Debates of Feb. 7th, 2007

Questions on the Order Paper

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I ask that all questions be allowed to stand.

[The Speaker, Liberal, Peter Milliken]

Is that agreed?

[Some hon. members]

Agreed.

Motions for Papers

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I ask that all notices of motions for the production of papers be allowed to stand.

[The Speaker, Liberal, Peter Milliken]

Is that agreed?

[Some hon. members]

Agreed.

Mexico

[The Speaker, Liberal, Peter Milliken]

The Chair has received a notice of a request for an emergency debate from the hon. member Scarborough—Agincourt. I will hear from him now.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Mr. Speaker, due to the number of Canadians who over the last year have been hurt or killed in Mexico and the Mexican government's seeming inability to investigate and solve those crimes, I feel that the House of Commons should undertake an emergency debate on this issue.

These tragic events have caused many Canadians to ask the government to issue a travel advisory for Mexico. To date, Canada's new minority Conservative government has refused the calls of Canadians and parliamentarians.

Today the Minister of Foreign Affairs is in Mexico. He has the opportunity to press this issue with his counterpart.

As the government has failed to safeguard Canadians while they are visiting Mexico, it is up to Parliament to ensure Canadians are warned of the perils they face while travelling to Mexico. Canadians want their government to take the necessary steps to safeguard them.

This morning the Secretary of State for Foreign Affairs and International Trade said in an interview that for a travel advisory to be issued:

I would suggest to you that Canadians would have to be targeted, and Canadians are not being targeted in Mexico.

Do Canadians have to paint a bull's eye on their foreheads? That is absolutely outrageous.

In a few days the universities will have a reading week and in a few weeks from now we will have March break. The Canadian government must ensure that Canadians are aware of the dangers they could face at their travel destinations.

I am, therefore, requesting an emergency debate on this issue. We must be responsible for Canadians and to Canadians.

Speaker's Ruling

[The Speaker, Liberal, Peter Milliken]

I sense that the parliamentary secretary wishes to make submissions on this. Normally, on an application for an emergency debate the Chair makes a decision based on the submissions of the member who made the request rather than encouraging a discussion about the merits or the virtues of having such a debate in the House among hon. members.

I have carefully considered the request from the hon. member for Scarborough—Agincourt. I have no doubt that the subject matter of the debate is one that would be of interest. On the other hand, in deciding whether this constitutes an emergency, I need to have some regard to the past practice of the House in this respect and, in my view, this request does not meet the exigencies of the Standing Order at this time.

I stress to the hon. member and others that there is a procedure available whereby the parties can agree to have a debate on subjects, take note debates on certain subjects if they wish to do so, and that can be done by agreement among the House leaders in the Chamber. We have had some of those, none recently, but we have had them. I encourage hon. members to work that venue as another possibility and avoid having the Chair decide that an emergency exists when I am not certain that the emergency, that is foreseen in some of the requests that are made, is one that meets, as I say, the exigencies of the Standing Order.

I thank the hon. member for Scarborough—Agincourt for his interest.

Canadian Human Rights Act

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

moved that Bill C-44, An Act to amend the Canadian Human Rights Act, be read the second time and referred to a committee.

[Rod Bruinooge, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

Mr. Speaker, I rise today to express my support for Bill C-44, An Act to amend the Canadian Human Rights Act. Today my hon. colleagues have an opportunity to make Canada a more impartial and egalitarian society. The legislation now before us strives to end an unjust situation created when the Human Rights Act first came into effect 30 years ago.

Bill C-44 proposes to repeal section 67 of the Canadian Human Rights Act and thereby provide individuals, namely residents of first nation communities, with the same protection against discrimination long enjoyed by other Canadians. To understand the importance of repealing section 67, allow me to provide some context.

When the Canadian Human Rights Act was enacted in 1977, it was properly seen as a significant and progressive accomplishment for our country. The act furthered Canada's reputation as a respectful, democratic nation, dedicated to protecting the rights of its citizens. Observers from around the globe applauded Canada and our comprehensive approach to human rights protection. The Canadian Human Rights Act defines discrimination clearly and institutes a readily accessible investigative process that is open to public scrutiny.

The act not only prohibits discrimination based on 11 specific grounds, but also it provides the legal resource and recourse to citizens who feel that the federal government or institutions operating under federal jurisdiction have violated their rights. Under the act, it is forbidden to discriminate based on age, race, national or ethnic origin, colour, religion, sex, sexual orientation, marital status, family status, mental or physical disability or pardoned conviction.

To investigate and adjudicate alleged acts of discrimination, the act establishes two bodies: the Canadian Human Rights Commission and the Canadian Human Rights Tribunal. Over the past three decades, the Canadian Human Rights Act has served to strengthen democracy in our country.

Unfortunately, not all Canadians enjoy equal access to the legal instruments provided by the Canadian Human Rights Act. Section 67 states:

Nothing in this Act affects any provision of the Indian Act or any provision made under or pursuant to that Act.

This sentence simply and effectively denies some Canadians access to the remedies granted in the act. Section 67 shields the Indian Act and any decisions made or actions taken under the Act from application of the Canadian Human Rights Act. In effect, section 67 puts into question our claim to be a fair and egalitarian society.

When the Canadian Human Rights Act was debated in the House and reviewed in committee, the presence of section 67 elicited many objections. The exemption it granted, though, was accepted at the time as a temporary measure, one that would be rescinded once reforms to the Indian Act were completed. In fact, however, the kind of extensive reform of the Indian Act that was anticipated, and so greatly needed, in the 1970s has still not come. Later, more focused attempts to repeal section 67 of the Canadian Human Rights Act, in the form of both government sponsored legislation and a private member's bill, died on the order paper.

Today the exemption remains in place, creating a twisted irony of sorts: legislation designed to promote equality effectively sanctions discrimination. Under section 67, thousands of Canadians cannot fully avail themselves of the legal instruments that combat discrimination. What is particularly disturbing is that section 67 affects many of Canada's most vulnerable citizens, residents of first nation communities.

Among other matters, the Indian Act stipulates how first nation communities are governed, how Indian status is defined and how reserve lands are administered. Under section 67, potentially discriminatory decisions made by agencies mandated by the Indian Act, such as band councils and school boards as well as the federal government itself, are exempted from the Canadian Human Rights Act. These decisions often touch on crucial aspects of day to day life, such as education, housing, registration and the use and occupation of reserve lands. We must take immediate action to remove this fundamental inequality.

Most Canadians recognize that huge gaps exist in the quality of life experienced by aboriginal and non-aboriginal people in our country. The government is determined to close these gaps and make tangible, sustainable progress on the full range of aboriginal issues. To do so, I believe we must address root causes, and there is no doubt that inadequate legal frameworks exacerbate many key problems. I am pleased to report that a collaborative effort is underway to design and implement appropriate legal frameworks.

Prior to our last adjournment, members of the House accorded speedy passage to Bill C-34. The legislation grants first nations in British Columbia greater control of on reserve education and encourages improved education outcomes through appropriate partnerships among first nations and with provincial educational bodies.

A series of consultations is underway to recommend legislative options to resolve the difficult issue of on reserve matrimonial real property, something that our minister has championed since the day he took office. Another consultative process that is ongoing is aimed at improving the quality of drinking water. This has been proposed through legislative options, which can lead to putting appropriate standards into law.

I am convinced that the repeal of section 67 is an important building block in a renewed legislative framework that can enable aboriginal peoples to participate fully in the prosperity of our country.

Bill C-44 has three main components.

The first repeals section 67 of the Canadian Human Rights Act, something that has been in place for some 30-odd years now.

The second commits Parliament to conduct, within five years, a review of the effects of this repeal, and this is important to consider.

The third component provides six months to prepare for the application of the repeal to first nations. In essence, for the first six months following royal assent, the exemption granted to first nations under section 67 would remain in place. While some parties have called for a longer delay period, in my view, after 30 years access to these important rights protections cannot and should not be delayed any further.

For first nations, adapting and responding to the Canadian Human Rights Act regime is a process that will evolve over the years, just as it has for institutions to which the act currently applies.

The Canadian Human Rights Commission has already established an aboriginal program to give specific attention to the unique needs and circumstances of aboriginal communities as they relate to the Canadian Human Rights Act and the Employment Equity Act.

The six month delay will provide for a focused period during which the Canadian Human Rights Commission will inform first nations about the Canadian Human Rights Act and begin to work with them to develop culturally appropriate community redress mechanisms, if they so wish. The Government of Canada, though, would be subject to the act once Bill C-44 received royal assent as there would be no six month delay.

The simplicity of the legislation before us belies the valuable impact it will have on the residents of first nation communities. Bill C-44 would give full legal protection to the rights of thousands of Canadians for the very first time. It would enable them to challenge and adjudicate potential cases of discrimination that may exist currently on reserves.

The Canadian Human Rights Commission fully supports Bill C-44 and has declared itself ready and able to help first nations deal with the repeal of section 67. Its work with first nations will not simply end after the six month delay period. The Canadian Human Rights Act authorizes the commission to establish guidelines on how to interpret particular types or groups of complaints.

I fully expect that the commission will work closely with first nations to explore and develop appropriate interpretive policies, guidelines and regulations, helping first nations build the capacity to address the new avenues provided for the protection of their citizens, avenues that have long been available for the rest of Canadians. I know all first nations families would be interested in seeing this come to pass.

As I noted previously, another mechanism to ensure that Bill C-44 does not cause any group undue hardship in including itself, we have included this in the legislation. A parliamentary standing committee must conduct a thorough and open review of the impact that this repeal will have on first nations after five years have passed. The committee must also submit a full and public report to the House of Commons.

The Canadian Human Rights Act has become a cornerstone of Canada's democracy and today we have the opportunity to ensure that it applies to all Canadians, first nation Canadians, so all citizens can be treated with equal respect and dignity before the law.

I urge the members of the House to support Bill C-44.

[Anita Neville, Liberal, Winnipeg South Centre, MB]

Mr. Speaker, in my colleague's remarks he talked about the importance of addressing root causes. He views, as I do, a human rights violation as an important issue. However, human rights violations often come about because of root causes, like the lack of housing, the lack of water, the lack of a bed to sleep in and the lack of an appropriate educational facility.

Could my colleague opposite talk about root causes as they apply to human rights violations?

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, the root cause we see so often on reserve, which has led to many issues that we all have become familiar with as we spend time working with first nations, is that the system itself has been very restrictive of first nations citizens from achieving true liberty in Canada.

I know the Minister of Indian Affairs and Northern Development is very interested in seeing systemic improvement and this is one of the first steps in that process to improving the system by opening up opportunities for first nations people to be able to access the laws that so many of us in Canada take for granted every day.

This is something that unfortunately has been set aside for so many years, something that the Minister of Indian Affairs and Northern Development has done within one year of becoming a minister. It is something of which I am very proud.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, I want to raise one concern. It is my understanding that there is a concern among the first nations that the Conservative government is trying to erode first nation rights. They were very concerned with the fact that the legislation was introduced without completing the consultations with the first nations.

Why was there such a rush? Why did the government not complete the consultative process?

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I am not sure one could consider 30 years a rush. This has been in the making for a very long time. The section 67 exemption was considered to be only a temporary measure back when it was introduced in 1977. We need to act for the sake of first nation citizens on reserve who do not have access to the very important human rights laws that we have in Canada.

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

Mr. Speaker, I listened very carefully to the parliamentary secretary's comments. I would like to point out to him—this is rather bizarre—that the current government is using pressure from the United Nations Commission on Human Rights to justify coming back with this bill, in order to eliminate a section that, I feel, completely discriminates against first nations peoples. I will come back to this in a moment.

First off, following that small comment, I wanted to ask the parliamentary secretary if he heard the statements made by the Assembly of First Nations of Canada. Furthermore, what does he intend to do or recommend to the committee concerning the famous interpretation clause that first nations peoples would like to see before Bill C-44 is enacted, if it passes?

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I thank my colleague, the hon. member for Abitibi—Témiscamingue, for all of his input at committee over the last year, which has been very helpful to the government.

As I said in my address, this repeal will be coming before committee. At committee, of course, we will be looking at all suggestions in relation to its implementation. I know there will be submissions from various quarters, likely including AFN. However, I must say that human rights are deserved on first nations reserves. It is something that I think we in Canada truly understand and that I am looking forward to seeing implemented.

[Tina Keeper, Liberal, Churchill, MB]

Mr. Speaker, the member keeps to referring to 30 years. We all know that it was almost 30 years ago that the Canadian Human Rights Act was introduced as law.

Could the member indicate when throughout that 30 years there has been consultation with first nations? As we know, it is the premise for a collaborative partnership and relationship with and between first nations and is actually the basis of human rights. When in that 30 years has there been a consultation process with first nations and the Government of Canada?

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, as a new parliamentarian, of course, I have been part of this process for only the last year, but as I indicated, past attempts were made to repeal section 67. There was also a private member's bill.

There is going to be an opportunity before committee for further additions or changes to this repeal. However, I think it is still fundamental. It is something that we as Canadians have all taken for granted. It is something that first nations citizens have not had the opportunity to experience on reserve. This is very timely and needed.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, if passed into law, Bill C-44 would change the way that decisions are made in the aboriginal community. Human rights protection is very important, but the point I was trying to make with my last question is that even though we keep hearing about 30 years, it will take time to take this on issue and gain the trust of this community. I will repeat my point that I do not believe the minister gave enough time to establish that relationship of trust as needed.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, there is something that the minister, the government and I have done on many occasions, and that is not to use consultation as an excuse to not act.

This is one of those cases where acting is essential. It is important that we not let this continue to be put off into the future. We have an opportunity. All of us cannot necessarily guarantee that we are going to be here for countless decades. In fact, that probably would not be a good thing for any of us. We have to take the time that we are given and act, and act appropriately, and that is what we are doing with this repeal.

[Dawn Black, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I have a question around the issue of collective rights versus individual human rights. The member who has been speaking will know that there has been a lot of concern within first nations communities about that issue. I have a question for the member. Does this legislation protect both collective human rights and individual human rights for first nations peoples?

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, the member makes an interesting point. Of course we see it in other situations when individual rights in a democracy come up against the rights of the larger community. In this case, though, I think the Canadian Human Rights Act will be judicious in the way that it is implemented. It is going to take into account situations where individuals have their human rights affected. Of course the Government of Canada is supportive of first nations communities and their traditions, but I believe this is the approach that needs to be taken.

[Anita Neville, Liberal, Winnipeg South Centre, MB]

Mr. Speaker, I believe if you seek it you would find that there is unanimous consent for me to split my time with the member for Churchill.

[The Acting Speaker, Conservative, Royal Galipeau]

Is it agreed?