Bill C-49 (Historical)

First Nations Land Management Act

An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management

[Michael Anderson, Policing and Public Safety Advisor, Manitoba Keewatinowi Okimakanak Inc.]

Fourth, although we've made some progress regarding the recognition, respect, enforcement and prosecution of band bylaws, First Nations Land Management Act laws have not been enforced by policing authorities or prosecuted by Crown prosecutors for 20 years, since the coming into force of Bill C-49 in 1999.

As to the enforcement of land code emergency laws, the RCMP says, “The RCMP recognizes First Nations' authority under the FNLMA. However, there are concerns as to whether the FNLMA Land Codes provide the legal authority to enact COVID-19 related laws.” Please see page 13 of our documents.

ISC says, “I appreciate the frustration felt by First Nations who have taken on such fundamental aspects of their governance through the enactment of a Land Code, only to be forced to rely on Indian Act authorities”. Please see the MKO's book of documents, page 16.

The Public Prosecution Service of Canada says the role of PPSC set out in the Director of Public Prosecutions Act is inapplicable to FNLMA land codes and FNLMA first nation laws.

Fifth, there's a harmful uncertainty related to the appointment and empowerment of first nation safety officers to act as peace officers. Simply put, you have to be a peace officer to stop, search, seize and detain, and you need those four powers in order to effectively enforce first nation bylaws under subsection 81(1) and section 85.1 of the Indian Act.

Sixth, PPSC and the RCMP do not accept the validity of Indian Act bylaws enacted after December 15, 2014. Parliament repealed the ministerial power of disallowance and approval of Indian Act bylaws effective December 15, 2014, with the coming into force of Bill C-428. However, as PPSC witnesses have advised this committee and MKO, PPSC will not recognize the validity of bylaws enacted on or after December 16, 2014, unless reviewed by “an appropriate federal government department.”

PPSC, Indigenous Services Canada and the RCMP have each advised this committee and MKO that they will not review bylaws enacted after December 15, 2014. Therefore, there is no federal department that will review existing Indian Act bylaws enacted after December 15, 2014. This means that the protocol will not apply to any existing post-Bill C-428 bylaws, including the health and safety bylaws and their related health orders that have been specifically enacted to address the COVID-19 pandemic. PPSC's acceptance of MKO's proposal to conduct a third party review along with the Public Interest Law Centre appears to be the principal, if not the only, pathway to ensuring that the protocol will apply to the existing first nation COVID-19 emergency laws in the MKO region.

Seventh, the gaps uncovered by the COVID-19 pandemic, including those highlighted in evidence recently presented to this committee, reveal that the legislative framework, the federal civil service and policing authorities are incapable of supporting or are unwilling to support the exercise of first nations' self-determination and law-making powers enacted by Parliament through Bill C-428 and the First Nations Land Management Act.

Grand Chief Settee has a concluding comment.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Thank you very much.

I certainly think the First Nations Land Management Act is working fairly well for many first nations. I think the concern we've seen with the program is that not everybody has been able to buy into it at this point. I believe that's what my colleague was talking about with some of the concerns he had.

There's quite a bit that I want to discuss, but I don't think I'm going to have a lot of time.

Andrew Beynon, who is the acting assistant deputy minister for lands and economic development, was before us on February 24, 2015. He mentioned that “it may be useful to explore ways to strengthen the network of aboriginal financial institutions, including ways to promote their self-sufficiency, introduce additional capital, and have them act as a continuing source of financial literacy for aboriginal businesses and communities”. In his remarks, he went on to say, “Pending the Department's findings, the Committee may wish to learn more about Indigenous Business Australia and its applicability for Aboriginal access to capital in the Canadian context.”

Do you have some comments to make about Indigenous Business Australia and how that compares with us? Are there some things we can learn and consider? Do you feel that there's a way for the government to strengthen the network of aboriginal financing in promoting the self-sufficiency of introducing additional capital?

[Keith Martell]

In many communities, the land management act works very well. It provides more certainty around the first nation.

For example, when they're doing a land lease for a commercial development such as a strip mall in the community, instead of having to go to Aboriginal Affairs and Northern Development Canada and wait in a very long line to get approval from the minister for a project that he or she knows nothing about, frankly, they have the local authority to develop that land in a purpose that meets the needs of the community.

I see the land management act in very many circumstances working very well. It's a good example of putting the right mechanisms in place to allow first nations to do what they can do with the resources they have.

[Mathieu Ravignat, NDP, Pontiac, QC]

That's a helpful example. Thank you for that.

Moving on a bit, certainly in the government there are some resources that already exist to address the fiscal responsibility on reserves. There are some programs there that are not performing particularly well. I'm thinking, for example, of the land management act. I don't know if you have some comments to help improve those programs that are there but don't seem to be functioning.