Canadian Museum of History Act June 17th, 2013

Mr. Speaker, the member referred to some examples that I used in my speech, and there were a number of examples of great pieces of Canadian history, certainly including some pieces I referred to that were part of the important and proud history of our efforts in world wars. However, there are many other aspects of our Canadian history that are very important.

He referenced the partner museum to this one. The Canadian War Museum has many artifacts and it is a very valuable museum that many Canadians enjoy. There is so much more to our history over the 150 years of history in this country, and even before, to be shared with all Canadians through this great new museum of history.

The member also asked about the support among Canadians. There is no question that the museum carried out a series of cross-country consultations and gave Canadians all across Canada the opportunity to give their opinions on the personalities, events and milestones that tell the Canadian story. There are many of them. In fact, in total, more than 20,000 Canadians were consulted on the change to the name and the mandate of the museum. They contributed their ideas to the website, panel discussions and round tables all across Canada and shared with us what they would like to see in this new museum of history.

Canadian Museum of History Act June 17th, 2013

Mr. Speaker, it is a pleasure to have the opportunity to speak about Bill C-49 tonight. Bill C-49 would create the new Canadian museum of history.

The new Canadian museum of history would undoubtedly support our rich national heritage. As Canadians know, our government has supported and will continue to support the preservation of important artistic, historical and scientific objects in Canada.

Our government believes in our national museums, and we recognize the tremendous value they hold for all Canadians. Before I get to the main thrust of my speech this evening, allow me just to briefly summarize some of the important aspects of, and some of the rationale for, the creation of this legislation.

The legislation would build on the work that we, as a government, have already been doing and on our reputation here in Canada of having some of the best national and local museums in the entire world. In fact, since 2006, our government has invested an additional $142 million in our national museums. We have also created two new national museums, the museum at Pier 21 in Halifax and the Canadian Museum for Human Rights in Winnipeg.

As we approach Canada's 150th birthday, the creation of the new Canadian museum of history would be an unprecedented opportunity to celebrate our history and those achievements that define who we are as Canadians.

The Canadian museum of history would provide the public with the opportunity to appreciate how Canada's identity has been shaped over the course of our history. One of the aspects I most appreciate is the fact that one of the ways we would be doing this is by enabling content to be shared with and by local museums all across this country.

Certainly the aspect I find to be most important is the fact that there is so much of our history in the collection at the museum now that obviously is not on regular display. There would be an opportunity for some of the other museums in the country to share that content and those displays.

I think of some of the fine museums back in my riding of Wild Rose. There is the Nose Creek Valley Museum in Airdrie. There are some fine museums in the towns of Olds and Didsbury. Banff has a number of fine museums as well, and of course, Canmore has the Museum and Geoscience Centre.

There are a number of those types of museums all across the country that could participate in these kinds of programs to have content shared with their museums, and vice versa. They could share some of the content they may not have on display with the museum here in the national capital region as well. That is one of the key aspects that I had a chance to speak to in more length in the House previously.

I would like to get into some more specifics tonight. I would like to take the opportunity to discuss a very important act, which would benefit the new museum of Canadian history. Since its adoption in 1977, the Cultural Property Export and Import Act has served to encourage and ensure the preservation of Canadian heritage.

This act accomplishes this objective through a number of provisions. First, there is the designation of cultural institutions that have demonstrated the capacity to preserve cultural objects and make them available to the public through things like tax incentives that encourage Canadians to donate or to sell significant objects to designated institutions; and through grants to assist those designated institutions with the purchase of heritage objects; and through export control.

The act controls the export of significant cultural objects and creates the opportunity for our museums, art galleries, libraries and archives to acquire and preserve cultural content for future generations.

The act also contains tax incentives, which encourage Canadians to support our cultural institutions by donating or selling important objects to these organizations. Archeological objects, first nations objects, works of art, military medals, vintage vehicles and even rare fossils and minerals are examples of the types of objects that have been preserved in Canada because of this act.

Objects that are refused export permits can be delayed for up to six months to allow institutions to raise funds and apply for a grant to help purchase them.

Moveable cultural property grants can help museums and other cultural institutions to buy these important cultural and heritage objects. In 2006-07, The Rooms in Newfoundland received a grant to acquire two rare painted caribou skin coats made by the Innu. One was made in the late 18th century and the other in the mid-19th century. Both coats were about to be exported from Canada.

In 2010 the program supported the purchase of the world's largest sample of the Springwater pallasite, which is a rare type of meteorite that crashed to the earth near Biggar, Saskatchewan, in 1931. The Royal Ontario Museum purchased the pallasite with a grant before it too was exported from Canada.

These important objects, and many more, will remain in our heritage institutions as a result of the export controls and the movable cultural property grants program established under this act.

Funds are also available to repatriate important heritage objects to Canada. These objects may have been removed from Canada many years ago but are important to our history. For example, in 2007, the Museum of Northern British Columbia received a grant to repatriate objects from the Dundas collection. This is a significant collection of 19th century ceremonial objects, decorative works and everyday items used by some of the first inhabitants of British Columbia's northwest coast. The collection went to Scotland in 1863 and remained there until it was sold in 2006. Several Canadian museums went to great effort to purchase the collection and return it to Canada.

Another grant was awarded to the University of Alberta library in 2008 to repatriate the Sir Samuel Steele collection. Sir Samuel Steele was one of the most famous members of what is now the Royal Canadian Mounted Police. His papers, which documented the Red River expedition, the early history of the RCMP, the Klondike gold rush and his participation in the First World War are now accessible to all.

Speaking of World War I, in 2009, an important grant assisted McMaster University with the purchase of a map collection of the western front of World War I between 1914 and 1917. These maps were used by Canadian troops on the Western Front and were critical in the Battle of Vimy Ridge and in subsequent victories at Passchendaele. The significance of this collection continues to grow as we approach the 100th anniversary of the beginning of the First World War.

All of these important objects and collections now have a permanent home in public collections in Canada, where all Canadians have the opportunity to learn from them.

The act also encourages Canadians to donate or sell important cultural objects to Canadian institutions through a special tax incentive. About 260 institutions and public authorities across Canada have been designated under the act and are eligible to offer this incentive. These institutions include not only our national museums and major provincial establishments but also smaller regional organizations that preserve our important heritage and make it available to all Canadians. From the Montreal Museum of Fine Arts to the Moose Jaw Museum and Art Gallery and the Prince of Wales Northern Heritage Centre in Yellowknife, these organizations have the capacity to preserve cultural objects for the long term and make them available to Canadians through exhibitions, research access, loans to other institutions or on their websites.

Objects that are certified as being of outstanding significance and national importance to Canada by the Canadian Cultural Property Export Review Board receive the tax benefit. The review board is an independent tribunal of experts created under the act. It determines the importance of the cultural object and its value. Since 1977, thousands of objects have been certified. In 2012-13 alone, 1,360 objects valued at $72 million were donated or sold to Canadian institutions through this incentive program. As a result, museums, galleries, archives and libraries have enhanced their collections and Canadians have had the opportunity to see, study and learn about objects and works of art that otherwise might have remained out of sight and behind closed doors.

In conclusion, the Cultural Property Export and Import Act has enabled museums, galleries, libraries and archives all across Canada to acquire important objects that tell Canada's story to Canadians and to the world. The act continues to protect important cultural objects in Canada and allows for the return of significant heritage objects to Canada. Its provisions have enhanced our public collections with objects that are of outstanding significance and national importance to Canada.

The Canadian museum of history would provide the public with the opportunity to appreciate how Canada's identity has been shaped over the course of our history. Canadians deserve a national museum that tells our stories and presents our country's treasures to the world. Therefore, I am pleased to support Bill C-49, which would create the museum of Canadian history.

First Nations Elections Act June 17th, 2013

Mr. Speaker, what this in fact does is to take the paternalistic parts of an election appeal out of the process.

It takes those decision-making powers away from the minister and the Governor in Council. Those changes are a very key aspect of the bill. I would remind the member of that, and certainly hope there is support from that side on the issue as well.

First Nations Elections Act June 17th, 2013

Mr. Speaker, that is a great question and it hits on a very key aspect. Certainly with regard to this incremental approach we are doing as far as working toward changes that would help improve conditions and create new opportunities for those in first nations communities, I would look at things like the changes to land management. There is a number of first nations communities which are very excited about the potential economic developments that could occur there. It would mean jobs for members in first nations communities, which would mean improvements. When we look at some of the more progressive first nations that have taken some of these opportunities and worked toward economic development initiatives, there are some great success stories.

The member is right in saying that those kinds of opportunities, when they are taken, and the examples of the success stories that are out there, would incite and encourage other first nations to follow in those footsteps. I believe that is where the opportunities would be for improvements of the lives of those in first nations communities.

First Nations Elections Act June 17th, 2013

Mr. Speaker, I will once again remind the NDP member that this is an opt-in process for those bands which choose to do so.

I was glad to hear the hon. member mention in her comments that the NDP support the idea of the four-year terms. The instability created by short two-year terms of office can be problematic for first nations communities.

I wonder if the NDP also supports some of the other things that the bill would fix. With regard to the lack of rigour in the process to nominate candidates, often frivolous nominations are invited, making for excessively long slates of candidates. There have sometimes been over 100 candidates for positions. Does the NDP support the removal of the paternalistic elections appeals process that involves the department and affords decision-making powers to the minister?

The system now is vulnerable to abuse and to fraudulent activities because of the absence of defined offences and associated penalties that act as a deterrent. I would certainly hope that the NDP is supportive of those measures in the bill—

First Nations Elections Act June 17th, 2013

Mr. Speaker, any time that citizens have an opportunity to make their own choices about their government, obviously that is always something we want to see. I believe that opportunity would be welcomed by first nations members all across this country.

First Nations Elections Act June 17th, 2013

Mr. Speaker, in response to the member's question, I should point to something I mentioned in my speech. It was a quote from the Prime Minister, who basically said that we cannot take the tree, remove it and blow up the stump because it would leave a big hole. We are moving in steps and creating opportunities and options for first nations governments that choose to do so. Whether it would be looking at new opportunities for economic development creation on reserves through changes to the land management reserves, or whether they would be able to opt into another alternative for elections processes, we would get to where we need to be in an orderly and coherent fashion. I believe that is the approach we need to take.

First Nations Elections Act June 17th, 2013

Mr. Speaker, I think the member has missed a very key component of this legislation, and that is the fact that this is an opt-in system. It is an opportunity for those first nations that choose to participate in this alternative method. As I outlined in my speech, there are a number of different ways.

Certainly there are about 40% of bands that participate under the current Indian Act process. There are a larger number of reserves which have community election codes. However, this is an opportunity for those first nations that wish to have another alternative. It removes the minister from the appeals process. It gives an opportunity for those willing first nations that want to opt into this type of a process with an opportunity to do just that.

First Nations Elections Act June 17th, 2013

Mr. Speaker, in an ideal world, there would be no need for debate on this bill. The outdated and paternalistic elements of the Indian Act governing first nations elections would no longer have any effect, because first nations would be universally self-governing. That is the goal we are all working toward.

Unfortunately, however, this is not yet the case for the majority of first nations across the country. Some communities on their way to self-government have employed different strategies, such as adopting community election codes that help them get around holding their elections under the Indian Act, but not every community has the capacity to take that on either. Others have chosen to focus their energies and resources on the many other high-priority issues that they face.

We want to meet first nations like these halfway, by providing an alternative to the current Indian Act election system. It is an out-of-date system that has remained largely unchanged since the 1950s. It is riddled with weaknesses and problems that destabilize first nations governments. It is a system that is not only frustrating but also, in many cases, undemocratic.

It is little wonder that so many first nations have demanded another option in addition to the systems currently on offer. That is exactly what Bill S-6 would provide. It would provide another way for first nations to hold elections that is outside of the outdated election system set out in the Indian Act.

Before exploring the many benefits of this legislation, it would be helpful if I first explained a little bit about the various electoral systems currently available to first nations.

Different communities exercise different approaches to elections. At the moment, 238 first nations hold their elections under the Indian Act system. This represents about 40% of all communities. The many problems, and even abuses, under this system have been well documented in numerous reports and reinforced by various speakers during this debate.

The majority, 343 first nations, or 55% of the total across Canada, select their leadership under a community-based system. Most of these first nations develop their own community election codes to elect their leaders. For many, this system offers the essential elements of good governance: open and transparent elections and effective mechanisms for redress when necessary.

Unfortunately, that is not always the case. A small percentage of first nations with community election codes experience recurring disputes, some of which have led to breakdowns in governance, the imposition of third party management and lengthy and costly court actions between community members.

These disputes are usually based on a lack of community consensus on the actual election rules and procedures, exacerbated by the absence of a viable redress mechanism. There have been occasions when two separate election processes have been held in parallel in the same community, with those elected in each case claiming to be the legitimate and duly elected leaders. Needless to say, all of this negatively impacts community well-being and discourages economic development.

The remaining 36 first nations, or about 5%, have leadership election systems based on their community constitutions under self-government arrangements. As I mentioned earlier, this is the ultimate goal to which most first nations aspire.

As I also noted, many communities still caught with the Indian Act system may not be ready to take on self-government or even go so far as to develop community election codes. However, that does not diminish their desire to have an alternative: a fairer, more transparent and more accountable way of conducting elections on reserve.

I want to be clear that I am not talking about every first nation in the country. There is no question that there are some that seem satisfied with the status quo, while others may accept nothing less than self-government. I can assure the House that Bill S-6 would provide a robust election system for those who may choose it.

John Paul, executive director of the Atlantic Policy Congress of First Nations Chiefs, testified on these issues before the Standing Senate Committee on Aboriginal Peoples.

This legislation is precisely what many communities want. People in first nations communities all across the country have told us that they want change that leads to self-government, but they want it to be built on a solid foundation. They want certainty and stability, which they do not now have.

What many of these first nations are looking for is what Jody Wilson-Raybould of the Assembly of First Nations described in her appearance before the Standing Senate Committee on Aboriginal Peoples when it examined Bill S-6. She said, “...“stepping stone” legislation, such as Bill S-6...fits into and supports a vision of moving along the continuum of governance....” That is who this legislation is for. At their request, our government has been working in collaboration with first nations partners to develop an optional legislative framework for the election of band councils that covers this middle ground.

We have followed the lead of our first nations partners, the Atlantic Policy Congress of First Nations Chiefs and the Assembly of Manitoba Chiefs. They have done the necessary research and conducted consultations in their own regions as well as across the country to come up with the viable new option outlined in Bill S-6. Bill S-6 would provide an optional electoral system that would ensure transparent and accountable governments, while providing first nations with the flexibility to choose the elections system that best suits them.

Our government simply wants to create the conditions for strong, stable and effective first nations governments that are transparent and accountable to their membership. A free and fair leadership selection process promotes accountability of leaders back to their band members rather than to the Government of Canada. It is a cornerstone of greater self-government and better outcomes. Bill S-6 is a concrete step forward in that direction. It is not meant to be a one-size-fits-all remedy for all that is wrong in the existing election system under the Indian Act.

The legislation would help those first nations that choose to opt in to overcome the numerous limitations of the Indian Act election system. It is designed to address the several weaknesses identified in the AFN study on election reform in 2008, the Senate committee's 2009 study and the thorough work of the APC and the AMC, problems that are holding back too many first nations communities at a great cost to their economies and to the well-being of their citizens.

Ideally, we would do away with the outdated Indian Act altogether. However, it cannot be replaced overnight. That would only create more problems than it solves. As the Prime Minister observed at the historic gathering, after 136 years that tree has deep roots. Blowing up the stump would just leave a big hole. We certainly do not want to do more harm than good.

The alternative is to modernize the most damaging provisions of the Indian Act. This could be achieved not by updating the Indian Act itself but by equipping first nations with new tools and mechanisms to manage their affairs. That is how we could creation conditions that enable sustainable and successful first nations. As they build capacity and create the certainty necessary for investments they can unlock the untapped wealth on their lands, creating employment and improving social services for their citizens.

That is exactly what our government has been doing. We are taking important incremental steps forward to achieve the results first nations desire and that our government is determined to deliver. For example, we support Bill C-428, the Indian Act amendment and replacement act. It proposes a series of modifications to the Indian Act, some of which eliminate paternalistic sections such as those dealing with residential schools and bylaws. Other parts of the bill propose amendments that help contribute to healthier, more self-sufficient first nations communities. They dovetail with aspects of Bill S-6, which reduce ministerial involvement in community businesses. Bill C-428 would provide greater accountability and responsibility of first nations governments to their members and improve their capacity to meet the needs of their communities. This would be achieved by diminishing the role played by the Minister of Aboriginal Affairs and Northern Development in the day-to-day lives of first nations.

The numerous proposed amendments to the Indian Act contained in Bill C-428 are our government's larger objective of providing first nations with the tools, resources and authorities they need to eventually transition completely out of the Indian Act.

This same objective and philosophy are at play in the First Nations Land Management Act. Prior to the enactment of the First Nations Land Management Act, first nations were hamstrung by the cumbersome land management provisions of the Indian Act. Instead of moving at the speed of business, the Indian Act slows the system to the pace of internal approval processes within the federal government. Needless to say, this often stands in the way of time-sensitive economic opportunities. Both first nations and their private sector partners complained loudly about the challenges of delayed decision-making.

The first nations land management regime enables first nations to opt out of the land resource and environmental management sections of the Indian Act. It removes many of the impediments of the outdated Indian Act, allowing for the creation of greater economic development opportunities and allowing communities to seize business development opportunities.

The legislation gives first nations that opt into the program the freedom to manage reserve lands under their own land codes. They can also negotiate contracts and enter into joint ventures with other communities, governments and with the private sector without ministerial approval.

Chief Ann Louie of the Williams Lake Indian Band in B.C., one of the first nations that opted in to the First Nations Land Management Act, is on record as saying, “It represents almost freedom, getting into self-governance away from the Indian Act so that we can manage our own lands so that our people can become prosperous and develop economically.” Her enthusiasm is backed by studies of the regime by KPMG. It has concluded that in addition to increased job creation on reserves in communities that utilize it, the First Nations Land Management Act option is proving to be a practical step toward self-government.

The First Nations Fiscal and Statistical Management Act is another example of legislation that diminishes the minister's role for communities seeking greater control over their financial affairs. The legislation provides an alternative avenue to the Indian Act for first nations determined to achieve self-sufficiency. It allows first nations to develop a sophisticated, transparent and responsive property tax system on reserve. It also creates a securitized first nations bond regime that gives them access to municipal-style financing to invest in infrastructure on reserve. And it supports first nations' capacity in financial management, all of which support economic development.

Communities that choose to utilize its provisions can draw on the services and supports of the first nations institutions created under the act. As they do, outside investors can proceed with confidence and first nations can negotiate from positions of strength because the act provides the type of certainty that is lacking under the Indian Act.

The improvements contained in the acts I have talked about today have come about at the request of first nations that want greater control over their communities' day-to-day activities. We have been listening, and we are acting.

Bill S-6 is yet another piece to join the family of legislation to support first nations by offering a legislative alternative to first nations elections that would not involve the minister. It would provide the foundations for more stable and effective first nations governments through longer terms of office. With four years between elections, first nations governments would be able to work with potential partners for longer term development opportunities that would bring prosperity.

Bill S-6 fits with what other legislative initiatives have done, which is to provide alternatives to the Indian Act for willing first nations on important subject matters. These acts lay the groundwork and provide the frameworks for first nations to be successful, and successful first nations means a better quality of life for their members.

Bill S-6 is opt-in legislation. First nations could choose to adopt it or not to adopt it as they see fit.

From Bill S-6 to Bill C-428, these examples of modern legislation that empower first nations send a strong signal. We are focusing the federal role to that of an enabler rather than that of an impediment to progress. Our government is committed to putting an end to the historic isolation of first nation communities that has marginalized these members of our society for far too long.

Step-by-step, bill-by-bill, we are responding to first nations calls for greater decision-making powers and less ministerial involvement. In the process, we are creating the conditions for strong, effective and accountable governments for first nation communities. We are providing first nations with the tools they need to become more self-sufficient as they work their way toward self-government.

It is now up to us, as parliamentarians, to take the next step forward on this path of steady progress. We must support first nations, which are demanding change. We are calling for all-party support to unleash the tremendous potential of Bill S-6, the latest in a series of legislative reforms that remove the shackles of the Indian Act for those first nations that opt to take advantage of its new authorities.

I am asking all members to join us in our efforts to help first nation communities achieve their goals, for the benefit of their residents and our country as a whole.