the member talk about the process that was used for Bill C-28, the Cree-Naskapi act, in terms of consultation and so on. We also heard very similar comments from the opposition parties in terms of how Bill C-5, An Act to amend the Indian Oil and Gas Act was developed. That Act received royal assent in the last two weeks.

I would like to point out that Bill C-8, which is the bill dealing with matrimonial property issues, was also developed in a very consultative approach. The drafting of the bill was done with two major national aboriginal organizations very much participating; that would be the Assembly of First Nations and the Native Women's Association of Canada. Therefore, it is not a case of black and white on consultation or no consultation. This is a very difficult area when we have 630 first nations across the country.

I would like to invite the member to comment on this.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I want to thank the member for Sault Ste. Marie for his tireless work on raising the issues around poverty in this country and talking about potential solutions. He literally has been coast to coast to coast to talk to people, gather their input and their feedback and propose solutions. I want to honour him for the work he has done.

With regard to Bill C-28, previously when I rose in the House and spoke on the bill, the minister was surprised that I was saying something nice about the Conservative government. In this particular case the government did come to the table in good faith, and it worked with the Cree nations to come up with this piece of legislation.

Again, this is a model that could be used. It is a model where all the parties were at the table right from the outset. It was model where the Cree nations felt heard, their input was respected and the legislation in their view reflected the changes they wanted to see.

Hopefully, this goodwill continues and the next series of amendments, which are long overdue, will come forward in that very same spirit.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I too am rising in support of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act. New Democrats very strongly support this important legislation.

I want to provide a bit of background because the amendment has been in the works for a number of years. There is a long history around the Cree Naskapi in Quebec. The James Bay and Northern Québec Agreement was signed in 1975 and was Canada's first modern land claims settlement. However, this settlement was an outstanding Cree and Inuit claim to aboriginal rights and titles dating back to the 1800s. The agreement should have been signed a century or more before, but it took from some time in the 1800s until 1975 to have an agreement put in place.

I am from British Columbia and although some land claims agreements have been signed, many nations there are still without those kinds of agreements. Something has been put in place in British Columbia called the common table and roughly 60 nations have signed on to the unity protocol. If we can have the kind of movement on treaties and land claims that we have seen around the amendments to the Cree-Naskapi Act, that would be a welcome opportunity in B.C.

As to the history around this agreement, in 1975, when the province of Quebec announced its intention to develop the hydroelectric potential in the James Bay region, the commitment to recognize Cree and Inuit rights had not yet been fulfilled by the federal and provincial governments. Court injunctions were put in place in order to push back on the fact that the Cree and Inuit had not been consulted. Ultimately, it culminated in the James Bay and Northern Québec Agreement, but that agreement was negotiated without any implementation plan. It continued for many more years.

I want to read from the testimony that was provided to the committee by the Grand Council of the Crees. In its testimony it highlighted some of the events that took place. It said:

The Cree-Naskapi (of Quebec) Act was passed by Parliament in 1984 after several years of discussion between the parties and consultations with the Cree communities and the Naskapi Band. With great difficulty, a new funding regime was eventually put in place by Canada that was compatible with the assumption by the Cree communities of new responsibilities in respect to the planning priorities for their development and administration.

After adoption of the act, and to the present day, the Grand Council of the Crees of Quebec/Cree Regional Authority has acted as a forum for the concerted implementation of the act. It also continues to be the guarantor and protector of Cree rights. While the act opened the door for the assumption by the Cree communities of certain responsibilities concerning their development, there were still many aspects of the James Bay and Northern Quebec Agreement that had not been properly implemented by Quebec and Canada.

It was the announcement by Quebec of its intention to build further hydroelectric development projects in the territory—and particularly the Great Whale hydroelectric project—that sparked the Crees in 1989 to take out a comprehensive court action that sought to stop the proposed developments and also sought the implementation of those numerous aspects of the James Bay and Northern Quebec Agreement that had not been implemented by Canada and Quebec.

We can see there was a very lengthy, convoluted, litigious process put in place.

It goes on to say:

When Canada and the Crees entered into out-of-court discussions from 2005 to 2008, this model of devolving to the Crees the planning and setting of priorities for the certain of the obligations that were in dispute was found to be adaptable to the issues between the parties.

I want to backtrack a little. In February 2002, the province of Quebec and the Crees signed the agreement respecting a new relationship between the Government of Quebec and the Cree of Quebec, known as the Paix des Braves. The Cree agreed to discontinue most of their court cases against Quebec and suspend others with respect to matters shared with the government.

This agreement eventually led to this new relationships agreement. Although it is not part of this legislation, it was a new relationship between the Government of Canada and the Cree of Eeyou Istchee. This was an important document because chapter 3 of this new relationship agreement outlined a two-stage process that would look at the implementation of some of the previous agreement that was signed.

This new relationship agreement includes a mutually agreed upon James Bay and northern Quebec implementation plan for the next 20 years, resolution of pre-litigation and other grievances, in addition to a phased approach toward Cree governance modernization.

At the heart of this what we have in the bill before us is only part of what needs to happen. Bill C-28 is only stage one. The commitment in the new relationship agreement said that within 18 months roughly this amendment to the Cree-Naskapi (of Quebec) Act would be brought forward as part one.

Bill C-28 would carry out two main objectives. One would be to equip the Cree Regional Authority with additional responsibilities and powers, including bylaw making powers, so that the authority would be better able to receive and carry out certain specified responsibilities which are assumed by the federal government under the James Bay and Northern Quebec Agreement and recognize the Crees of Oujé-Bougoumou as a separate band and local government under the Cree-Naskapi (of Quebec) Act.

We have heard across the board that the nations involved in this and the other nations that are on the other aspects of this agreement are all in agreement that this has to happen. There is full support for the Cree-Naskapi (of Quebec) Act amendments.

The next stage, on which all parties have agreed there is a process in place, is that within three to five years another set of amendments would be brought forward to look at the autonomous governance structure that the Crees are fully entitled to have put in place.

Prior to colonization, the Cree nations were an autonomous nation. They had full control over their social, economic and, I would argue, environmental issues, because they were the stewards of the land. They were a fully functioning government structure. Part of this agreement examines the changes that need to be put in place for part two.

We have had assurances from the government and some comfort from the Cree nations that they feel confident that this process will be in place to see these part two amendments come forward within three to five years. I am sure all members of this House would welcome that. Sadly, it took 19 years to get this first set of amendments in place, but they are before us now and we are fully supportive of them.

Part of what was successful was the consultation process.

I want to backtrack for a moment and mention the United Nations Declaration on the Rights of Indigenous Peoples. Although Canada has not signed on to this aspirational document, I think it does include a framework that is important for us to reflect upon when we are talking about indigenous peoples, first nations peoples, first peoples of this country. There are many articles, but I want to refer to article 18, which states:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

With respect to the consultation process, the briefing document that was provided to members talks about the kind of consultation that happened. We have consensus on all sides on Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.

At committee we heard that the Department of Justice was involved with Indian and Northern Affairs right from the outset. The Auditor General, when reviewing other land claims agreements, has said that often the Department of Justice comes in at the tail end. What happens is that a process may have been ongoing for a number of years and when it is down to the final details, all of a sudden the Department of Justices will say, “Wait a minute. Hold on. We have a problem with this”.

I would suggest that the government look at this particular case, Bill C-28, as a model of how it might want to consider other negotiations, whether it is land claims, treaties, or self-governance, and include the relevant departments at the beginning so that we do not run into roadblocks.

The Auditor General was before the committee regarding additions to reserves and treaty land entitlement, and what we discovered of course is that there is not that concerted effort in looking at these agreements.

With respect to the consultation process, the briefing documents acknowledge that under the new relationship agreement, the Government of Canada is obliged to consult with the Grand Council of the Crees. That in itself is progress. The government is acknowledging the need to consult.

The briefing documents talk about what the consultation process looks like with the Cree. Meetings were held with the Cree, including the Crees of Oujé-Bougoumou, with their legal representatives throughout the drafting of the legislation which began in 2007. There were formal meetings, conference calls and many exchanges of letters and emails. Both the English and the French texts of the legislation were reviewed by the Cree. The Government of Canada considered all suggestions proposed by the Cree, and the input received was reflected in the proposed legislation.

That seems to be a very reasonable approach. We have legislation that has a direct impact on the lives of the people in the Cree communities. The Cree was an autonomous self-governing nation prior to colonial times. The Cree have the capability, the infrastructure, and the leadership in place to directly address the issues facing their communities. It would seem reasonable that when the government is drafting legislation that is going to have a direct impact on their communities that they would be included from the outset.

We have seen success with this approach. Bill C-28, because of that very reasonable approach, has had rapid passage through the House and through the committee. The committee certainly heard from witnesses. We did our due diligence. We heard from witnesses who were being impacted by the legislation. We heard consistently that because of this reasonable process, people could sign on to it.

The Cree nations had an opportunity to take this back to their communities, because it was drafted in conjunction with them, get feedback and input, and suggest changes. Here we have a bill before the House that has had smooth sailing because of that process.

Sadly, we have not seen that with respect to other pieces of legislation. A member from the Bloc mentioned the matrimonial real property bill, but I want to raise it as well because that bill has not had a smooth ride.

What the government deems has been consultation, the nations are saying was not consultation because they did not develop that process in conjunction with the nations that were going to be affected.

The ministerial representative's report that the government commissioned made a number of recommendations with regard to consultation.

Some of the elements in the consultation process that was used on Bill C-28 were the very elements the ministerial representative touched on. She said that the department should develop as soon as possible specific policies and procedures related to consultation in order to ensure that future consultation activities can identify and discharge any legal duty to consult while also fulfilling the objectives of good governance and public policy.

She went on to outline a number of factors:

Ensuring First Nations have relevant information to the issues for decision in a timely manner.

With respect to Bill C-28, it appears that the Cree nations had the information they required to make the decisions. There was an ongoing exchange of information. Some of the suggestions they made were incorporated into the bill. There was goodwill in terms of the next stage of the process, so there was success.

She mentioned:

Providing an opportunity for First Nations to express their concerns and views on potential impacts of the legislative proposal and issues relating to the existence of a duty to consult.

I have already outlined that they had that opportunity for input. She also stated:

Listening to, analyzing and seriously considering the representations and concerns of First Nations in the context of relevant legal and policy principles including their relationship to other constitutional and human rights principles.

In this particular case, the Cree and Oujé-Bougoumou had an opportunity to do that analysis, provide their input and have it incorporated. She states:

Ensuring proper analyses by the Department of Justice of section 35 issues relating to any proposed legislative initiative are thoroughly canvassed before, during and after consultations.

Although this may not have been a section 35 issue, the Department of Justice was at the table throughout the process and therefore, the department did not become a roadblock further on down the road. Under the old specific claims process, specific claims could languish in the Department of Justice for years without any decision being made. Again, it is a model I would urge the government to consider, to include the Department of Justice, and other departments, right up front. In some cases the Department of Fisheries and Oceans and the Department of the Environment have a stake in whatever is under negotiation. It would be important to have them at the table right at the outset.

The ministerial representative recommended:

Seriously considering proposals for mitigating potentially negative impacts on aboriginal and treaty rights or other rights and interests of First Nations and making necessary accommodations by changing the government's proposal.

In this case, the government's own briefing documents indicate that it incorporated the feedback and made some changes as it went along. Further, she recommended:

Establishing, in consultation with First Nations, a protocol for the development of legislative proposals.

Because another series of amendments will be coming up, we fully expect that the framework used in the Bill C-28 amendments will be used in the next series of amendments. The ministerial representative has clearly outlined the process, which appears largely to have been used in the current process.

For example, we know that the government has a process under way around aboriginal consultation and accommodation. It is called, “Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult”. The department might want to consider some of these other recommendations that were made, because it appears that first nations have not been included in drafting these interim guidelines.

This looks like an internal risk management exercise for the federal government rather than looking at the broad context of what it means to consult. At one point the document talks about making sure that the government essentially covered its aspect of it without considering whether first nations have been given an appropriate opportunity and the resources. We also know that many first nations communities simply do not have the money to do the kind of work that would provide the feedback and input into a fulsome consultative process.

There is evidence of success with Bill C-28. This evidence of success and this piece of legislation that seems to meet the needs of the government and the Cree nations involved would be a good model on which to move forward.

It is very important that we support Bill C-28 and that it is passed so that the other place can do its due diligence with this legislation. It is a success for the Cree nations and a positive step forward in terms of their assuming their rightful position in self-governance, in assuming the full responsibilities and duties that come with the Cree peoples taking on their bylaws and governance structure.

I am celebrating the NDP's support of this important piece of legislation. I look forward to the amendments coming forward in the next three to five years that will also honour that same process. Hopefully, the lessons learned from Bill C-28 can be applied to other agreements throughout this country.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, it is a relief when calm returns to this place. It is too bad that people sometimes get carried away in question period.

Now, back to the work at hand, which I find much more interesting than question period. I refer to Bill C-28 concerning Cree and native communities in northern Quebec.

As I have eight minutes left, and now one less, I would like to point out that the bill is in negotiation. The agreement has been in negotiation since 1984. Following the James Bay and Northern Quebec Agreement, it took nine years for discussions to begin to reach the agreement signed by representatives of the nine Cree communities and the Government of Canada.

The agreement will give greater autonomy to the Cree and the Naskapi, in fact, more to the Cree than to the Naskapi because there is still room for an agreement with the Naskapi. The lands of these two communities overlap and so an agreement with the Naskapi is required as well.

The land mentioned in the agreement overlaps part of the land of the Inuit in Quebec, but, overall, the James Bay Cree should end up with full autonomy with regard to the Canadian government through the agreement. Accordingly, the Cree Regional Authority will be able to take over the federal government's responsibilities under the James Bay and Northern Quebec Agreement.

It was in fact essential for the Cree to come to an agreement with the federal government and with the Quebec government pursuant to the James Bay and Northern Quebec Agreement. It appears that these agreements are now complete and finalized. We can very soon allow the Cree to move to full autonomy over their ancestral land. This is the intent of Bill C-28.

We will support this bill because we consider it important to support autonomy and the native peoples. The Bloc has always recognized that native peoples are distinct and have a right to their culture, language, customs and traditions and to choose the way their identity will be developed. That is what is happening with this bill.

I do not have a lot of time left, but I want to emphasize before the House that when the government can and wants to, it is possible to reach agreements with native peoples. I believe that this agreement with the Cree paves the way for further agreements. What we would most like to see are further agreements with the Innu, Algonquin, Attikamek and Naskapi so that aboriginal communities not only have rights and responsibilities but are also allowed to develop in accordance with their ancestral customs on their ancestral lands. That is what this bill will achieve.

We should remember that there was a Cree-Naskapi Commission, which made a number of recommendations.

There were 20 of them, and I would like to highlight a few: full and explicit recognition of the inherent right of Eeyou self-government—that is what this bill provides; recognition of the existence and application of Eeyou traditional law, customs and practices in the exercise and practice of Eeyou self-government; and elimination of provisions that conflict with Eeyou traditional law, customs and practices.

All that will be achieved, therefore, on their lands. I read only three of the 20 recommendations. The important thing is that henceforth they will be self-governing and will have jurisdiction over their ancestral lands, which will enable the Cree to develop. The Eeyou community will also be able to develop in accordance with its customs.

We think, therefore, that this is an excellent bill. When the government wants to, it can sit down at the table. It should do the same in regard to Bill C-8 on matrimonial rights in aboriginal communities. This bill has been severely criticized by all feminist organizations and aboriginal associations and communities. We think the government should go back to the drawing board and introduce a new Bill C-8.

We hope, in conclusion, that Bill C-28 passes quickly so that Cree community self-government can be established. We hope this government develops in accordance with the ancestral customs of the Cree. I can only hope one more thing: that this entente cordiale between the Cree and the federal government proves sustainable and leads to the development of these communities, which are located in a part of the country where life is not easy.

I wish them, therefore, the best of luck. I hope that the wishes and desires of the Cree communities which signed the agreement leading to Bill C-28 will all be realized. It is the Bloc’s greatest hope that the Cree communities joined together in the Grand Council of the Crees achieve their independence, live finally in accordance with their traditional customs on their own lands, develop themselves and administer what is lawfully theirs, that is to say, their ancestral territory.

The House resumed consideration of the motion that Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act, be read the third time and passed.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I am pleased to rise here today at third reading of this bill, one that is extremely important for the Cree community and other closely related communities, particularly, the Naskapi. We are talking about a region in Quebec. The last time I addressed the House concerning this bill, I paid a tribute, and I would like to do so again.

I also emphasized the geographic importance of the James Bay Cree. There are nine Cree communities. For those watching us, we are talking about the nine communities near James Bay, and the people who have always lived in those communities. The Government of Quebec is currently beginning, or rather it began a few years ago, major works projects there to build hydroelectric dams.

I would therefore like to pay tribute to Matthew Mukash, Grand Chief and President of the Grand Council of the Crees (Eeyou Istchee), that is, the Cree government. He worked very hard to put this very lengthy agreement in place. This Bill C-28 is minor compared to the agreement that was reached, one that will have extremely important repercussions for the Cree community and those who live in the areas around those communities.

Matthew Mukash was and still is the grand chief; Ashley Iserhoff is the deputy grand chief and vice-chairman; Roderick Pachano is the authorized representative of the Cree Nation of Chisasibi; Losty Mamianskum is the authorized representative of the Whapmagoostui First Nation; Rodney Mark is the representative of the Cree Nation of Wemindji; Lloyd Mayappo is from the Eastmain Band; Steve Diamond is the authorized representative of the Crees of the Waskaganish First Nation; Josie Jimiken is from the Cree Nation of Nemaska; John Kitchen is from the Waswanipi Band; John Longchap is from the Cree Nation of Mistissini; Louise Wapachee is from the Oujé-Bougoumou Eenuch Association.

These people represent all of the communities that have signed this extremely important agreement, which, while not necessarily making the Crees independent in the fullest sense of the word, will enable them to benefit from a degree of self-determination and distance from the federal government with respect to the management of their everyday affairs. Under this agreement, they will be able to ensure that their communities receive appropriate services, such as health and sanitation services. They will decide where to build their communities' hospitals. We know that many of these communities, which are located on the shores of James Bay, ranging almost as far as the Inuit communities of Quebec's far north, are isolated from one another and often have trouble working together.

This bill, this agreement, will enable them to work together. The Cree Regional Authority will have the opportunity to develop programs and ensure that it has everything it needs to achieve the independence of Cree first nations. Under this agreement, they will be responsible for protecting the environment and preventing pollution. We know what is going on with the Cree nation and the development of hydroelectric dams on James Bay. Over the next few years, mining exploration and exploitation will increase dramatically. Companies are looking northward more than ever before for mining exploration and exploitation opportunities. The Cree people will have to implement policies to protect their environment. That is what they wanted, that is what they asked for in committee, and that is what they will get with this bill, which will be passed just minutes from now.

In terms of administration, they will also be responsible for justice. That is extremely important. The administration of justice has always posed a problem in the north. For many years, the itinerant court has travelled to Cree communities to dispense justice. There were no court houses and often community centres were used.

Under this agreement, moneys will be allocated. When we refer to an agreement, we are also referring to the moneys that will be allocated and transferred to the Cree for the administration of justice, social development, and above all, economic development. One of the difficulties is that the Cree are isolated. There is little work. The birth rate is 3.5% per year, a veritable population explosion. Therefore appropriate measures are needed, including the creation of towns and the construction of houses suitable for the conditions of the community.

Indian and Northern Affairs Canada has often sent houses that developed mould or were destroyed because they did not provide what the Cree needed to survive in a difficult environment, one that all too often is a hostile environment.

It has been noted that this agreement will benefit the Cree. After royal assent has been given, the amount of $100 million will be paid to the Cree. The $100 million has already been committed. That is why we, the Bloc Québécois, pushed for and will support this very important bill. Moneys have been committed, work has begun, and very important infrastructure—community centres, CLSCs and hospitals—must be built. The time to do that is now—May, June, July, August and September. We have five months to do some very important work. The amounts to be disbursed will pay for work that has already started and is very important to the community.

This bill will also—I realize that this is somewhat complex for those listening—settle the matter of land categories for which the communities had the authority to establish bylaws, municipal regulations to set limits as to time of day and year for hunting, trapping and fishing.

There are three categories of land: categories I, II and lll. From now on, category III will cover 911,000 square kilometres where communities will participate in the administration and development of the land. It will be very important for the Cree to start right now on working to identify controlled harvesting zones. There might also be—and we hope there will be—a little more respect for the flora and fauna than at present. That is our hope for these category III lands.

The act also makes modifications to category IA lands, where federal laws and regulations apply.

The Cree will therefore be the ones responsible for administration of these lands and they will ensure that they come under their jurisdiction and that the bylaws they enact to protect the flora and fauna can be respected.

Clause 9 of the bill sets out new provisions which will enable the Cree Regional Authority to enact bylaws and resolutions within the territorial limits of category IA and III lands. This is extremely complex, I know, but this is such an important bill for the nine Cree communities which will at last be able to take over their space.

I sense, Mr. Speaker, that you are wanting to interrupt me for question period or something else but I have so much still to say that I will, unfortunately for you, be back after question period.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, on behalf of the Liberal Party of Canada, I am glad to stand in the House and support Bill C-28, and act to amend the Cree-Naskapi Act of 1984.

The numerous benefits of this legislation have already been read into the record. The bill is now at third reading and hopefully it will get royal assent in the not too distant future, after some 33 years of intense negotiation and, at many times, litigation, and not always an amicable relationship between the Crown, whether provincial or federal, and the aboriginal people involved.

A lot of work has been undertaken over those 33 years since 1975 when we had the James Bay and northern Quebec agreement, the northeastern Quebec agreement in 1979 and then the Cree-Naskapi Act in 1984, which is what the bill we are talking about today would amend.

Since 1984, the Cree people have been in a tangle with the federal government about the true implementation of the Cree-Naskapi Act of 1984. They have tried diligently to ensure that land claims were implemented, not only in terms of the details of that particular land claim but in terms of the spirit and intent of it. A new relationship agreement was signed in 2008, which is the basis of what we are dealing with here today.

The agreement itself was spoken of in endearing terms by Bill Namagoose at committee, who was one of the chief negotiators of that particular deal. We also heard from the minister and the department about how the relationship between the Department of Justice, the federal Crown and the Crees of Eeyou Istchee was much improved.

One of the lawyers at the time said that he had been practising for 43 years and that it was the first time in those 43 years that he could actually commend the people from the Department of Justice for the way they had behaved, for their manners and for their professionalism, and he hoped that particular relationship would continue into the future.

I want to read into the record a couple of quotes about land claims and speak in terms of going forward.

The Supreme Court of Canada, in Haida Nation v. British Columbia, Minister of Forests, wrote:

The historical roots of the principle of the honour of the Crown suggest that it must be understood generously in order to reflect the underlying realities from which it stems. In all its dealings with Aboriginal peoples, from the assertion of sovereignty to the resolution of claims and the implementation of treaties, the Crown must act honourably. Nothing less is required if we are to achieve “the reconciliation of the pre-existence of Aboriginal societies with the sovereignty of the Crown.

On the situation of human rights and fundamental freedoms, the report on Canada in 2004 around the settling of comprehensive land claims, the United Nations special rapporteur said:

The settling of comprehensive land claims and self-government agreements (such as those of Nunavut or James Bay) are important milestones in the solution of outstanding human rights concerns of Aboriginal people. They do not, in themselves, resolve many of the human rights grievances afflicting Aboriginal communities and do require more political will regarding implementation, responsive institutional mechanisms, effective dispute resolution mechanisms, and stricter monitoring procedures at all levels.

What is being said here is that the Crown must act honourably when signing treaties and must implement not only the letter of the treaties but the spirit and intent of them.

Some of the most formidable work being done today around the implementation of land claims is coming from the Land Claims Agreements Coalition, which is made up of basically all of the modern treaty-holders from Labrador to B.C. and from Yukon to Nunavut.

Members of this coalition underlined four undertakings that the Government of Canada should put in place regarding treaty implementation. They are calling upon the Government of Canada to adopt a new policy on the full implementation of modern treaties between aboriginal peoples and the Crown. They also ask that the Government of Canada draft and promptly introduce legislation to establish a land claims agreements implementation commission, that the Government of Canada establish a cabinet committee on aboriginal affairs to oversee and coordinate the full involvement of federal agencies and ongoing treaty implementation activities, and that the periodic negotiation of implementation funding for Canada's obligations under modern land claims agreements be led by a chief federal negotiator appointed jointly by the Minister of Indian Affairs and Northern Development and the Land Claims Agreement Coalition.

Those are very practical solutions and they arise out of the context of the James Bay and northern Quebec agreement of 1975. They arise out of the historical context that has led, after 33 years, to the Cree-Naskapi 1984 amendments that we are talking about today. The coalition members cite this as movement in the right direction, which we in our party agree with as well. they also understand that across the country there are outstanding grievances within first nations, Inuit and some Métis communities around the implementation of land claims. They call for this way forward.

I will not prolong the debate on third reading except to say that my party supports this because it is a way forward. We also support it because it was a collaborative approach. We cannot say that strongly enough. It was a collaborative approach between the Government of Canada and aboriginal peoples who sat at the table. They will not call it co-drafting because they say that legally we cannot co-draft but that is a purview of the federal government itself. In essence, they basically dotted the i's and crossed the t's and said that this was a nice way to go forward and the government says that it is its legislation.

I will say this in another context because we have another bill before the House called Bill C-8, which was not co-drafted, was not done in co-operation or consultation with first nations people and is not receiving the kind of unanimity within the House that we see on Bill C-28. The difference in approach has an impact on the content and the agreement that various parties can reach.

We are supporting Bill C-28 because of the process and the content. I wish the Cree of Eeyou Istchee good luck with this. We wish them the best and the Liberal Party will certainly be a partner in the future as this agreement and other agreements are implemented under the new relationship.

[John Duncan, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development]

Mr. Speaker, I believe we are all on the same page. It is a pleasure to speak to the third reading of Bill C-28. Certainly, it is no mystery by now why I support this bill, nor why the hon. members of the House have united to ensure that this bill passes.

Bill C-28 begins a new chapter in one of the country's great aboriginal success stories: the story of the Cree of Eeyou Istchee. For hundreds of years, the Cree peoples of the eastern James Bay and southern Hudson Bay region of northern Quebec have effectively protected their environment, managed their natural resources, and preserved the cultural legacy of their communities. For decades, the Cree of Eeyou Istchee have used the provisions in the James Bay and Northern Quebec agreement to start their own airline, establish a thriving construction company, and open many flourishing small businesses.

Most recently, the Cree of Eeyou Istchee have engaged in ongoing consultations with Indian and Northern Affairs Canada, embraced genuine partnership with the Government of Canada, and co-signed the 2008 new relationship agreement document. These are the achievements I would like to focus on today.

For those not familiar with the new relationship agreement, allow me to explain a few important facts about this document. The new relationship agreement is a landmark agreement between the Government of Canada and the Cree of Eeyou Istchee. It is a historic consensus that gets at the heart of what it takes to build strong communities. It resolves past grievances. It fosters social and economic development. It empowers people to determine their own destinies.

More specifically, the new relationship agreement ends litigation initiated by the Cree of Eeyou Istchee against the federal government, devolves specific federal responsibilities to the nine Cree communities of the eastern James Bay and southern Hudson Bay region, and provides for amendments to the Cree-Naskapi (of Quebec) Act to enable the Cree regional authority to enact bylaws that will apply throughout the region.

Significantly, the new relationship agreement does all of this with the full support of the Cree of Eeyou Istchee. Voicing their opinions in referendum, more than 90% of the beneficiaries who voted in the nine affected communities endorsed the agreement. They voted to end years of contention and uncertainty, and to embrace a sincere partnership with the Government of Canada.

Bill C-28 fulfills two key aspects of the agreement. First, it will equip the Cree regional authority with additional responsibilities and powers, including bylaw-making powers, so that the Cree regional authority will be better able to carry out certain specified responsibilities that were assumed from the federal government under the James Bay and Northern Quebec agreement.

Bill C-28 also sets the stage for the negotiation of a Cree nation governance agreement that will establish a new Cree nation government. As the Cree of Eeyou Istchee noted in their presentation to the Standing Committee on Aboriginal Affairs and Northern Development, this bill constitutes “another step in the evolution of Cree governance structures and responsibilities”.

Second, it will incorporate the Cree of Oujé-Bougoumou as the ninth Cree band. This is a fulfillment of the 1992 Ouje-Bougoumou/Canada Agreement, under which the Government of Canada agreed to recognize the Cree of Oujé-Bougoumou as the ninth Cree band and to contribute financially toward the creation of a new village at Lake Opemiska.

In the words of Mr. Richard Saunders, who represented the Cree-Naskapi Commission before the Standing Committee on Aboriginal Affairs and Northern Development, this is both “a symbolic and housekeeping amendment”. It is one that acknowledges the local government and administration of a distinct people not named in the James Bay and Northern Quebec agreement.

In short, Bill C-28 fulfills two key aspects of the new relationship agreement that would enable all of us, the Cree of Eeyou Istchee and the Government of Canada, to place our focus squarely on the future. It is a bill that dwells not on recriminations of the past but on opportunities in the present and future. It is a bill that honours the spirit of partnership and collaboration inherent in the new relationship agreement.

Throughout the bill's development, from the initial outline to the version before us today, the Cree of Eeyou Istchee have been extensively consulted. They have helped ensure the bill meets the real needs of the Cree communities of northern Quebec. They have advised the government on necessary changes and they have contributed at key stages of the legislative process.

Due in no small part to the Cree's involvement, members of the House now have the opportunity to truly serve the Cree people who live in the James Bay and southern Hudson Bay region to give them the authority to: enforce strict water quality standards; to maintain meticulous accounting practices and guarantee that people in positions of power are held accountable for their use of community funds; and to ensure more responsive police and firefighting services and make certain that all residents in crises get the emergency help they need.

This is an opportunity to encourage continued dialogue between the Government of Canada and the Cree of Eeyou Istchee and to ensure that our nation's laws benefit the people most affected by them.

This is our time to seize these opportunities. Let us help honour the commitments the Government of Canada made to the Cree people of northern Quebec in the new relationship agreement.

We are ready to heed the words of Richard Saunders, Philip Awashish and Robert Kanatewat who travelled to Ottawa on behalf of the Cree of Eeyou Istchee to outline their support for the bill when they appeared before the Standing Committee on Aboriginal Affairs and Northern Development just a short time ago.

Passage of the bill would enable the Cree of Eeyou Istchee to pave the way to a brighter and more prosperous future for their communities.

As we heard earlier in the House and again at committee, all parties in the House support the bill. There is no one who does not wish to establish a new relationship based on trust, fairness and mutual respect. There is no one who does not wish to welcome the nine Cree communities in northern Quebec into the political, social and economic conversations that will shape the future of Canada.

I know that is why my colleagues will welcome the opportunity, as I do, to vote in favour of this important legislation, to vote in favour of helping thousands of proud, resourceful, ambitious people in nine remote communities in northern Quebec to embark on a prosperous future and on a path to a new tomorrow for us all.

[The Acting Speaker, Conservative, Barry Devolin]

I appreciate that some members were anticipating that Bill C-23 would be called at this time. The government is calling Bill C-28 at this time and we will proceed.

[John Duncan, Conservative, Vancouver Island North, BC]

Mr. Speaker, I assume we are debating Bill C-28, Cree-Naskapi.

The House proceeded to the consideration of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act, as reported (without amendment) from the committee.

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, what I was suggesting is that instead of referring the bill to committee after second reading, where the committee is limited in the scope of what it can do, I had hoped the government would consider referring the bill to committee before second reading where we could then engage, in a constructive manner, in crafting legislation that would reflect the will of all parliamentarians and of the interested parties, the aboriginal community of Canada.

The member for Simcoe North agreed with me when I pointed out that the committee we currently have is functioning very well. We have already dealt with two bills, Bill C-5 and C-28, expeditiously after listening to witnesses, but in both cases there was exemplary co-operation between the government side and the opposition parties. Also, in both cases, the aboriginal communities that were interested in the legislation supported the legislation.

We have a situation now with Bill C-8 where the aboriginal communities do not support the legislation and have expressed great reservations. If we approve this legislation at second reading and then send it to committee, it will tie the hands of the committee in its ability to improve the legislation. The amendments that could be introduced at that stage are rather limited and must be narrower in scope than what the legislation says.

When I hear the members of the NDP and my colleagues from the Bloc Québécois say that they want to improve the legislation by passing it at second reading and sending it to committee, I think they and the government forgot that we could have gone another route, which would have made for a situation that would have been much more constructive and more in keeping with the spirit of co-operation that is supposed to exist between the Crown and aboriginal communities ever since we had an incredible ceremony in this House, as people will remember, and ever since we had a royal commission look into the matter. We have all agreed that we need to start dealing with the aboriginal communities in a much more respectful manner and in a manner that engages them, gives them a voice and we listen to their voice. It is a matter of the honour of the Crown that we must respect that.

That is essentially what I was saying in my comments yesterday. I would hope that the members from the Bloc Québécois and the members from the NDP would support this motion, would give an occasion to the government to go back and consult properly and then bring forward a bill that we could refer to committee before second reading in order to give the committee the chance to do good work, as it has.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, I want to say right off the bat that I will support the motion, but I want to explain why. In doing so, I hope to convince my colleagues in the NDP and the Bloc to seriously consider that the avenue we are suggesting might be the better course.

I want first to demonstrate that, under the able stewardship of the member for Simcoe North as chair of the aboriginal affairs committee, the committee has been demonstrating exemplary cooperation. I see him nodding his head in agreement. We have had the opportunity to deal with two bills already.

Those bills were Bill C-5, An Act to amend the Indian Oil and Gas Act, and Bill C-28, this very day.

In both cases, the government bills were supported by representatives of the aboriginal communities and the responsible bodies concerned with the issues involved. They appeared before us. In one of the two cases, the bill was tweaked slightly with government consent. That was done unanimously. Today, a minor amendment was made to Bill C-28, and the bill was passed without much discussion.

I raise this point for two reasons. First, to demonstrate that, as far as the official opposition is concerned—and I dare say in this instance also of the two other parties in opposition —there is a desire for cooperation and for doing things properly. The other reason is also very important. In both cases, the bills passed in committee after being passed here at second reading had the unconditional support of the aboriginal communities. That is not the case for Bill C-8, and I feel that needs to be said.

I want to talk about the process for awhile. Parliament is a wonderful thing. It shows flexibility, ingenuity and a way sometimes of dealing with things in different ways, to improve our ways, to make sure that people are heard, to make sure people have an opportunity to express themselves in respect of an overall democratic will.

This is the 40th Parliament. In the 39th Parliament what I am going to talk about happened three times and in the 38th Parliament, which is where it started in earnest, it happened quite often. I am talking about referral of a government bill to committee before second reading. This is something we must consider very carefully.

In a minority Parliament in particular, that means that before a bill is adopted at second reading, it is referred to a committee. The government can do that on its own. It can determine that a bill will go to committee after five hours of debate whether the opposition parties want it to or not. The difference between referring a bill to committee before second reading or after second reading is very important. After second reading the House has stated its approval in principle of what is contained in the bill. Amendments are very restricted in nature. They can constrain, or they can orient a little more precisely certain things, but they cannot expand. Therefore, the capacity of a committee to change a bill is very different if the bill is adopted and referred to committee after second reading as opposed to being referred to committee before second reading. That is crucial for a number of reasons.

That was done over 30 times in the 38th Parliament. I thought that demonstrated a willingness to engage parliamentarians of all parties in shaping legislation. Beyond that, it involved the witnesses and those interested in the legislation as they came to committee because it gave a wider range to parliamentarians in effect to give shape to the legislation.

In the 39th Parliament, it happened three times. In this Parliament it has not happened yet. In the 39th Parliament and this Parliament, even though at times opposition members recommended and the House approved the notion that bills be referred to committee before second reading in order to have that flexibility, that capacity to engage the witnesses, to really engage the expertise in the country to shape legislation as a better expression of the common will, it has not been happening. It has not happened a single time in this Parliament.

I know my colleague from Simcoe North knows what I am talking about because I brought this up at committee. It is an act of respect of Parliament for a minority government to ask that legislation be referred to committee before second reading. It gives the ability of all members on that committee to bring a constructiveness to it. It gives an opportunity to all witnesses to be taken seriously, and perhaps to suggest amendments. It engages all kinds of NGOs. It engages academia. It engages the private sector. In this case it certainly would have engaged the aboriginal communities across the land, the same aboriginal communities that have said they are not supportive of Bill C-8.

I was listening very closely to my colleague from Toronto Centre and my colleague from Ottawa Centre and they were not contradicting each other. My colleague from Ottawa Centre said we should send it to committee where we could amend it and I totally agree with him. Let us send it to committee where the committee can do some real work and shape this legislation and have the witnesses engage in shaping it so that it becomes a constructive exercise and not a confrontation exercise as it might turn out to be if we do it this way.

That is why the motion to defer the matter for six months would give the government an opportunity to consider seriously consulting widely.

Honestly, I would have preferred if the government had chosen to send the bill to committee before second reading. I do not think we would be having this debate. The committee is working very well. It could have demonstrated to Canadians its capacity to do so. It could have engaged the aboriginal community in a very thorough manner, taking whatever time was needed, having as many meetings as were needed in order to listen to proposals and suggestions. The committee has demonstrated that ability and it could have demonstrated it even more so.

Because the government chose not to do that, we are now caught in the situation where our party, I think very legitimately, is saying that because the Assembly of First Nations and the Native Women's Association of Canada are saying they do not like the bill, we should hoist it. The hoist motion calls for a delay of six months.

If the government would step back and consider that perhaps the bill should have been referred to committee before second reading, this would all be over. The committee has demonstrated its capacity to work, to fully engage in a very serious matter. It could engage all the witnesses that want to be engaged in a constructive legislative exercise. Unfortunately, because the government chose not to refer the bill to committee before second reading, we are into the current situation.

Once again, I would ask my Bloc Québécois and NDP colleagues to consider one point very seriously. We are not opposed to sending this bill to committee. However, we would like the committee responsible for studying it to have the kind of freedom that it cannot have if the bill goes to committee after second reading. That is crucial.

From what I can tell, today and for some time now, we have been getting very clear signals from aboriginals, from the Assembly of First Nations, from the Native Women's Association of Canada and other stakeholders. Personally, as a member of the committee, I have heard from a lot of people. They are very concerned about this bill, about how it was written, about what it contains, and about what it does not contain. If we have to restrict ourselves to a more limited range of amendments because the House has passed this bill at second reading, we will end up limiting Parliament's ability to do good work. I suggest that my colleagues give that some serious thought.

If—all together—we do tell the government that we want to do this work, that is fine, but let us do it with the latitude, flexibility and desire to be constructive that this committee has demonstrated so far. All of the committee members, whether they represent the NDP, the Bloc, the Liberals or the Conservatives, have demonstrated good will and the ability to work well together.

I had hoped that the government would seize this opportunity to try to resolve, once and for all, a problem that has been around for years, even decades, to resolve it constructively, which a minority government or Parliament can do if it so chooses. That would have been a strong indication of the government's respect for Parliament and for aboriginal communities in Canada. Unfortunately, that does not seem to be the case. We believe that we should not proceed with the bill as written. Aboriginal communities are not happy with it.

I also think that there is another reason this bill is a step in the wrong direction.

It is another topic that we broached at committee time and again and I hope we explore even further. I see my colleague from Simcoe North nodding again. It is the concept of honour of the Crown. I readily admit that I am not yet grounded enough in the concept to fully comprehend all of its ramifications, but I know that it is rather far-reaching.

The honour of the Crown concept is one that has been invoked by the Supreme Court in matters dealing with aboriginal communities to strike down legislation. The last time I heard it was used was by the aboriginal communities in British Columbia to basically tell the government that it cannot sell properties, as it was planning to. The department had this plan to sell nine properties, two of which were in B.C. and two of which were subject to land claims by aboriginal communities. Because the government had not consulted these communities, the Supreme Court essentially said that the honour of the Crown concept applied and it could not sell those two buildings. They were withdrawn from the package of assets of buildings that the Crown was selling.

The honour of the Crown concept is a concept that applies to all things aboriginal and beyond that. In this case, I would think that if we were to proceed with this bill in the manner we are proposing, which is to force it through the House at second reading so that the committee is restricted in its ability to give it shape, listen to the witnesses and give voice to their concerns in a constructive way, the bill would be subject to court challenges quite readily if it were to become law.

As legislators, we have a duty to try to prevent that. We have a duty to construct good law according to principles that were established in our Constitution. If we were to proceed this way, when we have heard that the consultation might not have been as thorough or as listened to as the aboriginal communities would have hoped, perhaps we would then be creating faulty legislation that would be subject to fairly serious challenges on this notion of honour of the Crown. This must permeate what we do as agents of the Crown. We are Her Majesty's Loyal Opposition. The government is her agent. Together, we have responsibilities toward the Crown.

I am not sure that proceeding this way is the best way to fulfill these obligations or fiduciary responsibilities. We can call them what we will. As we continue the work in committee, I would hope that this concept becomes much more well understood by members of the committee and beyond. I think it is a concept that we will see coming much more to the fore as we try to honour the new spirit of working with aboriginal communities throughout this land.

I will sum up briefly because I only have a few minutes left.

My colleagues must understand that we are not trying to avoid taking action or to reject everything. We are telling the government that there is a more constructive way to approach a very delicate problem. I believe all parties agree that the bill attempts to resolve a very complex and delicate situation.

To draft a law that will be accepted by everyone, we must all put a little water in our wine and we must be prepared to hear from those most affected. Those people have been telling us for weeks that they cannot support this bill and they have asked the government to not proceed with it. That places us in a difficult situation.

I will come back to my basic premise: had the government truly wanted to give parliamentarians the latitude to work together and create a bill to reflect the collective will of all political parties and all aboriginal communities, it could have referred this bill to committee before second reading. It chose not to do so.

Earlier, I asked the parliamentary secretary why the government did not do so and chose instead to force a vote at second reading.

The government is therefore asking for approval in principle. It has chosen to limit the committee's power, after having listened to witnesses, to propose constructive amendments and—together—the government and the members of the three opposition parties—to develop a bill that we could all have been proud of. It could have taken another approach.

The members of the official opposition take their duty seriously. By proposing this motion, we are telling the government that it is not taking the right approach.

I will make a last appeal to the good will of my Bloc and NDP colleagues. What we are proposing today could be avoided altogether if we all told the government to refer the bill to committee before second reading. We must give the committee, which has already demonstrated its competence, the tools to do the work that is needed. We have a great deal of listening to do. We must listen to all those who wish to participate. We must take their grievances into account. When we find contradictions and disagreements, we must look for common ground.

As responsible parliamentarians, we must find a way to produce a bill that really reflects the government's responsibilities and our responsibilities as parliamentarians, our responsibilities under the Canadian Constitution and our responsibilities that arise from Supreme Court of Canada rulings.

This all could have been moved ahead by referring the bill to committee before second reading. I do not know why the government, a minority government, stubbornly refuses to refer any bills to committee. Many committees, such as the Standing Committee on Aboriginal Affairs and Northern Development, which I mentioned earlier, have a proven record.

The chair of that committee, a government member, is nodding his head in agreement with my assertion that the members of that committee have proven that they work well together.

Both bills we studied were fully supported by aboriginal communities. However, aboriginal communities are not in favour of the bill we are being asked to support here today, and that is a serious problem.

I implore the government to reconsider its approach and do its homework over again in order to come up with a solution that will be better for everyone.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, we are discussing an extremely important bill. I, too, am somewhat surprised by my Liberal colleague's position. I do not think that his is the right approach just now, particularly when it comes to the matrimonial rights of aboriginal peoples. This bill has gone by several numbers, of which I will list just two. Bill C-47 died on the order paper last year when the election was called, and now we have Bill C-8.

The Bloc Québécois believes, and I hope the NDP will agree, that this bill should be studied in committee. It is of utmost importance that this bill be debated, analyzed and closely examined with witnesses by the Standing Committee on Aboriginal Affairs and Northern Development. Allow me to explain.

I am aware of the rules of Parliament. By presenting an amendment to delay study of the bill for six months, the Liberal Party knows full well that the bill will die on the order paper. I am absolutely certain that that is not what aboriginal women want. They want respect, and the Bloc Québécois believes that aboriginal women will get respect if we study the matter of matrimonial rights respectfully once and for all.

I hope that my Conservative Party colleagues will not take it for granted that our support for Bill C-8 is firm and unconditional. I want to say right now that we really do not like Bill C-8, not one bit. It does have some good points and measures, but some things in the bill are just not well thought out. If the government is serious about this, and I hope that it is, it will understand that we want to take as much time as we need in committee to properly study this bill, pick it apart and amend it as necessary. This bill must meet the needs of aboriginal women, first nations and aboriginal peoples across the country.

The government will have to explain why it set aside the main recommendations made by Ms. Grant-John, who did an exceptional job of examining this issue. The issue of matrimonial rights has been around for a number of years. With all due respect, the Liberals do not have a leg to stand on when criticizing the Conservatives at this stage regarding Bill C-8. It was the Liberals who introduced the famous Bill C-31 on women's matrimonial rights, the 1985 bill that erased women's rights in their entirety in one fell swoop. They should remember that the bill languished. Although the Conservatives adopted the bill, it originated with the Liberals some time before that.

It is odd because the Liberals know this. An extremely interesting ruling was just handed down by the Court of Appeal. It concerns the rights of aboriginal peoples, especially women's rights. This ruling was handed down on April 6, 2009.

The government will have to take it into account because the British Columbia Court of Appeal ruling overturns several decisions and forces the government to recognize that it imposed a law that discriminated against aboriginal peoples.

In the matter at hand—and we will come to an agreement rather quickly—it is clear that 90% to 95% of the matrimonial rights cases concern women and children in native communities. It is equally clear that the rights of women have been violated. In my opinion, moving forward and adopting the amendment would kill the bill. With all due respect for my colleague from Labrador, and based on my extensive experience, I know that unless the government is forced to act it will not do so. In this case, it is not true that there will be further consultations if we give the government six more months. That is not true. I do not buy it.

We in the Bloc Québécois prefer to move forward, and I hope that my NDP colleagues will feel the same way. I hope that what I am about to say will be well translated and that our friends opposite will understand me clearly. I have just one hope, and that is that they do not seriously believe we are going to pass this bill in a rush and study it quickly in committee. It will take months. I hope they realize that, because if they do not, then there will be trouble. But that is very clear.

I have a few questions. Why is it that Ms. Grant-John's entire report was set aside?

Why is it that none of the recommendations made by the rapporteur, Ms. Corbett, were acted on?

It is odd, because I was looking for support for this bill among aboriginal women in Canada and in Quebec, but both groups said no. I spoke this morning with Grand Chief Picard, who also has problems with this bill. But I will give it a chance.

In my opinion, the Bloc Québécois, probably with the support of the NDP, will be willing to refer this very, very important bill to the Standing Committee on Aboriginal Affairs and Northern Development so that it is studied properly in the interest of the rights of women living in aboriginal communities. This problem has existed in aboriginal communities for too long, and we must find solutions. For my part, I believe, with all due respect, that having a minority government is not a bad thing.

We have seen evidence of this. I will give my colleagues opposite the chance to respond. I will quickly give a brief history of Bill C-21, which was passed during the previous session. This bill repealed section 67 of the Indian Act. As a result, aboriginal communities will now be accountable, and complaints can be filed against them with the Human Rights Commission.

Our Conservative colleagues opposite were opposed to all the amendments we had made to the bill. The original bill consisted of just one clause. When it came out of committee, was reported in this House and was passed, it included 12 or 13 clauses. I was very closely involved in the study of the bill, and I can tell you that it was thanks to the aboriginal communities and all the members of the committee that we were able to seriously amend Bill C-21 so that it respected the rights of aboriginal peoples.

I have a problem with hoisting this bill. In my opinion, we need to study it and make amendments, and we need especially to heed the protests of the aboriginal women who were not consulted.

There is a Supreme Court decision about consultation with respect to Supreme Court rulings. If this is the case, I do not believe, with all due respect for my colleagues across the way, that such consultation has taken place. They could have taken a few more months. We will set the process in motion during those months and it will take the time it needs to take. The Bloc Québécois wants to see this bill amended to take the rights of aboriginal women on reserves into consideration.

The situation can be easily summarized. An aboriginal couple marries, has children and accumulates assets on reserve. They might, for instance, own a convenience store, a service station or some other business. The couple separates. The woman leaves the marital home, as usually happens, unfortunately, and leaves the reserve. She settles in town or somewhere else. Then comes the issue of who owns the convenience store, the garage or the business. They are located on the reserve and thus on federal territory. The situation is not clear.

The Bloc Québécois wants to examine this bill. A lot of work has been done on it by the Mohawk Council of Akwesasne, and they have sent recommendations to us. I have read them and I believe that they need to be taken into consideration because a number of Mohawk communities, and probably some others as well, have what is called a matrimonial property rights tribunal. These are in place in the communities and we must respect what is being done in the communities. We need to take steps to ensure that we respect what is already in place, but the bill as it stands is not clear about this. What is more, the government seems to want to have a degree of control over the settlement of matrimonial property rights on the reserves, but I must admit this is not clear. If the regulations do not work, the federal government could change them. I believe I read that. If the government wants to go ahead with this, there is going to be a serious problem.

However, I want to point out that matrimonial rights have a huge impact on communities. Often, the women and children wind up with nothing and are expelled from the reserve, while the men keep everything. I do not want to generalize, but I would say that this is what happens in 80% or 90% of cases. I know, because I live in Abitibi-Témiscamingue and I have a good idea of what is happening in my communities. We must not be blind or ignore what is happening. We need to pay attention and take into account individual and collective rights.

There will be a serious debate about collective versus individual rights. This bill is not clear. It deserves to be debated and examined in greater detail. I will say to my Liberal colleagues, as I said at the start, that the worst that could happen would be that, if the committee is not happy with the responses and if the amendments we propose are not incorporated, we kill the bill. The three opposition parties can kill the bill, obviously. The government will have to understand that it is in its interest to respect what aboriginal communities want, which is not to be pushed around. They want to be heard. The main groups want to be heard and want to have a chance to speak.

I have asked that they propose amendments. We will have to look at the clauses. I know that aboriginal communities and groups, the Native Women's Association and the Assembly of First Nations of Canada may be opposed to the bill as it currently stands.

In life, it is not enough just to be opposed to something. You have to come up with solutions to the problem. When a party is opposed to the bill, I respect its position. But what solutions does it have? What amendments does it propose? This bill also raises the whole debate about incorporating provincial and territorial laws. The problem of respecting women's rights has never been easy to solve, and it will not be easy to solve with Bill C-8.

But if we do not make the effort to sit down all together at the same table to discuss, amend and adapt this bill so that it respects women's rights, we will miss the boat and pay the price. I especially do not want to be pushed around on this issue. I want us to take our time and study this bill carefully, and I want us to listen to the groups that propose amendments that we will study and analyze. I hope that the government does not think that this bill will be passed before the end of the current session. If it does, then we will have a serious problem.

This is a very important bill. Bill C-21 repealed section 67 of the Indian Act. We took the time we needed, and we did things properly. We also passed a bill about specific claims. We took the time to talk to aboriginal communities and aboriginal association representatives. This is a good bill that should satisfy aboriginal communities.

This morning, the committee—and I am in a position to know—passed Bill C-28 without amendment, or rather, with a small amendment concerning syntax. The bill should be back before the House when we return from the Victoria Day recess or, in our case, the fête des Patriotes. We passed the bill, and the Cree people are satisfied. It took 10 years, but now it is done. I am not suggesting that it will take 10 years to pass Bill C-8, but I think that it will take a few months. We have to take the time to listen to aboriginal community representatives. Important things, such as federal legislation on matrimonial property and recognition of the jurisdiction of first nations, must be taken into account. How will we do that?

I will end with a discussion of a principle that I believe in: if one wants what one has never had, one must be prepared to do what one has never done.

We are about to do something that we have never done: respect aboriginal women. That is what we will do as we study the bill in the Standing Committee on Aboriginal Affairs and Northern Development over the next few months.

[John Duncan, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development]

Madam Speaker, I would like to express my supreme disappointment at the hoist motion put forward by the Liberal critic on aboriginal affairs. There was no signal that this would happen. The committee has been planning and preparing for witnesses for testimony. The same opposition party, in the last Parliament, expressed every desire to get this bill before committee and it has now done just the opposite.

Contrary to what the member said, there have been all kinds of consultations, There were 103 consultations across Canada during this process.

The member talked about the drafting of Bill C-28, the amendments to the Cree-Naskapi Act, and the responsible approach that was taken. That same approach was taken on the development of this bill. A draft proposal was shared with the Assembly of First Nations, the Native Women's Association of Canada and others. Millions of dollars were spent on consultations leading up to and including the development of this. We have heard from a number of vulnerable first nations women who supported this initiative.

The member talked about the United Nations. The UN committee on economic, social and cultural rights slammed Canada in 1998 and then again in 2006 for not giving aboriginal women the same rights on reserve as those off. The same goes for the UN human rights committee in 2006, the UN special rapporteur on the situation of human rights and fundamental freedoms of indigenous people in 2004, the UN special rapporteur on adequate housing in 2007, and the list goes on.

Why is the member for Labrador taking such precipitous action with no notice and with obvious negative consequences for vulnerable people? This legislation is long overdue.

[Greg Rickford, Conservative, Kenora, ON]

Thank you, Mr. Chair, and welcome to the witnesses.

My first question is actually my colleague Harold's last question. I want to give you an opportunity to develop it a little more.

Bill-28 provides authority to develop regional bylaws. You said it was going to be an opportunity to be a framework for allocation of resources for regions and communities. I notice that in proposed section 9.2 there's a capacity for bylaws that can prohibit activities. Have you thought about what they might be? You talked about what it could facilitate, but what could it prohibit?

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

If you could, just outline briefly as well some of the proposed regional bylaws. I understand that Bill C-28 provides authority for regional bylaws. Could you give ordinary Canadians a snapshot of what some of those might be that would be developed by the Cree Nation?

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Are there any future implications beyond what's specifically talked about in these amendments in Bill C-28?

[Todd Russell, Liberal, Labrador, NL]

Thank you, Mr. Bélanger.

I just want to follow up, because it was an interesting discussion. We're faced with a number of pieces of legislation, and not all go as smoothly as Bill C-28, let me assure you. I'm sure it hasn't been smooth for you in terms of arriving here after decades of negotiation.

My understanding is that Bill C-28 was co-drafted with the Department of Justice. Is that a fair statement?

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Yes, I mean aside from Bill C-28. In the future, there could be one to do with the administrative and one to do with the larger governance?

[Bill Namagoose]

Well, not now, but Bill C-28 as it goes, is--

[James A. O'Reilly]

There are 100 km² of category 1A land, 67 km² of category 1B land and there will be more than 2,000 km² of category 2 land. Furthermore, by integrating the James Bay and Northern Quebec Agreement, these people will enjoy all of the rights that the other Cree have on category 3 lands. They will be able to continue to hunt and trap. They already enjoy the provisions of the Paix des Braves and the agreement between Canada and the Cree that Bill C-28 refers to.

In my view, this will provide greater security to everyone. At the present time, we can consider that these people still have their ancestral rights and that they are still a nation. Neither the non-Aboriginals nor the Aboriginals know where they stand. With this, it will be clear that these people fall under the James Bay and Northern Quebec Agreement. I believe that with the security thus being offered to everyone in the region, economic development opportunities will grow considerably.

[Bill Namagoose]

Yes, there is a commitment from the Department of Indian Affairs that we would deal with those amendments as called for by the Cree-Naskapi Commission. We have a process established for the Department of Indian and Northern Affairs, the Naskapi, and the Cree.

So there is a process that will come back and bring amendments again to this, but we feel that Bill C-28 should be passed as is. There is a process established to take care of those amendments, and it will take some time to agree amongst ourselves on how those administrative amendments should be. I think it had to do with referendums and borrowing bylaws. We will take care of those, yes.

[James A. O'Reilly, Legal Counsel, Oujé-Bougoumou First Nation]

Thank you very much, Mr. Chairman.

It has been a long time since I've been before the Standing Committee on Aboriginal Affairs. I've been working as a lawyer in regard to various Indian rights and claims for 43 years now. I was involved with the James Bay and Northern Quebec Agreement. Prior to that I had quite a huge battle with the Quebec government, the federal government, and Hydro-Québec.

This is a culmination of a very long quest for the Crees of Oujé-Bougoumou. As Mr. Namagoose has just told you, Chief Wapachee and Mr. Abel Bosum, who was chief for quite a while during the long trek, are out practising their traditional way of life. Unfortunately, you just have me as the witness for Oujé-Bougoumou. But I have been intimately involved in virtually every step of the way since the early 1980s.

It's not often that I can commend the justice department, because I've been locked in vicious battles with Canada throughout the land, in litigation in particular. In this instance, certainly in the last number of years, there has been exemplary cooperation. I point this out to your committee because sometimes, if the initiative were to come from Canada rather than having to come all the time from the aboriginal peoples, you might be amazed at the results.

Often Canada has a defensive position because it's attacked in court. Usually people go to court because they just can't come to agreements or compromises, because the parties are too far apart in principle. I suggest to your committee, in its work, that you consider asking the Department of Justice whether it shouldn't be taking a real advocacy role far more often. By advocacy role, I mean initiating the process. Don't wait for the aboriginal peoples, and for people to say, “Well, we're too far apart.” That's a personal recommendation that I've been wanting to make for a long time.

This is an example. The Oujé-Bougoumou were scattered throughout northern Quebec.

I believe that the Bloc Québécois members are the ones most concerned here because this involves their territory. They know that none of these battles were easy.

No one recognized them — except for the Cree Nation. Since the 1980s, they have made tremendous efforts to integrate themselves, to fit under the James Bay and Northern Quebec Agreement, along with their brothers and sisters from the other communities.

In terminating, I want to thank, this very rare time, the lawyers from the Department of Justice and the external lawyer, Ms. Deborah Corber, whom the Department of Justice hired. These were tough technical positions to have to try to refine in legalese, or legal language, but they accomplished it, and in a cooperative spirit. Maybe this is a new dawn, as I'm about to trod off to other areas, but certainly I think that one of the keys to better solutions for relationships between Canada and the aboriginal peoples of Canada is a cooperative spirit, which is exemplified here, in regard to the Department of Justice and the Government of Canada as a whole.

With that, and reiterating what Mr. Namagoose has said in his presentation, I will say that Oujé-Bougoumou is strongly in favour of Bill C-28 . Have no doubt about it, they've been wanting to have this day come--and the day when Bill C-28 will be, hopefully, proclaimed into law--for a long time. The complementary agreement is virtually finished. You see the parallel in the complementary agreement and Bill C-28. Parliament will have the chance, when it is filed in Parliament, for approval through a negative resolution to review the complementary agreement if there are any concerns whatsoever with it.

Thank you very much, Mr. Chairman. It is indeed a pleasure to come back.

[Bill Namagoose, Executive Director, Grand Council of the Crees]

[Witness speaks in Cree]

First, I'd like to thank the members for this opportunity to speak in favour of Bill C-28. We are delighted that Bill C-28 received all-party support in the House of Commons on May 7 and was referred to the standing committee.

The amendments contained in this proposed legislation comply with those that it was agreed would be recommended in the 2008 Canada-Cree New Relationship Agreement. The amendments will put the Cree community of Oujé-Bougoumou on the same footing as the other Cree communities with respect to local governance, as was agreed to with both Canada and Quebec, and the amendments will bring about an evolution of Cree governance structures from those originally recognized and agreed to in the 1975 James Bay and Northern Quebec Agreement.

The Cree community of Oujé-Bougoumou is composed of the families of Crees who once were known as the Doré Lake Crees and who, at the time of the negotiation of the James Bay and Northern Quebec Agreement, had been forced by mining development to relocate to other Cree communities and to camps around the region of the town of Chibougamau.

At that time in the early 1970s, the parties to the James Bay and Northern Quebec Agreement—the Crees, Canada, and Quebec—agreed to provide a just settlement for this community through subsequent discussions. These discussions culminated in the agreement in 1989 between Oujé-Bougoumou and Quebec and the Oujé-Bougoumou/Canada Agreement of 1992. Both these agreements dealt primarily with the long overdue construction of the community of Oujé-Bougoumou, but also provided for the integration of the Crees of Oujé-Bougoumou into the James Bay and Northern Quebec Agreement.

However, several issues and controversies remained outstanding. In 1993, the Crees of Oujé-Bougoumou instituted distinct legal actions against Canada and Quebec respecting their aboriginal rights, their status, breach of trust by Canada and Quebec, and claims for damages, including those from the forced relocations.

Resolution of these claims with respect to Quebec was provided for in the Paix des braves agreement signed with the Government of Quebec in 2002. An out-of-court settlement was reached with Canada in 2008, pursuant to the Canada-Cree New Relationship Agreement. The Oujé-Bougoumou/Canada Agreement of 1992 contemplates specific amendments to the Cree-Naskapi (of Quebec) Act respecting Oujé-Bougoumou, and Bill C-28 satisfies this important undertaking of Canada.

The Cree governance structures set out in the James Bay and Northern Quebec Agreement provided for the setting-up of a Cree Regional Authority under provincial legislation to oversee certain Cree responsibilities in respect to Cree involvement in regional governance and in regard to matters delegated to it by the Cree communities. Provisions in section 9 of the James Bay and Northern Quebec Agreement also provided for the incorporation of the Cree communities in federal legislation distinct from the Indian Act. The resulting Cree-Naskapi (of Quebec) Act was the first local self-government legislation for aboriginal peoples in Canada, and it broke from the colonial tradition of the Indian Act.

The Cree-Naskapi (of Quebec) Act was passed by Parliament in 1984 after several years of discussion between the parties and consultations with the Cree communities and the Naskapi Band. With great difficulty, a new funding regime was eventually put in place by Canada that was compatible with the assumption by the Cree communities of new responsibilities in respect to the planning priorities for their development and administration.

After adoption of the act, and to the present day, the Grand Council of the Crees of Quebec/Cree Regional Authority has acted as a forum for the concerted implementation of the act. It also continues to be the guarantor and protector of Cree rights. While the act opened the door for the assumption by the Cree communities of certain responsibilities concerning their development, there were still many aspects of the James Bay and Northern Quebec Agreement that had not been properly implemented by Quebec and Canada.

It was the announcement by Quebec of its intention to build further hydroelectric development projects in the territory—and particularly the Great Whale hydroelectric project—that sparked the Crees in 1989 to take out a comprehensive court action that sought to stop the proposed developments and also sought the implementation of those numerous aspects of the James Bay and Northern Quebec Agreement that had not been implemented by Canada and Quebec.

Without going into the details of the 1990s struggle of the Cree Nation, suffice it to say that in 2002 the Quebec-Cree new relationship agreement, also known as the Paix des braves, settled certain legal disputes between the Crees and Quebec. It also resolved immediate issues concerning certain hydroelectric developments and set a clear example for Canada with regard to the implementation of some of its obligations to the Crees under the same 1975 James Bay and Northern Quebec Treaty.

Under the Paix des braves, the Crees assumed responsibilities for certain of Quebec’s obligations under the 1975 James Bay and Northern Quebec Agreement, and Quebec provided for the funding related to this for a period of 50 years. This largely resolved the lack of congruity between Quebec's priorities and programs and those of the Crees, which had largely been the cause of the legal disputes.

When Canada and the Crees entered into out-of-court discussions from 2005 to 2008, this model of devolving to the Crees the planning and setting of priorities for the certain of the obligations that were in dispute was found to be adaptable to the issues between the parties. However, Canada went further in accepting the Cree view that it was time once again for another step in the evolution of Cree government structures and responsibilities.

The last two whereas clauses of the Canada-Cree Agreement of 2008 state:

WHEREAS the Cree Nation and Canada seek to improve implementation of the James Bay and Northern Québec Agreement, to provide for the assumption by the Cree Nation of greater responsibility for Cree economic and community development, to provide for the achievement of increased autonomy, and to better respond to the traditions and needs of the Crees by ensuring that decisions respecting the Cree Nation will be made at a regional level; WHEREAS the Cree Nation and Canada have been working and will continue to work cooperatively towards an agreement and conforming federal legislation relating to a Cree Nation Government with powers and authorities, to be negotiated, beyond the scope of the Cree-Naskapi (of Quebec) Act;

Chapter 3 of the agreement also states a two-part program for the evolution of Cree governance. It states:

The purpose of this Chapter is twofold: a. As a first step, Part 1, in order to better enable the CRA to receive and carry out the Assumed Federal JBNQA Responsibilities (as listed in Section 4.3 of this Agreement), to equip the CRA with by-law-making powers similar to those of the Cree bands under the CNQA, through proposed amendments to that Act; b. As a second step, in Part 2, to set out a process for negotiations leading to a Governance Agreement, Governance Legislation and possible amendments to the JBNQA and to the CNQA concerning a Cree Nation Government with powers and authorities beyond the scope of the CNQA and its amendments in Part 1 of this Chapter. Such negotiations, if successful, would expand Cree Nation governance beyond the CNQA powers by establishing the structures and powers of a Cree Nation Government and the relationship of such Government with Cree bands and federal and provincial governments.

The amendments before you today in Bill C-28 accomplish part 1 of this program and are set out in chapter 3 of the new agreement. The discussions on part 2 are beginning, with the involvement of Canada, Quebec and the Crees. The intention is to present a new Cree Nation governance law for your consideration within three to five years.

In brief, the phase one amendments call for a recognition in the law of the following powers of the Cree Regional Authority: one, to pass bylaws that have force in the Cree communities and to provide for their public availability, and to provide for the passage of standards that exceed federal and provincial standards; two, these bylaws would include central sanitation services, housing, building use for regional governance, fire departments, protection of the environment, including natural resources; three, to manage funding and assets; four, to promote the welfare of the Crees and the Cree Bands; five, to preserve Cree culture, values and traditions; six, to assume certain federal responsibilities as may be agreed to; and finally, to empower the Eeyou-Eenou police force on category 1 lands.

Moreover, the agreement calls for Canada to consult the Crees on the amendments contained in Bill C-28. Canada has done this, and we are satisfied that the requirements of the agreement will be met by the proposed amendments, once passed by Parliament.

In fact, we commend the representatives at the Department of Justice for the courteous and insightful manner in which they have carried out their work in consultation with us. Moreover, both Canada and the Crees have consulted the Inuit through their representative organization, the Makivik Corporation, and also both parties have consulted the Naskapi Band. From both the Inuit and the Naskapi Band, we have received assurances that they accept and do not object to the amendments and that their rights are rendered safe and untouched by them.

We are pleased to answer any questions you may have.

First of all, Mr. Chair, I bring greetings from Grand Chief Matthew Mukash and Deputy Grand Chief Ashley Iserhoff. They were unable to make it today because they are practising their traditional way of life on the land, goose hunting. It's that time of year in our nation. Chief Louise Wapachee is out on the land also practising a traditional way of life. Some of us get to preserve our culture, and so I'm here on their behalf.

Also, as you know, Oujé-Bougoumou is part of the Cree Nation. James O'Reilly may have some comments with respect to this presentation.

[The Vice-Chair, Liberal, Todd Russell]

My name is Todd Russell. I'm vice-chair and I'll be filling in for our chair, Mr. Stanton, for a short period of time.

On the order paper today is BillC-28, An Act to amend the Cree-Naskapi (of Quebec) Act.

Witnesses appearing today for the Grand Council of the Crees are Bill Namagoose, executive director; Brian Craik, director, federal relations; Denis Blanchette, legal counsel, Gowlings Montreal; Pierre Pilote, legal counsel, Gowlings Montreal; and on behalf of the Oujé-Bougoumou First Nation, James O'Reilly, legal counsel.

I welcome you all here this morning. We look forward to your comments. I believe you've already been informed that because of the joint presentation we will allow about 20 minutes for you to speak in whatever order you please and to present as you wish.

I welcome the first speaker.

[Todd Russell, Liberal, Labrador, NL]

Thank you, Mr. Chair.

Good morning, Kevin and Paul. It's good to see you here again.

It's very interesting, but strange things are happening at committee, or just before committee. I listen to Kevin talk about the FFA with Nisga'a and then we hear the parliamentary secretary announce that they're seeking a different mandate than what you've been informed about. That's quite interesting. Maybe we should have committee meetings more often where you show up, so the implementation could be a little more hurried.

I would like to make one point, because a lot of times in the Canadian public there is a myth perpetuated, even amongst parliamentarians at times, that somehow you always come to the table asking for something. But land claims were a huge compromise for aboriginal people. They were a huge compromise. They came under a lot of stressful conditions at times and people gave up a lot. Aboriginal people have given up a lot in terms of their lands, certain rights to lands, and in fact, certain ways of living. I think Canadians always have to be aware of this, because there's a myth always being perpetuated out there.

We're dealing with Bill C-28, the Cree-Naskapi act, and problems stemming from a land claim agreement back in 1975 and subsequently in 1984. In Labrador we have the Nunatsiavut land claim agreement that was signed in 2005, and they're already experiencing problems with implementation and with the government living up to the spirit and intent of the treaty itself.

You've made these specific proposals to government, I understand. What has the government response been? What has the minister's response been to what basically are the four pillars, if I can put it that way, of a new treaty implementation policy? What has the minister's response been?

Also, is the minister going to be at the Land Claims Agreements Coalition conference this week? I understood that he was supposed to be there.

Cree-Naskapi (of Quebec) Act

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Madam Speaker, thank you for giving me the opportunity to rise here today to take part in the debate on Bill C-28.

I listened to the constructive comments made a member of the Standing Committee on Aboriginal Affairs and Northern Development, the hon. member for Nanaimo—Cowichan. It is nice to see such a constructive debate on a bill introduced by my hon. colleague, the Minister of Indian Affairs and Northern Development, the hon. member for Chilliwack—Fraser Canyon. It is nice to see the work accomplished by my colleague, the minister, in this file. As we have just seen, the best compliments we can receive are those of the opposition. We have just heard some very constructive comments in that regard. He was also supported by the team from Indian and Northern Affairs Canada, which I had the pleasure to serve, unfortunately not with the current minister, for obvious reasons. Nevertheless, I believe that this bill is the result of very hard work under the leadership of our minister.

Why is Bill C-28 so important? Because it amends the Cree-Naskapi (of Quebec) Act. Consider, for instance, the James Bay Cree and the Naskapi in the communities of Schefferville. This legislation enshrines their rights in Canadian law through a new relationship, as we have just heard. It was negotiated and signed by representatives of the Government of Canada and the Cree of northern Quebec.

The agreement concerning a new relationship is not an ordinary political document; nor is it a measure aimed at correcting an oversight or eliminating a loophole in existing law. Neither is it a standard commercial contract to be put aside as soon as the ink is dry.

The agreement concerns a new relationship and it marks a real milestone in the history of our country. It settles long-standing disagreements between the federal government and the Cree of northern Quebec. It assigns federal responsibilities in key policy fields to the Cree regional administration. It makes available to all governments—federal, provincial and Cree—a clear, equitable and logical method of achieving the essential objective of ensuring that the Cree people of northern Quebec will have genuine self-government.

As a matter of fact, if it succeeds in these three important objectives, the agreement concerning this new relationship will have accomplished what we should expect, that is, the establishment of a solid base on which the Government of Canada and the Cree can build this new relationship.

This is a relationship based on principles such as equality, confidence and mutual respect, which integrates the Cree more closely into the economic and political life of Quebec. It is a relationship that takes us out of the courtrooms and lawyers' offices and brings us together so that we can devote our time and energy to something truly worthwhile, namely, working to develop aboriginal communities, to strengthen families and to build communities where education, housing, and occupational, recreational, community and economic activity can fully develop. Those are the noble objectives at the heart of this agreement concerning this new relationship.

What is more important is that it not only provides tangible benefits to all the parties; but it turns loose some powerful forces within first nations communities, because they have ambitions. I am thinking, as I mentioned, of the nine communities in northern Quebec that lie east of James Bay and south of Hudson Bay. I think, among others, of Joe Linklater, chief of the Gwitchin Vuntut First Nation in the Yukon, who has spoken forcefully of the continuing usefulness of the kind of treaty that we are discussing today and of its impact on first nations communities. Here is what he said last year in his testimony to a Senate committee: “I keep telling people that these agreements have not been negotiated to obtain resources for us; they are negotiated to give us the ability to take charge of our lives and to become self-reliant.”

He speaks of taking charge and becoming self-reliant. Those few words sum up exactly what the Cree of northern Quebec expect from this new relationship. That is precisely what Bill C-28 will help them to accomplish by putting into law certain aspects of the agreement on a new relationship.

The solid footing and permanence of an agreement like this, and by extension Bill C-28, are no accident. They are the outcome of genuine consultations between federal government officials and the Cree communities, and between the Cree leaders and the people they represent. That means there were broad, far-reaching consultations at each stage of the process, from the negotiation of the agreement to the drafting of Bill C-28, including efforts to find new areas for collaboration.

This is what I mean by collaboration. The consultations started when negotiations began. They were not held at the upper level only, negotiator to negotiator. The leaders of the nine Cree communities in the region played an active role in the discussions about the main issues involved and in advising the negotiators on those issues.

The Cree leaders, with the negotiators, focused particularly on the question of governance. More specifically, they brought their experience and their perceptions to the negotiating process. They gave the managers of crucial community operations presentations on specific subjects and on important technical issues in connection with the agreement. In addition, the residents of the nine Cree communities were kept constantly up to date on the plans.

The virtually complete support given by the residents affected by the agreement is testimony to the value of those consultations. A majority of the Cree residents voted in a referendum and an overwhelming 90% majority of them voted in favour of the agreement. Today, it is clear to parliamentarians that the other party is in complete agreement with the kind of project developed by my colleague the Minister of Indian Affairs and Northern Development.

This agreement is the product of meetings between the federal representatives and meetings with the Cree leaders during the preparation of the bill, to ensure that it reflects the intention of the negotiators and assigns responsibilities to the regional authority so it can take over certain federal jurisdictions. As a result, Bill C-28 offers a promise for the future.

I would like to add that this consultation-based approach has continued and is still going on today. The governments of Canada and Quebec, with the Crees, have established a number of discussion forums. Those forums offer the three governments a structured process for negotiating the possible transfer of additional federal and provincial powers to the Cree Regional Authority.

I am convinced that this process of consultation and open participation in the new framework that has been developed in the last two years, with a relationship based on goodwill and trust, offers a fine illustration of the collaboration that has developed between the Canadian government and the first nations communities in this country. These values, of equality, respect and trust, are what are needed to promote self-determination by aboriginal communities and their progress toward self-government.

In conclusion, I of course urge my colleagues to support this bill, on which there is broad consensus. Naturally there are other challenges, but by working together with the first nations, who are a force for change—and we need only think of all the young people in aboriginal communities who can make a contribution to our economy and our social, cultural and community development—our society will be able to make an investment and reap the fruits of that investment.

I will be happy to answer any questions about this speech.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Madam Speaker, it must be a shock for the minister. Though he was not able to hear it, I actually acknowledged that the process over the last two years was fair and reasonable and that I appreciated how it was expedited. Maybe I did not actually get the words “Conservative government” out there, but there certainly is a shift in relationship, and I think it is a positive shift.

With regard to arbitration, I believe I did say that both parties have to agree to arbitration. I acknowledge it is important that first nations have the right to not go to arbitration.

We have seen in the past, and I am referring to the land claims coalition, that it has indicated the government has been unwilling to go to arbitration. In fact the land claims implementation is a very sore point for other nations that have signed land claims or self-government agreements. Again, it does not rest with the current government that in the past the land claims implementation has been a slow and painful process. I have looked at some of the previous Auditor General reports stating that governments not only need to implement the letter of the agreement, they need to look at the spirit and the intent. We have seen in the past with regard to land claims agreements that the department has crossed every t and dotted every i and looked for every possible way to not implement those agreements.

I know the land claims coalition will be in town next week. In the spirit of Bill C-28, since we have seen this move to improve relationships, I am ever hopeful that we will see some movement in terms of implementing those agreements in a fulsome way, honouring the spirit and intent of them.

With regard to the dispute resolution, I think it is going to be important for us to review how successful the dispute resolution mechanism has been once it is fully implemented and people have had an opportunity to use it. If it is successful, that may be a model that other nations want to look at adopting aspects of, as it fits their particular communities.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Madam Speaker, the parliamentary secretary and I served together on the committee. I do appreciate the hard work of all the committee members. It is one of the committees that functions quite well in this House, and I think that is a tribute to all members on the committee.

The thing I like about the dispute resolution process is the fact that the Canada-Cree standing liaison committee is the first step. Because there has been a drastic improvement in relationships between the Cree and the Crown, in this case the current government, we look forward to the shift in that relationship. People are coming to the table with goodwill to work on some of the issues.

Bill C-28 is symbolic of that. When the commissioners came before the committee two years ago, that was not the case. In fact they said in their 2006 report that it was essentially a poisonous relationship between the government and the Cree-Naskapi. We have seen a shift over the last couple of years in that relationship, and a willingness.

This dispute resolution process signifies that shift in relationship. The fact that we have this mechanism with the Cree-Canada standing liaison committee to refer matters to first, and if they cannot be resolved they are referred to mediation, is a positive step.

The parliamentary secretary asked me if I had any suggestions for improvement. I would hope that if matters end up having to go to arbitration the government would not stand in the way. I know that, generally speaking, parties have to agree to arbitration, but the government's track record in terms of going to arbitration has not been stellar. It simply has not agreed to do that. Again, it is not just this government, it was past governments as well.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Madam Speaker, like my other colleagues in the House, I am pleased to rise today in support of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act. This is important legislation and I believe there will be agreement on all sides of the House to expedite it.

From the government's own briefing documents, I want to put this into context.

The Cree-Naskapi (of Quebec) Act is considered to be the first aboriginal self-government legislation in Canada. It recognizes local aboriginal government and established a system of land management before the federal government's 1995 inherent right policy.

The act came into force in 1984 in fulfilment of the Government of Canada's obligations under two historic agreements: the James Bay and northern Quebec agreement and the northeastern Quebec agreement.

The James Bay and northern Quebec agreement contains specific obligations in relation to the Cree Nation and the Inuit of northern Quebec. The northeastern Quebec agreement contains specific obligations in relation to the Naskapi Nation.

There is a lot more historical information but I want to get to the proposed amendments that are before the House. This is a very brief summary of them. The proposed amendments would carry out two main objectives: first, equip the Cree Regional Authority with additional responsibilities and powers, including bylaw-making powers, so that the authority is better able to receive and carry out certain specific responsibilities that were assumed by the federal government under the James Bay and northern Quebec agreement; and second, recognize the Crees of Oujé-Bougoumou as a separate band and local government under the Cree-Naskapi (of Quebec) Act.

I wanted to provide the House with that historical context because I also want to talk about the process.

It is important that the people who are actively involved in this be heard in the House through a member of Parliament, because, of course, community members do not have the right to speak in this place. Rather than my paraphrasing, I will use the words of some of the commissioners who came before committee on May 5. They talked a bit about the process and their support for this legislation and what else needs to be done.

We have before the committee Mr. Richard Saunders, the chair of the Cree-Naskapi Commission; Commissioner Robert Kanatewat, who is a Chisasibi on James Bay; and Philip Awashish, from the Mistissini of the Eeyou Istchee interior.

The commissioners came before committee because they wanted to talk about the Cree-Naskapi commissioner's report that appears biannually. Over a number of years, the commissioners, on behalf of their people, have raised the need for these amendments. We are talking about a 19 year process here.

Part of the reason that we are looking at these kinds of amendments is because when the initial agreement was signed in 1984 there was no parallel implementation plan and no requirement for an implementation plan in the legislation. Without that implementation plan, there were delays in moving forward on initiatives that would have benefited the Cree-Naskapi.

In a briefing note that was provided to committee by the commissioners, they talked about this implementation plan. They said:

Typically, the process of implementation, as in the case of the Cree-Naskapi (of Quebec) Act, has been that Parliament enacts legislation and its administration and implementation remains the responsibility of the Minister of Indian Affairs and Northern Development.

As a parenthesis here, I must say that the current Conservative government has inherited many of the problems that were seen under previous government regiments.

They go on in their briefing notes to say:

Throughout this traditional form of implementation, the Cree and Naskapi peoples are denied a meaningful role in the decision-making process even though they (the Cree and Naskapi) are most impacted by the application, administration and implementation of the Cree-Naskapi (of Quebec) Act. The conventional style of implementation is frequently insensitive to the actual needs and aspirations of the Cree and Naskapi peoples and has resulted in symbolic implementation that amounts to no real change in how decisions are made and in how things are done.

In the actual testimony before committee, when the chair of the commission was talking about this particular act and the proposed amendments and report, he said:

There's really not much disagreement on the part of anyone about that. It's really both a symbolic and housekeeping amendment and we're glad to see it. We would note, without being unduly cynical about processes, that this has been promised for the last 19 years and finally the amendment is here. Hallelujah!

That 19-year time frame reflects missed opportunities. It reflects the fact that governments over any number of years have disregarded the ongoing reports by the commissioners calling for these amendments.

The chair of the commission pointed out that this bill was largely a housekeeping bill and that there were other uncontested non-contentious amendments that were very necessary. The Cree is asking that the legislation be expedited and that the process that was used to get to these amendments, which has sped up over the last couple of years, be used to look at the rest of the non-contentious amendments so the peoples of that territory are not waiting 19, 20, 25 years for the next series of amendments that are largely housekeeping.

He goes on to talk about some of these other potential amendments. He says:

If I might just let me say where our concerns lie. This also reflects to some extent what the Cree leadership have told us many times. Recommendations for change to the act, housekeeping amendments, all sorts of things have been recommended, as I noted for 19 years some of them.

Some of these changes are things like referenda. He cites a particular instance:

If the Crees want to transfer a piece of land in a community to the Cree school board to build a Cree school on, they've got to have a referendum. Think about it. In your communities, how many folks would come out to vote on a referendum for the municipality to transfer a piece of land to the school board.

The Crees agree that in some cases a referendum is appropriate but they are saying that so many other levels of government do not require referenda to make decisions in their communities, nor do they have to meet the kinds of percentage levels that are required under the referendum parts of the original 1984 act. That is one housekeeping amendment that they are suggesting, and there are many more. Some are around how band council elections are conducted.

I would urge the current government to use the process that it has already put in place to get to these amendments to ensure we can expedite the next series of amendments.

While I am talking about that kind of process, I want to reference the United Nations declaration on indigenous rights, which talks about many different things, but in the context of this particular legislation before the House, it applies prior and informed consent and the right to make decisions on lands that are within the first nations' traditional territories. This legislation reflects that there is prior informed consent.

What we have heard from the commissioners and other representations is that the Cree-Naskapi and Oujé-Bougoumou feel that they have been included in the process that led up to this legislation and it does reflect the use of their own lands.

A number of members have talked about self-government. I want to use the words of the commissioners who appeared before the committee. They stated:

One of the things we've been pushing for years is the need to make the law accommodate and empower the Cree way of doing things, consistent with the charter and so on to make it a tool for the communities to use so that when the community decides to do something and it's a legitimate decision, then there is legislative capacity to give that effect and to protect it from attack from people who want to argue that the election was a day late and therefore it's invalid.

The problem is that very frequently the act doesn't sufficiently empower the communities. With all due respect, it's a great improvement over the Indian Act, but it suffers from some of the same straightjacket that the Indian Act has always imposed, and that's inevitable. Yes, it was written with negotiation but it was ultimately written by people who have written things like the Indian Act for years. There's a need to break out of that box and to make sure that traditional and customary law, to the extent possible.... And we all recognize the charter, the Criminal Code, and other instruments that we all respect and share, but within those contexts there's a need to make this act a tool of empowerment for the Cree community so they can get on with doing things.

In that context, the bill does not specifically deal with that. The next series of amendments that are required is to really take a look at implementing full self-government. As the commissioner pointed out, this is certainly within the context of the Canadian charter and other legislative frameworks, but what the Cree-Naskapi is asking for, not only asking for but is entitled to, is full self-government and a legitimate request that they be treated on a nation-to-nation basis.

We have heard from other nations that in the ongoing negotiations with the present government and previous governments, there has been a great deal of difficulty in recognizing that nation-to-nation status.

We heard this morning at committee from treaty one in the treaty land entitlement committee, that nation's nation status continues not to be recognized and, arguably, that we would see improved conditions in many first nations communities with that autonomy, that control over their own destiny, and so would look to the government to use this process that they have used to get to this new relationship agreement, to look at these amendments, because that could have a meaningful impact on communities.

I just want to touch for a moment on the new relationship agreement between the Government of Canada and the Cree of Eeyou Isctchee. This is a framework that was hammered out and part of the legislation today deals with a couple of elements in this framework agreement.

The dispute resolution process is not part of the legislation but I want to touch on it briefly because it is an important part. In other land claims implementation agreements, we have seen that the dispute resolution mechanism has not worked very effectively. Often the Government of Canada has simply stepped away or not consented to be involved in the dispute resolution if it does not see it as being to its benefit.

Under this new dispute resolution process, there will be a Cree-Canada standing liaison committee that will be the first place where disputes can be brought for resolution. I understand from the parties involved that they are optimistic that this will be much more successful in dispute resolution so that things do not get dragged out for decades before there is some conclusion to the differences in opinion. The Cree-Canada standing liaison committee is a first step. If that is not resolved, then there is an opportunity for mediation and then, ultimately, arbitration, although my understanding is that at the arbitration level the government must commit to going to arbitration if that is required.

I wanted to comment on that because it has been largely ineffective in other agreements. I look forward to seeing how this works. I am hopeful that this does expedite some of these claims and differences of opinion so that nations can get on with the kind of economic and social development that is so important for the lifeblood of their communities.

I want to touch on one other thing. Although it is outside the context of the act, it does bear raising attention. When the commissioners came before the committee on Tuesday, they raised a number of issues that they had raised during their appearances before the committee about two years ago, and housing continues to be an issue. As part of this current legislation, a substantial amount of money will go into the communities, but there is still an obligation on the government's part around housing.

I want to point out some of the differences in these communities. Part of it is that in other first nations communities people are leaving reserves. The commissioners were very careful to point out that this is actually not the case on the Cree territories. They are saying that the Cree has a 95% retention rate of their young people. The very success of those communities, economically, educationally and otherwise, is part of the pressure that is created on increased population growth.

This is about the fact that there is inadequate housing in the Cree communities. They wanted to point out that a template or a model that is used to create housing for some nations does not work in their territory because of the 95% retention rate. We have healthy, vibrant communities where young people want to stay, get their education and work. Therefore, we need policies that are not those template policies that are just applied across the board.

Quebec is looking for regional formulas that actually reflect the regional needs. I believe this legislation is an opportunity for us to raise some of these other issues and encourage the government to be proactive in working with the Cree communities in order to resolve some of these other issues.

The NDP is fully supportive of Bill C-28 and see it as something that can be used as an encouragement for other nations and for the Cree themselves in looking forward to some progress in some of those long outstanding areas.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, usually, we are the ones who put questions to the minister, who then thanks us. This time, I am the one who is thanking the minister for his question.

We are still working very hard on this issue. For the benefit of my colleagues, I should point out that this issue—and specifically Bill C-28—applies directly to my colleague's riding, namely Abitibi—Baie-James—Nunavik—Eeyou. I am very involved in this issue, which is very important and which I have been following very closely for a number of years. Even when I was working as a lawyer, I would follow these negotiations with great interest.

I will respond to the minister by saying that he is absolutely right. There should be such aboriginal governments in place. Since my reelection in 2006, I have been the Bloc Québécois critic on aboriginal issues. The main problem that comes to my mind is the lack of continuity. At some point, we will have to sit down and ask ourselves whether aboriginal community chiefs should be elected for a period of four years, instead of two years. We are giving this some thought. Personally, I am thinking about this issue. There is a lack of continuity, and that is the first problem.

The second problem is that it is impossible to have seven Algonquin communities that barely speak to each other, if at all. Yet, they have the same problems. I know the Algonquin nation well, because almost all of its members live in my riding, with the exception of the members of the Kitigan Zibi community, located in Maniwaki, in the riding of Pontiac, which is represented by the Minister of Foreign Affairs. However, these ridings are all adjacent.

So, why not sit together, make the same claims, and perhaps meet with the government to negotiate a similar agreement? After all, it is not a bad agreement. It is true that some communities may have a bit of a problem with that. In order to get along, it is important to sit down and talk about the same claims. Currently, if a mining company wants to conduct mining exploration in the Abitibi-Témiscamingue territory, it must deal with five communities. Why not consult the tribal council of the Anishinabeg Algonquin nation? Right now, companies consult the Attikamek, and they will consult the Cree communities. I personally think that we will have to go in that direction, because there are too many important issues affecting these communities.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, first, I would appreciate it if you could let me know when I have one minute left, because I think I could go on for at least 25 to 30 minutes. Since I only have 20 minutes, I will try to be brief.

I want to salute the students of the Polyvalente Natagan, located in the community of Barraute, in my riding. They are here today as part of a visit to Parliament Hill. I salute them. I am going to give them a brief geography and history lesson, and I hope that it will be part of their June exam.

We are witnessing a historic moment here, and I think it is important to mention it. I would like to pay tribute to the Minister of Indian Affairs and Northern Development, who worked on this project, and also to Matthew Mukash, Grand Chief and President of the Grand Council of the Crees, to Ashley Iserhoff, Deputy Grand Chief and Vice-President of the Grand Council of the Crees, to Roderick Pachano, authorized representative of the Chisasibi Cree nation, to Losty Mamianskum of the Whapmagoostui First Nation, to Rodney Mark of the Wemindji Cree nation, to Lloyd Mayappo of the Eastmain band, to Steve Diamond of the Waskaganish Cree nation, to Josie Jimiken of the Nemaska Cree nation, to John Kitchen of the Waswanipi band, to John Longchap of the Mistissini Cree nation, and to Louise Wapachee, authorized representative of the Oujé-Bougoumou Eenuch Association.

These people represent hundreds of Cree who signed a critically important agreement that led to Bill C-28. In this agreement, which I have here, it is clearly mentioned that a bill—and that is Bill C-28—would propose amendments to the government and to the Parliament of Canada, within 18 months of the coming into force of the agreement, which was signed on February 21, 2008.

It is now very important, not to say urgent, that we respect the signatures that appear on this document. This is why the government had to introduce a bill in this House to ratify the agreement. I am telling the students that this agreement must be ratified. It covers a huge territory in northern Quebec, north of the Abitibi-Témiscamingue region, on the edge of James Bay. That territory surrounds all the hydroelectric dams that Quebec wants to build. Therefore, it is a very important agreement that will help the Cree fulfill their desire to achieve self-governance.

It is important that I indicate that the Bloc Québécois will support this very important bill. The Bloc Québécois recognizes the right of the aboriginal peoples to self-government. This agreement gives effect to that right for the Cree nation. Obviously the bill does not solve all the problems. I think many of us would quickly vote for a bill if that were all it took to end poverty, alcoholism, diabetes and serious crime in isolated communities. Unfortunately, things do not always work as we would like. Some of the more frequent problems in aboriginal communities are inherent in living in what we call remote communities. It is important that we realize, that we sit down and negotiate with the aboriginal people, because one day we will have to understand that we are living on aboriginal land. Even this Parliament, in Ottawa, is on aboriginal land, Algonquin land.

We will have to understand that one day, and agree to negotiate and share this land with the aboriginal communities.

The Bloc Québécois recognizes that the aboriginal peoples are distinct peoples with a right to their cultures, their languages, and their customs and traditions, and with the right to determine for themselves how to develop their own identity.

This bill is a step in that direction, in my opinion, and that is why I have recommended that my colleagues in the Bloc Québécois not only support the bill, but do so as quickly as possible, to expedite the implementation of the bill. I therefore hope that our Senate colleagues will give it speedy consideration so that Royal Assent can be given before the June recess.

Madam Speaker, before you took the chair, I said I would like you inform me when I have one minute left, or else I would have enough to say to fill at least half an hour or three quarters of an hour. I am not sure that some of my colleagues would appreciate it if I took part of the afternoon to talk about the importance of this bill, which has a direct impact on the aboriginal people in a region that certainly needs the agreements that will result from these bills.

It is rare for us to be able to say that the government has acted in concert with the Cree communities. In this case, it must be said. In fact, unstinting work has been done by the Grand Council of the Crees, but I also think that there was work done jointly, not only with the Cree communities but also with the government of Quebec and with the communities concerned. What we must not forget is that this affects the Naskapi communities. In Kawawachikamach—and I am eager to see how that will be translated and typed—there is a Naskapi community on the border of Labrador and it is affected by this agreement.

I asked the Minister the question and I got the answer I expected. This kind of agreement will have to be made for the Naskapi nation because it is a question of the development and survival of the aboriginal nations, and in particular Kawawachikamach, a very isolated community north of Schefferville. I would add, for my students who will have to look on a map to see where that community is, it is in the extreme eastern point of Quebec where it meets Labrador. The Kawawachikamach nation is a very important part of this.

Let us remember that this bill flows from the James Bay and Northern Quebec Agreement, which was signed in the 1970s. The Government of Quebec had made hydroelectricity a priority. As a result, it was necessary to divert rivers and construct hydroelectric dams. That produced the power stations known as La Grande-1, La Grande-2, La Grande-3, and now La Grande-4. They were influencing rivers that affected James Bay.

The problem was that nobody spoke with the Cree, who had been living on that land for thousands of years. There were lawsuits, injunctions and many legal proceedings before the government stopped and admitted that they were right in the middle of Cree ancestral land. They were obliged to sit down with them before planning to develop those hydroelectric dams. That led to the James Bay agreement that is now know as the James Bay and Northern Quebec Agreement.

Nine years after that agreement was signed, the first settlement agreements were reached. The Government of Quebec was concerned because of the hydroelectric basins; but the federal government was also directly involved because of the ancestral lands and the land claims of the Cree people.

Bill C-28 is the result of the agreement between the Government of Canada and the Cree of Eeyou Istchee that was signed February 21, 2008. The terms of the agreement call for it to be implemented within 18 months, and, if I count properly, those 18 months have almost expired. That is one reason why the Bloc Québécois will support this bill without reservation and will do its utmost to see that it is adopted at all stages.

I want to explain how that process works for the benefit of my students. Once the bill has been adopted here, it must be sent to a committee for review. We agreed this morning at the Standing Committee on Aboriginal Affairs and Northern Development that this bill would be reviewed and adopted quickly so that it will come into force before the end of the session, or the beginning of September, at the latest. That is absolutely necessary. Large sums of money are at stake.

I can respond immediately to a question from my colleague from Churchill about the amounts involved. One billion and 50 million dollars will be distributed over a number of years. The parties agree that within 30 days of royal assent, $100 million will be distributed to the Cree communities involved. That is why the bill must be adopted. Within 30 days of royal assent, the government must pay out another $200 million, so that a total of $300 million will be distributed very quickly after royal assent. One may think that is a lot of money for the Cree, but keep in mind the development of the Oujé-Bougoumou community alone cost $110 million.

A huge number of things remain to be done, and major issues need to be settled. I repeat, money will not solve the problems of alcoholism, health issues, school drop-outs and crime in the communities. Money will probably help isolated communities to take control of their situation, provide broader access to water, get their schools working better. Aboriginal people absolutely must take over control of their lives. This funding will be used to train tomorrow's leaders of the Cree community. There are some leaders now but more are needed. This money will go to help the communities.

The communities are experiencing a phenomenal growth spurt. Their annual birth rate ranges between 3% and 5%. In our fine communities, everything is great. We get the necessary services, garbage is picked up, drinking water is available at the turn of a tap. In aboriginal communities, water pipes have to be installed, housing has to be put up on land that is very often not that easy to build on. The funds will go to help the Cree communities to take charge of their future.

Another important point: this bill, which confirms the agreement, will allow the Cree community to enact bylaws in areas that affect it directly, public health and safety, protection of the environment and prevention of pollution, as well as all other sectors that are administrative in character such as the administration of justice and economic and social development. Last year, the Cree-Naskapi Commission, which administers and oversees agreements between the Cree and the Naskapi, made recommendations to us and Bill C-28, which I hope to see passed promptly by this House, will implement those recommendations.

There is also an agreement on what is termed the land. There are three categories, and I know this is highly complex, but there are Category I, II and lll lands. I could make a comparison with chicken grading. Those in what would correspond to Grade A, which is Category I, are the best, the closest to them. Then comes Category II, which are a bit further away, under provincial jurisdiction, for instance, and then Category III is Quebec crown land.

I have shortened my remarks so that I would not take up several more minutes of the members’ time. What I want to say is that an agreement has finally been reached with the Cree. We now have an Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee and can proceed with the definition of the land categories. This is very important and even the very heart of the agreement. There is not just money involved. We will finally know that this parcel of land is category I and that one is category II.

I will provide an example. We have even agreed that category II lands will cover an area of 155,000 square kilometres. These lands will be administered by the Cree and the regional authority. This is Quebec land too and authority is shared. We still have to determine who can hunt and fish, identify ZECs or controlled harvesting zones, agree on how ZECs will be organized, who will have fishing licences, and when they can go fishing. These are the category II lands.

Category I lands are under federal jurisdiction and they too are also in part under Cree jurisdiction.

The Cree and Naskapi have exclusive rights—and this gets important—over Category III lands. These lands cover 911,000 square kilometres, which is hard to imagine but let us try. My riding is 152,000 square kilometres, so these lands are five or six times as large. This is a huge area over which the Cree and Naskapi—agreements still have to be signed but talking for the moment about the Cree—will have exclusive rights and where their communities will participate in the administration and development of the land.

In the category IA lands—because there are I, IA, IB lands—it gets very complex and I would therefore like to congratulate everyone who worked on this project for so long, both personally and on behalf of the Bloc Québécois. Speaking of land categories, negotiations are currently being held with the Innu and the same debates will arise.

It is the same with the Attikamek south of Lake St. John. The entire reservation stretching toward Lake St. John and even a bit beyond is Attikamek territory. Beside it are Innu lands. All these divisions and definitions of lands will be very important and might be used—as time will tell—with the communities and grand councils, such as the Grand Council of the Cree. The Grand Council of the Attikamek and the Grand Council of the Innu will also be affected.

If I have one wish, it is that some day—and I am sending my Algonquin friends a message here—the Anishnabe will also form a single Grand Council of the Algonquin Anishnabe so that they can pool their knowledge and efforts and ensure that the government stops—I am weighing my words—exploiting them and confining them to small areas of land. They are not even consulted in connection with hunting, fishing or mining.

Since you are indicating that I only have two minutes left, I will go a little faster. I am going to conclude by saying that this is a very important bill which is the result of a good consultation process—and I mean that—between the federal government and the nine Cree nations. I do not think I am wrong when I say that, based on the information that I received, the 10 nations—because a tenth one will soon be recognized—are very pleased with this agreement, and they hope that it will be conveyed and adopted through Bill C-28, at the earliest opportunity.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, every part of Canada and different aboriginal peoples have a different sense of history and a different sense of tradition. In Labrador we have the Inuit, the Métis and the Innu. In Labrador we already have a comprehensive land claim and self-government agreement. It is called the Nunatsiavut agreement and it was ratified in June 2005. They already have moved to an area where the Cree of Eeyou Istchee want to be. It may not reflect the same type of parameters or powers, but this is where Bill C-28 helps the Cree move.

The Innu have their own vision of self-government and where they want to go. They are negotiating with the province of Newfoundland and Labrador and the Government of Canada. There has been some signing of an initial agreement called New Dawn with the Government of Newfoundland and Labrador, and I understand the negotiations continue with the Government of Canada.

To resolve land claims in Labrador and aboriginal rights and title, I have encouraged the minister and the government to seriously look at the comprehensive land claims as were submitted by the Métis Nation of Labrador so that all people in all of our communities are included, that they feel there is some settlement and resolution, that their aims and aspirations are taken as seriously as the other aboriginal peoples in Labrador and elsewhere in the country.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I listened carefully to the hon. member, and I think he made thoughtful observations.

I would like to know if such an agreement could apply to communities in the province of Newfoundland and Labrador. Also, regarding such a proposed agreement, I would like to know if Bill C-28 could, without applying integrally, serve as a basis for negotiations on territorial agreements, or on self-government for communities located in the member's riding.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, it is my understanding from the new relationship agreement between Canada and the Cree of Eeyou Istchee that there will be no movement toward the more fundamental piece of a self-government agreement with the Cree, a Cree constitution and fuller Cree governance, without the passage of Bill C-28. Bill C-28 is an essential step in moving toward these more fundamental agreements.

I have not fully read the new relationship agreement, but I understand that the types of parameters that will guide the negotiations over the next five years toward self-government for the Cree of Eeyou Istchee are outlined in it. I will leave it to the negotiators in terms of what is finally put in the agreement.

Grand Chief Mukash, the commissioners of the Cree-Naskapi, and the negotiator, Bill Namagoose, see Bill C-28 as essential, but they also look forward to the promise of more comprehensive negotiations on this self-government agreement.

I understand there will be some recognition of the traditional governance of the Cree people. It is important to recognize what was there before settlers arrived, before there were other forms of government. It is essential because it lifts people up and it makes them feel valued.

I look forward to the day when we have new Cree governance structures and a new Cree constitution. I hope I am around to celebrate with the Government of Canada, the Government of Quebec and the Cree people themselves.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, it is my pleasure to speak to Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act of 1984. I want to thank the minister and the government for bringing this legislation forward in a rather expedited manner.

Essentially, this particular piece of legislation stems from land claims and the implementation of what we call modern-day treaties. The first such modern-day treaty was the James Bay and northern Quebec agreement of 1975, which I am going to speak about a little more as we move forward.

Negotiation and implementation has been difficult. It has been tough, time-consuming and burdensome, but these treaties have also been signs of hope, opportunity and promise. In 1975, the James Bay and northern Quebec agreement signalled a new time in the history of Canada and a new relationship with aboriginal peoples. However, even though it has been a new relationship and new processes have taken place, they have not been without their trials and tribulations.

Since 1975, there have been a number of comprehensive land claims signed in the country, in places such as the Yukon, the Northwest Territories, British Columbia, Nunavut, Quebec and Labrador, with a broad range of aboriginal peoples and nations: the Teslin Tlingit, the Gwich'in, the Nisga'a and the Inuit, but unfortunately, to date, no comprehensive land claim specifically with the Métis people.

If we want to look at the implementation of these particular treaties, the aboriginal peoples across the country signed these treaties with a profound sense of importance. I want to sum up that profound sense of importance in a Cree prophesy:

Only after the last tree has been cut down

Only after the last river has been poisoned

Only after the last fish has been caught

Then will you find that money cannot be eaten.

In that particular prophesy, and because of the nature of land claims where aboriginal people had to give up lands or give up certain rights for money, the negotiations are profound, because they come with a certain sense of permanence as well. The sense among elders in the community that in fact we sometimes have no right to give up land, that we are caretakers and stewards of it, makes these particular negotiations ever more heartfelt.

I say that because when we get to the implementation there are often difficulties in terms of interpretation and consistency. We will often hear this phrase amongst aboriginal people: We have signed this agreement, the government has certain responsibilities, both the federal crown and the provincial crown, but the honour of the Crown, what the Crown has promised, is not being kept to; there is not a sincerity.

I can say that it is happening with the Nisga'a, with whom I have met. They say, “Listen, we signed an agreement, and it has taken now seven or eight years to negotiate other aspect of the agreement, such as the financial framework agreements.”

I talked to the Teslin Tlingit, and they talk about the fact that it has been now over a decade and some of the aspects of their comprehensive land claim, such as the devolution of justice and enforcement, has not happened.

I even talk about the Nunatsiavut government in Labrador. “Nunatsiavut” means “our beautiful land”. I know these people. I know them well. Many are relatives. They say that even since 2005 there have been problems with implementation.

It is in this broad context that I talk about Bill C-28. I want to refer to Labrador specifically because I know it well. We have three land claims at various stages. I mentioned the Nunatsiavut government comprehensive land claim that was signed in 2005, which I was happy to be part of and was in this House when it was ratified.

There is also the Innu, which have signed a New Dawn agreement. They want to move forward to full ratification of their particular agreement because it creates some certainty for development, economic prosperity and social progression.

Of course, there is the Labrador Metis Nation, which I was president of for 11 years. It has had a claim with the government since 1990. It submitted additional information in 1996 and is still waiting for the Government of Canada to come to the table and negotiate outstanding issues.

Against this entire backdrop and in this context, we have Bill C-28. As I mentioned, in 1975, there was the James Bay and northern Quebec agreement. It did not contain implementation plans, and this gave rise to a whole series of disputes about interpretation and litigation.

There was also the northeastern Quebec agreement with the Naskapi in 1978, and then in 1984, the Cree-Naskapi (of Quebec) Act was established, which arose out of the James Bay and northern Quebec agreement. The Cree-Naskapi (of Quebec) Act has been termed Canada's first aboriginal self-government type of legislation. It provided for local governance for Cree bands on their own lands.

Within this debate are the precursors of what is happening in society today: the first modern land claim in 1975, and the first self-government type of agreement in 1984. Even though these agreements were signed, there were problems with implementation, and a series of court actions arose. To attempt to get some of these issues settled, there was an agreement with the Inuit and the Naskapi in 1990, but no agreement with the Cree of Eeyou Istchee.

In 1992, Canada and the Cree of Eeyou Istchee signed the Canada—Oujé-Bougoumou agreement. In 2002, the Cree signed an agreement with the Province of Quebec, the Paix des Braves agreement, covering a period of 50 years and dealing with resource development, policing and compensation to allow certain resource developments to go forward. It also has within it a process, as I understand, to resolve outstanding issues.

Then, in 2008, there was a new relationship agreement, called the Chrétien-Namagoose agreement, between the Government of Canada and the Cree of Eeyou Istchee. This agreement was ratified by the Cree, as were the agreements referring to the Cree that I have already mentioned.

The people themselves were at the table. They looked at it, it was brought to their communities, and they ratified it. Many have termed it an out-of-court settlement; and in essence, it was. This new relationship agreement had a 20-year term, and there were a series of payments. The payments would amount to $1.4 billion in three separate stages.

I want to sum up with the words of the Cree-Naskapi Commission to describe to how this has unfolded over the last three decades. This comes from the chairman of the Cree-Naskapi Commission, which came out of the Cree-Naskapi (of Quebec) Act of 1984:

The James Bay and Northern Quebec Agreement...(which did not include an implementation plan), was signed in 1975. During the thirty-three years since the signing there have been numerous disputes and frequent litigation concerning the obligations under, and the implementation of the agreement. This in turn has led to a difficult relationship between the Cree Nation of Eeyou Istchee and Canada and Quebec. Through the efforts of the Crees, Canada and Quebec, that has changed. The Agreement Concerning a New Relationship Between le Gouvernement du Québec and the Crees of Quebec...addressed outstanding issues between the Crees and Quebec [for a term of 50 years]. The Agreement Concerning a New Relationship Between the Government of Canada and the Crees of Eeyou Istchee of 2008 addressed in parallel fashion outstanding issues between the Crees and Canada. These agreements have been ratified by the Cree people as well as by Quebec and Canada. They represent a major achievement in resolving problems through negotiation.

[T]here is some evidence that the federal and Quebec governments have learned from the James Bay experience. Over most of the past thirty-plus years governments, through both their actions and their words appear to have regarded the Crees from what was essentially an adversarial perspective.... [T]he traditional structures and decision-making processes of government were ill-suited to negotiating much less implementing treaties and land claims settlements with First Nations.... [The] 1982 amendments to the constitution changed that.... Aboriginal and treaty rights (including land claims agreements) were moved beyond the scope of governments' ability to ignore or change them unilaterally. Now, as the Supreme Court said in Badger, “Treaties...create enforceable obligations...”.

On the signing of this new relationship agreement, the current Cree Grand Chief Mukash said, “It also sets in motion what is probably the most important initiative since 1975, the development of a new Cree government”.

The new relationship agreement set out a way of moving forward and called for a two-phased approach: commitments by Canada to amend the Cree-Naskapi (of Quebec) Act of 1984, which we are talking about today, and the negotiation of Cree self-government agreements with a Cree constitution and their own powers.

Bill C-28 deals with the first of these undertakings and can be summarized under two headings: amendments to the Cree Regional Authority and the Oujé-Bougoumou amendments. I just want to run down what those would entail.

The proposed amendments regarding the Cree Regional Authority would allow the Cree Regional Authority, which is basically the administrative body of the Grand Council of the Crees: to act as a regional government on category IA lands, which are basically the lands that they own under the 1984 Cree-Naskapi act; to regulate essential sanitation services, housing and buildings used for the purposes of regional governance; to use, manage and administer moneys and other assets; to promote the general welfare of the members of the Cree bands; and to promote and preserve the cultural values and traditions of the members of the Cree bands.

In terms of the Oujé-Bougoumou amendments, the Crees of the Oujé-Bougoumou were not recognized in the James Bay and northern Quebec agreement as a distinct Cree band. The individual members of this community were listed on the band list of the Mistissini Cree Nation and have been beneficiaries under the agreement since its inception. Since 1975, the Crees of Oujé-Bougoumou have sought to be recognized as a distinct band under the James Bay and northern Quebec agreement and the Cree-Naskapi (of Quebec) Act. The Government of Canada has committed to amend the agreement and the act to meet this objective.

The amendments in this bill deal with such issues as incorporation, transitional matters in relation to councils, boards of directors and bylaws, residence and occupation rights, right of access to land, exploration activities, tax exemptions and exemptions from seizure.

That outlines in broad strokes what Bill C-28 would do.

We have spoken with the government representatives about consultation. We have been assured by the government that it has carried out adequate and efficient consultation. We have also spoken with the Cree who were intimately involved in the drafting of Bill C-28 and who were a signatory, as well, to the new relationship agreement. We have talked with the Naskapis and they have assured us that they are comfortable with these particular amendments. We have talked as well with the Inuit.

We have also been given assurances that due to Bill C-28, there would be no infringement on the rights and interests of other aboriginal peoples.

As such, I am delighted on behalf of the Liberal Party to support Bill C-28. I want to commend the efforts of all those involved. At the end of the day, this is about helping people and supporting people in communities. I do not like to use the word “allowing” people to have self-government because it seems to be an oxymoron. People have self-government and had self-government.

The Crees of Eeyou Istchee had their own self-government. What we do now is recognize that in further processes under the new relationship agreement. As I understand it they are hoping to have an agreement within five years.As I understand it, they are hoping to have an agreement within five years. That is an admirable timeframe given that some land claims and self-government negotiations have gone on for three decades, and many would say for a century. The Nisga'a often say they started their land claim back in the late 19th century.

This legislation is a move in the right direction, and I am happy to support it. It is good to see the full involvement of aboriginal people in the drafting of this piece of legislation. It sets an example that when aboriginal people are involved in the drafting of legislation that impacts them, things go much more smoothly.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I want to revisit a few points that the minister raised in his presentation. Bill C-28 is the first step toward self-government and it is a great piece of legislation for the Cree. Could the minister expand a bit more on how this legislation would advance self-government for the Cree? We heard a myriad of things that it would benefit, but if he could just focus on self-government that would be great.

[Chuck Strahl, Conservative, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

propose que le projet de loi C-28, An Act to amend the Cree-Naskapi (of Quebec) Act, be read the second time and referred to a committee.

He said: Mr. Speaker, it is my honour to rise today to begin the debate at second reading of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.

The amendments to Bill C-28 hold important consequences for our country, for the province of Quebec, and most significantly for the Cree of Eeyou Istchee, the people of the eastern James Bay and southern Hudson Bay region of northern Quebec.

Bill C-28 helps settle long-standing differences between the Government of Canada and the Cree of Eeyou Istchee, resolving disputes. Perhaps most importantly, the bill sets the stage for a revitalized relationship between the federal government and the Cree of Eeyou Istchee.

I will explain the provisions of this legislation and provide some detail of how Bill C-28 will encourage greater prosperity, social development and self-determination for the Cree of Eeyou Istchee. First, let me take this opportunity to tell the House a little about these people and how we have moved forward to this important step here today.

On February 21 of last year, I was in Mistissini, Quebec to sign the new relationship agreement with the Cree of Eeyou Istchee. Mistissini is located about 850 kilometres due north of here, in some of the most breathtakingly beautiful natural surroundings anywhere in the world.

Mistissini is one of nine Cree communities in northern Quebec. Some 30 years ago, residents of these communities expressed their deep disagreement with plans by the Government of Quebec to build and expand hydroelectric developments on their traditional lands.

The Cree of Eeyou Istchee and the Inuit of Nunavik thought this project, one of the most ambitious civil works projects ever considered in Canada, threatened their traditional way of life. To address the concerns expressed by the Cree of Eeyou Istchee and the Inuit of Nunavik, the Quebec and Canadian governments entered into negotiations with those peoples.

The result of these negotiations was the James Bay and northern Quebec agreement. Signed in 1975, the agreement is the first modern treaty reached in Canada, resolving land claims that date back to the late 1800s. It also accommodated the interests of the Cree of Eeyou Istchee and the Inuit of Nunavik on the development of natural resources on their traditional lands. In 1978, the Naskapi people of the region reached a similar accord, the northeastern Quebec agreement.

Together, these two agreements facilitated development of hydroelectric dams and related infrastructure in northern Quebec and ushered in an era of unprecedented economic development, not just in the James Bay region but throughout northern Quebec. At the same time, the agreements established new governance regimes to manage the delivery of social services to Cree communities in the region and administer the growing relationship between Cree authorities and provincial and federal governments.

There was one problem, though. These agreements were struck without the benefit of a coherent policy backdrop, such as the comprehensive claims policy and the inherent right policy, which we have today, and without detailed implementation plans, essential components of the claims process that negotiators, policy-makers and legislators rely on today.

Because the agreements lacked the precision we now expect from such accords, challenges arose. The parties to the agreements, the federal government, the provincial government, the Cree of Eeyou Istchee, the Inuit of Nunavik and the Naskapi Nation of Kawawachikamach encountered substantial difficulties interpreting and then acting upon obligations outlined in the agreements.

In 1984, the Government of Canada adopted the Cree-Naskapi (of Quebec) Act. The act is the first piece of self-government legislation adopted in our country. It was an obligation under the James Bay and northern Quebec agreement and under the northeastern Quebec agreement. The landmark law set up a system of land management and recognized the authority of local Cree and Naskapi governments to make bylaws to protect the environment, manage natural resources and provide health services to band members. Provisions of the act also enabled the federal government to further address the needs of the Cree Eeyou Istchee and the Naskapi Nation of Kawawachikamach through government programs, sectoral funding agreements and joint action with the government of Quebec.

Despite these constructive efforts, the Government of Canada continued to bear the brunt of criticism for its alleged failure to implement its obligations under the James Bay and northern Quebec agreement and the northeastern Quebec agreement in an adequate and timely manner.

However, in 2002, a new dawn began to break in the relationship between the Cree of Eeyou Istchee and the provincial and federal governments. In February of that year, the Cree of Eeyou Istchee and the government of Quebec signed the “Paix des braves”. Under the terms of this agreement the Cree of Eeyou Istchee agreed to assume major provincial obligations with regard to socio-economic development and community infrastructure in Cree communities.

In exchange, the government of Quebec made three commitments: first, to pay $3.5 billion over 50 years to a new Cree development corporation; second, to provide ongoing funding for Cree health, policing and justice regimes; and third, to share with Cree communities the revenues and contracting and employment opportunities generated by natural resources development on traditional Cree lands.

Cree leaders then approached the Government of Canada and proposed a similar arrangement to resolve their outstanding differences. After close to six years of rigorous study, consultation, negotiation and ratification, we signed the agreement concerning a new relationship between the Government of Canada and the Cree of Eeyou Istchee, a landmark accord that does what its title suggests; it establishes a new relationship between the Government of Canada and the Cree of Eeyou Istchee.

I was deeply honoured to participate in that signing ceremony in Mistissini in February 2008. I was proud to join hundreds of residents and more than a dozen current and former elected leaders of the region's nine Cree communities to celebrate the beginning of a revitalized relationship between the Government of Canada and the Cree of Eeyou Istchee.

Today, more than a year after that memorable event, we are gathered here in this House to consider Bill C-28 and enshrine in Canadian law a crucial part of the new relationship agreement between the Government of Canada and the Cree of Eeyou Istchee. But what is in that agreement, and by extension, in the bill?

With regard to its second goal, funding and ongoing financing, the new relationship agreement calls for the federal government to provide $1.4 billion in compensation to the Cree of Eeyou Istchee. This funding is divided into three parcels. The first portion is a cash payment of $1.1 billion. These funds have been transferred when the agreement was signed and put an end to significant lawsuits initiated by the Cree of Eeyou Istchee against the federal government.

The federal government will provide the Cree Regional Authority with an additional $100 million within 30 days of Bill C-28, this bill, receiving royal assent. A third payment of $200 million will be made within 30 days of royal assent being given to a future bill that sanctions a distinctive Cree Nation government.

Equipped with this new funding and ongoing financing, the Cree of Eeyou Istchee are poised to take on a number of essential regional functions, including policing, sanitation, firefighting services and several vital economic development initiatives such as job training, recruitment and placement.

This is where Bill C-28 comes in. The Cree Regional Authority must be granted the legal authority to carry out these functions. Accordingly, Bill C-28 amends the Cree-Naskapi of Quebec Act to provide the Cree Regional Authority with by-law making powers, similar to those now enjoyed by the eight local Cree governments.

As its name suggests, the Cree Regional Authority is the governing body that regulates affairs throughout the entire region, and Bill C-28 provides the Cree Regional Authority with powers that truly correspond with its title. The bill also incorporates a ninth Cree band, the Oujé-Bougoumou, and brings it under the jurisdiction of this regional governing body.

These forward-thinking provisions dovetail perfectly with the third goal of the new relationship agreement, modernization of Cree governance. Upon passage of Bill C-28, the agreement pledges the Government of Canada to work with the Cree of Eeyou Istchee, to continue to transform their current governance regime. This modernization process will involve development of a Cree constitution and establishment of a Cree Nation government.

Indeed, Bill C-28 serves as a stepping stone for the Cree of Eeyou Istchee as they continue their journey toward genuine, full-fledged self-government. Through the agreements they have concluded with the governments of Canada and Quebec, they have shown their willingness to take greater control of their lives, establish high quality social services in their communities, safeguard their culture and chart a clear, self-sufficient course for their future. In doing so, the Cree of Eeyou Istchee have earned the respect and admiration of all Canadians, aboriginal and non-aboriginal alike.

At the same time, the names of distinguished Cree leaders have earned an honoured place in the history of our country. Grand Chief Billy Diamond signed the James Bay and Northern Quebec agreement and then used the agreement as a springboard to launch his people along the road to greater economic prosperity, social development and cultural preservation.

Grand Chief Matthew Coon Come fought to ensure that his people were assured a fair share of the wealth generated by the natural resources found on Cree lands.

Grand Chief Ted Moses helped develop and then sign La Paix des Braves with the government of Quebec, and was a powerful force in enabling his people to gain formal recognition as a consultative, non-government organization at the United Nations.

Now, as a signatory of the agreement, current Grand Chief Matthew Mukash takes his rightful place alongside these great Canadian leaders. I salute Grand Chief Mukash for his inspired leadership in shepherding the agreement through to ratification, and thank him for the enormous contribution he has made, not only to the life of his community but also to the prosperity and vitality of our country.

I also take this opportunity to salute Bill Namagoose, the chief negotiator of the Grand Council of the Crees, and Raymond Chrétien, the chief negotiator for the Government of Canada. These wise, skilful and patient men played indispensable roles in helping us strike an agreement and forge this new relationship. Simply put, without their diligent effort, firm commitment and determined leadership, an agreement would not have been reached and Bill C-28 would not be before us here today.

Finally, I would like to acknowledge the indispensable role played by the Cree of Eeyou Istchee themselves. During a referendum held to cast judgment on the agreement, they voted overwhelming in favour, some 90% of all ballots cast, and in doing so, expressed their deep faith in the value of and their firm desire to establish a revitalized relationship with the Government of Canada.

In the same spirit of optimism, partnership and trust clearly demonstrated by the Cree of Eeyou Istchee, I ask my colleagues to do their part.

I encourage my colleagues to adopt Bill C-28 and enshrine in the law of our land a vital element of the new relationship agreement. I encourage all members to play their part in revitalizing the relationship between the Government of Canada and the Eeyou Istchee, to play their part in helping usher in a new era in that people's distinguished history, an era of greater prosperity, self-determination, fulfillment and harmony for us all.

[The Chair, Conservative, Bruce Stanton]

Thank you, Mr. Bélanger.

I would like to thank very much the commissioners and the chair of the commission in attendance here today. This has been extremely helpful, especially on the eve of the committee's consideration of Bill C-28.

Unless there are other items of business, we stand adjourned. We'll see you on Thursday.

Thank you.

[Philip Awashish]

There are the local police. They're affiliated with the Quebec police. But there are continued discussions on the Cree regional police force that will be set up. Also, I believe Bill C-28, amending the Cree-Naskapi (of Quebec) Act, refers to any police that will be established between the Cree and Quebec.

There are local police, and they are autonomous, in one sense, because they are the only police force empowered to enforce local bylaws. There's also the regional Cree police force that has been under contemplation as well.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

So there is basic agreement all around, yet they're not included in the piece of legislation currently before the House, Bill C-28.

[John Duncan, Conservative, Vancouver Island North, BC]

In the new relationship document, there is an understanding, as I read it, that there are two phases. There are amendments, which we're currently looking at in Bill C-28, and then there's an agreement to negotiate a governance agreement that would include a Cree constitution and a Cree Nation government. You've certainly been talking about that phase two.

Now, the Province of Quebec is obviously jurisdictionally involved to some significant degree, so I guess my question is, how is the relationship going in terms of negotiations with Canada and Quebec, and is there any other Inuit or first nation that would be directly impacted that's outside of the current ambit?

[Todd Russell, Liberal, Labrador, NL]

I just want to go back a bit.

Is it the sense that with this amendment now before the House, there are no provisions for the enhancement of local governance? Is it the sense that the amendments in Bill C-28, which is now before the House, do not enhance local governance?

They enhance the Cree Regional Authority from a regional perspective in terms of making bylaws and having a more regional approach to governance. It doesn't come down to the community level or the band level. Is that sort of the criticism, if I could say it in that way? You're saying that was because it wasn't a part of the new relationship agreement that was signed in 2008.

Business of the House

[Jay Hill, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am very pleased that today we have already completed the second reading stage of Bill C-6, consumer product safety. We expect to conclude debate on the third reading stage of Bill C-11, human pathogens and toxins. At least, it is the hope of the government to see that bill move along.

Following Bill C-11, it is our intention to call Bill C-3, arctic waters, which is at report stage and third reading. It would be nice to see that bill move along as well and get over to the other place.

As we all know, the House is not sitting tomorrow to accommodate the Liberal Party convention. This will certainly give government members the opportunity to be back in their constituencies doing lots of hard work.

Next week, we will continue with Bill C-3, arctic waters; the second reading stage of Bill S-2, the customs act; and Bill C-4, not for profit, which was reported back from committee on April 23.

Adding to the list are two bills that are at second reading: Bill C-28, the Cree-Naskapi bill, and Bill C-26, auto theft.

I would just respond to the opposition House leader, who referred to the two departments that will be called before the chamber for committee of the whole: Fisheries and Oceans and Agriculture and Agri-Food. Of course, we will be scheduling those debates in good time and within the Standing Orders.

Cree-Naskapi (of Quebec) Act

[Chuck Strahl, Conservative, Minister of Indian Affairs and Northern Development]

moved for leave to introduce Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.

(Motions deemed adopted, bill read the first time and printed)

Infrastructure

[The Acting Speaker, Conservative, Barry Devolin]

The bill has been placed on notice. It has not yet been assigned a number. The Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians will introduce a bill entitled An Act to amend the Cree-Naskapi (of Quebec) Act.