Mr. Speaker, I am pleased to rise to speak to Bill C-30.
When the Bloc Québécois talks about aboriginal issues, we do so of course with considerable feelings of solidarity. Indeed, for some time now, we have felt that aboriginal peoples form nations. Our Bloc Québécois Indian affairs critic, the congenial member for Abitibi—Témiscamingue, is very committed to defending aboriginal rights. This was definitely the case when he took action to promote the signing of the UN declaration. This government manoeuvred behind the scenes at the UN—that undeniably important multilateral forum—to minimize the protection that could be offered to first nations, to aboriginal nations. What a disgrace.
We cannot overstate just how right people are to be concerned. When this government looks at human rights, it usually does so from a negative point of view. We could be talking about aboriginal matters or the court challenges issue. Our colleague, the Bloc Québécois critic for the status of women, could be talking about women's rights. There is equal cause for concern on all those issues, which only shows that to be a right-wing political party in Canada means to look at things differently when it comes to promoting, defending and encouraging human rights.
I could also point out that the Conservatives have voted against gay and lesbian rights at every opportunity. These MPs, whether they are in opposition or in power, vote against prohibiting discrimination based on social condition. This is a dreadfully conservative government that has no sympathy for human rights.
However, that will not stop me from saying that the Bloc Québécois is supporting Bill C-30. I said this earlier and I will say it again quite proudly: in the history of the sovereignist movement, there has always been a great deal of sympathy for the issue of aboriginal rights. Some may have seen the television series on Radio-Canada that told the story of the career of René Lévesque, the former Premier of Quebec. He led the government from 1976 to 1985. This series has been criticized, I admit. Some facts were considered historically inaccurate. Nonetheless, one extremely well acted scene recreated a meeting between René Lévesque and the chiefs of the first nations of Quebec.
In Quebec, we have always promoted aboriginal languages. We have used public funding to make it possible for these languages to be taught. Whenever possible, these languages have been promoted, but not to the detriment of communicating with the majority. René Lévesque was the first to recognize the rights of the first nations. Today, this is a very robust right. Some 20 years ago, it was an emerging right. It is rather revolutionary, unprecedented and visionary to stand up for ancestral rights. In Quebec, we have been doing that since 1985. In Canada, this is part of the Canadian Charter of Rights and Freedoms. However, I think we have to pay tribute to René Lévesque for the vision he demonstrated when it came to recognizing aboriginals.
The purpose of Bill C-30 is to create an independent tribunal that will decide on specific claims of first nations. Decisions will be made on the treatment of specific claims in Canada. This is an important aspect of the conflict resolution process for disputed land claims in some parts of Canada and Quebec as well.
According to the Constitution, the federal government has a fiduciary responsibility toward aboriginals. It must protect them. It is therefore responsible for seeing to it that they live in the best possible conditions.
In 1947, Canada achieved full judicial independence and was no longer answerable to the Judicial Committee of the Privy Council in London. Since then, several joint and senate committees have recommended the creation of an independent specific claims tribunal. If I am not mistaken, the Erasmus-Dussault commission, chaired by a former judge of the Quebec court of appeal, also made that recommendation in its report. As I recall, Jane Stewart was the Liberal government minister responsible for aboriginal affairs at the time.
Of course, the recommendation to create a specific claims tribunal for first nations has a history because chiefs and authorized first nations representatives have been asking for it for 60 years now.
The Bloc Québécois wants to point out that negotiations are still the most common way to resolve claims. The tribunal proposed in Bill C-30 would have the power to render binding decisions. The fact that these binding decisions constitute a legal obligation to implement the terms is invaluable.
A number of things require clarification here. First, the tribunal that is about to be created—and this is a sensitive issue in public opinion—will not make land grants. The purpose of a legal tribunal is not to grant lands or to rule on territorial boundaries. The tribunal that we are about to create—and I repeat, the Bloc Québécois supports this bill—will rule on compensation. In other words, it will recognize that certain historical injustices have been perpetrated, and it will recommend financial compensation.
The tribunal will have a $250 million operating budget over 10 years, and may hear cases with up to $150 million at stake. It may deal with land claims of varying size. Some cases will be smaller, others larger, but the tribunal proposed in this bill will not be able to award more than $150 million in financial compensation.
I repeat that this tribunal will not be able to award lands; it will only be able to rule on financial compensation. Claims that can be sent to this tribunal for a ruling will have to be at least 15 years old. Land claims must deal with past grievances of the first nations. They must relate to Canada's obligations under historic treaties or the way it managed first nation funds or other assets, including reserve land.
I remind members that under the Constitution, Canada is the trustee for first nations' assets and rights. It is their guardian.
Under this bill, there are three situations in which the tribunal can hear and rule on land claims. The first is when a claim has been rejected by Canada, including a scenario in which Canada fails to meet the three-year time limit for assessing claims.
Under the existing arbitration and claims process, Canada, through its various land claims commissions, usually has three years to rule on the dispute or the outcome of a claim. If that does not happen, the dispute will automatically be eligible to be deferred to this new tribunal.
The tribunal will also be able to rule on a claim at any stage in the negotiation process if all parties agree, or if there is a consensus to defer the issue to a claims tribunal. The third case in which the tribunal could be asked to rule is after three years of unsuccessful negotiations.
Therefore, the tribunal will examine questions of fact and law to determine whether Canada has a lawful obligation to a first nation. Six full-time superior court justices will be appointed. We know that the federal government appoints superior court justices. The members of the tribunal will be chosen and appointed in accordance with the current judicial appointment process. Usually, there are selection committees.
Naturally I consider it to be my duty, as the justice critic, to digress briefly and remind this House that this government has been shameful, lacked judgment and acted despicably and inappropriately in wanting to change the composition of the judicial selection committees. We remember when the current President of the Treasury Board was the Minister of Justice. He is one of the most conservative members of the Cabinet. I could use other words, but will refrain in order to respect parliamentary standards. The fact remains that this government has been and remains intent on appointing police officers to judicial selection committees.
We all remember the uproar this caused when the Standing Committee on Justice and Human Rights was holding meetings. The current chair of the justice committee has pushed the limits of effrontery, nerve, bad manners and a lack of fair play in not convening the committee, which is nevertheless a committee with one of the most important mandates in this House. Why is the chair refusing to convene the committee? The Conservative government does not want this committee to shed light on the Cadman affair and it does not want us to play our parliamentary role as we are entitled to do. The committee is asking whether or not there was an attempt to buy votes during the last years of the Martin government.
Six superior court judges will be appointed on a full-time basis to this new specific claims tribunal. We hope that there will be no interference in the appointment committees for these judges and that they will be appointed in accordance with a process which, up until the Conservative government decided to intervene inappropriately, has honoured our Canadian judiciary.
The judges will hand down decisions that are binding and not subject to appeal. This is one aspect of the bill that has been criticized and is somewhat controversial. Ordinarily, the rule of substantive law allows a right of appeal. Unfortunately, I must remind hon. members that there are precedents in this House. There is still no appeal mechanism for refugee claimants.
Even though the Bloc Québécois worked hard to ensure we could have a refugee claim appeal mechanism, it still is not in place. And I understand that this will also be the case for the tribunal that will be created, despite the representations made to the committee.
However, even though this tribunal will hand down binding decisions that are not subject to appeal, a judicial review will be possible. All federal laws are subject to judicial review. Of course, at the trial level, it is generally conducted by the Federal Court and the Federal Court of Appeal.
What is a judicial review? It is a procedure that takes place when there is reason to believe that a decision was handed down without regard for the principles of natural justice or the jurisdiction of the tribunal. Judicial reviews are rather specialized appeals that generally do not pertain to the reasons for the decision but rather to procedural issues of compliance.
The tribunal will not be exempted from reporting. This is only natural, seeing as millions of dollars are at stake. The tribunal will report to the House annually. Presumably, this annual report will be tabled by a minister of the crown. I do not know whether it will be the Minister of Justice or the Minister of Indian Affairs and Northern Development, but we will have to keep a close eye on this. Obviously, the tribunal will have to report on its spending, as it is being funded with taxpayer dollars. And the work of the tribunal will be subject to review. There is a clause that calls for a review after five years. This is nothing out of the ordinary.
I am thinking, for example, of the infamous Anti-terrorism Act. When the Liberals brought in this law, I was in the House with our transport critic, the member for Argenteuil—Papineau—Mirabel—one of the best organizers in Quebec, as my colleagues know—and the member for Saint-Jean, and we told the minister responsible for the legislation, Anne McLellan, that her Anti-terrorism Act would not stand up to the scrutiny of the Supreme Court.
Once again, the Bloc Québécois was right to make its recommendations and the Supreme Court ruled as we said it would, just as it did on the issue of security certificates, which, as everyone knows, completely contravene a principle of natural justice: the right to access evidence.
I see I am running out of time. The Bloc Québécois supports this bill. We do so in solidarity with first nations peoples, and we are appealing to all members to pass this bill. Of course we have some questions but, on the substance, we are in favour of this bill. I cannot help but ask the government, particularly the parliamentary secretary, to reconsider its position on the UN Declaration on the Rights of Indigenous Peoples and to put an end to this completely shameful dithering—which is a disgrace within the international community. I hope the government will come to its senses and allow Canada to join this international convention, until Quebec can do so autonomously on the international stage.
Do I have one minute left or two? Okay, I see I have one minute left. I thought my colleagues would want me to have two minutes, but we are living in very competitive times and, despite the genuine friendship between the government and the opposition, I know the government is keeping an eye on me, but I would like to assure it of complete reciprocity in that regard.
I will close by saying that, in addition to accountability, the Bloc Québécois hopes that the implementation of this tribunal will settle the 138 outstanding specific claims in Canada.
We obviously hope that we can quickly proceed with the appointment of judges.
