Rob Clarke

[Indian Act Amendment and Replacement Act, October 25th, 2013]

Mr. Speaker, all the proposed changes within this bill have been derived from direct feedback from first nations members.

As a first nation citizen living under the Indian Act and as a former RCMP officer enforcing the act, I know first-hand the racist and debilitating nature of the laws contained within it.

Initially, when I first brought forward this legislation, not everyone fully understood the intention behind this bill. However, when people actually saw the changes that I am proposing, these misconceptions were swiftly erased.

Despite only having limited resources available to me as a private member, I am delighted to have had the opportunity to discuss the finer points of the bill with many prominent members, both leaders and community members, of first nations across Canada.

The fact remains that everyone agrees the Indian Act is an archaic and fundamentally bigoted piece of legislation that governs the day-to-day lives of first nations and that it must go. No other Canadian is subject to such an offensive piece of legislation that interferes in their day-to-day lives.

Any concerns that this bill is an attempt to totally eliminate the Indian Act and leave nothing in its stead have long since been laid to rest. However, I believe that the practical and incremental changes proposed in the bill can lead to further meaningful conversation about how the Indian Act could be dismantled and replaced.

It is important to highlight that Bill C-428 includes a mandate to ensure ongoing consultations between first nations and the crown, working together to ultimately repeal and replace the entire Indian Act. Though this piece of legislation does not represent a complete replacement of the Indian Act, I believe it is the first step of meaningful change.

The fact that my private member's bill has generated so much attention is indicative of the ongoing sensitivity of the issues which surround the Indian Act.

During the course of the formulation of this private member's bill I wrote on six separate occasions to more than 600 first nations communities across Canada asking them to share information about my bill with their membership and to provide me with their feedback. The input generated by these letters has been integral to the continuing development of my private member's bill.

Additionally, I have had the pleasure of holding discussions with numerous first nations leaders and activist organizations and groups about the nature of the Indian Act and the changes I am proposing.

It has been my honour to hold information sessions with first nations bands and major organizations in Saskatchewan, Alberta, British Columbia, Manitoba, Ontario, and Quebec. I have given presentations to student groups, aboriginal professionals, and interested non-aboriginals on the nature of Bill C-428. A YouTube video explaining the bill has been made available to all members of the public. I did two national tele town halls with first nations on this legislation just last spring. Since August 2012 I have been advertising widely on aboriginal radio across the west and also in my riding asking for input on my bill. My Parliament of Canada website hosts a section devoted to the bill and contains a survey seeking input.

All of those actions and initiatives provide a wealth of information sharing, with knowledge and appreciation of viewpoints travelling in both directions.

I am proud to say that I have the support of many first nations members and bands within and outside of my own riding.

I would like to take this opportunity to briefly summarize some areas of this legislation.

The Indian Act has created barriers between first nations and the rest of Canada. These barriers are economic, cultural and societal.

Our government is committed to supporting first nations and to creating the conditions for them to become healthier and more self-sufficient while breaking down these barriers.

One of my goals in the creation of this bill was to remove unused archaic, irrelevant, and offensive sections of the Indian Act, for instance, the section requiring first nations to gain the approval of the minister before enacting bylaws on their own first nations lands.

Bill C-428 would remove this requirement, allowing first nations councils to create and publish their own laws, in much the same way and manner that any other local government is allowed to enact a local law. No other community or level of government in Canada requires the permission of the minister to enact such laws.

These sections are part of a complex legal underbrush that makes the Indian Act an irrelevant and antiquated piece of legislation. Although incremental, the changes I am proposing are concrete actions which would create enduring changes in the lives of first nations citizens. Bill C-428 would also remove references to residential schools from the Indian Act. As a grandson of two residential school survivors, I have seen first-hand the devastating effects that residential schools have had on our people. There is no place in Canadian law in the year 2013 for residential schools. I cannot wait for the references of this shameful period of our nation's history to be erased from the books.

This bill would also ensure consultation on the eventual repeal and replacement of the Indian Act with a more modern and respectful document that would treat first nations governments with mutual respect. By legislating the requirement of the annual report from the minister on the progress made toward repealing and replacing the Indian Act, we would ensure the process is kept on track. This process acknowledges that parts of the Indian Act as it stands have served and can continue to serve well for first nations communities.

To quote the Prime Minister:

The Indian Act cannot be replaced overnight, but through the use of existing tools and the development of new mechanisms, both parties can create the conditions to enable sustainable and successful First Nations.

That is what is at the heart of this private member's bill. We, as parliamentarians and Canadians, simply need to have the courage and political will to take these first incremental steps toward a better relationship between our federal government and Canada's first nations.

As my colleagues should be aware, a number of further improvements to my private member's bill were made at the committee stage. For example, due to the change in the sections of the Indian Act dealing with bylaws, we are adjusting the wording of the bill to ensure that first nations communities maintain their right to control alcohol on reserve. In addition, we have made another change that would provide flexibility in the publication of bylaws so that first nations could choose the manner in which they wish to inform their membership and visitors to their communities of the laws they have passed.

In conclusion, I can find no one who would support the continuation of the failed colonial, and fundamentally racist, Indian Act that served as a template for South African apartheid. Apartheid was abolished in South Africa in 1994, and yet the Indian Act, the parent legislation, is still part of Canadian law in 2013.

Bill C-428 would kick-start the process by which we could bring our government's relationship with Canada's first nations out of the 19th century and into the modern era. I would be proud to have a hand in the creation of a better world for first nations through the repeal of this bigoted Indian Act and its replacement with a more modern and respectful document.

[Indian Act Amendment and Replacement Act, October 25th, 2013]

moved:

Motion No. 2

That Bill C-428, in clause 3, be amended by replacing line 14 on page 2 with the following:

“25, 28, 37, 38, 42, 44, 46, 48 to 51 and 58 to 60 and the”

Motion No. 3

That Bill C-428, in clause 4, be amended by replacing line 20 on page 2 with the following:

“Minister otherwise orders, sections 42 to 52”

Mr. Speaker, developing, introducing and refining Bill C-428, an act to amend the Indian Act and to provide for its replacement, has been a tremendous experience. I thank all of those, colleagues here in the House and first nations across the country, whose input has helped to shape the bill we have before us today.

As I have stated on several occasions already in the House, the rationale behind my introduction of the bill is the generations of first nations' dissatisfaction with the Indian Act, something that I, as a first nations man, know first-hand.

The Indian Act is a paternalistic document that portrays outdated Canadian values and represents a sad and ignorant period in Canadian history.

I first introduced C-428, an act to amend the Indian Act and to provide for its replacement, in order to provoke meaningful conversation about the need to repeal this outdated and archaic act and to create a more modern and less objectionable legislative framework in its place. I think I have done that.

In December 2011, this was not a topic--

[Justice, October 23rd, 2013]

Mr. Speaker, no other government in Canadian history has done more to stand up for victims of crime than our Conservative government. Whether it is repealing Pierre Trudeau's faint hope clause for murderers, cracking down on child sexual offenders or creating a federal victim strategy, Canadians can count on our government to stand up for victims. This is one reason why our government has introduced and passed legislation to double down on the victim surcharge and make it mandatory in all cases without exception.

Could the Minister of Justice please inform the House when this important legislation will come into force?

[Leader of the New Democratic Party of Canada, June 18th, 2013]

Mr. Speaker, it is clear that the Leader of the Opposition possesses dangerous driving skills. Last week, the Leader of the Opposition ran through five stop signs, committed five Criminal Code infractions and refused to pull over when emergency lights on a fully marked police car were activated.

As a former RCMP officer, I too have encountered individuals who think they are above the law. When finally stopped, he tried to intimidate the officer saying, “You're going to be in a lot of trouble”.

The Leader of the Opposition then had the audacity to hide during question period instead of immediately apologizing to Canadians and the RCMP.

To make matters worse, the member for Timmins—James Bay insultingly referred to female officers as “meter maids”. I have worked with many excellent female officers and stand with them and all those who risk and gave up their lives serving in the RCMP.

The Leader of the Opposition endangered Canadians, and his driving could have resulted in someone being hurt or worse.

[First Nations Elections Act, June 17th, 2013]

Mr. Speaker, under the current system and the current Indian Act, we see how first nations have to appeal the process. There are numerous funding mechanisms being utilized to address those corrupt or misleading elections.

We have heard from the Manitoba first nations about how they want the system to be. They have gone across Manitoba. Chief Evans has been paramount in trying to address all elections that first nations face across Canada. For one thing, if a mechanism is in place, there would be fewer corrupt practices or fewer first nations appealing the current election system. That is where money will be saved, because under Bill S-6, for first nations to participate and opt in, there will be cost savings.

[First Nations Elections Act, June 17th, 2013]

Mr. Speaker, under the Indian Act electoral system, election appeals are received and reviewed by departmental officials based on evidence gathered. If it is determined that there was a corrupt practice in connection with an election or that there was a violation of the rules that might have affected the results of the election, the minister may recommend that the Governor in Council set aside the election. In the event of a finding of a corrupt practice, the minister may also remove elected officials and prevent them from being candidates in future elections for a period of up to five years.

I have seen this countless times. I am hearing from my constituents on first nations reserves, and currently from Ahtahkakoop First Nation, that they are having problems under the old Indian Act in trying to address this current election process. That is why Bill S-6 is pivotal in trying to reform elections for first nations under the current Indian Act.

[First Nations Elections Act, June 17th, 2013]

Mr. Speaker, having lived and worked in first nations communities and witnessed first nations elections, what I have seen throughout the process, specifically under the outdated Indian Act, which goes back to 1876, is that there is a lot of corruption. I have seen first nations chiefs, past and present, campaign during their elections and provide funding or, if I could put it more bluntly, bribes of $50 to $100. There has to be some mechanism that looks at that problem.

That is why the framework for election appeals under the Indian Act is one of the most criticized components of that election system, particularly because it involves a paternalistic role for the minister in making decisions to remove elected officials and recommending the setting aside of elections.

One of the key criticisms of this process is simply that the minister should not play a role. In addressing appeals under Bill S-6, the creation of an independent first nations electoral appeals commission was reviewed, and there are a number of reasons that the commission was not deemed the appropriate strategy. One is that this option would require a significant amount of resources, which would be difficult to justify for an optional legislative framework. Second, the role such a commission would play in electoral appeals is questionable, particularly given that the offences and penalties provisions of Bill S-6 would be responded to and addressed by law enforcement, crown attorneys and the courts. That is what first nations are asking for: the same privileges that every other Canadian has provincially and municipally.

[First Nations Elections Act, June 17th, 2013]

Mr. Speaker, I appreciate this opportunity to add my voice in support of this very worthy legislation, which would see the federal government stop meddling in first nations' electoral affairs, which rightly rest with those communities.

As some of my hon. colleagues have explained, current provisions in the Indian Act have created a democratic anomaly within Canada. Instead of empowering first nations community members to exercise their democratic rights and hold their own governments to account, the Indian Act places the responsibility in the hands of the Minister of Aboriginal Affairs and Northern Development. This is completely backwards. That is why our government has introduced the first nations elections act. It would provide an alternative to the paternalistic Indian Act and would put the accountability squarely back with first nations members where it belongs.

The Minister of Aboriginal Affairs and Northern Development plays a disproportionately large role in first nations elections, one that he would gladly give up.

Sections 74 and 79 of the Indian Act set out the rules and regulations governing the current electoral system. Under section 74, the minister may declare by order that a first nation hold elections under the act and the Indian Band Election Regulations. Since 1951, approximately 350 first nations in Canada have been ordered to hold their elections under this system. Over time, 100 first nations have been removed from the system and now hold their elections under the community elections system instead.

All first nations that hold their elections under the Indian Act are subject to the same rules and eligibility requirements. The Indian Act sets out the size of a band council based on a first nation's population, generally called “the one per 100 rule”. It stipulates that a band council shall be made up of a chief and one councillor for every 100 members a first nation has. Although the act allows a first nation to reduce this complement of councillors, any such change requires the approval of a minister.

A typical election under the Indian Act includes the appointment of an electoral officer charged with managing the overall election process and all related activities. This appointment must be approved by the Minister of Aboriginal Affairs and Northern Development. Aboriginal Affairs and Northern Development Canada provides training support to electoral officers throughout the election to ensure compliance with the election rules under the Indian Act. Once elected, the chief and councillors hold office for two-year terms.

One of the most serious complaints about the Indian Act system arises when election results are disputed and a lengthy appeals process begins. At the moment, election appeals are received, reviewed, and, if necessary, investigated and decided upon by the department and the minister. The minister has the authority to remove elected officials and to recommend the setting aside of elections. Most appeals relate to election results. The minister can declare that a specific elected official was guilty of corrupt practices in connection with an election. Such a declaration causes the council position to become vacant. The minister may also declare any individuals removed from the office to be ineligible to be candidates for up to six years.

If it is determined that corrupt practices took place or that there was a violation of the Indian Act or the regulations that might have affected the results of the election, the minister reports to the Governor in Council. Only the Governor in Council has the power to set aside an election. If the election of a band council is set aside in its entirety, another election is held under the accelerated process.

It is no secret that first nations are critical of the electoral process under the Indian Act. They complain, with justification, that it sets out an electoral regime that is antiquated and paternalistic. That is not surprising when we consider that the minister even has the power to remove someone for missing band council meetings.

First nations members believe that the minister and his department are far too involved in elections on reserves, especially in handling appeals. The framework for an election appeal under the legislation is one of the most criticized components of the election system. In this day and age, approving changes to the number of councillor positions on a band council, approving a first nation's choices of electoral officer, investigating election appeals, removing elected officials for whatever reason and banning them from running in future elections, and setting aside elections in their entirety are simply roles the government and the minister should not be playing.

I cannot stress enough how paternalistic this is and how it goes completely against the view that first nations band councils are governments and should be treated as such.

Our government agrees entirely that first nations have good grounds for these criticisms. We understand that they want a better alternative. Members on both sides of the House believe that sticking with the status quo makes no sense and is just plain wrong. This simply will not wash with the growing number of first nations that are fed up and frustrated with the current system.

It is long past time for us to fix these structural flaws and it is time to implement the many recommendations brought forward by first nations, which form the foundation of this proposed legislation. They, and we, want to bring the system into line with the way other jurisdictions work.

This modernization is consistent with other first nations legislation, from first nations lands management and financial management to local by-laws. Doing so would strip away some of the electoral system powers that rest with the Minister of Aboriginal Affairs and Northern Development, a situation that is simply unacceptable in the 21st century.

First nations electors wishing to challenge the results of their election based on violations to the rules and alleged corruption practices would no longer appeal to the Minister of Aboriginal Affairs and Northern Development. Neither would the minister be involved in removing a chief or councillors from office before the end of their term. Instead, election appeals would be addressed by the courts, just as they are in elections in all other jurisdictions.

The courts already offer an independent and transparent appeal mechanism open to public scrutiny. They already have the power to determine wrongdoing in federal, provincial and municipal elections, so they are well positioned to address issues in first nations elections.

As an added benefit, this approach would discourage frivolous complaints, which are prominent under the Indian Act election system. Such complaints create uncertainty over the band council's legitimacy, hurting the community's day-to-day business activities and discouraging economic development, often for a long period of time. An appeal can take anywhere from six to 18 months to be resolved, and in the end little may change.

About 30% of all band council elections under the Indian Act are appealed, which amounts to about 40 elections per year. Of these, usually no more than five appeals result in an election being overturned. Given that applications to the courts require that grounds be clearly presented and supported, it is likely that fewer frivolous appeals would be launched.

We would be hard pressed to find anyone who believes that the minister must continue to hold the powers he does vis-à-vis first nations elections. We certainly would not find first nation leaders saying this, and I doubt Canadians at large would take this position either.

Bill S-6 is what first nations have been asking for. It is what their members want and need. First nations recognize that a sound, open, transparent election process in an important part of a strong, stable and effective first nations governments, effective governments that respect their citizens' democratic right to be informed and to be heard, governments that respond to the priorities of their residents.

Equally essential is that with stable and legitimate first nations governments in place, first nations, businesses and municipal and provincial governments can pursue mutually beneficial projects. First nations would be able to use the income flowing from these investments to build their economies and improve the lives and livelihoods of their members. That is something that people living in first nations most definitely want.

It is now up to parliamentarians to unleash this tremendous potential by passing this worthy legislation. As we do, we will build a better future not only for first nations, but for all Canadians.

[Aboriginal Affairs, June 12th, 2013]

Mr. Speaker, since 2009, over one million net new jobs have been created under our government's strong economic action plan. Our commitment to jobs and growth does not stop at the door of aboriginal communities. When it comes to finding and keeping a good job, we all agree that first nations youth should have the same opportunities as all Canadians.

Can the Parliamentary Secretary to the Minister of Aboriginal Affairs please tell the House about the government's income assistance reform for first nations communities?

[Safe Drinking Water for First Nations Act, May 8th, 2013]

Mr. Speaker, I will just point out what the federal government has done since the Conservatives became the government in 2006.

There was $333.8 million in 2006-2007. In 2007-2008, we had $333.2 million for first nations water and waste management. In 2008-2009, the federal government put in $340.8 million and in 2009-2010 an additional $412.7 million. In 2010-2011, it was $427.4 million and in 2011-2012, it was an additional $343.4 million. In 2012-2013, it was $374.8 million. Now, in 2013-2014, under Canada's economic action plan, there would be an additional $374.7 million.

That is a grand total of over $3 billion assigned to address first nations water and waste water.