Bill S-6 (Historical)

First Nations Elections Act

An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations

This enactment establishes a regime, alternative to the one under the Indian Act, to govern the election of chiefs and councillors of certain First Nations. Among other things, the regime
(a) provides that chiefs and councillors hold office for four years;
(b) provides that the election of a chief or councillor may be contested before a competent court; and
(c) sets out offences and penalties in relation to the election of a chief or councillor.
This enactment also allows First Nations to withdraw from the regime by adopting a written code that sets out the rules regarding the election of the members of their council.

First Nations Elections Act

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I appreciate the opportunity to clarify.

Obviously, the member has not read through the legislation because this provision within this legislation would allow for first nations to undertake a provision that they would have full control over. Under the circumstance that would be “a protracted leadership dispute [that] has significantly compromised [the] governance of [this] First Nation” then the minister could allow for the first nation to actually choose new leadership.

The minister would not make the choice. He would cede that responsibility to the first nation population. That is exactly what first nations folks are asking for. They are asking for the right to be empowered and the ability to make the choice for themselves as to whom they want to lead them forward. This is not a choice of the minister; it is a choice of the first nations people.

However, without this provision, all that is left is the requirement that we go back to the Indian Act, where it actually spells out a process for dispute resolution that is much more paternalistic. Therefore, it is important that we empower first nations to be the voice and to make the decision as it relates to their own future.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I will be sharing my time with the Deputy House Leader of the Official Opposition, who is also the excellent member for Saint-Lambert.

This evening I am speaking to Bill S-6. I want to specify that the bill comes from the Senate and that is why it is assigned the letter S. It is an Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.

The bill came out of a series of regional round table discussions that were held in Atlantic Canada and Manitoba. The objective was to improve the way elections are run in first nation communities.

I want to point out that although there was consultation, round tables were not held with every first nation community. Those communities are in every province, including Ontario, Quebec, British Columbia, Saskatchewan and Alberta. These communities were not consulted during the round tables. There was indeed consultation, but not with every first nation.

We are talking about this bill because a number of concerns were raised about the provisions in the current Indian Act with regard to elections and the rules on elections organized by the communities.

The Indian Act has eroded first nations traditional political cultures and political systems. Before white people arrived in Canada, first nations had their own system for electing their chief. This was part of a custom that, most of the time, was traditional and not recorded in writing. Everyone knew the rules, but they were not necessarily written down. They were passed down from generation to generation. Aboriginal communities clearly had a more oral tradition than a written one. Everyone agrees on that. It explains why many aboriginal communities have different ways to write the exact same language. It is because they only ever spoke it. They never wrote it.

Another problem is the two year election cycle, which causes instability and prevents first nations governments from engaging in long-term planning and development.

Many of the MPs here tonight first won their seats in the 2011 election. However, a few of them have been here longer than that and have experienced the successive minority governments. I think that everyone will agree that, if an election is held every two years, it becomes difficult and complicated to establish a government, whether it be in a first nations community or elsewhere. Those involved try to determine the role that each person will play in the government in question, but once that has been established, it is practically time for another election, so yes, that is a problem with the legislation.

The current problem with the Indian Act is that it reverses the accountability structure and makes band councils accountable to the minister rather than to their communities. The election provisions set out in the Indian Act give the minister or the governor in council considerable power over first nations elections and governance structures, including the number of members that can sit on a council, the way in which the chief is elected and the way appeals are dealt with. The minister can also order first nations to be subject to the Indian Act.

There are therefore many opportunities for the government to interfere in elections, which is a problem. That is not a good foundation for a relationship of equals. It does not make sense to make band councils accountable to the minister rather than to their communities. Members of the House are first and foremost accountable to their constituents, and that is how it should be. Anyone who sits in a chamber, who is a member of a government, whether it is a first nations government or here in the House of Commons, must first be accountable to their constituents, because their constituents are the ones who elected them to that position.

I would also like to specify that, right now, under the act, the appeal process, which is, of course, carried out by Aboriginal Affairs and Northern Development Canada, is very long. It is also lacking in terms of thoroughness, transparency and procedural fairness. I would like to remind hon. members that election disputes sometimes occur and, since first nations are operating on a two year election cycle, a government can spend almost its entire mandate dealing with an election dispute, which does not help matters.

First nations communities are forced to choose their selection rules based on requirements set by Aboriginal Affairs and Northern Development Canada. These rules are limited to a rather restrictive governance model that does not take first nations traditions and customs into account. For example, having a written code requires resources and expertise. There are two problems with the written code. These communities sometimes have very small populations and few people with the education to be able to write rules in legal terms. Furthermore, this is being imposed on people who come from an oral culture. People with limited resources are being asked to develop written rules, even though written rules are not part of their traditions. The Indian Act therefore currently presents some problems.

This bill is designed to set out election rules that are different from what is currently in the Indian Act. This includes an election cycle longer than two years and the ability to have common election days, but it unfortunately grants the Minister of Aboriginal Affairs the power to order first nations to be subject to this new regime.

The minister will therefore have the power to interfere in the affairs of a first nation. Instead of developing a relationship of equals and offering advice, he is interfering. The government is saying that first nations must conform and that the government is sick of things not working. In short, it is telling them what to do. That is a paternalistic attitude. As long as they keep that up, they will never be able to develop a relationship of equals with these communities.

The bill also sets out an election appeal process through the courts, instead of through Aboriginal Affairs and Northern Development Canada. It may be shorter, but I am not sure this measure will speed things up.

There are sanctions if they do not comply with the election rules.

The NDP wants to improve the first nations electoral system, but this bill does not tackle the Indian Act head on. It does not address the problems in the act. It does not address the considerable powers the Minister of Aboriginal Affairs has over a band's right to determine its own future. That makes no sense.

First nations supported the bill initially. There were round table discussions. However, when they read the final version, the changes they asked for had not been included. If the bill passes at committee stage, you can bet that the NDP will try to ensure that those changes are included in the bill.

Right now, first nations have three different ways of electing their leaders. First of all, 41% hold elections in accordance with the Indian Act. In addition, 54% hold community-based elections or “custom elections”. Of course, they have to develop written election codes, which have to be well known. Lastly, 5% choose their leaders pursuant to the provisions of self-government agreements.

The problem with this bill is that it does not amend the Indian Act. It does not really address the problem that exists in the Indian Act, while also giving new powers to the minister.

Of course, the legislation could grant more autonomy if it were voluntary, but the new provisions allow the minister to interfere with any band and, without consultation, force it to adhere to these principles.

The government had an opportunity to create legislation by consulting first nations and creating a relationship of equals, but unfortunately, once again, it did not do so and instead adopted a paternalistic attitude. The government has said that since first nations did not agree and an agreement could not be reached, the government will decide for them. It is imposing its view and first nations have to accept it.

As long as the government maintains this kind of attitude towards first nations, no real partnership can ever develop.

I have five aboriginal communities in my riding. Since being elected, I meet with them regularly. They have told me repeatedly that it had been forever since any federal government representative had bothered to go and see them.

Speaking with them is the least we can do.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, in listening to some of the government members' positions and many of the speeches we have heard tonight on different bills, Canadians might start asking what the government is trying to tell first nations about good governance. Currently it has two members in court trying to keep their seats in the House because they have improperly filed elections receipts. In other words, many of the issues we are debating tonight are about the trust that Canadians have, or do not have, in the government. I am wondering if my colleague would like to comment on the issue of public trust as it pertains to the bill.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I will respond by talking about aboriginal communities in general.

Everyone in Canada has heard about the Idle No More movement. Aboriginal youth, and some older members of the community as well, took to the streets to say that they had had enough, that they could take charge of their own lives and do something. They want to be treated as equals.

That movement would not have existed if the Conservatives had been respectful of aboriginal communities and open in that relationship. Idle No More showed that aboriginal people do not trust the government anymore, that they are tired of hearing promises year after year and never seeing action. That is the message that needs to be repeated and understood.

We need to stop acting like children. In our country's history, the aboriginal people were here first, and they did not cede their lands or their rights. We come here and are constantly forcing bills on them. We do not listen to them. We do not try to include them. Then we ask them to trust us, despite the fact that they have never had access to everything they have been entitled to for years.

First nations communities live in poverty, and this government is asking them to trust it. It does not consult them, but it knows what is good for them, even though no Conservative has ever set foot in an aboriginal community, as far as I know.

It has been years since aboriginal people have seen a government representative, yet they are told that the government knows what is good for them. That is bullshit. Sorry, Mr. Speaker, I would like to withdraw that word.

The government needs to get out, go see them and talk to them. It is not complicated.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I would like to commend our colleague for her speech and the passion she brings to the debate on this bill.

As you pointed out, it is almost midnight and tempers are flaring a bit. All the passion and energy she invested in her speech seem to be reflected in her last words.

My question concerns the settlement of appeals by the courts. This is still a very long and cumbersome process, which forces first nations to grapple with a justice system that knows very little about aboriginal cultural and political traditions.

Some witnesses called for the creation of an independent court for first nations, similar to those in place at the federal and provincial levels in Canada.

What can our colleague tell us about that?

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, it would be worthwhile to listen to them. If they believe that this measure could help them, it would be wise to consider it.

In any case, it is obvious that the current appeal process does not work, especially with a two-year election cycle. By the time the appeal is settled, it is time for another election. Again, this is basic. They must be consulted. If this is the general will and it can be implemented, it is worthwhile to create something that really fits their needs. This is basic.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, first of all, I want to point out to the House that this will be this government's 44th time allocation motion.

Since May 27, just over two weeks now, the Conservatives have moved 12 time allocation motions. Each time allocation motion costs us about one hour of debate on the bill in the House, when we ask questions to the minister and vote. This means we have lost 12 hours as a result of the stubborn approach taken by this government, which refuses to work with the opposition. We only got a few minutes, on a Wednesday night, around midnight, to talk about this bill. Only two people were able to speak.

How can the government justify imposing a time allocation motion on this bill? This is unfortunately yet another example of their undemocratic attitude.

I am pleased to speak to Bill S-6 regarding the election and terms of office for chiefs and councils of certain first nations, as well as the composition of their respective councils.

Aboriginal issues deserve special attention and concerted action. Parliamentarians in the House must work with everyone involved to develop long-term solutions for these communities. That was unfortunately not done with this bill.

In recent years, hundreds of aboriginal women have gone missing or have been murdered, yet no public inquiries have been conducted. The unemployment rate in many of these communities remains twice as high as in the general population, yet we have not seen any plans put forward. Many social problems and infrastructure deficiencies remain, but the government is not addressing the situation.

That is the reality for many aboriginal peoples, and the Conservatives will certainly not solve these problems by imposing their unilateral vision. They will also not achieve this by adopting a confrontational attitude or by forcing the communities to accept their vision. We must work with first nations to come to a consensus that will bring about sustainable solutions.

In a letter to Gerry St. Germain, the chair of the Standing Senate Committee on Aboriginal Peoples, Chief Nepinak accused the government of acting in bad faith and ignoring the discussions it had with first nations and the promises it made to them and instead unilaterally imposing legislation containing many unacceptable provisions. He said that the government basically included only one of the first nations recommendations and rejected all the others.

If we want to find sustainable solutions for first nations, we must conduct consultations and, most importantly, we must take into account what was said when it comes time to implement policies. It is simply irresponsible to reject out of hand the suggestions made by the most important stakeholders in the process.

[Some hon. members]

Oh, oh!

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, could I ask you to call the members to order?

[The Deputy Speaker, NDP, Joe Comartin]

It is getting noisy in here. We have only about five minutes to go. If members want to carry on conversations above a whisper, please take them outside the chamber.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, it is simply irresponsible to reject out of hand the suggestions made by the most important stakeholders in the process.

Bill S-6 contains several measures related to the election process. First, the government plans to impose an election cycle of longer than two years on aboriginal communities. Then, the government could potentially establish a common election day.

What is more, the bill grants the Minister of Aboriginal Affairs new powers to compel first nations that are holding elections to comply with the new regime. The primary consequence of giving the minister this new power is to once again limit the autonomy of the first nations.

A new elections appeal process will be implemented that will be dealt with by the courts rather than by Aboriginal Affairs and Northern Development Canada. In this regard, we would like to point out that the time it will take for the courts to deal with these appeals could impede the activities of some communities.

Finally, Bill S-6 contains penalties for failing to comply with the election rules. Once again, the government has decided to penalize aboriginal communities rather than partnering with them.

The NDP believes that this piece of legislation does not address the real concerns of aboriginal communities and fails to tackle the various problems they struggle with.

Bill S-6 does not amend the Indian Act and does not directly address the various problems associated with this legislation. The resulting shortcomings will undermine the proposed solution and ensure it cannot mitigate existing problems.

Bill S-6 also provides for limited self-government for aboriginal communities by allowing the minister to determine the future of a band without consultation, without co-operation and without any actual long-term perspective. We believe that undermining the autonomy of first nations will do nothing to resolve the current situation or to help find solutions for the future.

According to Jody Wilson-Raybould, British Columbia regional chief:

These provisions essentially give the minister the ability to impose core governance rules on a First Nation, which...would be resented by that First Nation, would not be seen as legitimate in the eyes of that nation, and would probably add fuel to an already burning fire.

Ultimately, each nation must, and will, take responsibility for its own governance, including elections.

Jody Wilson-Raybould expressed one of our primary concerns regarding allowing aboriginal communities to maintain their autonomy.

Bill S-6 is the result of consultations. The real problem is that Canadian authorities did not take the recommendations into account. The first nations participated in the consultation process. They made suggestions and showed that they were open-minded. Unfortunately, yet again, the government did not listen to them and refused to amend the bill to address the demands of aboriginal peoples.

We are urging the government to stop ignoring these demands and to listen to what the first nations want.

Grand Chief Derek Nepinak, from the Assembly of Manitoba Chiefs, said that this proposal does not fulfill the recommendations put forth by the AMC and that it appears to be an attempt by the minster to expand governmental jurisdiction and control the first nations electoral processes that are set out in the Indian Act or custom code. He said he hopes that Canada will engage in meaningful consultation with first nations in Manitoba in order to fix some of the problems, instead of unilaterally imposing a statutory framework that will greatly affect the rights of first nations.

In conclusion, aboriginal issues are far too important for not putting in place mechanisms to resolve disputes and problems effectively. Canada must engage in a real consultation process so it can work closely with first nations to address the problems affecting their communities. Imposing a solution selected by the minister will not achieve that goal and, on the contrary, could add fuel to the fire.

[Shelly Glover, Conservative, Parliamentary Secretary to the Minister of Finance]

Mr. Speaker, I want to thank my colleague across the way for her comments, although I am a little confused about some of the things she said.

I am going to ask a couple of simple questions, and hopefully she can give me some simple answers.

First and foremost, the member talked about the importance of providing aboriginal people with some opportunities.

The opportunity that this act provides for aboriginal people is the opportunity for economic development, because when we are talking about economic development, ensuring that aboriginal people can come together and produce ideas that lead to job creation, which leads to economic growth for them, is important.

Only through elections that allow for them to work together for longer periods of time is that possible. That is why Manitoba chiefs came together and asked that there be a change.

The member went on and on about Manitoba, and how Manitoba chiefs did not want this measure. I would like the member to name at least three chiefs she has consulted with in Manitoba. I was the aboriginal affairs parliamentary secretary when this all started with the Manitoba chiefs, and I have met with dozens of them who agree that this is in fact a step forward that they would like to see.

I would like the member to name just three Manitoba chiefs she has consulted with.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, of course it is important to talk about economic development. However, with respect to aboriginal people, economic development cannot be achieved through tyranny, and especially not without real consultation.

In my speech, I mentioned the importance of conducting real consultations that take into account the solutions put forward by aboriginal people. Bill S-6 does the opposite.

That is why, in 2013, the government is still telling aboriginal people how they should see the world and everything around them. However, it is not up to the government to do so. It is up to aboriginal people to determine their own vision when it comes to economic development.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, in their speeches on this bill, government members made references to freedom, respect and democracy for aboriginal people.

However, many groups representing aboriginal people have called for the government to remove paragraphs 3(1)(b) and 3(1)(c), which give immeasurable discretionary power to the minister to subject certain aboriginal communities to the legislation. Instead of giving them the power to appoint a new chief, the government wants to subject these communities to rules governing that process. The parliamentary secretary must understand that there is a difference between the two.

I would like my colleague to comment on the fact that this measure, this discretionary power, is undemocratic and does not honour the intent of the law.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I would like to thank the hon. member for her very relevant question.

We once again have to deal with this government's undemocratic measures and solutions. We cannot stress this enough. It goes without saying that this is not the first time that we have seen a minister give himself discretionary power. There have been other examples of this. This minister is no exception.

He is not giving aboriginal people any freedom to make their own decisions. He is not letting them take charge of their own realities and their own future. The government is not consulting first nations, and when it does, it does not take into account the solutions they propose.

We are faced with a government that wants to control everything and that wants to advance its political agenda without taking into account aboriginal peoples or MPs. That is the direction that things are going in, and we are truly dealing with undemocratic positions and decisions.