House of Commons Hansard #59 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was nation.

Topics

(Return tabled)

Question No. 237Questions Passed as Orders for ReturnsRoutine Proceedings

March 7th, 2014 / 12:20 p.m.

Liberal

Stéphane Dion Liberal Saint-Laurent—Cartierville, QC

With regard to the Department of Fisheries and Oceans (DFO): (a) what is the Department’s information management (IM) strategy; (b) on what date was the IM strategy established; (c) who participated in the development of the IM strategy; (d) which groups or organizations were consulted or gave input in developing the IM strategy; (e) which departments, agencies or offices were consulted or gave input in developing the IM strategy; (f) which individuals were consulted or gave input in developing the IM strategy; (g) what is the DFO Records Retention Plan; (h) on what date was the Records Retention Plan established; (i) who participated in the development of the Records Retention Plan; (j) which groups were consulted or gave input in developing the Records Retention Plan; (k) which departments, agencies and offices were consulted or gave input in developing the Records Retention Plan; (l) which individuals were consulted in developing the Records Retention Plan; and (m) what are the benchmarks for record retention?

(Return tabled)

Question No. 240Questions Passed as Orders for ReturnsRoutine Proceedings

12:20 p.m.

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

With regard to proposals approved for funding by the former Canadian International Development Agency (CIDA), for fiscal years 2010-2011, 2011-2012 and 2012-2013, in an Excel spreadsheet, broken down by (i) the fiscal year when the project was approved, (ii) the title of the project, (iii) the amount that was approved, (iv) the date (year-month-day) that the proposal was received by CIDA in its final form, (v) the date (year-month-day) that an approval memo was first delivered to the Minister’s Office for consideration as indicated in CIDA's memo tracking system, (vi) the date (year-month-day) that the proposal received final approval, what were: (a) all the proposals approved for funding by the Multilateral Branch; (b) all the proposals approved for funding by the Geographic or Bilateral Branch; and (c) all the proposals approved for funding by the Partnership with Canadians Branch?

(Return tabled)

Question No. 261Questions Passed as Orders for ReturnsRoutine Proceedings

12:20 p.m.

Liberal

Judy Foote Liberal Random—Burin—St. George's, NL

With regard to the closure of the Maritime Rescue Sub-Centre St. John’s (MRSC St. John’s), operated by the Canadian Coast Guard, in May, 2012, and its consolidation with the Joint Rescue Coordination Centre in Halifax (JRCC Halifax): (a) how many search-and-rescue (SAR) cases has the JRCC Halifax handled from 2006, through to the closure of the MRSC St. John’s, broken down by month and totaled by year; (b) how many SAR cases has the JRCC Halifax handled since the closure of the MRSC St. John’s which would have previously been handled by MRSC St. John’s, broken down by month and year; (c) what tactical measures were undertaken by the government to mitigate SAR service losses to areas formerly serviced by MRSC St. John’s; (d) were there additional employees hired at JRCC Halifax to deal with the increased workload from the closure of MRSC St. John’s and, if so, how many additional employees, broken down by full-time, part-time and contractual employment; and (e) what training, if any, was given to existing and new staff at JRCC Halifax specific to ensuring local knowledge of (i) the unique Newfoundland and Labrador dialects, (ii) geographic makeup of the coast of Newfoundland and Labrador?

(Return tabled)

Questions Passed as Orders for ReturnsRoutine Proceedings

12:20 p.m.

Okanagan—Coquihalla B.C.

Conservative

Dan Albas ConservativeParliamentary Secretary to the President of the Treasury Board

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

Questions Passed as Orders for ReturnsRoutine Proceedings

12:20 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Is that agreed?

Questions Passed as Orders for ReturnsRoutine Proceedings

12:20 p.m.

Some hon. members

Agreed.

Questions Passed as Orders for ReturnsRoutine Proceedings

12:20 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

Is it the pleasure of the House that all remaining questions be allowed to stand?

Questions Passed as Orders for ReturnsRoutine Proceedings

12:20 p.m.

Some hon. members

Agreed.

The House resumed consideration of the motion that Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation Band Order, be read the second time and referred to a committee.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:20 p.m.

Conservative

The Acting Speaker Conservative Bruce Stanton

When the House last left the question, the hon. member for Elgin—Middlesex—London had seven minutes remaining in his remarks.

The hon. member for Elgin—Middlesex—London.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:25 p.m.

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I certainly hope that for the last hour and a bit everyone has been held in suspense waiting for the final seven minutes, notwithstanding the excitement of question period.

I was talking about how we came to where we are today and the 2008 agreement and the eligibility process. To be eligible for membership in the Qalipu Mi'kmaq First Nation Band, the 2008 agreement stipulated that individuals must be of Canadian Indian ancestry, be a member or a descendant of a member of a pre-Confederation Mi'kmaq community, self-identify as a member of a Mi'kmaq group of Indians of Newfoundland, and be accepted by the Mi'kmaq group of Indians of Newfoundland based on a demonstrated or substantial cultural connection.

When the application process began in 2008, Mi'kmaq leaders and Canada expected that somewhere between 8,700 and 12,000 people would be entitled to band membership. This range seemed realistic given that there were roughly 10,500 members of the Federation of Newfoundland Indians at the time. Imagine the surprise when over 101,000 applications were submitted by the time the enrolment period ended in November 2012. Almost half of these applications, roughly 46,000, were received in the final three months before the deadline of that four-year process. Most of the applications received were from people living outside of Newfoundland.

As Chief Brendan Sheppard has stated: “It was neither reasonable nor credible to expect such a huge number of individuals to become members of the Qalipu Mi'kmaq First Nation...”. Not surprisingly, the Federation of Newfoundland Indians and Mi'kmaq residents of the province were worried about the credibility of the enrolment process and the integrity of the first nation. They wanted to be sure that the objectives of the 2008 agreement would be respected.

The intent of the 2008 agreement and the desire of the Mi'kmaq group of Indians of Newfoundland was that membership in the Qalipu Mi'kmaq first nation would be granted primarily to the people living in or around the province's Mi'kmaq communities named in the agreement. While individuals living outside these communities could also become members, the goal of the original signatories was that non-residents would be required to have a strong cultural connection to the Newfoundland Mi'kmaq community. This includes a sustained and active involvement in the community despite their absence.

By the fall of 2012, all parties agreed that additional steps were needed to clarify the document's requirements for the enrolment process. In response, a chief federal negotiator was appointed to explore the measures to address issues connected to the enrolment process. Fred Caron, a lawyer and former assistant deputy minister at the Department of Aboriginal Affairs and Northern Development, collaborated closely with the chief and council of the Qalipu Mi'kmaq first nation and the Federation of Newfoundland Indians.

They jointly agreed on the need for improvements. On July 4, 2013, the Government of Canada and the Federation of Newfoundland Indians announced a supplemental agreement, which resolves the issues that emerged in the implementing of the 2008 agreement.

For instance, the 2013 supplemental agreement extends the timelines to review applications, ensuring that all previously unprocessed applications will be thoroughly reviewed and also ensuring that all applicants will be treated fairly and equitably.

It ensures that all applications received during all phases of the enrolment process will be assessed or reassessed, except those previously rejected. This guarantees that all applicants, no matter when they applied in the process, will be treated in a manner that ensures that their application is considered to the fullest extent required to determine membership.

Especially important, the 2013 supplemental agreement guaranteed that anyone whose application is reviewed will be sent written notification and that those who have submitted a valid application will be given the opportunity to provide additional documentation if required.

It also clarifies how an applicant's self-identification as a member of the Mi'kmaq group of Indians of Newfoundland is assessed. It provides guidance related to an individual's acceptance to the Mi'kmaq group of Indians of Newfoundland. This information is particularly relevant to individuals not residing in Newfoundland Mi'kmaq communities.

This reasonable approach is the only way to ensure the integrity of the enrolment process and that the rules of eligibility for memberships are fairly applied so that all applicants are treated equitably. That is what Mi'kmaq residents of Newfoundland demand and what all Canadians expect.

I would remind members that status brings with it a range of important social and economic benefits, something that cannot and should not be taken lightly. For these reasons, determination of the eligibility of applicants is being made by the enrolment committee, which includes two federal representatives, two Mi'kmaq representatives, and one independent chair.

In the meantime, all current members will retain their status cards. They will continue to be eligible for benefits that are conferred on registered Indians until such time as their status might change, based on the determination of the enrolment committee.

Acquiring first nations status will help the Mi'kmaq of Newfoundland create and maintain a strong foundation of Mi'kmaq culture, growth, and development. This will lead to a better future for today's generation and all those who follow. This is something that generations of Mi'kmaq residents of the province have fought long and hard for, since the 1970s. It is time to resolve this complex and long-running matter, so that those who belong to the Qalipu Mi'kmaq first nation can finally realize this potential.

Some Liberal members are suggesting that the supplemental agreement signed by our government and the Federation of Newfoundland Indians, which is essential for the establishment of the fairness and equitability of all applicants, stands for nothing. These assertions speak to members putting their own personal motives ahead of the interests of those they claim to represent. Our government asserts that the integrity and credibility of the band should be upheld above all else.

These interests are what make Bill C-25 so important. Once the review process is over, the schedule to the order in council that legally created the first nation in 2011 will need to be amended. This is to reflect the fact that some of the names will likely be removed and others will be added to the list of the names of the founding members of the Qalipu Mi'kmaq first nation.

I call on all parties to join us in passing Bill C-25. Let us take these important steps in the process for the Mi'kmaq people of Newfoundland, so they can finally settle these issues and move on to enjoy the benefits of being a first nation.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:30 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I would like to thank my colleague for his presentation. I would like to ask him, to his knowledge, how many nations want to negotiate or are currently negotiating to obtain recognized status as a band without a land base.

Does he think that the bill now before us provides for measures that should be put in place in the future or does the bill have shortcomings that need to be corrected immediately?

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:30 p.m.

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I cannot give the member an exact answer, but I can tell him the importance of this piece of legislation. Bill C-25, although technical in nature, would enable the Governor in Council to amend the schedule for the Qalipu Mi'kmaq First Nation Band order to ensure that only eligible individuals, in accordance with the enrolment criteria outlined in the 2008 agreement, are granted Indian status and the membership of the first nations.

It is important that we get this piece passed. To answer the member's question, it could be used as a model in the future. However, let us worry right now about Bill C-25, getting it done right, and, because of the timeline that has already taken place, getting it done as quickly as possible.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:30 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the issue of status with bands has enormous significance, right across the country. Many people are looking for status. Many people should have status, but do not, and many people who have very marginal claims for status would push for it.

In this case, we understand that there have been many people coming forward claiming the right of status. The question is, how will those claims be adjudicated? What steps will be taken to ensure the validity of the claims? Is there going to be a process in place for appeal? What is the timeline in which this will happen? Justice delayed is justice denied.

We want to make sure this is done properly and that the people who are actually eligible are able to benefit. Could my hon. colleague tell me what the plan is, and what the timeline is for the implementation?

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:35 p.m.

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I thought that the minutes I had spent speaking in the House would probably answer most of those questions, but I will try to go at them again.

The review includes a reassessment of applications of those whose names currently appear on the schedule to the order that legally created the first nations. They have become members of the Qalipu Mi'kmaq first nations and are entitled to registration under the Indian Act. It is expected that the review process will last until the summer of 2015 and be followed by an appeal period. Once the process is completed, the schedule to the order that legally created the band, and which contains the list of names of the founding members of the Qalipu Mi'kmaq first nation, will be amended. We are looking at between now and then for the review of the rest of the applications and completion of the process.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:35 p.m.

Chilliwack—Fraser Canyon B.C.

Conservative

Mark Strahl ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, one of the things we have learned as we have debated this bill is that there is a need for fairness for all applicants, whether they applied early on in the process or they were part of the 46,000 people who applied in the last three months of the process. That brought the total number up to 101,000 applicants, who represent about 11% of the number of registered Indians in Canada.

It has been suggested by some members, in particular the member for Western Arctic, that there should be a special class of applicants. I wonder if the member would agree with me that we should treat all applicants, all 101,000 of them, in the same way.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:35 p.m.

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, that question fits well with what we are trying to decide here today.

A large amount of applications happened at the end of the process. Some decisions had already been made, but for the most part this is a process concerning the whole Qalipu Mi'kmaq nation. All of the applicants will be reviewed and studied in the same way, going back to those who were already there. It is only fair to look at all applicants in the same light rather than rushing because there were so many applications at the end of the process.

It is also clear that there is a need for us to get to it. Bill C-25 should pass so that we can finish this process and work on establishing the Qalipu Mi'kmaq nation and who rightfully belongs to it.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:35 p.m.

Conservative

Diane Ablonczy Conservative Calgary Nose Hill, AB

Mr. Speaker, I am pleased to add my voice to the debate today, and I urge my colleagues to support this legislation.

First, the purpose of the legislation is important. I want to make it clear and state for the record that Bill C-25, the Qalipu Mi'kmaq first nation act, carefully and fully respects and upholds the original intent of the 2008 agreement between Canada and the Federation of Newfoundland Indians that created the Qalipu Mi'kmaq first nation. In particular, it fully respects and upholds the eligibility criteria set out in the 2008 agreement.

Some parts of this debate may have created concern or confusion in the minds of some Canadians about these points. There should not be any concern or confusion. The original agreement is fully and completely respected and upheld.

The bill before us, the Qalipu Mi'kmaq first nation act, is primarily created to enable the Governor in Council to amend the schedule of names and birthdates of founding members of the Qalipu Mi'kmaq first nation. The Indian Act is unclear as to whether this is possible, so the Parliament of Canada wants to make it clear that the Governor in Council can make the amendment to the schedule of founding members of this new first nation.

As others have said, the reason that amending this schedule of membership was needed was because the Qalipu Mi'kmaq leadership foresaw that those wanting to join the new first nation would be those people living in or around the 67 Newfoundland Mi'kmaq communities identified in the 2008 agreement. The parties expected that people would want to be members of this new first nation and that the number of eligible members would be around 9,000 to 12,000. There were about 10,000 members of the Federation of Newfoundland Indians at that time.

What happened, as other members have said, was that although individuals living outside of those communities could also be members, the intent was that even non-residents could have some strong cultural connections with the Newfoundland Mi'kmaq community. However, to everyone's surprise and shock, there was a flood of applications. In fact, there were about ten times the number of applications received than had been foreseen. There were over 100,000 applications during the four-year enrolment process, and most of these, over 70,000, were received in the final year before the enrolment deadline. Therefore, all of a sudden the Qalipu Mi'kmaq first nation was faced with this incredible flood of applications.

It became very clear that there needed to be some precision put forward to operationalize the agreement that created the first nation and the founding members enrolment. The flood of late applications was not only concentrated toward the end of the enrolment period, in fact almost 50,000 were submitted in the last three months before the application process ended. However, about two-thirds of the applicants did not live in Newfoundland or anywhere close to Mi'kmaq communities; they lived elsewhere in Canada.

Therefore, the Federation of Newfoundland Indians recognized that these numbers were not credible and threatened to undermine the integrity of the enrolment process, and that there would be no time to review these applications before the end of the enrolment process. The Government of Canada and the federation entered into discussions, and after very careful discussion in July 2013, a supplemental agreement was reached in which all applications that had been submitted, except those that had been rejected, would be reviewed for a second time.

It is clear that there has to be some integrity in the process. The Qalipu Mi'kmaq first nation wants to make sure that people joining its community have a real and substantial connection and really care about the community and have a commitment to the community. The first nation wants to make sure that people are not just throwing in an application for personal benefit.

The new agreement clarifies the kind of documentation that would be required. It extends the original time limits and treats everyone fairly by applying the same criteria to everybody.

The applicants have already been given notice that their applications are to be assessed or reassessed. The applicants have an opportunity to provide any additional documentation that would be required, given the clarification of the requirements for membership. The deadline was even extended to February 10, 2014.

The only clarifications that were made were designed to eliminate confusion and misunderstanding about the requirements of the enrolment process, such as documentary requirements. The agreement also extended the timeline in order to make sure that everybody had a chance to make a clear and complete application.

The supplemental agreement that the Federation of Newfoundland Indians reached with the Government of Canada carefully and fully respects and upholds the criteria for enrolment that were originally set out. It does not change them in any way. Nothing changes.

However, there seemed to be some confusion about what would be required. That has been clarified, and applicants have a chance, in light of those clarifications, to submit further documentation and to have another review of their application. The legislation would not alter the enrolment criteria in any way, but it makes clear what is required.

What would the bill do? The bill would provide the Governor in Council with the authority to remove names from the schedule of founding members. It would also prevent individuals from collecting any compensation or damages from the Qalipu Mi'kmaq First Nation or the Government of Canada if it is found that their claim to be not legitimate. This is not a new clause. It is legislation under the Indian Act. It protects the taxpayers of Canada and the first nation from a flood of claims that otherwise could paralyze the work of this group.

This is legislation that the Qalipu Mi'kmaq First Nation needs. The first nation has agreed that it needs to go forward, and I hope that members will support it.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:45 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the issue of deciding band lists is very complicated. It certainly has to be done in a manner that is fair to the people who have a right to participate as band members and it needs to ensure that the people who have a marginal claim do not get put on the band list, because there are enormous consequences for the administration in any first nation if it has to deal with people who have very marginal claims who are expecting resources, education, and other resources to be moved through the band.

Given the enormous number of people who have come forward over this period to claim a right to participate as band members, what is the balance between the federal level and the community in ensuring that decisions about the band lists are reached in an accurate and fair manner?

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:45 p.m.

Conservative

Diane Ablonczy Conservative Calgary Nose Hill, AB

Mr. Speaker, I want to thank my hon. colleague and his party for standing with the Qalipu Mi'kmaq First Nation and supporting this important legislation for them.

The member will know the process that has been put in place to assess these applications is a very careful and thorough one. In addition to that, any applicant who is rejected has a right to pursue the matter through the courts as far as that applicant wishes to go.

The Qalipu Mi'kmaq First Nation is bending over backwards to be inclusive for all those who truly qualify, but at the same time it wants to make sure there are no Qalipu Mi'kmaq of convenience, so to speak. This is a very complete and careful process that fully respects the rule of law and the rights of appeal, even through the levels of our courts.

Qalipu Mi'kmaq First Nation ActGovernment Orders

12:50 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the other question I have is in terms of the timeline.

These band lists, especially if there are 100,000 people or so making a claim, have enormous implications for the validity of their elections process. We have to understand who is eligible to vote for leadership and who is not.

Has there been a decision in terms of whether the electorate will be within the community or within a larger territory or will include certain members? How is it going to affect the upcoming elections the community will be facing?