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An Act to amend the Canadian Human Rights Act

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Jim Prentice  Conservative

Status

In committee (House), as of Feb. 21, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment repeals section 67 of the Canadian Human Rights Act and provides for a statutory review, within five years after the enactment receives royal assent, of the effects of the repeal by any parliamentary committee that may be designated or established for that purpose. It also contains a transitional provision with respect to aboriginal authorities.

Similar bills

C-21 (39th Parliament, 2nd session) Law An Act to amend the Canadian Human Rights Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-44s:

C-44 (2023) Law Appropriation Act No. 1, 2023-24
C-44 (2017) Law Budget Implementation Act, 2017, No. 1
C-44 (2014) Law Protection of Canada from Terrorists Act
C-44 (2012) Law Helping Families in Need Act

Canadian Human Rights ActGovernment Orders

May 28th, 2008 / 3:45 p.m.


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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, I am very pleased to stand today to speak in support of the amended Bill C-21.

Members will recall that the bill was first introduced into the House in the 39th session of Parliament as Bill C-44. It has been re-introduced into the House as Bill C-21 and has gone through a very lengthy committee process. It has now come back to the House in its amended form for final conclusion.

To recap, members will remember that the act would repeal section 67 of the Canadian Human Rights Act, which excludes Indians who live or work on reserve from filing human rights complaints with the Canadian Human Rights Commission in respect of any alleged human rights violations that relate to any action arising from or pursuant to the Indian Act.

I want to make it very clear from the outset that this party, this official opposition, has supported the intent of the bill. The repeal of section 67 of the Human Rights Act has been a long time in coming and it is something that we support very much.

What we did not support was the manner in which the bill was brought forward, both in its initial introduction and in its subsequent introduction as Bill C-21. It was brought forward without any consultation with first nations communities. We heard that there were significant concerns about the legislation, but there seemed to be absolutely no will, commitment, effort or respect on the part of the government to address some of those concerns.

I am repeating myself, but I want to make it very clear. I said, at least 18 times, in the House or in committee, as did my colleagues, that we supported the repeal of section 67 of the Human Rights Act. We did not support the process in which the government chose, as one of the chiefs from Alberta said, to ram it down their throats.

We are proud to support the amended legislation. We are proud of the process that went on in committee. We heard from a host of witnesses who came before the committee. I emphasize that this is not a substitute for consultation; it was about hearing witnesses and their concerns. Out of the 21 or 22 witnesses we heard, only 1 witness supported the legislation in its original form. We heard learned presentations from academics. We heard from leaders in the aboriginal community. We heard from individuals in the aboriginal community. We heard concerns from the men and women who the bill would affect.

We were concerned that there was no interpretive clause. We were concerned that there was no non-derogation clause. We were concerned that there was no attention given to the fiscal capacity. We were most concerned that the transition period was very short. We were also concerned that no study or analysis had been done on the impact the legislation would have on first nations communities. We know an analysis was done on what the impact would be on INAC, but no study was done to determine what the impact would be on first nations communities.

The amended legislation was a model of cooperation by the opposition parties, listening to the representations we heard from individuals, working together to amend the bill to make it a stronger, fairer bill for aboriginal people in our country.

Many times we heard in the House that we had gutted the bill. Far from it. Misrepresentations were mailed out to every household in my riding, misrepresenting my position and the position of my party as it related to the bill.

We proposed a number of important amendments to the bill. We proposed and passed through committee, a non-derogation clause, an interpretative clause, an extension of the time for implementation for three years. This is important. The government originally proposed six months. It was willing to extend it to 18 months, but not beyond that. I am pleased to see the government has allowed it to go in at three years now.

The implementation period of three years will allow first nations to determine their capacity and to look at the implications. It will allow them to prepare their communities for the actual final implementation of the bill.

As the House may recall, the government tried at one point, through a point of order, to remove the non-derogation clause and the interpretative clause. We are pleased that it has come back with amendments. Although they are not what we would have preferred, we will accept the amended non-derogation and interpretative clauses in the bill. They deal with the intent and the protection of the collective rights of first nations communities. We do, however, prefer the amendments put forward in committee, but as an expression of good faith and a desire to get the bill passed, we will support the amendments put forward by the government.

With the amendments, we would be able to grant human rights to first nations people in a way that balances their collective rights with individual rights as well as maintaining all existing aboriginal and treaty rights, as recognized under section 35 of the Constitution Act, 1982.

With respect to the transition period, first nations will now have an adequate amount of time to prepare for the legislation. In doing so, the government will have a chance to properly consult with all affected first nations peoples. I sincerely hope the government will take advantage of the opportunity to do this. I hope it will not just tell them but engage them in a meaningful consultation process whereby it will listen to them and work with them to implement the bill.

Once the bill comes into effect, first nations will work with the government to undertake the extensive preparation, the capacity, fiscal and human resources required.

The important part of this is the amended legislation, and it was amended not without acrimony or without challenge, is an example of parliamentarians working together to fix flawed legislation and amend it to reflect the best interests of first nations people.

As I said at the beginning, the Liberals have always maintained our support for the repeal of this section. It was not done in a way which we supported. Since the bill is now in front of us, we are proud to say that we improved flawed legislation to reflect the views of first nations communities throughout the country. They will be able to work with this legislation, and we are proud to support it.

Motions in AmendmentCanadian Human Rights ActGovernment Orders

May 16th, 2008 / 1:20 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, it gives me great pleasure to speak on behalf of the Bloc Québécois about Bill C-21, which seeks to repeal section 67 of the Canadian Human Rights Act.

First, I would like to thank my colleagues who sit on the Standing Committee on Aboriginal Affairs and Northern Development, the member for Abitibi—Témiscamingue and the member for Abitibi—Baie-James—Nunavik—Eeyou, who have worked very hard and provided some background on all the various stages Bill C-21 has gone through before reaching this House today.

After first reading in this House, Bill C-21 was referred to the Standing Committee on Aboriginal Affairs and Northern Development on November 13, 2007. It is identical to Bill C-44, which died on the order paper when Parliament was prorogued on September 14, 2007.

Bill C-44 was referred to the committee after second reading in February 2007. From March to June 2007, the committee met 16 times to review Bill C-44 and hear witnesses. My colleagues from Abitibi—Témiscamingue and Abitibi—Baie-James—Nunavik—Eeyou worked very hard on this.

The witnesses the committee heard almost unanimously supported the repeal of section 67, but nearly all the witnesses except those from the government, including national, regional and local first nations organizations and communities, the provincial bar associations and other legal experts, also expressed various reservations about one or more aspects of the implementation process and the substance of the bill.

The main sources of concern were the shortcomings in the consultation process preceding the drafting of the bill, the lack of an interpretative clause, the short transition period preceding implementation of the bill and uncertainty over the resources that would be assigned to implementing the bill.

On June 19, 2007, the committee adopted a Bloc Québécois motion proposed by the members I mentioned earlier, recommending that the debate on repealing section 67 be suspended for up to 10 months to allow the government to hold extensive consultations on the matter and that the debate then resume, but that first nations representatives be allowed to testify on the results of the consultations.

On July 26, a majority of the members attending the special midsummer meeting for a clause by clause study of the bill voted to have the committee suspend the study until the government held the consultations called for in the June 19 motion.

The motion was overridden by the committee's November 20 decision to begin a clause by clause study of the new Bill C-21 on December 4, 2007.

Despite the concerns expressed by the witnesses during the study of Bill C-44, the government reintroduced the very same bill, which is now known as Bill C-21. In December 2007 and January 2008, the committee completed its clause by clause study of Bill C-21 and the opposition made five significant amendments to it in response to first nations' demands.

Once again, aboriginals can be proud of the work of Bloc Québécois and other opposition members because the government had reintroduced the bill despite the generalized protest, criticism and scathing comments of witnesses appearing before the committee.

The government insisted on reintroducing the same bill with no amendments. Opposition members worked hard. My colleagues from Abitibi—Témiscamingue and Abitibi—Baie-James—Nunavik—Eeyou worked very hard, along with other opposition members, to propose five significant amendments.

The Bloc Québécois supports each of the amendments agreed to in committee because they are in line with specific demands of the first nations and of most of the witnesses who appeared before the committee.

In principle, repealing section 67 would give aboriginal people access to all of the rights guaranteed under the Canadian Human Rights Act. However, merely repealing the section could result in the loss of first nations' traditional rights and could be onerous for the Canadian Human Rights Commission because of the anticipated high volume of complaints against band councils and the federal government, which have not previously been allowed.

That would be a good thing when it comes to access to clean drinking water, for example. That is very hard to understand. I hope that all members of this House realize that, as we speak, some aboriginals still do not have access to potable water. That is astonishing.

We hope that once all these amendments have been adopted, these citizens protected by the charter of rights will have access to safe drinking water and will be able to ensure their quality of life.

To guarantee this, the committee suggested other amendments to Bill C-21. That was the Bloc's objective. With the help of the other opposition parties, we managed to introduce amendments that, once the bill is passed, will ensure that aboriginal men and women and people who live on aboriginal territories have direct access to safe drinking water.

It is important to note that the government proposed two amendments, which are now before the House. Many representatives from first nations and other groups who appeared before the House committee said that, despite the two amendments, Bill C-21 needed to be changed to take into account the real situation of first nations.

The Bloc Québécois, along with the other opposition parties, helped improve Bill C-21. The amendments proposed by the government today will also receive the support of the Bloc Québécois. Nevertheless, it is important to understand that we must pass a comprehensive bill, including the amendments adopted in committee, proposed by the Bloc Québécois and the other opposition parties, to ensure that aboriginal men and women will be entitled to the same protection as provided by the Canadian Charter of Rights and Freedoms.

We specifically suggested adding an interpretive clause that would balance individual and collective rights and interests in cases where a complaint was filed against a government or first nations authority under the Canadian Human Rights Act. A number of witnesses also wanted to add a non-derogation clause to Bill C-21, so that the repeal of section 67 would not end up abrogating and violating the ancestral and treaty rights of aboriginal peoples protected under the Constitution.

Consequently, the Bloc Québécois voted in favour of the following amendments. The first is:

1.1 The repeal of section 67 of the Canadian Human Rights Act shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the First Nations peoples of Canada, including

(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763;

(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired; and

(c) any rights or freedoms recognized under the customary laws or traditions of the First Nations peoples of Canada.

The second amendment we are supporting is:

1.1 In relation to a complaint made under the Canadian Human Rights Act against a First Nation government, including a band council, tribal council or governing authority operating or administering programs and services under the Indian Act, this act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests.

As everyone knows, Bill C-21, introduced by the government, is identical to Bill C-44, parts of which were criticized by the aboriginal peoples themselves. That bill, whose text was very limited, was eventually improved, specifically by the two paragraphs I just quoted.

The work done by the Bloc Québécois, with the help of the other opposition parties, definitely added some scope to this bill. The bill seeks to protect aboriginal rights, while guaranteeing all aboriginal men and women individual protection under the Canadian Human Rights Act, in order to improve their lives.

Motions in AmendmentCanadian Human Rights ActGovernment Orders

May 16th, 2008 / 12:50 p.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, it is my pleasure to speak to the government's motion to amend clause 1.1 of Bill C-21, An Act to amend the Canadian Human Rights Act, standing in the name of the member for Chilliwack—Fraser Canyon, the Minister of Indian Affairs and Northern Development and the Federal Interlocutor for Métis and Non-Status Indians.

As hon. members will know, Bill C-21 proposes to repeal section 67 of the Canadian Human Rights Act, and in the process, eliminate a source of injustice that has existed for more than three decades.

The repeal of section 67 has been a cornerstone of this government's aboriginal agenda throughout its mandate. Our government first committed to the repeal of section 67 as part of our electoral platform. In December 2006, Bill C-44, the precursor to Bill C-21, was introduced. Although Bill C-44 died on the order paper when Parliament was prorogued in September 14, 2007, our government committed to its reintroduction in the Speech from the Throne delivered on October 16, 2007.

In November 2007, Bill C-21, identical to former Bill C-44, was reinstated. There is ample evidence of strong support among key stakeholders for the repeal of section 67. In the 17 committee hearings devoted to Bill C-44 of the previous session, testimony came from dozens of witnesses, chiefs, members of band councils, representatives of national and regional aboriginal groups, legal specialists and public servants. Although these men and women came from remarkably diverse backgrounds and represented a broad variety of interests, the support for the repeal of section 67 was virtually unanimous.

While this government took a clear and unambiguous approach to the repeal of section 67, on February 4, 2008 the Standing Committee on Aboriginal Affairs and Northern Development reported Bill C-21 to the House of Commons with several amendments. They included the addition of a broad non-derogation clause, clause 1.1, and an interpretive clause, clause 1.2.

Other proposed amendments included: a new requirement for the Government of Canada to undertake with organizations representing first nations a study to address the fiscal capacity and resource requirements of first nations associated with the repeal of section 67; a change to the review of the effects of the repeal within five years so it could be conducted by the Government of Canada working with organizations representing first nations rather than a parliamentary committee; and finally, an extension of the transition period for the application of the repeal to first nations to 36 months, rather than the 6 months originally proposed by government. These amendments do not affect the immediate application of the repeal of section 67 to the federal government upon royal assent.

This government's preference remains a clear approach to the repeal of section 67. However, in light of committee testimony in which most, if not all, groups expressed concern about how the repeal will be implemented and called and for a further extension of the transition period, the government will support all of the committee's amendments, with the exception of clauses 1.1 and 1.2, the subject matter of today's debate.

Clause 1.1 is a very broad non-derogation clause. As hon. members will know, a non-derogation clause is a statutory provision that indicates the statute is not to derogate or abrogate from the aboriginal and treaty rights as protected by section 35 of the Constitution Act, 1982. In our view, such a clause is unnecessary given that the Constitution takes precedence over all other federal laws. Previous governments have supported the inclusion of a non-derogation clause which clauses are currently found in several federal statutes. Clause 1.1, however, is much broader than any of those existing clauses.

Given the broad and unprecedented nature of clause 1.1, our view is that it has the potential to reintroduce some of the sheltering of discrimination provided by section 67.

In fact, in its most recent report entitled “Still a Matter of Rights”, in which the Canadian Human Rights Commission reiterated its call for the repeal of section 67, the commission indicated concern that clause 1.1 could “have the unintended consequence of shielding first nations, in whole or in part, from legitimate equality claims, thus reinstituting section 67 in another form”.

It would be illogical for the opposition, who, on principle, favour repeal of section 67, to intentionally support the inclusion of a provision that would have the unintended effect of sheltering discrimination. As a result, we cannot support clause 1.1, as adopted by the standing committee.

Therefore, notwithstanding our concern for non-derogation clauses, generally, we propose to replace clause 1.1 with the non-derogation language most recently used in existing statutes, namely, the same that was added to the First Nations Oil and Gas and Moneys Management Act.

Regarding Motion No. 2, clause 1.2, our government shares the view that the Canadian Human Rights Act should be applied in a manner that is sensitive to particular circumstances of first nations communities. However, the fact is that it is difficult to find fail-proof language that would address all of the competing considerations for handling a Canadian Human Rights Act complaint in such a context.

This was the basis for our decision not to include an interpretive provision in Bill C-21. We have always maintained that the Canadian Human Rights Commission, which is the expert in administrating the Canadian Human Rights Act, is best placed to develop an interpretive provision jointly with first nations outside of the Canadian Human Rights Act. This could be done by way of guidelines, a directive, or regulations, which would be binding on the commission.

In spite of these concerns, the committee chose to insert an interpretive clause in the bill. We recognize that many witnesses called for such a clause, so we are willing to accept this provision.

However, as with clause 1.1., we have concerns with the broad language of the interpretive clause adopted by the committee and the potential for discrimination to be sheltered. We are particularly concerned that women might inadvertently be discriminated against as a result of this clause.

Therefore, we are proposing to include a provision to ensure the principle of gender equality applies to this clause. Such an amendment would be in keeping with the 2000 Canadian Human Rights Act review panel report, which noted, specifically, that an interpretive provision should not justify discrimination on the basis of sex or condone other forms of discrimination.

As well, the previous government's last attempt to repeal section 67 included an interpretive clause with a similar provision related to gender equality.

The government is committed to improving the lives of aboriginal Canadians and to the repeal of section 67. We are committed to creating, for the first time since the Canadian Human Rights Act was enacted 30 years ago, a right of complaint for first nations in relation to the Indian Act.

Therefore, I urge members to vote in favour of these necessary motions.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 14th, 2008 / 4:20 p.m.


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Bloc

Yvon Lévesque Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, I would like to congratulate my Liberal Party colleague for her presentation on Bill C-47. She is obviously well versed on this subject given that she has sat on the Standing Committee on Aboriginal Affairs and Northern Development for a number of years.

I would also like to point out that she was part of the previous government when an agreement was made with first nations stating that each time legislation concerned them and could change their way of life, the government had to consult them.

In this regard, be it with Bills C-44, C-21, C-30 or C-47, is the current government consulting and respecting this agreement?

Specific Claims Tribunal ActGovernment Orders

May 12th, 2008 / 3:25 p.m.


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Bloc

Yvon Lévesque Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, as a member of the Bloc Québécois, I joined my colleagues in voting in favour of consideration of this bill for which, as usual, this government did not consult first nations, despite the many reminders it was given during consideration of Bill C-44.

We also had some concerns about some of the consequences to the first nations communities in Quebec and to certain municipalities, not to mention our concerns about the flexibility of the Government of Quebec's involvement.

The lack of consultation caused some disagreement about the procedure and some of the claims that could otherwise have easily been settled in respectful meetings with the nations.

Establishing a specific claims tribunal that makes binding decisions is a progressive step compared to the usual legal games the first nations have been subjected to so far. However, improvements could have been made to how quickly the claims are processed. It will be a shame to have to come back to this in a few years in order to complete this exercise, which requires a lot of energy, time and money from the taxpayers and from the first nations, when there are other matters to deal with.

The current 784 claims could be processed more quickly and a number of others might be added to the ongoing process, even though the Indian Claims Commission itself has not accepted any new claims since the end of 2007.

Of course there has been consultation, but only after much insistence. Furthermore, it is important to note that a number of communities were not consulted because there was not enough time. There has never been enough time to resolve first nations issues.

The most worrisome thing in all this is the possible accumulation of small agreements here and there into increasingly complex legislation. That is caused by this patchwork approach that has no continuity and will only serve as an excuse not to sign the UN Declaration on the Rights of Indigenous People that has been signed by 144 countries.

A number of world leaders are putting Canada in the hot seat and in an embarrassing position on the international stage, which shocks us as representatives of the Quebec nation in particular, to be associated with this country that we do not identify with at all when it comes to its culture, its economic vision or its recognition of individual and collective rights and freedoms.

Despite the repeated calls for consultation that have been made to this government as Bills C-44, C-21, C-30, C-47 and C-34 have been tabled, the government has remained indifferent to what the vast majority of United Nations member states want.

It is truly shameful to see this government in the very small minority that is opposed to this declaration, and it is even more shameful to see members of the governing party from Quebec who lack the courage to go against such a vision.

Hon. members will certainly understand why Quebec is in such a hurry to join the community of nations and why the various communities distrust this government's interference in the legal system.

That is why the chief of the AFN reacted so strongly to the speech the Minister of Indian Affairs and Northern Development gave at the United Nations. I want to quote the various statements the minister made at the United Nations. In a press release, the Minister of Indian Affairs said:

The Government of Canada continues to address a number of key areas for First Nations, Métis, and Inuit peoples, including fundamental human rights through Bill C-2... For 30 years, section 67 of the Canadian Human Rights Act has exempted First Nations communities governed by the Indian Act from human rights protection. We believe this has gone on too long—

I would like to digress a moment and remind this House that Bill C-44, which sought to repeal section 67 of the Canadian Human Rights Act, was vehemently denounced by all the first nations, as well as by the AFN women's council. The first nations were not prepared to welcome a law or be excluded from the Indian Act when they did not have the means to enforce the Human Rights Act, with all the duties it imposes on the various communities.

Canada has long demonstrated its commitment to also actively advancing indigenous rights abroad. But that is not what happened at the United Nations. The minister also highlighted a number of areas where the Government of Canada is making substantial progress: education; resolving specific claims; safe drinking water; protection for women and children; and matrimonial property rights on-reserves

In addition, the minister talked about the important step in the Government of Canada's commitment to the Indian residential school settlement agreement, with the naming of Justice Harry LaForme as the chair of the truth and reconciliation commission. This may be the only good thing this government has done to date. The minister said this:

“Canada remains committed as ever to deliver real results for our Aboriginal population...We believe in moving forward for all Canadians with results that are not simply aspirations or non-binding.”

In response, the national chief of the Assembly of First Nations, Phil Fontaine, had this to say:

The Conservative government’s sustained opposition to the UN Declaration on the Rights of Indigenous Peoples has tarnished Canada’s international reputation and branded Canada as unreliable and uncooperative in international human rights processes. It is clear that the Conservative government’s domestic political agenda is taking precedence over the promotion and protection of human rights for Indigenous peoples in Canada and worldwide. The federal government’s stance is a particularly regressive and limiting basis upon which to advance fruitful Indigenous-state relations in Canada and abroad. It seems that this government has been unwavering in their resolve for a weak Declaration and weak human-rights standards in Canada despite their rhetoric to the contrary.

The Conservative government’s opinion regarding the UN declaration is contrary to widespread legal expert opinion. In an open letter issued yesterday, more than 100 legal scholars and experts noted that there was no sound legal reason that would prevent Canada from supporting the UN declaration. The same conclusion was drawn by human rights and legal experts, ... and experts within the UN system have echoed the same opinion. As a result, Canada is becoming increasingly isolated on the international stage for adhering to an unsubstantiated position against the declaration and for using their position on the Human Rights Council to achieve their own political goals in Canada. Canada cannot cherry pick which international human rights instruments they will choose to respect. These short sighted decisions have serious long term implications for Canada's international standing on human rights.

Moreover, the Conservative government's decisions have failed to address fundamental fiscal inequities in education, housing, health and other social and economic conditions that are the source of the poverty in first nations communities, despite this government’s claims “about getting the job done”. The National Day of Action on May 29 will draw national and international attention on the shortcomings of the federal government to make meaningful investments or address the serious quality of life issues our communities and people face. Such important policy decisions must be made in consultation and with the consent of first nations.

The UN Declaration is a foundational document that sets out “the minimum standards for the survival, dignity and well-being of Indigenous peoples” (Article 43). With an overwhelming majority of 144 states and only 11 abstentions, the UN General Assembly adopted on September 13, 2007 a Declaration which upholds the human, political, spiritual, land and resources rights of the world's Indigenous people. Only Canada, New Zealand, Australia and the United States voted against the Declaration. Australia has since reversed its decision and has declared its support of this unique human rights instrument to advance Indigenous rights in Australia and abroad.

That is what the first nations national chief thinks of our minister's statement at the United Nations.

Immediately after that, Chief Conrad Polson, from Timiskaming, submitted a text to the United Nations Permanent Forum on Indigenous Issues. A press release from the Assembly of First Nations of Quebec and Labrador explained:

Speaking on behalf of the chiefs of the Assembly of First Nations of Quebec and Labrador (AFNQL), he delivered a message about the precarious funding conditions of First Nations education in Canada.

Year after year, the Canadian government continues to close its eyes on the recommendations of more than 35 years of studies, consultations and various working groups, most of which it has contributed to. In refusing to consider these recommendations, the Canadian government keeps First Nations institutions in a highly precarious position.

Our schools and post-secondary establishments are underfunded. A number of our students cannot undertake their post-secondary studies because of a lack of finance.

This is why, on behalf of the Chiefs of the Assembly of First Nations of Quebec and Labrador, I regard it as my duty to denounce this situation loudly and clearly, stated Chief Polson.

“It was important for us to call on the United Nations so that all can be done to put an end to this situation. We must ensure that the wrongs we have suffered do not worsen so we reach the point of no return,” declared Ghislain Picard.

As stated in a press release issued in New York on May 2 and distributed by CNW, at the end of the seventh session of the United Nations Permanent Forum on Indigenous Issues, Mr. Picard declared that Canada had lost all credibility. He attended the session with an important delegation that spoke. At the meetings, they were “able to give a clear picture of first nations' situation in Canada. Today, the Canadian Government has lost all credibility in this respect on the international scene,” he said, reiterating Mr. Fontaine's comments on this subject.

The Minister of Indian Affairs and Northern Development claims he did everything he could for education. The following is from a Radio-Canada article:

For months, Mashteuiatsh, Essipit and Nutashquan chiefs have been trying to meet with the Minister of Indian Affairs...The chiefs want to move forward the negotiations that were the result of the Agreement-in-Principle of a General Nature concerning Innu self-government, signed in 2004 by the government—

The process has been stalled since the appointment [of the minister] last fall.

However, the minister...has declined the offer. “He told us that for the time being, he is not able to meet with us, despite our insistence. We need to speak with the federal government about the main issues of the negotiation,” said Mashteuiatsh Chief Gilbert Dominique.

[The minister] said that he did not have enough time for a meeting that he did not deem necessary.

Gilbert Dominique said that he doubted the Conservatives had any desire to sign territorial agreements with aboriginals when they were elected in 2006. He wonders if the fact that the Innu signed the first-ever agreement in Canada to protect the ancestral rights of an aboriginal community has not put the brakes on the government.

The Innu have called on Premier Jean Charest to try to convince Stephen Harper—

I am quoting the article; I am not naming the Prime Minister

Aboriginal AffairsPrivate Members' Business

December 5th, 2007 / 5:45 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak on behalf of my party, the Bloc Québécois, about motion No. 296 from the member for Nanaimo—Cowichan, which reads as follows:

That, in the opinion of the House, the government should immediately adopt a child first principle, based on Jordan's Principle, to resolve jurisdictional disputes involving the care of First Nations children.

The Bloc Québécois supports the motion in principle. However, it is important to remember that Quebec and some provinces have already put in place legislation and assistance procedures. The federal government must therefore do its part by helping to fund services for first nations children. We must understand that the principle of this motion is based on shared jurisdiction between the provinces and the federal government.

Jordan's principle is the name given to the child first principle, which puts the interest of the child before constitutional conflicts when it comes to access to services. The Canadian Constitution does not specify which level of government is responsible for providing services to first nations children.

There are multiple jurisdictional disputes involving child protection. Who has the constitutional, fiscal and moral responsibility for first nations children? The answer to that question has repercussions on the availability of programs and services for aboriginal families and children.

It is important to mention that the average Canadian gets almost two and a half times more services from federal, provincial and municipal governments than first nations citizens, according to the review by the McDonald-Ladd commission in 2000.

According to a number of stakeholders, the best way to manage jurisdictional conflicts is to prevent them. Jordan's principle is more of a provisional measure, while waiting for the federal and provincial governments to reach an agreement on jurisdictions. If Quebec were a country, this problem would have been resolved a long time ago.

As far as jurisdictions are concerned and who is responsible, I will try to provide a brief overview of the jurisdiction problem that Motion M-296 addresses. The motion seeks not to resolve the problem, but to place first nations children and families on an equal footing with Canadian children and families when it comes to receiving social and health services.

As stated in the report of the Joint National Policy Review on First Nations Child and Family Services, the different levels of government are passing the buck with respect to jurisdiction.

The federal government has said that the provinces are responsible for providing child services to first nations, in accordance with section 92 of the Constitution Act, 1867. Participation by the federal government in the provision of programs and services, in its view, is quite simply discretionary.

I will read section 92:

92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,

13. Property and Civil Rights in the Province.

16. Generally all Matters of a merely local or private Nature in the Province.

As for the provinces, they believe that the federal government is responsible for native people and reserves, pursuant to section 91(24) of the Constitution Act, 1867:

91. —the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,

24. Indians, and Lands reserved for the Indians.

That is the text the Government of Canada used.

The provincial and territorial governments are worried that the federal government is offloading its responsibilities with respect to aboriginal peoples onto them and they argue that “the federal government has the constitutional, historical, and fiduciary responsibility arising from the treaties with aboriginals who live on and off reserves”.

According to a report published in 2005 by the First Nations Child and Family Caring Society of Canada, the first nations have adopted the same position as the provinces.The first nations therefore support what the provinces and territories are saying.

The first nations are the only peoples to suffer from the lack of responsibility and accountability of the federal government and are asking that it maintain “its tutelage and its fiduciary duties towards the first nations, including its children, families and community services”. Moreover:

The federal government funds first nations child and family support agencies pursuant to Directive 20-1—hence a matter of administration—and not, in its view, because of its fiduciary responsibility. The federal government refuses to change its position and has stated that the delivery of programs and services to first nations is discretionary.

That is always the big problem: the federal government does not want to recognize that it has responsibility for the services provided for first nations.

I would like to give some background on Directive 20-1. The current funding formula was developed in 1989 in an effort to standardize funding levels for first nations child and family service agencies in Canada. The directive was issued and requires that agencies operate under provincial legislation when it comes to child protection, but does not include any funding to help agencies adjust. It includes a guiding principle whereby services must be comparable to those provided for children living in similar circumstances off-reserve, but it does not contain any mechanism to ensure that this can happen. Once again, the federal government issued the directive, but did not provide any money to go along with it.

In Quebec, the Youth Protection Act contains provisions that apply specifically to aboriginal youth. In fact, Quebec has always been in the forefront in this area. The fifth paragraph of section 2.4 stipulates that the socio-cultural characteristics of the community in which the young person lives must be taken into consideration:

5) of opting for measures, in respect of the child and the child's parents, which allow action to be taken diligently to ensure the child's protection, considering that a child's perception of time differs from that of adults, and which take into consideration the following factors:

a) the proximity of the chosen resource;

b) the characteristics of cultural communities;

c) the characteristics of native communities.

Quebec's Youth Protection Act therefore ensures protection for aboriginal communities. Furthermore, agreements between the Government of Quebec and aboriginal communities can be reached in order to promote the protection of young people in those communities, by adapting the legislation to their reality.

Of course, we feel it is important to consult first nations. The Bloc Québécois believes that the future does not lie in pointless opposition, but rather in constructive partnerships that respect the legitimate interests of all parties. On the federal scene, the Bloc Québécois makes aboriginal issues one of its priorities. With regard to future relations between the government and aboriginal peoples, we recommend a more comprehensive approach, one that recognizes the aspirations of aboriginal peoples and favours negotiating agreements nation to nation. The Bloc Québécois believes that Quebec is a nation, and that we must negotiate, nation to nation, with aboriginal peoples.

In 1996, the Royal Commission on Aboriginal Peoples submitted a comprehensive report that proposed far-reaching changes over a period of 20 years leading to self-government for aboriginal peoples by respecting their customs, cultures, languages and ancestral institutions.

Our party, the Bloc Québécois, believes that in order to develop harmonious relations with Quebec's aboriginal peoples, we must first listen to them and understand them by taking an interest in their reality, their differences and the challenges they face. The Bloc Québécois maintains an ongoing dialogue with the first nations. Our party is suggesting that the government should follow our lead when considering future bills. It has not done so with Kelowna, Bill C-44 and all the others.

In closing, the main issue in this debate is determining who will assume the cost of protecting children. Quebec's Youth Protection Act already contains provisions whereby first nations communities can play an active role in youth protection. Motion No. 296 allows for the protection of children, based on the child first principle, while waiting for the federal and provincial governments to reach an official agreement on various terms and conditions for services, and the payment of services, provided to children in first nations communities.

We support the principle behind the motion. However, we must remember that Quebec and some provinces already have legislation and assistance procedures in place; the federal government must assume its share of the responsibility by providing some of the funding for services provided to first nations children.

Specific Claims Tribunal ActGovernment Orders

December 4th, 2007 / 4:15 p.m.


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Bloc

Yvon Lévesque Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

I would like the NDP members to be more attentive and less distracting.

If we just look at Bill C-44, there too, the Conservatives said that they had consulted the first nations. But when the bill was published, there was an outcry from aboriginal women from Canada and Quebec, the leader of the Canadian Assembly of First Nations and the leader of the Assembly of First Nations of Quebec and Labrador in protest against this lie.

They have introduced a bill and now they are saying once again that they have consulted. Many people are unsure whether this time that is the truth.

Canadian Human Rights ActRoutine Proceedings

November 13th, 2007 / 10:25 a.m.


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Chilliwack—Fraser Canyon B.C.

Conservative

Chuck Strahl ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

moved for leave to introduce Bill C-21, An Act to amend the Canadian Human Rights Act.

Mr. Speaker, pursuant to the special order made previously, I would like to inform the House that this bill is in the same form as Bill C-44 at the time of prorogation.

(Motions deemed adopted, bill read the first time and printed)

Aboriginal AffairsOral Questions

November 2nd, 2007 / 11:55 a.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, we have actually been quite clear in relation to the UN draft declaration. It is something that we did not support because we believe that Canada actually is one of the most progressive countries in the world, in terms of acknowledging aboriginal people. They are right in our charter.

The Charter of Rights and Freedoms acknowledges first nations people, Métis people and Inuit people. This ambiguous agreement actually does not impact aboriginal people in Canada like extending the Canadian Human Rights Act would. This is something that this member is against and is not supporting.

Hopefully, we will bring forward Bill C-44 very soon and hopefully she will support it this time.

Aboriginal AffairsPrivate Members' Business

October 31st, 2007 / 5:45 p.m.


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Liberal

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I would like to continue with this line of questioning as well. It is, as the member said, a human rights issue. I was a little confused by the Conservative question because it seems to me that the Conservatives are saying that if we do not agree with Bill C-44, then they will not agree to provide health services for first nations children on reserve.

I want to know how the hon. member understood that question.

Aboriginal AffairsPrivate Members' Business

October 31st, 2007 / 5:45 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Thank you, Mr. Speaker.

In regard to the parliamentary secretary's question, it is always interesting when we start to talk about hypocrisy in the House. I also want to make a small correction. The repeal of section 67 applies only to the Indian Act. First nations, both on and off reserve, already have the right to appeal outside of the Indian Act under the Canadian Human Rights Act.

It is really interesting that the Conservatives are talking about hypocrisy when they are also members of the party that has asked for leave to appeal in the Sharon McIvor case in British Columbia, in which a first nations woman who was being discriminated against won her case. The Conservatives said, “Wait a minute, we are going to make this woman wait even longer around her status and we are going to ask for leave to appeal”. If we are going to talk about hypocrisy in the House, we should be consistent.

The other issue around this is that when we are talking about Bill C-44, if we are going to respect first nations' inherent right to self-government and self-determination surely what we should do is institute an appropriate consultation process, which the government has failed to do on Bill C-44.

Aboriginal AffairsPrivate Members' Business

October 31st, 2007 / 5:45 p.m.


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Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeParliamentary Secretary for Health

Mr. Speaker, the member for Nanaimo—Cowichan raised the issue of human rights. Certainly everyone in the government feels that human rights should be extended to all first nations people, yet the other parties in the House are preventing the government from bringing forward Bill C-44, which would include first nations people in the Charter of Rights and Freedoms.

Currently, and I think most Canadians find this shocking, first nations peoples on reserve are excluded from human rights and the Charter of Rights and Freedoms. Bill C-44 would include all Canadians, first nations and others, within the charter.

It seems hypocritical that on one side the member brought forward the motion but opposes including first nations people under the Charter of Rights and Freedoms. The government believes that human rights come first, yet the NDP member and her party oppose doing the right thing and bringing human rights to everyone.

Could the member address that issue?

Resumption of debate on Address in ReplySpeech from the Throne

October 18th, 2007 / 5 p.m.


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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, congratulations to you on your reappointment. I will be splitting my time with the hon. member for West Nova.

On Tuesday evening we had the opportunity to listen to the government's vision for Canada. It was a Speech from the Throne that was vague, offering little new hope for Canadians and indeed, offering little new, claiming success of failed programs and often the rebranding of old policies and programs.

However, I want to speak tonight about a number of things in the very short time I have. I want to touch on some of the issues that impact on my community, and I want to talk on matters that are related to first nations, Inuit and Métis.

What can Manitobans really take away from the throne speech? The government said it has given real choice for families through the taxable child care benefit, but has forgotten to speak on the reality of child care in Canada. On September 27, the headline in the Winnipeg Free Press read, “Tories say they made a child care boo boo”.

The Minister of Human Resources and Social Development admitted his government could not live up to its commitment to deliver 125,000 child care spaces. Millions of dollars were cut from child care in Manitoba, from $176 million under the previous Liberal government to only a $9 million annual direct payment to the province. In Winnipeg there are more children's names on wait lists than there are children who receive child care in the city.

How can the government say that a taxable monthly $100 allowance gives parents a real choice when indeed there is really no choice for them: no places for children; no opportunities for their mothers to go back to school, to enter the workforce; or often, indeed, to remain in the workforce?

Yesterday, in a speech in Winnipeg, Dr. Fraser Mustard linked the outcomes of early childhood education to the reduction of criminal activities and positive mental health during adolescence. He said that the annual cost to individuals and Canadian society of poor early childhood development is estimated at $120 billion for crime and $100 billion annually in mental health and behaviour.

What will this also mean for the federal spending power? We know that great national cost shared programs brought us together as citizens, regardless of where we lived: medicare, Canada pension plan. The list is long; the list goes on.

In the last session of Parliament the members opposite introduced 13 crime and justice bills. The official opposition supported a majority of these bills and offered to fast track eight of them. Despite their mantra that their government is getting tough on crime, the Conservatives decided to delay their own legislation. There was no obstruction by the opposition. Indeed, on March 21, an opposition day motion would have immediately resulted in the passage of all stages of four of the bills. Again, there was no cooperation.

The government has also failed to act on its campaign commitment to hire more police officers. Now we see this commitment reannounced once more. This time we hope the government will follow through.

Over the past months I have met with many community groups to discuss community safety. Over and over again we have heard the need for more community policing, but a lack of resources and not enough policemen to assign there.

Also, from the young people at Macdonald Youth Services, I heard about the importance of programs: programs to rehabilitate, programs to support, and programs to keep young people out of the justice system.

Last month I attended here in Ottawa when a Manitoba delegation, led by the Premier, met to discuss issues of crime and safety. I want to assure them that I want to see their concerns met, most particularly making auto theft an indictable offence.

The throne speech said a new water strategy will be implemented to help clean up our major lakes and oceans. What about Devils Lake? Between June and August, North Dakota turned the Devils Lake outlet on and off three times, breaching the agreement the previous government negotiated with the White House. Again, there was silence from this government. Where is a realistic plan and where are realistic resources to act on the clean up of Lake Winnipeg?

There was nothing about education in the throne speech, nothing about the alleviation of the debt load for post-secondary students, and nothing about increasing access to post-secondary education for students who have less. There is a $13 billion surplus and no investment in young people.

We know the Conservatives have silenced the court challenges program. The government has silenced those who cannot speak for themselves. Yesterday we celebrated the accomplishments of six women who received the Governor General's award for the commemoration of Persons Day. These women made a difference in their communities by working for the advancement of women in significant ways.

The government has taken away the tools for advocacy dollars for women. Equality seeking is not acceptable.

In my riding individuals and organizations are calling on the government to take action on Darfur. In my own riding, not far from where I live, the Shaarey Zedek synagogue is next week having a large gathering calling on the congregation to mobilize and speak out on the genocide in Darfur, and from this government there is not a word. It is not in its neighbourhood.

I want to touch on the issues of aboriginal peoples. We know that with aboriginal peoples relations were at an all time high under the previous Liberal government with the signing of the Kelowna accord and then they reached an all time low on June 29 of this year with the national day of action provoked by the inaction of the current government.

I acknowledge the Prime Minister's indication that he will apologize on behalf of Canadians for the legacy of residential schools. I support that. I salute that. As the Leader of the Opposition said, we all support the decision but it is long overdue. Members on this side have been asking for this apology for over a year. There is still much to do to repair the damage that has been put upon the aboriginal peoples.

It is imperative that the government treat aboriginal peoples with respect, that members of the government speak about aboriginal peoples with respect today and in the future, and that they treat their concerns about legislation and the legislative process with respect.

The government brought shame to Canada with its actions on the UN declaration on the rights of indigenous people. Not only was it one of four countries voting against the declaration but its active lobbying against it, against the advice of the officials of three departments, was a blemish on Canada's international reputation.

The declaration fortunately was adopted by 144 countries. Indeed, it was an embarrassment for Canada. Aboriginal people want respect.

The throne speech indicated that it would be reintroducing legislation that would repeal section 67 of the Canadian Human Rights Act. I have said it many times in the House, and in committee, and I will put it on the record once more, the official opposition supports the intent of Bill C-44, but what we do not support is the process, the lack of consultation, the lack of consideration, and the lack of respect shown to aboriginal peoples.

I want to add that human rights also means clean water, safe communities, a house to live in and an opportunity for education. We look forward to the introduction of legislation to deal with the outstanding specific claims. We look forward to it with optimism and are hopeful that in this case with consultation and cooperation there will be a positive result. We acknowledge the intent to take action on behalf of the Inuit, but the throne speech was silent on the Métis and there was no mention of an urban aboriginal strategy.

Closing the gap between aboriginal and non-aboriginal Canadians remains a number one priority for Canadians. First nations people face a horrible injustice when the level of poverty in their communities is staggering. The future for aboriginal Canadians is Canada's future. More than half of first nations people in this country are under the age of 23.

Education is critical for aboriginal people, the first nations aboriginal children in the cities and Métis children. It is the government's responsibility to act now to stop first nations poverty from perpetuating into future generations.

As I said, the throne speech offered little new for Canadians. It continues to bring forward old news. I will continue to speak up for the interests of my constituents and for aboriginal, Métis and Inuit Canadians.

Resumption of debate on Address in ReplySpeech from the Throne

October 17th, 2007 / 4:35 p.m.


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Calgary Southwest Alberta

Conservative

Stephen Harper ConservativePrime Minister

Thank you, Mr. Speaker, and colleagues, for allowing me to reply to the Speech from the Throne delivered yesterday by Her Excellency the Governor General.

In 2006 Canadians went to the polls and voted for change. Our government ran on a clear platform. We received a clear mandate and we are delivering what we promised.

Now, a mere 21 months later, I believe we can say with pride that the government is clean, the economy is strong, and the country is united.

In the eyes of the world, Canada is back. This change, after years of scandal, inaction and threats to national unity, brings home to us the strength of Canada’s foundational values.

We have a love of freedom, a commitment to democracy, a reverence for human rights, and an adherence to the rule of law. Notwithstanding our imperfections, we have built a society that genuinely aspires to the highest ideals of civilization.

We balance the rewards of individual initiative with a collective commitment to help those in need.

We value people for who they are and what they contribute, and not for who they know or where they come from. We leave the conflicts of older worlds behind to live together here in harmony and we reach beyond our shores to help resolve those conflicts.

The generations that came before us set our country on this noble path: the Aboriginal people who established Canada’s first settlements, long before the arrival of Europeans; the French adventurers who laid the foundations of the Canadian state on the shores of the St-Lawrence nearly 400 years ago.

The British settlers brought their democratic ideals and institutions that we have modelled into our own and of course the immigrants from every corner of the earth have enriched our society with their traditions and ambitions.

Canada is their legacy to us. Enriching this heritage for future generations is our duty to them. Every day millions of Canadians are doing just that. They are setting the nation's moral compass by teaching their children right from wrong. They are building our economy with their hard work and they are making our communities better by giving more than they take.

In return for all that they give to this country, Canadians expect one thing from their government: principled, focused and effective leadership so that they can confidently plan for their future in a prosperous, safe and united country.

We titled our first Speech from the Throne “Turning a New Leaf”, reflecting our mandate for change. We have delivered on that mandate.

Now that we have turned a new leaf, it is time to fix our sights on Canada's longer term horizons, on where we want to go into the 21st century and how we will get there. That is why, for the second session of the 39th Parliament, our throne speech is titled “Strong Leadership. A Better Canada”. Strong leadership delivers more than it promises rather than promising more than it can deliver. We promise Canadians simply this: a better Canada for all of us.

We take inspiration from the great explorers of our true north Radisson and Des Groseilliers, Hudson and Franklin, Bernier, Amundsen and the rest. Just as they were guided by the North Star, we will be guided by a five point agenda for Canada. Our plan is principled and focused. We will strengthen the Canada of tomorrow while delivering real benefits to Canadians today.

For this session of Parliament, our government has five core priorities for a better Canada. We want to strengthen Canada’s sovereignty and place in the world; protect our environment and the health of our fellow Canadians; steer our economy toward long-term prosperity; modernize our federation and democratic institutions; and make our streets and communities safe again.

I do not intend to elaborate on everything included in the Speech from the Throne, but allow me to touch briefly on some aspects of the government’s agenda.

I would be remiss if I did not begin by addressing briefly the comments of the Leader of the Opposition. I, of course, take him at his word that he does not intend to force this Parliament to an election and that he will allow, indeed, the throne speech to pass and the government to proceed with its agenda.

As I listened to the Leader of the Opposition, it reminded me a little of the professor who goes through our term paper, marks all over it everything he disagrees with and then passes us anyway.

I have a bit of a different interpretation than the leader of the NDP on the remarks of the leader of the Liberal Party. While there was much criticism, I thought there was, if we actually cut through some of the verbiage, a fair degree of agreement, or at least apparent agreement, on the main priorities.

I note on Afghanistan that the main problem of the Leader of the Opposition seems to be calling it a combat mission rather than a military mission. I did not hear a claim or a call for Canada to simply leave cold turkey and abandon the Afghan people.

On crime, the Leader of the Opposition said that he would now consider passing all the government's crime legislation. Of course, we will be watching to see that happens in both Houses.

On the economy, I did not hear anything that differed substantially from the government's main lines of approach to the economy. In fact, I think he praised the very strong record that the Minister of Finance had created on the performance of the Canadian economy. I know he would like to take credit for that, but he has to be in power to do that.

On the federation and on democratic reform, whether it was the spending power of the Senate, I was not clear whether he was against those things or they were his ideas in the first place.

Most important, the Leader of the Opposition did not repeat his claim today, as he has so often in the past, that he could actually meet the Kyoto target, because we know that he could not and cannot.

Most important, of all the things I take note of, the Leader of the Opposition said that I was in fact his role model as the Leader of the Opposition.

Let me begin in terms of the substance of the throne speech with Canada's place in the world.

It is an understatement that we live in a global village where the economy, the security, the ideas and ideology and even the diseases of any one part of the world can be immediately linked or transmitted to another part. Canadians have always understood the critical nature of our connections to the rest of the world. We have never been an isolationist country.

Whereas in the past Canada participated in the world through its membership in the French and British empires, today we are a fully sovereign country. For the federal government, there is nothing more fundamental than the protection of this country's sovereignty.

Our most important potential sovereignty challenge is on our arctic doorstep.

Our most important potential sovereignty challenge today is on our Arctic doorstep where retreating polar ice, rising global demand for resources and the prospect of year round shipping are creating new challenges and exciting opportunities for the north. As Stan Rogers once sang, Franklin's dream of tracing “one warm line through a land so wild and savage” to “make a Northwest Passage to the sea”, seems about to be realized. However, it must be on our terms.

To ensure this we cannot just point at a map and say it is ours. Protecting and inserting our sovereignty in the Arctic and elsewhere requires real effort, expense and sacrifice. We cannot go 10 years without sending a single ship to the passage as our predecessors did. We have to use the north or we risk losing it.

Conservative governments going all the way back to Confederation have understood the importance of Canada’s true North.

John A. Macdonald, who oversaw Canada’s acquisition of our vast lands to the north and west, was the first to apply the “use it or lose it” principle of sovereignty.

Macdonald said, “were we so faint-hearted as not to take possession of it, the Americans would be only too glad of the opportunity and would hoist the American flag”. And so he assured our possession over the Arctic claims of Britain, just as he had created the Northwest Mounted Police to assure our sovereignty in western Canada.

Half a century ago, Prime Minister John Diefenbaker extolled his northern vision. He foresaw that Canada's future development and prosperity would depend on efficient transportation networks linking northern resources to southern markets. “Roads to resources” he called them. Therefore, he built, among others, our northern most road, the 700 kilometre Dempster Highway from Yukon to the Mackenzie River delta.

The opposition of the day has always dismissed such initiatives as unnecessary, fanciful and even wasteful, and history has always proven it wrong.

That is why our government established a strategy for the North, and why we have already taken a number of steps to affirm our presence and sovereignty in the Canadian Arctic.

In our first two budgets, for example, we have taken strong measures to strengthen the ability of our territorial governments to deliver services to northerners, with particular emphasis on northern housing for first nations and Inuit.

We are expanding our military and coast guard presence into the high Arctic and improving our surveillance capacity, including strengthening the Arctic Rangers.

We are stepping up our environmental activities and increasing the number of protected areas, as reflected in our recent announcement concerning a massive expansion of the Nahanni National Park Reserve in the Northwest Territories.

And to mark International Polar Year, we are enhancing research in the High Arctic.

These research activities will help confirm our unassailable ownership of the Arctic Archipelago and the waters around them, including the Northwest Passage, along with the resources that lie beneath the land, the sea and the ice.

We will proceed with the first ever comprehensive mapping of Canada's Arctic seabed as well as the establishment of a world-class research station to be located in the Arctic itself. It will become the hub of our scientific activities in the north, gathering knowledge that will support our sovereignty and assist with resource development and environmental protection. The other Arctic nations of this planet already have most or all of these capabilities. Under our watch, Canada will not be left behind when it comes to the Arctic.

I should add that many of my colleagues will be working on these northern initiatives. They will be led by the Minister of Indian Affairs and Northern Development, who has done such a terrific job of getting Canadian agriculture back on track.

Of course, our role in the world is not just about our own sovereignty. It is also about effective action beyond our borders, in concert with our friends in the international community.

And we cannot be completely effective in either of these respects without solid, well-led and well-equipped armed forces.

That is why our government will continue rebuilding our long-neglected Canadian military. We want to ensure that our men and women in uniform are able to do the work that we ask of them at home and abroad as safely and as effectively as possible.

I have visited our troops in Kandahar twice in the past 21 months. The Minister of National Defence, the Minister of National Revenue and former national Defence minister, the Minister of Foreign Affairs, the Minister of Canadian Heritage, Status of Women and Official Languages, the Minister of International Cooperation, and several other colleagues have as well.

I have also attended Red Friday rallies and other events where communities, friends and others show their support. I have spoken to many of our soldiers and to their families, including some who have lost loved ones.

The soldiers who are serving this country in Afghanistan and the families and the friends who are supporting them back home rank among the finest Canadians I have ever known. Their compassion for the people of Afghanistan, their resolve in the face of a barbaric opponent, their manifest skill and professionalism and the diplomats and development officers they work with are a credit to our great country.

Our mission in Afghanistan is a noble and necessary endeavour. It is making a difference in the lives of men who were victims of Taliban oppression, for children forced to live in ignorance, and for women who had no human rights.

Remember, all of us, that these are ordinary human beings like ourselves, the vast, vast majority of whom just want to live in peace, give their families hope and build a future for their communities.

Parliament will have to make some decisions on the future of the Afghan mission post-2009 within the next year. I hope all parliamentarians will pay attention to the analysis and advice, which the former deputy prime minister, John Manley, and this panel of eminent Canadians will share with us in the near future.

For our part, both in and out of power, this party has faithfully supported our military and their mission since it began in Kabul in 2002 and, of course, since our forces were sent to Kandahar in 2005 by the previous government.

We cannot understate the responsibilities we have undertaken to the Afghan people, to the international community, and to the men and women of our diplomatic, development, and defence forces who have made such enormous sacrifices on behalf of all of us.

Once again, we cannot understate the responsibilities we have undertaken to the Afghan people, to the international community and to the men and women of our diplomatic development and defence forces who have made such enormous sacrifices on behalf of all of us. This Parliament must not let those people down, Mr. Speaker, and I can assure you we will not let them down.

The mission in Afghanistan reflects our conviction that Canadian foreign policy must promote our values and defend our interests. This philosophy is at the very heart of all our international policy initiatives. It was behind our call to confer honorary Canadian citizenship on Aung San Suu Kyi, who has waged a heroic struggle to bring democracy to Burma. It is seen in our participation in the United Nations mission in Haiti. It guides our international assistance programs, which will be refocused and strengthened over the coming weeks.

Our conviction that foreign policy must promote our values and serve our interests drives our effort to renew Canada's engagement in the Americas. Many nations in Latin America and the Caribbean are pursuing market reforms and democratic development, but others are falling back to economic nationalism and protectionism, to political populism and authoritarianism. That is why it is so important for countries like Canada to engage in their own hemisphere, to demonstrate that there are alternative models that can meet people's aspirations. Their choice is not simply between unfettered capitalism and cold war socialism.

The Canadian model of democratic freedom and economic openness, combined with effective regional and social support, offers a middle course for countries seeking democratic institutions, free markets and social equality.

Canada can make a difference in the world.

I do have to respond to a couple of things that were said earlier on Africa. This government is the only government among the G-8 that is meeting its commitments in Africa. It has to be said.

In Darfur, a brutal, brutal tragedy for so many people, this government has been involved in assisting the United Nations and the African Union. When I met last month with UN Secretary-General Ban Ki-Moon, I made it clear that he can expect Canada's help in any way that the United Nations requires that help in Sudan.

We can make a difference. But we will not make a difference by returning to the days when the government lurched from one fashionable international cause to the next, never pausing to assess whether we were making an impact or whether we even had the necessary capabilities to do so. In short, we will not be returning to the days of a government with an announcement on everything but a plan for nothing, as was the case with the previous government, most notably on the environment and climate change.

I met with leaders who helped draft the consensus climate change statements at the G-8 and APEC. They were not asking me how we were going to achieve our Kyoto target. They had figured out a long time ago, when Canada's last government spent a decade raising emissions year after year after year, that that government had no intention of meeting the Kyoto target.

What those leaders want to know is simply what target we are going to achieve and do we have a plan to achieve it. The Minister of the Environment has been clear. The targets he has set, a 20% reduction by 2020 and a 60% to 70% reduction by 2050, are among the most aggressive in the world going forward and have been recognized internationally to set the stage. He is moving now to implement the plan to achieve them.

And thanks to his efforts and those of his colleagues, we are engaged in a major effort to establish an international protocol that is to include all large emitters, including giants like the United States and China. The government will move forward with its plan for the reduction of greenhouse gas emissions and air pollutants.

There is no time to lose arguing about yet another “new plan” that will never be implemented.

It is time. We have heard enough from the Leader of the Opposition with his seventh, eighth or ninth plan. It is time to pass the throne speech and let the Minister of the Environment get the job done, just as it is time to let the Minister of Finance, the Minister of Industry and all of their colleagues get on with the job of strengthening the position of the Canadian economy for long term prosperity.

I am pleased to report, wherever I go in the world, that Canada's economic fundamentals are very strong.

The Minister of Finance just announced one of the largest paydowns of federal debt in Canadian history, the direct result of which will be a reduction in personal income taxes under our Tax Back Guarantee legislated in Budget 2007.

Canada continues to enjoy one of the longest periods of economic growth in its history.

Unemployment has fallen to its lowest level in nearly two generations. Inflation and interest rates remain low. The real disposable income of Canadian households has been increasing strongly since this government took office, but we cannot be, and are not, complacent about the continued growth of the Canadian economy.

Recent volatility in financial markets emanating from the U.S. sub-prime market may be with us for some time to come. There is weakness in some of our export markets. Good jobs are threatened in some of our traditional industries and cost pressures in some parts of the country are creating their own pressures on the budgets of working families. Our government is aware of these challenges.

We have responded and, in this session, we will pursue our action in struggling sectors such as the manufacturing, forestry, fishery and tourism industries. We will also continue to take steps to bolster Canadian agriculture.

Speaking of agriculture, this spring when it looked like there would be marketing choice for western barley farmers, prices went up. When marketing choice was swept off the table, prices went down. The Canadian Wheat Board is supposed to be getting the best prices for farmers. That is what marketing choice will deliver and we will not rest until we deliver the choice that western farmers voted for.

Just as we will not stop defending producers in supply-managed industries.

The Minister of Finance will soon be presenting the fall economic and fiscal update, which will report on our progress. Our plan for Canada’s future prosperity is clear.

We are undertaking the largest public infrastructure investments in this country in over half a century. We are strengthening policies on science and technology, research and education. We are helping the disabled and those in poverty move into the workforce.

As the 20th anniversary of our free trade agreement with the United States approaches, we are reinvigorating our trade negotiations to open more markets to Canadian products, as we have done with EFTA. Of course we are dedicated to paying down debt, keeping spending focused on results and reducing taxes for Canadians.

We have cut the GST by one point, cut corporate taxes, and provided specific tax incentives for families, students, children’s sports, tool expenses, and public transit.

We will also be bringing forward a further long term plan of broad-based tax relief in this session.

I notice that the Leader of the Opposition, after voting against every single tax reduction this government has introduced, has now become outspoken in calling for tax cuts for large corporations. They cannot contribute any more. Let me assure you, Mr. Speaker, we will reduce taxes for all businesses as well as for all individuals and families in this country. Because in this country, there is only one party which, over the long sweep of our history, has been consistently committed to low taxes, direct benefits for families, fiscal discipline, and a free and fair market powered by the energy and creativity of the private sector, and that is the Conservative Party.

One of the intangibles that has recently been working to the advantage of all Canadians and to the advantage of our economy has been the clear improvement in national unity since our government took office. I know the Bloc is not happy but that is the idea.

One of the important steps along this road was the recognition that the Québécois form a nation within a united Canada, a measure widely supported in this House last year. That was a controversial act and some predicted, and I know they genuinely believed, that it would lead this country in the wrong direction. I have spoken in various parts of our country and outside our country in French and English, not just Quebec. I have urged, and I continue to urge, all Canadians to look at the beneficial effect that this historic recognition has had on the national unity of this country. Canada is more united today than it has been at any time since our centennial 40 years ago.

I believe that the results of the last election and reaction to the action taken since then—action on UNESCO, the nation, fiscal balance—are sending a very important message to us all.

Canadians, and Quebecois in particular, want to move forward. They have had enough of the old quarrels. They are fed up with the bickering between centralists and separatists, between those who would keep all the power in Ottawa, and those that would give all the power to an independent Quebec.

George-Étienne Cartier, MacDonald and their colleagues created a federation that, although not perfect, has served Canadians well for 140 years. In fact, the federation of 1867 created one of the most solid political institutions in the world, unbroken by tyranny or conquest, unbroken by social disorder or economic chaos.

And we mustn’t forget that Canada—a country born in French, a country with two languages and a multitude of cultures, which will soon be celebrating the 400th anniversary of the founding of its first capital, Québec—is one of the biggest success stories in history.

Of course, I do not argue that Canada is perfect, and so we are committed to reforming it for the better. Our government has worked hard to respect the federal division of powers, to strengthen long-neglected federal jurisdictions, and to work cooperatively with the provinces.

In the next session, in accordance with our government practice, we will be introducing legislation to place formal limits on the use of federal spending power with respect to new programs in areas of provincial jurisdiction without provincial consent and to provide for opting out with compensation.

This is a historic measure, one that has already been welcomed by the government of Quebec.

I noticed that the Leader of the Opposition talked about why this would be a bad thing. One of the reasons he stated for how this would be a bad thing is that this might prevent him from trying to take the child care allowance from Canadian families and instead give it back to lobbyists, to researchers, to advocates and to other politicians. We are going to make sure we get that money directly to Canadian families.

We will also act within the federal jurisdiction to strengthen Canada's economic union, which is a fundamental responsibility for the national government, one that it must take in the interests of all Canadians.

When I say that Canada is not perfect, I think most Canadians recognize immediately that the Senate, as presently constituted, is one of its obvious imperfections.

I must admit to being rather disappointed that the Senate chose not to adopt the tenure bill, even after an excellent report on the subject prepared by the former Speaker of the Senate, Dan Hays. The government will reintroduce in the House, in a slightly amended form, the bill to shorten senators' tenure from a maximum of 45 years to eight years. I am tempted to say that such a reform should be a no-brainer, but I have been surprised before.

On the other hand, the government, while still supportive of allowing for the direct consultation of voters in the selection of senators, does recognize that this is a complex and controversial measure for some members. As such, the government will, upon reintroducing this bill, ask that it be sent to committee before second reading in order to get as wide-ranging a parliamentary input as possible.

Let me just say that I remain convinced the country deserves a reformed Senate, and an elected Senate for that matter, but the country needs the Senate to change, and if the Senate cannot be reformed, I think most Canadians will eventually conclude that it should be abolished.

In terms of reform, let us also hope that the opposition will see fit to stop delaying the adoption of the former Bill C-44. In this country, we are long past the time when the rights of aboriginal people living on reserve should be fully protected under the Canadian Human Rights Act.

I noted with great interest, of course, the leader of the Liberal Party talking about compassion and help for the less well off, but I do have to point out that ours is the government that signed the residential schools settlement and that is now implementing it and preparing the apology; that has cut the right of landing fee to people who have come to this country; that has increased funding for official languages communities across this country; that has redressed finally, after so many years, the Chinese head tax; that has established the Air-India inquiry which was so demanded; and that has concluded a settlement with the sufferers of hepatitis C. These are our proudest moments and they show the difference between talking and acting.

Last but not least, I would like to draw attention to the fifth part of our government’s long-term agenda for a better Canada, a point that affects many Canadians.

Canadians have always been proud of their safe streets and communities—something that long distinguished us from our friends across the border. Today, however, crime is erasing the promise of our Constitution, the promise of peace, order and good government.

Canadians want their safe streets and communities back. They want leadership that is tough on crime and reliable on national security and that is exactly what they are going to get from this government. Under our government, the protection of law-abiding citizens and their property is once again becoming the top priority of our criminal justice system and this will be the agenda we will pursue if Parliament adopts this throne speech. In short, the opposition cannot allow it to pass and then obstruct our core priorities.

That brings me to our first piece of legislation. Last year, our first bill was our historic anti-corruption law, the Accountability Act. This year, our first bill will be our comprehensive justice reform bill, the Tackling Violent Crime Act.

Just as the accountability act cleaned up corruption in government, the tackling violent crime act will be a first step in cleaning up crime in our streets and communities. And it will be a matter of confidence, because the time for talk has passed and the time for action has long since arrived.

Canadians are fed up with a criminal justice system that puts the rights of criminals ahead of the rights of law-abiding citizens, fed up with a revolving door bail system and soft sentences for serious offenders, and fed up with feeling unsafe in their homes and public places.

In the first session of Parliament, our government introduced 13 justice bills. Seven have been passed into law, but six, which included several key policy measures, were held up by the opposition.

Though we accommodated many opposition amendments, the bills were held up in opposition-controlled House committees or by the Liberal majority in the Senate for a grand total of 976 days. That is simply not acceptable.

Canadians are losing patience, so Bill C-2, our tackling violent crime act, to be spearheaded by the Minister of Justice, will reintroduce the key elements of those bills. It will, for example, take action on sentencing for gun crimes. Too often, people convicted of violent crimes involving firearms do little or no time. That is unacceptable. Under our law, serious gun crime will mean serious mandatory prison time.

Furthermore, in too many cases bail has been granted to people charged with serious weapons offences, and while on bail some of them have committed appalling new crimes. That is also unacceptable. Our bill will make it tougher for accused gun criminals to get bail.

The Tackling Violent Crime Act will also crack down on sexual predators. For far too long now, these predators have gone after our children. That too is unacceptable. This legislation will protect our children by raising the age of protection.

Our legislation will also crack down on drug- and alcohol-impaired driving. Too many innocent people have died at the hands of drunk or stoned drivers. Again, that is unacceptable. The tackling violent crime bill will give police and prosecutors more tools to get impaired drivers off our roads and keep them off.

Finally and perhaps most importantly, too many of the most violent, repeat and dangerous offenders in this country wind up back on our streets where they can offend again, again and again. Each time they do, Canadians look at their records, their rap sheets, and ask, “Why on earth was this person ever let out of prison?” There is nothing more unacceptable than that.

Again, let us be clear. We are talking about a few dozen of the most violent, dangerous individuals in this country. Our bill will make sure they stay behind bars, where they belong.

I have no doubt that some people will say we are being too aggressive. From high up in their academic ivory towers or from the boardrooms of their law firms, they will look down on the streets they never set foot on and say things like, “Criminals are really just victims of injustice, oppression and social exclusion”.

Try telling that to their real victims. Tell it to women who do not feel safe walking in their neighbourhoods at night or having their children in those neighbourhoods during the day. Tell it to the innocent teenager killed in a gang shootout on the streets of Toronto.

Tell it to the young girl in Quebec who was out riding her bike when she was struck by a drunk driver.

Tell it to the two Prairie boys who were kidnapped and horribly abused by a serial pedophile.

Tell it to the police, the prosecutors and the elected politicians of all stripes at all levels of government, including municipal and provincial, who have been clamouring for these laws for years.

There is no good reason for the official opposition to oppose or to delay Bill C-2. In fact, the official opposition campaigned in favour of virtually all of these initiatives in the last election and has had enough days, weeks and months, and in some cases over a year, to delay their passage. That is why we are making the tackling violent crime act a matter of confidence. We will be seeking timely passage of this legislation and, as is the case with confidence measures, the government will not accept amendments to the substance of these initiatives.

Aboriginal AffairsOral Questions

June 20th, 2007 / 2:40 p.m.


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Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, we are supporting the delivery of drinking water to first nations communities, but let us talk about human rights because for 21 years first nations women on reserve in this country have not had access to matrimonial property rights. For 30 years first nations women on reserve in this country have not had access to Canada's human rights legislation. The member, together with the Liberal Party, is supporting that sad state of affairs by blocking Bill C-44.

Yesterday in committee she said, “It doesn't matter whether first nations women's rights are postponed for six months, eight months or a year. It makes no difference to them”.

Committees of the HouseRoutine Proceedings

June 18th, 2007 / 5:25 p.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I listened with interest to the member's comments. I certainly like working with her on the aboriginal affairs committee. I know that she has a desire to see the lot of aboriginal people in Canada improved, as we all do.

However, I do take exception to some of the statements that she made to the effect that some of us do not want aboriginal people to become educated or to succeed. I need to say that one of the reasons that I requested to serve on the aboriginal affairs committee was from exactly that kind of motivation: to see the lives of aboriginal peoples improve. I would ask her not to imply in comments about being insensitive or something that simply because we approach the topic from a different perspective we do not have a concern equal to that of members opposite.

Our government has implemented a lot of key measures in the past year to improve the lives of aboriginal people. There has been $308 million for post-secondary education and $105 million for the aboriginal skills and employment partnerships. We have Bill C-44 and also the recent announcement that deals with specific land claims and a process to speed up that entire system.

I have two questions. Should the government fund 100% of post-secondary education for aboriginal students and other Canadians? If it did, how much of a budget would it require to fund that kind of request?

Committees of the HouseRoutine Proceedings

June 18th, 2007 / 5 p.m.


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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I have much to say on this matter. It is true that Bill C-44, which we are currently studying in committee, contains only nine operative words. Those nine words, however, will have serious repercussions on first nations people. Once the Canadian Human Rights Act applies in a community, this means that, immediately, anywhere in Canada, legal action can be taken against a band council or against the department any time there is no water, no hospital nearby or if people are not receiving the same level of care as anywhere else in Canada.

Earlier, in my response to another colleague, I said that real consultation is absolutely essential. The government must go to first nations communities to hear how first nations people want to repeal this retrograde legislation. Everyone wants to repeal it. We must find the mechanisms to ensure that this is done in full respect of the wishes of first nations people.

Aboriginal Affairs and Northern DevelopmentCommittees of the HouseRoutine Proceedings

June 18th, 2007 / 4 p.m.


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Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, as I indicated in my presentation, the amount of $300 million is something that I believe can be more efficiently allocated. I think that efficiencies are the most important part of making this allocation work better for first nations people. I know that some of those recommendations are in the report and hopefully possibly will advance this outcome.

In relation to human rights violations that might be occurring in Canada, I think that as a government that is one of the reasons why we are bringing forward Bill C-44. We are not going to stop because there might be a flood of complaints. We do not think that is going to be the case, but that is no reason to put off such important efforts.

Aboriginal Affairs and Northern DevelopmentCommittees of the HouseRoutine Proceedings

June 18th, 2007 / 3:40 p.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, it is a pleasure to rise today on this important topic before the House. The member who has called this concurrence debate is a member of the Standing Committee on Aboriginal Affairs and Northern Development and is a passionate advocate for aboriginal people throughout Canada and, of course, students.

This was an important study that was the first that I took part in as a member of Parliament and, as such, was not only a study on education but was very much an education for me.

We received many submissions and it was an extensive study. We also, in my opinion, found important information about the process for which aboriginal students across Canada are learning.

If there is one thing that everyone can agree on, it is that the path for individuals to succeed, for communities to escape poverty, for societies to flourish and for economies to prosper lies through education, education and more education.

Despite heroic efforts by thousands of students, parents, teachers and educators and many green shoots of progress, we all must admit there has not been enough of that progress. Too few aboriginal children finish high school. Too many schools lack the labs and libraries or the access to extra support services that make a difference. They have little measurement, no real system and no education act, just schools, lots of funding, agreements and people trying to make it work by throwing money at a system that may not work in the short term but suffices for the here and now.

However, it will not last. We need deeper renovation. We must do better. It is essential for all students across Canada and especially aboriginal students. We cannot wait.

Thankfully, we have seen a process begin in British Columbia. First nations people have led the way by forging a unique three-way partnership with the two levels of government. This partnership marries old ideas of first nations people along with new models of clear accountability for results in interconnection to the provincial standards for students and teachers.

Parliament passed this law to support the partnership last December. It is something that all members of the House were very proud of. We are moving swiftly, not just to implement it in B.C., but to offer similar partnerships in other parts of the country.

We have also learned from successes in Nova Scotia and the James Bay coast of Quebec. We have forged solid working relationships with experts in provincial ministries and universities.

We are still not sitting in a way that is urgent to press forward on these problems but we will in fact move forward and invest more than $50 million in important new school projects and extend the SchoolNet program that supports these schools with the Internet connections that they need to become the schools that everyone expects in this modern age.

This fall we will be doing a lot more as well. We cannot let this story end with an improvement in high schools. We also know that it is crucial to build bridges from these secondary schools to the labour markets and how important these further skills can be, whether that means university, college or accreditation for trades.

That is why our budget presented in March made an investment of an extra $105 million over the next five years. It is more than double the size of the aboriginal skills and partnership initiative which will fund skills training for thousands of aboriginal people.

That is why we sign partnership deals, bringing together first nations with private sector firms like EnCana and Siemens. We have renovated and extended for another five years the urban aboriginal strategy with a tighter focus on employment.

I have visited many communities throughout the north, including the community of Thompson. I know we have the member of Parliament from the Thompson area here today. I witnessed some of the work that was done with the aboriginal strategy in that fine city in which I was born and I can say that it has worked for the citizens of that community.

The one thing we learned in our study was that it is essential for post-secondary students to actually graduate. Perhaps the most important point that I personally learned as part of that study is that first nations students on reserve, in fact all aboriginal students throughout Canada, when graduating at the high school level are just as likely to proceed to post-secondary education and achieve success as other students in different demographics in Canada. This is an important fact that was learned by myself and other members of the committee during that important study.

As a government, we feel that we must focus much of our energy on improving the standards of secondary education throughout first nations communities. Unfortunately, there is a patchwork of systems in place that governs education. I know British Columbia has moved forward with an important initiative but many other provinces in Canada have yet to embrace these models. This is something that we as a government must do.

I want to highlight some of the other things we learned in the study since today we have been called upon to have this debate. One of the areas that I particularly focused on was the area of funding provided to first nations communities and how that funding is then further allocated. There is debate in relation to the amount, which is roughly $300 million. Some have argued that there should be more and some have argued that this amount needs to be more efficiently utilized. Of course, I believe there could be new efficiencies brought about to improve the outcome of that $300 million.

That is an area that I believe needs more work. There is really no general accountability on that $300 million. In fact, it is invested directly into the bands' general operating funds. If there were a new system that allowed for these communities to specifically allocate those funds to universities, I think new efficiencies could be found.

Of course, if an individual on reserve wanted to complain about the fact that there is not necessarily assurance in the way that $300 million is spent, they currently cannot do so within the Canadian context but, thankfully, we are bringing an important bill before the House, Bill C-44. I know the member for Churchill is not interested in this topic.

Bill C-44 extends the Canadian Human Rights Act to first nations people on reserve and that is important.

Aboriginal AffairsOral Questions

June 15th, 2007 / 11:45 a.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I am very proud to further highlight from earlier this week the fact that the Prime Minister announced a new process which will extend $250 million a year to settle specific claims.

Further to that, right now we have the opportunity to extend human rights to first nations people with Bill C-44. The only thing standing between first nations people and human rights on reserve is the Liberal Party, the Bloc Québécois and the New Democratic Party.

Business of the HouseGovernment Orders

June 14th, 2007 / 3:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I will be happy to address that in the affirmative in a moment but there is more that we should know about in terms of the business we are doing.

We will continue today with Bill C-42, the quarantine act, Bill C-58, the railway transportation bill and Bill C-21, An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted).

Tonight we have the emergency debate pursuant to Standing Order 52 that the Speaker has determined should proceed.

On Friday we will call Bill C-33, the income tax bill and Bill C-6, the aeronautics bill.

Next week is got the job done week when the House has completed the nation's business for this spring's session. During the got the job done week we will continue and hopefully complete the business from this week, as well as some new legislation and legislation that will be out of committee or the Senate.

The list of bills that are currently on the order paper, in addition to those I have identified for this week that I would like to see completed by the House before the summer recess are: Senate amendments to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

There are also the following bills: Bill C-32, An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts; Bill C-44, An Act to amend the Canadian Human Rights Act and Bill C-53, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

Another bill includes Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans).

By the end of next week, Canadians expect that the Senate will have completed its consideration of budget Bill C-52 without any amendments so that they can relax for the summer with the knowledge that $4.3 billion in the 2006-07 year end measures will be in play.

If there are amendments, we will have to be here in the House to respond and protect measures that might otherwise be lost, such as a $1.5 billion for the Canada ecotrust for clean air and climate change; $600 million for patient wait times guarantees; $400 million for the Canada infoway; $100 million for the CANARIE project to maintain the research broadband network linking Canadian universities and research hospitals; $200 million for protection of endangered spaces; and much more.

Aboriginal AffairsOral Questions

June 14th, 2007 / 2:40 p.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I find it bizarre hearing this logic from the member opposite. We have before the House of Commons Bill C-44 which actually extends human rights to first nations people in Canada. This is something that has been historically unjust.

We have the opportunity today to move forward and extend human rights to first nations people. I would ask that the opposition parties come on board with the government and bring human rights to first nations.

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, of course the member raises the issue of human rights and hopefully we will be able to soon pass Bill C-44, which would extend human rights to first nations people on reserve.

She also raises the point of throwing money at a broken system. This is something that our government has taken major issue with, because we feel the systems are broken. Investing money in broken systems is not the right approach for delivering to people on the streets of first nations communities.

This is one of the reasons why Canada's new government is moving forward for first nations people, thankfully, and bringing about system change to the Indian Specific Claims Commission as well as system change to the Canadian Human Rights Act, which would extend human rights to first nations people. Hopefully the member will help us in fixing the system.

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I am pleased to have this opportunity to follow up on my question posed to the Minister of Indian Affairs and Northern Development on May 18. Similar to other responses I have received from the government, the answer I was given that day was empty, unsatisfying and entirely rhetorical.

However, providing adequate responses is not the only thing the Conservative government seems to be struggling with lately. In recent weeks it has grown increasingly evident that the government continues to struggle with maintaining strong partners within the Canadian federation.

It began by abandoning the historic Kelowna accord and ignoring first nations health, education and poverty issues, which has led to a deterioration of the government's relationship with first nations communities. We have seen the true colours of members opposite in their style of government as they have turned their backs on first nations and now they have turned their backs on Atlantic Canada and other provinces. Rather than working together in a collaborative fashion, we are witnessing a divisive and appalling approach to government. I encourage those sitting on the government side of the House to consult with Canada's first nations, Métis and Inuit on what true consultation actually means.

I would like to point out that the member referred to the Kelowna accord as a “quasi-plan”. The member opposite used that term when he responded to my question on May 18. It reflects that party's inability to understand the issues facing first nations.

The Kelowna accord was the result of 18 months of aboriginal round tables, including all aboriginal groups in Canada. This was not to satisfy a legal obligation on consultation, which we know the Conservatives know nothing about, but was a good faith process.

If the Conservatives could deviate from their slogans for a moment, maybe they could hear what first nations are saying on such issues as matrimonial real property, Bill C-44, the anti-poverty campaign and even the human rights complaint they have been forced to file against the government on first nations child welfare. First nations want change but not in the paternalistic manner of decades past in the days of the Indian agent.

In my question to the minister I cited Assembly of First Nations National Chief Phil Fontaine when he commented on the Kelowna accord. He said, “for the very first time, we had...a plan...based on reason, thoughtful consideration”. He said, “That deal was set aside, dismissed”.

Under the previous Liberal government, the Kelowna accord was built on a foundation of respect, accountability and shared responsibility. It outlined five year targets in the areas of education, health, housing, infrastructure and water.

What will it take for the government to take all issues relating to first nations, Inuit and the Métis nation in Canada seriously? Why does the Conservative government treat our partners within our federation with such disdain? When will it work with aboriginal leaders on all issues to improve the quality of life for first nations?

Aboriginal AffairsOral Questions

June 12th, 2007 / 2:55 p.m.


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Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I appreciate the hon. member's question. If the Bloc members say they are in favour of human rights, they should support Bill C-44 dealing with the rights of women and children. We still have not heard from the hon. member on this matter.

Aboriginal AffairsOral Questions

June 12th, 2007 / 2:50 p.m.


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Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, perhaps the hon. member could devote some of this new-found enthusiasm and fervour for human rights to the subject of first nations, particularly first nations women in Canada.

Bill C-44 has been before a committee of the House, including before the hon. member, for 83 days at this point, I am told. It is nine words long, including complicated words such as “is” and “the”. To this point, not a single amendment has been proposed by the hon. member or anyone else.

Perhaps she could dedicate the same enthusiasm to protecting first nation women in Canada.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2007 / 3:35 p.m.


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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I will not play politics. I will quickly ask my question.

I am very surprised to hear the Leader of the Government in the House of Commons talk to me about Bill C-44 when he is not familiar with the file. In fact, he is talking about Bill C-34 instead of Bill C-44. He should come to committee to see the work we are doing.

I have a very specific question. We have an all-party agreement on Bill C-51 on lands in the far north claimed by the Inuit, who have been waiting for 10 years. There is also an agreement on Bill S-6. We have an agreement among all parties, including the government party.

Why not put these two bills to a vote tomorrow? It would be done and resolved. There is no need for a study, especially since everyone agrees on fast-tracking these two bills.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2007 / 3:35 p.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, our way of operating is very simple. We are trying to deliver results for Canadians on the things we committed to do in the last election. Unfortunately, some other parties are more interested in political gamesmanship, or advantage, or delay or obstruction.

The hon. member for Yukon referenced Bill C-44, which has an operative clause of nine words. The bill's real effect is to give human rights to our first nations people, human rights they have been denied under the Canadian Human Rights Act. We are ready to proceed with that, we want to proceed with it and we would love to proceed with it. Opposition parties are intent on delaying the bill at committee. They would rather go on a summer vacation than give first nations human rights, and that is a shocking thing to me.

I cannot share the member's sentiment at all. We are determined. We are trying to get things done. We made commitments to Canadians in the last election, and now we are delivering on those commitments. The budget implementation bill is an important part of that.

The overall budget does great things for Canadians. In two budgets, in two years, we are paying down $13 billion and $9 billion on the debt, $22 billion paid down on the debt. That is a real benefit for every Canadian.

Canadians elected us to do these things. They elected us to keep spending under control, to help families make ends meet on the things—

Budget Implementation Act, 2007Government Orders

June 8th, 2007 / 12:15 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, before question period I talked about the dire need in the country for affordable housing and for a range of housing. I talked about the fact that an organization in Nanaimo said that housing was a part of a stable community. In the south end of my riding in the Cowichan Valley we also know that affordable housing is a crisis.

Homeless shelters have opened up. We have had some tragedies where people were squatting in buildings and the building caught fire. We desperately need affordable housing and not only in Nanaimo—Cowichan or British Columbia.

The Canadian Centre for Policy Alternatives report said:

Increasing income inequality has further aggravated housing affordability issues for many Canadians. The rental market has stagnated in terms of supply, with a net increase of only 2,000 units across all of Canada between 1996 and 2001

The CCPA recommends the development and implementation of a national housing strategy which should be drafted in consultation with first nations and aboriginal groups where appropriate.

The budget does not contain the kinds of long range fundamental solutions to our affordable housing crisis and money that has been earmarked for housing is often flowed through the province with no accountability measures put into that flow through of money.

The budget also does not do enough to address questions of improving infrastructure of Canada and B.C. in particular. The federal and provincial transfers have declined by 37% in the past decade. Not only does the Conservative government have responsibility for this, so does the previous Liberal government.

As a result, Canada's municipal infrastructure debt is estimated at $60 billion and growing by $2 billion each year. An additional $21 billion is needed to improve urban transit. When we talk about infrastructure, that infrastructure includes roads, sewers, water treatment plants and also important heritage items.

In my riding we have a very important heritage item called the Kinsol Trestle, which spans the Koksilah River in the southern Cowichan Valley. It is one of the largest and highest wooden trestle bridges in the world. It was built in 1921, though there was an unfortunate fire and a number of years of neglect of this important artifact. That kind of infrastructure money is part of a trail system and infrastructure money has not been earmarked. We can designate things like the Kinsol Trestle as a heritage site, but there is no money to maintain it.

The budget also does not provide money more broadly on other infrastructure items. I point specifically to the flooding that is going on right now in British Columbia. There is a long term need for dealing with the dike system in British Columbia. That has been neglected year after year. This year flooding is removing people from their homes and cutting communities off. I encourage the government to take a look at that longer term need.

I will talk about forestry for a moment. My riding of Nanaimo—Cowichan has been reliant on the forestry sector for its economy for a number of years, and has been in transition. Over the last several years, between softwood lumber and raw log exports, we continue to see jobs lost in many communities in Nanaimo—Cowichan and Nanaimo—Alberni. I mentioned earlier that 185 jobs were cut last week. We continue to see lack of adequate attention paid to the forestry sector in British Columbia.

When we talk about economic prosperity, we need to ensure that we foster economic prosperity and make the kind of strategic long term investment. I would argue that British Columbia's forestry sector deserves that strategic long term investment.

When we talk about the pine beetle in the House. We have had nothing but hollow promises to deal with the pine beetle epidemic, which is decimating forests in B.C. Although there have been promises, that money still has not flowed. I will to read from an article dated Friday, June 8, entitled “We say when will the feds give a damn about beetle?”. In this article it says, “This is a disaster that directly affects the finances and pocketbooks of individuals every bit as much as other natural disasters like floods and ice storms”.

It goes on to say, “This is the case no matter how we might quibble over the definition. People struggling with the pine beetle devastation aren't asking for a free ride. They would simply like an indication that the federal government gives a damn. They would be grateful to receive even a small percentage of the cost”.

The article talks about the fact that there are $62,000 from the federal government toward the continuation of the Kamloops beetle wood pickup program, and that is it. We know we need to have a long term view of what is happening in British Columbia. Forests are being cut because they need to be, but what is the long term economic survival of the community? What is the transition plan for workers in those communities? We must pay attention to that. Thousands and thousands of hectares have been impacted.

It is clear when we look at housing, the forestry sector, fishing, health care and seniors in British Columbia, many of these issues critical to the health, safety and well-being of our communities, that they have not been a priority in this budget. It is also clear that citizens in British Columbia have not been a priority for the government.

I will turn my attention for a moment to an issue that confronts us on a national scale, which is the aboriginal peoples of our country. As the aboriginal critic, I was particularly interested in what the government saw fit to put in the budget. When it comes to first nations, Métis and Inuit peoples,we see there is very little commitment in the budget.

Close to one million Canadians identify themselves as aboriginal peoples, including over 600,000 first nations, 300,000 Métis and 50,000 Inuit. The aboriginal population is young, incredibly diverse and growing much faster than the rest of Canada, yet the government continues to miss the opportunity to pursue programs that benefit both aboriginal peoples and ordinary Canadians.

A budget is, at its core, a set of numbers that demonstrate a government's priorities. Canadians expected fairness toward first nations, Inuit and Métis people to be a priority, but as this budget clearly shows, it was not.

When adjusted for inflation and population increases, the INAC budget has dropped in real terms by 3.5% since 1999-2000. As a result of the discriminatory 2% cap, core services, which include education, social development, capital facilities and support of self-government for first nations people, have declined by 13% in real terms during the same period.

There are more numbers. Aboriginals make, on average, only 60% of what ordinary Canadians make. They are two to three times more likely to be unemployed. They are three times as likely to live in poverty. Aboriginals are two to three times as likely to suffer chronic health conditions and live in inadequate, crowded housing. This is an embarrassment for Canada. It is time we refocus on the issues that are central to Canada's aboriginal communities, good housing, good jobs and a bright future for their children.

When we talk about this we often forget there is a natural face. In a speech that National Chief Phil Fontaine gave on Tuesday, May 15, he put a face to the conditions in Canada. I will quote from his speech. He said:

We must admit that First Nations People in Canada live in the most disgusting and shameful conditions imaginable in any developed country.

In...Northern Manitoba, Chief Shirley Castel tells us that some two-bedroom homes have as many as 28 people living in them. People are forced to sleep in shifts and many parents often go without sleep to ensure their children are able to learn and play.

The Conservative answer to that is to put $300 million into market housing, but no additional money into on reserve affordable housing and no additional money into off reserve affordable housing. The fact is that $300 million in market housing only addresses one small part of what is needed in first nations, Métis and Inuit communities.

Further in National Chief Fontaine's speech he says:

The UN Human Development Index ranks Canada at about sixth in the world. First Nations on reserves rank somewhere around 63rd, according to Indian and Northern Affairs...

The Department's own officials have warned the federal government that First Nations' socio-economic status will continue to worsen and the gap widen—yet these warnings have not been heeded.

Later in Chief Fontaine's speech, and I noticed that the Ottawa Citizen ran a story on this very sad tragedy that took place in Ottawa, he says:

And so where is the public outcry about the loss of Kelly Morriseau...especially now with the Robert Pickton trial underway in B.C.

It's estimated that more than 500 First Nations women have disappeared or died violently during the past 30 years.

That is a litany of the tragedies facing many first nations communities in our country.

When the Assembly of First Nations put out a report on the Royal Commission on Aboriginal Peoples, it gave an overall grade of meeting their recommendations in that report as F. In one section of the report called “First Nations Homes”, and I talked a little about homes, but I will read the statistics. It says:

In addition to a higher rate of overcrowding, First Nations homes are about four times more likely to require major repairs compared to Canadian homes and mold contaminates almost half of First Nations homes.

1 in 3 First Nations people consider their main drinking water unsafe to drink, and 12% of First Nations communities have to boil their drinking water.

Six percent (over 5,000 homes) are without sewage services, and 4% lack either hot water, cold water or flushing toilets

I remind the House that this is in Canada. We would not expect that many citizens in Canada are living in third world conditions. When I talk about the international stage, I want to turn to a report that the International Convention on the Elimination of All Forms of Racial Discrimination published in March, pointing out Canada's shameful record in a number of areas in dealing with first nations, Métis and Inuit people.

Under Item 21, it talks about the commitments made in 2005 by the federal, provincial and territorial governments under the Kelowna accord. It goes on to say:

—the Committee remains concerned at the extent of the dramatic inequality in living standards still experienced by Aboriginal peoples. In this regard, the Committee, recognising the importance of the right of indigenous peoples to own, develop, control and use their lands, territories and resources in relation to their enjoyment of economic, social and cultural rights, regrets that in its report, the State party did not address the question of limitations imposed on the use by Aboriginal people of their land, as previously requested by the Committee. The Committee also notes that the State party has yet to fully implement the 1996 recommendations of the Royal Commission on Aboriginal Peoples.

In the same report we have heard Conservative members talk about the fact that Bill C-44 will address human rights on reserve. What they fail to acknowledge is that Bill C-44 does not allocate any additional resources to the things that might arise in human rights complaints around water, housing, adequate education. There is no remedy and this report cites, in fact, that without those remedies, human rights cannot be addressed on reserve.

We have often heard talk about the 2% cap. Again, I want to turn to the government's document. In a cost drivers report it indicated:

The rationale is that after nine years of a 2 percent cap the time has come to fund First Nations basic services costs so that population and price growth are covered in the new and subsequent years. Over the period of the 2 percent cap departmental per capita constant dollar expenditures for basic services have declined by six percent.

This is the context of the fact that population both on and off reserve continues to grow. Aboriginal population in the country is the fastest growing of any population in the country, and yet we have seen a net decline of 6%. This is the government's document.

I would suggest that when this budget was developed, surely the government would have received advice from its own departments in developing a budget that would adequately address even a minimum standard of care in the country.

Later on in the same cost drivers report, it talks about socio-economic influences. It talks about the fact that:

The real costs associated with First Nation schools implementing programs that assist those students affected by adverse socio-economic conditions, in achieving school success, however that may be defined.

It says that is a problem.

It includes things like remedial programs relating to basic skills, nutrition programs, extracurricular programs associated with sports and recreation, after school programs and so on.

It talks about the fact that when we compare the services of on reserve schools with off reserve schools, there is a funding gap of $64 million in the band school system for the year 2004-05. We know that the gap has continued to grow.

I could continue to talk about the overcrowded housing, the lack of clean drinking water, the lack of mould remediation programs and the lack of education. The Standing Committee on Aboriginal Affairs and Northern Development in the spring completed a report on post-secondary education. The committee called upon the government to recognize the 2% funding cap, to address the serious shortfalls in post-secondary education. There was no new funding.

We know that one of the ways that economic disparity can be addressed in first nations communities, Métis communities and Inuit communities across this country is by making sure that education is accessible.

With our aging population, it is really important that we invest in the skills and labour shortage. Although there was some money in the budget for the skills and labour shortage, I would argue that it was not nearly sufficient to meet this country's needs. If we fail, as this proposed budget does, our economy and society will not only forego this great potential, but also continue to incur large social costs. I have called for more funding for skills and development training, but it has to be a much broader base than what is in the current budget.

Justice Thomas Berger's report on Nunavut's education system pointed out that indigenous language training is vital to developing a skilled workforce. There is no money for indigenous language training in this budget. In fact, the program was gutted by $160 million. Many of the indigenous languages across this country are in serious trouble, so it is important that we continue to support language training because it helps the health and well-being of communities.

Perhaps one of the most important elements of any community is the hope that it has for its children. Yet, this budget robs aboriginal children of this hope.

There is no funding to provide child welfare on reserves to meet provincial standards. It is $109 million short. In fact, there has been a human rights complaint filed because of that funding gap.

We continue to see a 2% gap on programs and services, a 3% gap on health care, and there are countless other ways that this budget nickels and dimes aboriginal people. There is no additional funding for friendship centres. There is not the kind of support for infrastructure that is required for water or housing.

We have seen many broken promises over the years. This budget is just a continuation of the broken promises to first nations, Métis and Inuit people in this country.

Aboriginal AffairsOral Questions

June 8th, 2007 / noon


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Conservative

Brian Storseth Conservative Westlock—St. Paul, AB

Mr. Speaker, yesterday in the aboriginal affairs committee the opposition parties continued to block Bill C-44, further preventing Canada's aboriginal people from enjoying the same human rights protections as the rest of Canadians. Even though they have run out witnesses to hear, they are trying to continue the delay by calling the same witnesses back again.

Can the Parliamentary Secretary to the Minister of Indian Affairs please tell the House why after 30 years it is time to take action on delivering human rights to aboriginal Canadians?

Business of the HouseOral Questions

June 7th, 2007 / 3 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will be continuing with the business of supply.

Tomorrow we hope to conclude third reading of Bill C-52. In answer to the question on priorities, I would point out that Bill C-52, the budget implement bill, is the number one priority of this government. We can talk about other priorities after we see an indication that it will be heading for royal assent. If we do not have it, it will result in the loss of $4.3 billion in 2006-07 year end measures which include: $1.5 billion for the Canada ecotrust for the provinces; $600 million for patient wait times guarantees; $400 million for Canada Health Infoway; $200 million for protection of endangered species; $30 million for the Great Bear rain forest; $600 million for labour market agreements for the provinces; $30 million for the Rick Hansen Foundation; $100 million in aid for Afghanistan; $100 million to Genome Canada; and so on. It is a long list of important priorities financing that will be lost if the bill is not passed by the end of this session in June. That is obviously our number one priority.

Next week will be getting things done for all of us week when we consider a number of bills that are in their final stages of the legislative process.

The following bills will be placed under Government Orders for debate: Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, which the Senate reported with amendments and which is now back before the House to receive the approval of the members, and Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments).

We are awaiting the Senate's report with amendments on Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

Bill C-33, An Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act, Bill C-42, An Act to amend the Quarantine Act and Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act, will probably be passed by the House at third reading.

Discussions have taken place with the opposition parties, and there may be consent to fast-track some or all of the following bills: Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie), Bill S-6, An Act to amend the First Nations Land Management Act and Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act.

There is also a possibility of quick passage of a new bill entitled “An act to amend the Geneva Conventions Act, an act to incorporate the Canadian Red Cross Society and the Trademarks Act”, which appears on today's notice paper.

There are a number of other bills I am still hoping we could get included in getting things done for all of us week, provided that they get reported back from committee, in particular, Bill C-6 aeronautics; Bill C-27 dangerous offenders; Bill C-32 impaired driving; and Bill C-44, the bill to grant first nations people the human rights that every other Canadian enjoys. First nations people expect the House to get things done for them as well, so I urge the aboriginal affairs committee to stop delaying Bill C-44 and report it back to the House early next week. It is a priority for this government.

Aboriginal AffairsOral Questions

June 4th, 2007 / 2:45 p.m.


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Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I am not entirely sure what the hon. member is speaking to but perhaps he could direct some of the same vigour, enthusiasm and zeal toward Bill C-44, which is currently before the aboriginal affairs committee of the House.

The operative clause of the bill is nine words long. The bill has been at the committee for 20 weeks which has allowed the committee, on average, 10 days to study each word, including complicated words such as “is” and “the”.

The member and others have had 20 weeks to study the bill. Perhaps he should get on with protecting human rights.

Aboriginal AffairsOral Questions

June 1st, 2007 / 11:50 a.m.


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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I do not understand why the Liberals will not support Bill C-44. Why do they not want aboriginal Canadians to have the same human rights that other Canadians enjoy? Shame on them. Get on the program and support the government's initiative to bring human rights to first nation Canadians.

Aboriginal AffairsOral Questions

June 1st, 2007 / 11:50 a.m.


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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, the minister has contacted Chief Phillip. We remain committed to building positive working relationships with first nations, Métis and Inuit groups, but nobody is fooled by the Red Green comedy hour across the way.

The Liberals are trying to change the channel because they say they support our troops, they say they support tough on crime legislation, and they say they support aboriginals, but they keep voting against it. Support Bill C-44 and bring human rights to aboriginals.

Business of the HouseOral Questions

May 31st, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, with regard to the last point, we have already addressed that.

However, with regard to the balance of Thursday's statement, I am pleased to respond that today and tomorrow we will continue with Bill C-55, the expanded voting opportunities bill; Bill C-14, the adoption bill; Bill C-57, An Act to amend the Immigration and Refugee Protection Act; and Bill C-45, the fisheries act.

In the last Thursday statement, we indicated that we were hoping to have this week as “enhancing the quality of the life of first nations people week” but this was cancelled by the opposition parties when they did not release Bill C-44 from committee, the bill that would give the first nations protection under the Canadian Human Rights Act. Not only is it being held up now but, as early as this morning in this House, the opposition obstructed our efforts to get the bill dealt with forthwith so that first nations people could have the human rights that every other Canadian enjoys. We know that if all parties would agree to proceed with that, as we saw when we sought unanimous consent, it could proceed, but some would prefer to obstruct it.

Next week will be welcome back from committee week, when we welcome business that has been at committee, including some that has been stalled there for some time. We will deal with Bill C-52, the budget implementation bill, which will begin report stage on Monday and, hopefully, we can get third reading wrapped up by Tuesday.

Following the budget bill, we will call for report stage and third reading of Bill C-35, bail reform. After that, we will call Bill C-23, the Criminal Code amendments. I hardly remember when Bill C-23 was sent to the committee by this House. That took place long before I was even House leader 228 days ago.

Thursday, June 7, shall be the last allotted day. There are a number of other bills that we would like to include in our welcome back from committee week. I still hope we can see Bill C-44, the amendments to the Canadian Human Rights Act, to which I just referred; Bill C-6, the amendments to the Aeronautics Act; Bill C-27 dealing with dangerous offenders; Bill C-32 dealing with impaired driving; and Bill C-33 dealing with foreign investment, if the opposition parties will release those from committee.

Standing Committee on Aboriginal Affairs and Northern DevelopmentPoints of OrderRoutine Proceedings

May 31st, 2007 / 10:45 a.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, a similar motion was moved and adopted on October 3, 2006, concerning Bill C-24, the softwood lumber bill. That motion was challenged and the Speaker ruled the motion in order. The Speaker said at that time:

In fact, the effect of the motion is not unlike the effect of adopting a motion under Standing Order 26, which provides for the continuation of debate on a matter before the House, which is to say that it provides for an open-ended extension of the sitting for purposes of continuing debate on a particular matter. This, it can be argued, can be seen as the House managing its business and arranging its proceedings.

As I read the motion moved by the hon. the government House leader and adopted by the House, every member wishing to speak to the amendment and the main motion, who has not already done so, will be able to participate. The motion does not set a deadline for completion of the proceedings, as would be the case under time allocation or closure. Instead it simply extends the sitting of the motion then before the House. That is a significant difference. The precedents available to me, including my own previous rulings, are therefore insufficient in my view for me to rule the motion out of order on this occasion.

The motion the government House leader has moved is not unlike the motion moved on October 3rd. The only difference is that it concerns a bill that is before a committee. There is no deadline dictated to the committee as a time allocation motion would propose. Members are free to sit as long as they wish to consider Bill C-44. There is no deadline for reporting the bill back, except to direct the committee to report the bill back when it finishes its consideration of Bill C-44. The motion does not presuppose that the committee is going to adopt the bill. It simply says that if the committee adopts the bill, that it ought to report it back. That is what would normally happen.

With respect to committees being masters of their own destiny, that principle does not preclude the House from giving committees some direction. Committees are subordinate to the House. In fact, the House is the sole source of direction for committees through the Standing Orders and other motions. This is covered on pages 805 to 809 of Marleau and Montpetit. In part it says:

Standing committees are permanent committees established by Standing Order. They are mandated by the House to oversee a government department or departments, to review particular areas of federal policy or to exercise procedural and administrative responsibilities related to Parliament...other matters are routinely referred to them by the House for examination: bills, Estimates, Order-in-Council appointments--

It also says that the House can give an order of reference including “--conditions that the committee must comply with in carrying out the study--”.

I submit that Standing Order 56.1 is the proper means to achieve the objectives outlined in the motion. I refer you, Mr. Speaker, to section (b) of the Standing Order which says that Standing Order 56.1 is to be used:

--for the observance of the proprieties of the House, the maintenance of its authority, the management of its business, the arrangement of its proceedings, the establishing of the powers of its committees, the correctness of its records or the fixing of its sitting days or the times of its meeting or adjournment

As with the motion that dealt with the second reading stage of Bill C-24, the motion dealing with the committee stage of Bill C-44 can be seen as the House managing its business and arranging its proceedings.

Standing Committee on Aboriginal Affairs and Northern DevelopmentPoints of OrderRoutine Proceedings

May 31st, 2007 / 10:40 a.m.


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Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, I apologize for interrupting the parliamentary secretary. I do not mean to interrupt his speech. He will have an opportunity in just a moment to continue, but this has to do with another matter that occurred in the House earlier today at the beginning of the session.

I rise on a point of order concerning the government's use of Standing Order 56.1 to dispose of the committee stage of Bill C-44. This occurred earlier today.

I would like to refer specifically to a ruling by the Speaker on September 18, 2001, in which the Speaker said the following:

The expanded use of Standing Order 56.1 since 1997 causes the Chair serious concern. The government is provided with a range of options under Standing Orders 57 and 78 for the purpose of limiting debate. Standing Order 56.1 should be used for motions of a routine nature, such as arranging the business of the House. It was not intended to be used for the disposition of a bill at various stages, certainly not for bills that fall outside the range of those already contemplated in the standing order when “urgent or extraordinary occasions” arise. Standing Order 71 provides in such cases that a bill may be dealt with at more than one stage in a single day.

Mr. Speaker, that appeared in Hansard on September 18, 2001.

Therefore, in light of this ruling that is already provided, and referenced, I might say, in Marleau and Montpetit, acknowledging that the committee stage of a bill is a stage of consideration, the government can use Standing Order 78 to limit debate at this stage or at any other stage.

As indicated by the Speaker in the quotation that I referred to, Standing Order 56.1 “was not intended to be used for the disposition of a bill at various stages”.

I would therefore, Mr. Speaker, respectfully request that you look at the motion adopted by the use of Standing Order 56.1 this morning and rule explicitly that the motion is out of order in relation to Standing Order 56.1.

I would point out, Mr. Speaker, that the aboriginal affairs committee is meeting very shortly and that is why I have raised the matter at this time. Your ruling in a timely manner would be most welcome on this issue so that the standing committee can know where it stands.

Canada-Portugal Day ActRoutine Proceedings

May 31st, 2007 / 10:05 a.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, if you were to seek it, I hope you would find unanimous consent for the following motion: That, notwithstanding any Standing Order or usual practices of the House, when the Standing Committee on Aboriginal Affairs and Northern Development convenes a meeting, it shall not be adjourned or suspended until it completes the committee stage of Bill C-44, except pursuant to a motion by a parliamentary secretary and, provided the bill is adopted by the committee, agrees to report the bill to the House within two sitting days following the completion of the committee stage.

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am fully prepared to stay here until the job is done. Of course what we are talking about with Bill C-44 is actually the repeal of section 67, which allows people to file complaints against the Indian Act. First nations on reserve already have access to the Canadian Human Rights Act. In fact, the Assembly of First Nations has filed a complaint under the Canadian Human Rights Act about the serious underfunding of 22% for child services.

I still am looking for an answer about how much money actually ends up in first nations communities and in the hands of the people who live in those communities. We have seen this over and over, and again, from the government's own documents such as the government's cost driver report, which talks about the fact that “after nine years of a 2 percent cap the time has come to fund First Nations basic services costs so that population and price growth are covered in the new and subsequent years”. The report goes on to talk about the very serious needs around improved comparability. When will the--

May 28th, 2007 / 6:30 p.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I would like to thank the member for her question because in fact this is one of the very reasons why I got involved in politics. For the first time in my life I was able to join a party that was interested in actually reforming the very system that prevents the money needed by first nations people, aboriginal people, in order to improve their lives, from reaching them.

It is our party that actually sees this system as the very barrier this member talks about. Thankfully, our government has been able to begin to chip away at a system that has suppressed first nations people for a very long time, going back over 100 years as we look back to the Indian Act, a document that was prepared from pre-Confederation documents. Of course everyone realizes it is an antiquated piece of legislation that only suppresses the very people it espouses to help. This reform is something that our government is very interested in pursuing.

Some have suggested that more money is necessary to fix these problems. I would argue that although more money may need to be invested at some point, it is actually the system itself that needs to be fixed. Before we can invest more dollars, we need to ensure that the money is actually going to make a difference in the lives of the people it is meant to help.

One of the things that we are doing as a government is bringing forward Bill C-44, an important piece of legislation. The bill actually begins to target this system and actually will extend human rights to first nations people.

Most people in Canada do not realize that the Canadian Human Rights Act does not apply on first nations reserves. This is a shameful fact about our history. Canada, one of the best countries in the world to live in, has not extended human rights to first nations people. We have an excellent record on human rights, yet we have not extended these benefits to first nations people.

Thankfully, right now our committee has the opportunity to bring forward this important and historic piece of legislation. I would sure like the member to endorse extending human rights protections to first nations people. I know the member wants to head home as soon as possible to her summer estate. That is why she has put off extending the Canadian Human Rights Act to first nations people on reserve until some time in the fall. I challenge her to change her mind and actually endorse extending human rights to first nations people.

Document for Committee ChairsPrivilege

May 28th, 2007 / 11:15 a.m.


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Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, if the hon. member for Halton wants to continue to heckle, perhaps he can add to the debate after I am done instead of just shouting out his nonsense.

The reality is that this is a similar document that all parties produce to help train their individual members. I note that this internal document, as I say, is not a government document. It is something that was produced by the Conservative Party to assist our chairs.

Since the NDP members are so concerned about this, perhaps they could reveal to us their playbook or explain their tactics when they were delaying and continue to delay Bill C-45, the Fisheries Act; or Bill C-44, the amendments to the Human Rights Act; or their earlier extensive delay in filibustering Bill C-24, the softwood lumber act. In all of those things they employed tactics to delay passage of government legislation.

What about a chapter from their playbook dealing with moving concurrence motions to obstruct government legislation from following the due process and the procedure that we have become accustomed to in passing through the chamber? Instead, they resort, almost daily, to moving concurrence motions to delay that legislation.

I have remarked that the further training of our chairs, our committee members and, indeed, all of our caucus is to ensure that we are well aware of any procedural tools that we might have as a government, recognizing that we are a minority government and that we are outnumbered, not only in the chamber but at each and every standing committee. When we are confronted, as we have been by the opposition parties, which have become increasingly obstructionist, with a lot of legislation, we need to ensure we use every possible tool at our disposal to get our legislation passed through the committees, passed through the chamber and ultimately passed through a Liberal dominated Senate to become law in order that we can keep the promises that we made to the Canadian people in the last election campaign.

I have been noting that the people of Canada did not elect a coalition government of opposition parties. They elected a minority Conservative government and we have been trying to govern as such.

It is certainly my contention that this is an internal party document and that all parties have similar types of documents. It is beyond the pale that we would start out this final week with this bogus question of privilege.

Bill C-44Points of OrderOral Questions

May 18th, 2007 / 12:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, if I said that, I misspoke. Of course the provision in the statute is as the member said, one that right now denies to first nations on reserve the protection of the Canadian Human Rights Act.

The purpose of Bill C-44 is to give them the rights that that act provides to every other Canadian. It was not under the charter. It is indeed the Canadian Human Rights Act that we are trying to restore their rights under Bill C-44.

When I was referring to the efforts by the opposition to delay that legislation over the summer, it was not with regard to the charter. It was with regard to denying first nations people the human rights code protection.

Bill C-44Points of OrderOral Questions

May 18th, 2007 / 12:10 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, yesterday in the House the government House leader was talking about Bill C-44 and he indicated that the bill was going to actually provide access to human rights under the Canadian charter of human rights.

I hope the government House leader would correct the record by indicating that Bill C-44 is actually a repeal of section 67 of the Canadian Human Rights Act.

Aboriginal AffairsOral Questions

May 18th, 2007 / 11:40 a.m.


See context

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I assure the member opposite that this government and our Minister of Indian Affairs have been in discussions with National Chief Phil Fontaine since we took office.

However, I also need to point out that unlike the previous government, which simply wanted to throw dollars at problems, we believe there is a systemic issue here, a system that needs reform. It is something that we have begun and that we are going to continue to do, such as we are doing, for instance, with Bill C-44, which the Liberal Party is not supporting. This extends human rights to first nations people on reserve. We would like to see that happen.

Business of the HouseOral Questions

May 17th, 2007 / 3:10 p.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

I would not do that.

Tomorrow is an allotted day.

Next week is constituent consultation week, when the House will be adjourned to allow members to return to their ridings and meet with constituents to share with them the activities of Parliament since the last constituency break.

For the interest of members, I will quickly review our plan for the context of our overall legislative agenda.

As he requested, this is currently strengthening the economy week, where a number of financial bills moved forward. The budget bill was sent to committee and, hopefully, it will be reported back tomorrow, or soon, so we can deal with it at third reading when the House returns after the break.

Bill C-40, an act to amend the Excise Tax Act, was read a third time and sent to the Senate. Bill C-53, an act to implement the convention on the settlement of investment disputes, Bill C-33, the sales tax bill and Bill C-47, the Olympics symbol bill were all sent to committee and we all would like to see those back in the House for report stage and third reading.

In an earlier week, Bill C-36, the bill that makes changes to the Canada pension plan and the Old Age Security Act, was made into law after receiving royal assent.

Strengthening accountability through democratic reform week was a success with the consideration of Bill C-43, Senate consultation. We had three new democratic reform bills introduced that week: Bill C-55, to expand voting opportunities; Bill C-56, an act to amend the Constitution Act, democratic representation; and Bill C-54, a bill that would bring accountability with respect to loans. We hope to continue debate on that particular bill later today.

Bill C-16, fixed dates for elections, was given royal assent and is now law, which I think is the cause of the commotion now in all the committees where Liberals are using procedural tactics. Now they feel they can do it with a free hand.

Two other democratic reform bills are in the Senate, Bill C-31, voter integrity, and Bill S-4, Senate tenure. I really would like to have the term limits bill from the Senate for an upcoming democratic reform week if the opposition House leader can persuade his colleagues in the Senate to finally deal with that bill after 352 days. We may get 352 seconds in a filibuster, but they have had 352 days so far. They have been stalling for a year.

During the consultation week, I will be interested in hearing what our constituents think of the plight of Bill S-4 and the irony of those unaccountable senators delaying it.

We dedicated a good deal of our time focusing on making our streets and communities safer by cracking down on crime. Now that we have had the help of the NDP, we restored the meaningful aspects that the Liberals gutted in committee to Bill C-10, the bill to introduce mandatory penalties for violent and gun crimes. We are continuing to debate that bill today at third reading.

Bill C-48, the bill dealing with the United Nations convention on corruption, was adopted at all stages.

Bill C-26, the bill to amend the Criminal Code with respect to interest rates, was given royal assent.

Bill C-22, the age of protection, was given final reading and sent to the Senate, although it did spend close to, if not in excess of, 200 days in committee where the Liberals were obstructing and delaying its passage.

We made progress on Bill C-27, the dangerous offenders legislation. We would like to see that back in the House.

Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) and a host of other justice bills are working their way through the system.

Members can advise their constituents that when we return, we will be reviving two themes, back by popular demand. Beginning May 28, we will begin again with strengthening accountability through democratic reform with: Bill C-54, political loans; Bill C-55, additional opportunities for voting; and Bill C-56, democratic representation.

Up next is a second go-round on strengthening the economy week with Bill C-52, the budget implementation bill, which will be called as soon as it is reported back from committee.

In the near future, we will have the improvement of aboriginal people quality of life week with Bill C-44. This bill will grant first nations residing on Indian reserves access to the Canadian charter of human rights. They have been denied this right for 30 years. Unfortunately, Bill C-44 is being delayed by the opposition. This is another bill being delayed by the opposition in committee.

After Bill C-44, I intend to debate Bill C-51. The agreement establishes the use and ownership of land and resources and will foster economic development. This bill illustrates Canada's commitment to the North and to settling land claims.

I wish all members a productive constituent consultation week and look forward to more progress on the government's legislative agenda when the House returns on May 28.

Canadian Heritage--Main Estimates, 2007-08Business of SupplyGovernment Orders

May 16th, 2007 / 9 p.m.


See context

Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Chair, at a recent Status of Women committee meeting, Ellen Gabriel, president of the Quebec Native Women's Association said:

The value of aboriginal women in our society today has diminished to where, as Amnesty International has stated, we have become a commodity in society in general.

Aboriginal women have told members on this side that they have felt used by the Minister of Indian Affairs and that the implementation of Bill C-44 as is and as presented will create more problems for them.

Why has the minister not spoken up on behalf of the status of aboriginal women to her colleagues?

Aboriginal AffairsOral Questions

May 16th, 2007 / 2:55 p.m.


See context

Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I appreciate the hon. member's question. We have already said that we must protect the interests of aboriginals, youth and women. However, here is the real question. Why does the Bloc Québécois refuse to support Bill C-44?

Official LanguagesOral Questions

May 16th, 2007 / 2:20 p.m.


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Calgary Southwest Alberta

Conservative

Stephen Harper ConservativePrime Minister

Mr. Speaker, this government certainly has nothing to learn from the Liberal Party in the area of rights.

This is the government that dealt with the issue of the Chinese head tax, which the previous government refused to do. This is the government that is trying to get matrimonial property rights for aboriginal women. This is the government that is trying to toughen up laws to protect women and children in Canada.

We have an important bill before the House, Bill C-44, to give aboriginal people, under the Canadian human rights code, equal status for the first time. The Liberal Party should stop blocking it and support it.

Aboriginal AffairsOral Questions

May 15th, 2007 / 2:50 p.m.


See context

Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, who is the golf player?

Aboriginal people and women feel used by the minister. Over and over again we have heard about the lack of consultation on Bill C-44, but the government has yet to apologize to the victims of residential schools.

It is a double standard. The government is willing to consult and wait five years to apologize, yet it will enact new legislation without a shred of consultation.

That father knows best approach simply does not work. Why did the government not consult with first nations before enacting this legislation?

Aboriginal AffairsOral Questions

May 15th, 2007 / 2:50 p.m.


See context

Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, the Liberals will have to make their decision. They will have to decide if they will go back to their tennis clubs and golf clubs for the summer or if they will get Bill C-44 back to the House, so that first nations citizens will no longer be second class citizens in Canada without the protection of a human rights code.

For 13 years the Liberals did nothing about this. It has been 30 years in this country, which is long enough. That is enough consultation. The government intends to act with or without them.

Aboriginal AffairsOral Questions

May 15th, 2007 / 2:50 p.m.


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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, the Assembly of First Nations has serious concerns with the limited scope of Bill C-44.

The Ontario chiefs feel the repeal of section 67 of the Canadian Human Rights Act is like throwing a grenade into collective rights. The Canadian Bar Association said the repeal has the potential to undermine the protection of collective rights.

We have to get it right. Why does the minister feel he knows best when it comes to aboriginal peoples, when they themselves do not agree with the government's position?

Aboriginal AffairsOral Questions

May 14th, 2007 / 2:55 p.m.


See context

Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, the Senate is not the only place where the opposition is denying justice to Canadians.

The operative clause of Bill C-44 is only nine words long but the House of Commons standing committee has been studying these nine words for 14 weeks and the opposition MPs have now decided to continue their searching analysis into October.

Therefore, first nations Canadians, who have been deprived of human rights in this country for 30 years, will remain so for another summer while the opposition members retire to their golf clubs and tennis clubs.

Aboriginal AffairsOral Questions

May 14th, 2007 / 2:55 p.m.


See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, our government is proudly moving forward with human rights protection for first nations citizens through Bill C-44, An Act to amend the Canadian Human Rights Act. However, while the government is looking to rectify this long-standing inequity, the opposition parties continue to dither and delay.

How much longer do first nations citizens need to live without the protections that are taken for granted by all other Canadians?

Could the Minister of Indian Affairs please highlight the importance of the bill now before the committee?

Aboriginal AffairsOral Questions

May 11th, 2007 / 11:50 a.m.


See context

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I find it interesting that the member from the Liberal Party is interested in matrimonial property. Of course we as a government want to pursue that matter very vigorously. That is why we brought forward Bill C-44.

Some people in Canada might not realize this, but in fact the Canadian Human Rights Act does not apply to first nations people on reserve. It is a shameful situation that has been left with us by the Liberal government.

The Liberals, with all the other opposition parties, have just chosen to put off extending human rights to first nations people until after the summer. They want to go back to their cottages and their country clubs first and maybe think about it a little further.

We are ready to act. We are ready to bring human rights to first nations people.

AfghanistanOral Questions

May 11th, 2007 / 11:25 a.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, the facts related by the member from British Columbia are not accurate in any way, shape or form. The NDP's concept of a delay and filibuster is a meeting where there is a vote taken and decisions are made. I do not understand that at all. It is certainly, as I said, different from the way the opposition conducts itself in delaying legislation.

In fact, when we talk about that, I could ask the member from the NDP why it is that it supports the notion of not dealing with Bill C-44 that is going to give human rights to first nations people and give them the protection of the Canadian Human Rights Act. Why does her party support the concept of that not being dealt with at committee and delaying that over the summer?

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, clearly the member is very ashamed. For 13 years, her party had the opportunity to remedy so many of the issues about which she is talking. At the last moment of their dying regime, the Liberals brought forward their press release on Kelowna. Of course it was not something on which they could deliver. Of course it was something that they never intended to deliver. They made so many promises before that and they always broke them.

We are moving forward. We are making systemic changes, changes that will bring important new rights to aboriginal people. Specifically, I talk about Bill C-44. It would be nice if the member would perhaps bring her party to support human rights on reserve. Instead, she is exiting the House, afraid.

Tina Keeper Liberal Churchill, MB

Mr. Speaker, I am so glad that the parliamentary secretary mentioned the $65 million commitment that the past Liberal government made to aboriginal youth suicide. Indeed, on the issue of suicide, if we look at international studies, the single most key factor in terms of health and well-being for any people is self-determination.

Self-determination is the key. As the government moves forward, it has refused to work in a conciliatory fashion. This was reflected in the Kelowna accord, which it has absolutely dismissed, and also reflected in the past government's commitment to first nations in the first nations-federal Crown political accord. Recognition and implementation of first nations governance is the key.

In fact, when we speak about matrimonial real property, there is no consultation. First nations women have voiced emphatically that they are against this. Bill C-44 does not include consultation. We know there is a duty to consult.

Regarding the $6 million family violence strategy that he talks about, I would like to say that I have one shelter for first nation women in my riding which has not received one phone call, not one response regarding this money. It receives about 27% of the funding that the provincial program would receive, so--

May 8th, 2007 / 6:40 p.m.


See context

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I find it remarkable, coming from the hon. member opposite, to hear her speak about the current government's ways and means for dealing with first nations people when really, truly, she knows that we inherited the shameful situation from the party that she represents.

I have to speak proudly of our record on aboriginal affairs. We are very much committed to moving forward where her party did not.

As recently as April 27, the Minister of Indian Affairs and Northern Development announced a new partnership approach involving the province of Alberta and Alberta first nations, with the implementation of the Alberta response model.

This approach will explore healthier alternatives such as enhanced prevention services to addressing child and family services in first nation communities in Alberta, children holding such tremendous potential for the future of first nations communities. It is essential that we continue to work together to ensure that children enjoy a safe, secure home environment.

On the national stage, we are working with first nations organizations, first nations child and family services agencies, and provincial and territorial leaders to design the first nations child and family services program.

Furthermore, last fall we provided an additional $6 million to the family violence protection program to help ensure that the network of shelters, primarily for women and children who are trying to escape family violence, are better equipped to serve women and children on reserve.

Among our various initiatives on childhood well-being, Canada's new government has committed $65 million to the aboriginal youth suicide prevention strategy.

In the area of first nation education, we have made major progress. In December of last year, this House passed historic legislation, at the centre of which is the agreement signed in July 2006 by Canada, the province of British Columbia and the first nations education steering committee.

This agreement is truly groundbreaking, since it will not only create better learning opportunities for first nations students in British Columbia, but will also offer a model for improvements to first nation education in other provinces.

We know that education is the foundation for social and economic progress. It is in this area that first nations communities and new investments can truly make a real difference. We recently announced the investment of more than $50 million in school infrastructure projects in first nation communities across Canada.

There are some initiatives and systemic reforms that directly benefit first nations children, but this government recognizes that children are also affected in one way or another by the pressures that are facing their families and their communities.

It is for this reason Canada's new government recognizes that the need to act on wider issues can have a real impact on day to day life, so we have taken action to advance legislative solutions to two important issues: discrimination permitted under section 67 of the Canadian Human Rights Act and on reserve matrimonial real property, or MRP.

Bill C-44, introduced last December, proposes to repeal section 67. The Minister of Indian Affairs and Northern Development intends to bring forward legislation to resolve the difficult question of matrimonial real property.

Where the Liberals delayed and dithered, making empty promise after empty promise, there can be no question that this government is acting vigorously and in partnership with first nations, Inuit and Métis to build a better today and a brighter tomorrow for aboriginal children in Canada.

Aboriginal AffairsOral Questions

May 4th, 2007 / 11:45 a.m.


See context

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, just last week the Minister of Indian Affairs made an important announcement in Alberta. It actually was about the Alberta model for child and family services, which looks into bringing about measures that go right to the heart of the problem in terms of prevention. It is a method that has been proven time and time again.

I would like to ask the member if perhaps she could get behind our efforts to actually bring human rights to first nations people on reserve through our Bill C-44.

Opposition Motion--Indian Residential SchoolsBusiness of SupplyGovernment Orders

May 1st, 2007 / 4:45 p.m.


See context

Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I would like to ask the member a few questions but perhaps I will talk a bit about the comment the member for Etobicoke North made a little earlier in his speech.

In reference to various international bodies, he said that in his opinion the international community was not looking at Canada in a good light in relation to aboriginal matters.

I am not sure if the member is aware of what is currently going on at the aboriginal affairs committee but we have brought forward Bill C-44, which would bring about the repeal of section 67 of the Canadian Human Rights Act. It would exempt first nations from falling under the Canadian Human Rights Act.

If the member could tell his committee members from the Liberal Party to get with the program and support human rights on reserve, perhaps the international view on Canada might be improved.

The member and members of his party continue to reference that somehow our government has held up this settlement agreement. Could he explain to me what holding up is defined as according to him because this is one of the very first things that we did as a government? If he could define that it would be appreciated.

Opposition Motion--Indian Residential SchoolsBusiness of SupplyGovernment Orders

May 1st, 2007 / 3:55 p.m.


See context

Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, I will be sharing my time with the member for Nanaimo—Alberni.

I am pleased to have the opportunity to speak to the motion put forward by the hon. member for Desnethé—Missinippi—Churchill River.

I will begin today by saying that the government agrees with the member opposite. We must address the sad legacy of Indian residential schools. We have stated this on many occasions already.

That is precisely why we are working toward the implementation of the settlement agreement that includes elements, such as a truth and reconciliation commission, a common experience payment, an independent assessment process, commemoration and funding for the Aboriginal Healing Foundation.

The Indian Residential Schools Settlement Agreement, which received final court approval on March 21, 2007, will bring resolution to this sad chapter of our history. This historic agreement will foster reconciliation between aboriginal people who resided at these schools, their families, their communities and all Canadians.

This agreement is a crucial milestone. We cannot move forward without addressing the past and it is crucial that we move forward. We need to take positive, concrete action to address the challenges that confront so many aboriginal people and communities in this country.

We are committed to making consistent progress in the areas that have the greatest impact on improving the quality of life of first nations people. It is particularly important that we place a special emphasis on improving the lives of children. As the chair of the Standing Committee on Aboriginal Affairs, this is an issue that is close to my heart.

For example, on April 27 in Calgary, Alberta, the Minister of Indian Affairs and Northern Development was pleased to announce a new partnership with the province of Alberta and the Alberta first nations that will see significant improvements in child and family services for first nations in Alberta.

Based on the Alberta response model, this new approach to child welfare in first nations communities will provide families living on reserve with better access to community resources to help them before a crisis occurs.

The Alberta response model stresses prevention by intervening early and making community resources available to families in difficulty. When children need to be removed, we must ensure they are placed in a safe, nurturing environment, in permanent homes, preferably with family members in their own communities.

This approach sets a high standard because it is based on ensuring stability and permanency for the child . It also has been recognized as an innovative approach to delivering child welfare services to first nations children. The Alberta response model has already proven successful with the number of children in care having decreased by 22% since its introduction in 2004.

In addition to delivering better results for first nations children in Alberta, this partnership serves as a model for other provinces and first nations agencies. Our government looks forward to having exploratory discussions with provinces, territories and first nations organizations that are seeking to introduce enhanced early prevention programs to their child and family services on reserve.

Children are the future, in first nations communities as in everywhere else in society. We have a moral duty to protect them and to work together to ensure they enjoy a safe, secure home environment.

However, we also recognize that support and services must be there when women and children are obliged to leave that environment.

Last fall, this government provided an additional $6 million to the family violence prevention program to help ensure that the network of shelters, primarily for women and children who are trying to escape family violence, are better equipped to serve women and children on reserve.

Among our various initiatives on childhood health and well-being, Canada's new government has committed $65 million to the aboriginal youth suicide prevention strategy.

In the area of first nations education, we have made major progress. In December of last year, this House passed historic legislation, at the centre of which was the agreement signed in July 2006 by Canada, the province of British Columbia and the First Nations Education Steering Committee. This agreement is truly groundbreaking, since it will not only create better learning opportunities for first nations students in British Columbia but also offer a model for improvements to first nations education in other provinces.

Because we know that education is one of the foundations for social and economic success and is an area in first nations communities where new investments can truly make a difference, we recently announced the investment of more than $50 million in school infrastructure projects in first nations communities across the country.

Those are some of the initiatives and systematic reforms that directly benefit first nations children. However, this government recognizes that children are also affected in one way or another by the pressures that face their families and communities. For this reason, Canada's new government recognizes the need to act on the wider issues that have a real impact on the day to day lives of aboriginals.

Therefore, we have taken action to advance legislative solutions to two important issues: discrimination permitted under section 67 of the Canadian Human Rights Act, and on reserve matrimonial real property. Bill C-44, introduced last December, proposes to repeal section 67 which currently prevents first nations citizens from bringing forward a human rights complaint. We believe that aboriginal citizens are entitled to the same access to rights protection as every other Canadian citizen.

This government also strongly believes that aboriginal women should have access to the same rights as every other woman in Canada when a relationship breaks down. That is why the Minister of Indian Affairs and Northern Development completed a consultation process and intends to bring forward legislation to resolve the difficult question of matrimonial real property this spring.

There can be no question that this government is acting vigorously and in partnership with first nations, Inuit and Métis to build a more hopeful future for aboriginal children across the country.

Through the Indian Residential Schools Settlement Agreement, we have come to terms with the past and, through our initiatives to further the interests and well-being of aboriginal women and children, we are looking to the future, a brighter and more positive future for the first nations, Inuit and Métis peoples of Canada.

Opposition Motion--Indian Residential SchoolsBusiness of SupplyGovernment Orders

May 1st, 2007 / 1:25 p.m.


See context

Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, today I would like to begin with a story, but first I want to talk about what happened in the 1960s.

In 1960, I was living in Amos, where I am from. It is a small municipality that, at the time, was the regional centre for education. In Abitibi—Témiscamingue, Amos was where students went to learn the liberal professions. They were going to be lawyers, priests, notaries and so on.

Not far from Amos was the little town of Saint-Marc-de-Figuery. Around the 1950s—I am not sure of the exact date—the federal government decided to build what we called the Indian residential school there, on the edge of a lake.

We here are all young. We can remember when, in the late 1950s and early 1960s, we played with the Indian children, and that was okay. Near Amos there was an Algonquin village called Pikogan. We wondered why the Indian children were taken to the residential school in Saint-Marc-de-Figuery instead of to Pikogan, close to Amos, which also had schools. We did not know. I did not know.

But not knowing is no excuse for not acknowledging today what happened at that little residential school. This is what happened there.

At the residential school in Saint-Marc-de-Figuery, the students were Indians. They were called that. They were even called redskins. They were taken from Obidjuan, an aboriginal village closer to Lac-Saint-Jean. At the time, the Grand Trunk railway connected Cochrane, Ontario, to Quebec City and Montreal. The railway passed through the Gouin reservoir, where the Algonquin people fished and hunted.

What happened in the 1950s and the 1960s? At the end of the summer, someone from the Department of Indian Affairs would travel by train, arrive in the villages, collect the Indian children and take them to the Indian residential school in Saint-Marc-de-Figuery.

They even collected the Indian children from Pikogan, an Algonquin village five kilometres from Amos, and took them to the residential school so that all the Indians would be cared for and educated at the same place and in the same way.

What happened to the Indian children when they were taken to the residential school in Saint-Marc-de-Figuery? I can attest to that, because I saw it. We were young. At that time, in the 1960s, I was in scouts. We would go to the residential school to see the Indians and talk to them about scouts. When we arrived we saw that they were all Indian children. They all had black hair and it was short. The first thing that happened when they arrived at the residential school in Saint-Marc-de-Figuery was that their hair was cut off, under the pretext that they had lice.

Their heads were completely shaven and kept that way for the entire school year. These children were taken to the residential school in Saint-Marc-de-Figuery in August or September and they stayed there until the end of the school year. That was where they were educated.

Here is what used to be done. First their hair was cut. Then their traditional clothing was taken away—because the authorities at the time felt this needed to be done—and they were given white man's clothing. What else happened? They were prohibited from speaking Algonquin. I am talking about the residential school that I knew, the one in Saint-Marc-de-Figuery, near Amos. Their Indian clothing was taken away and they were formally prohibited from speaking Indian, as it was called at the time. They had to speak French. All the classes were in French. They were taken away at age five or six from the Obidjuan community or whichever community they were from along the railway line. There were Indians in Senneterre, Amos and all over. The Algonquin were taken to these residential schools to be educated. Their hair was cut, they were prohibited from speaking their language and, most of all, they were prohibited from thinking like Indians. From the age of five they had to think like white people because apparently we were intellectually superior and we, the whites, had to educate them.

I hope the picture I have just evoked here in this House—a picture that is true—will call to mind certain events that happened in Europe just a few decades ago. I would not go so far as to use the word “genocide”. I will not use that word, although I could not be blamed for thinking it. In fact, the Kistabish, the Mohawks, the McDougalls I now know have all lost their language and their culture. They were subjected to things that I will not describe here in this House, horrible things, such as rapping their knuckles because they ate with their fingers.

When they were in their communities for the entire summer with their parents and elders, they learned to hunt and fish. They learned how to gut a fish, how to trap a rabbit, hare, deer or moose, or how to feed wolves, because they learned from the wolves where to find the deer. Yet, they lost all of this as soon as they went to the residential school.

I am sure you can imagine what happened. The children were five, six, seven or eight years old, and we know this happened every year. What happened? Horrible things happened in that Indian residential school. Here in this House, I will not talk about the sexual assaults endured by the Kistabish, the Mohawks, and the McDougalls, and I could name others. They went through some tremendous difficulties, which they hid for the most part. They could not talk about it to their parents.

What did Jackie Kistabish say when she returned to Pikogan? She said everything was fine, that it was not so bad. Her mother and grandmother were surprised to see Jackie or my friend Kistabish come home with their hair cut up to their ears. That was not the aboriginal way. At that time, they typically had long hair, although the children lost their hair in September. Their hair was cut off or shaved. When they returned home in June, they did not even understand their parents and, worse, their parents did not understand them. That is the worst of everything that was done.

I am talking about children of five or six, but this went on for about 10 years, until they were 15 or 16. They lost their whole culture, say the Anishnabe Algonquins from Pikogan and Winneway and Lac-Simon and Obidjuan.

I could name them all, and I will tell you why. I grew up to become a criminal lawyer. It is strange, but my clients included the Kistabish, McDougalls, Mohawks and many others. They wound up in court, and no one could understand why they had become alcoholic and violent. They could not go back to their home communities, places like Pikogan, Obidjuan or Pointe-Bleue.

Some time ago, I asked a question of the Standing Committee on Justice and Human Rights. I received the answer today. These are recent statistics. In 2001-02, 738 aboriginal people were admitted to penitentiary to serve sentences of more than two years; in 2002-03, there were 775; in 2003-04, 752; in 2004-05, 802; in 2005-06, 891. These individuals are generally in their thirties and are serving their first sentence. Why? Maybe because they were unable to live in their home communities. Imagine their parents. We are talking about the 1950s and 1960s. These people were deprived of their rights and their culture. They were no longer able to communicate with their own parents because they were forbidden from speaking their own language.

Since 1876, 150,000 aboriginals have experienced what I just described and suffered the hell that was residential schools. Today, there are just 87,000 survivors of these residential schools. Unfortunately, they are disappearing at an average of 30 to 50 a week. Today these people are 70 to 75 years old. Some, but very few, are slightly younger at ages 55 to 60. Most of them are between 65 and 85 and they remember.

I have had the opportunity to meet with a number of these seniors—because they are seniors now—and they congratulate this House for taking provisions to resolve the residential schools issue by financially compensating the communities, and more specifically the aboriginals who experienced this hell. However, I think we need to go further. I am making an appeal in this House today. I am asking that we stop thinking in terms of political parties. Indeed, I am from the Bloc and yes, there are Liberals, our friends the New Democrats and the Conservatives. However, in light of this terrible experience aboriginals had, I think we could pass the motion today.

The motion of the Liberal member for Desnethé—Missinippi—Churchill River asks that this House apologize to the survivors of Indian residential schools for the trauma they suffered as a result of policies intended to assimilate first nations, and so forth.

In my speech, I do not want to blame the government for its inaction nor blame the previous government, which may have done nothing for 13 years; that is not what we are debating. Today, the issue is that the first nations experienced horrible things on our soil. We must not only recognize that fact and compensate them for it, but I believe we should also apologize. We did not know. We did not think this was going on. We never believed that this could have gone so far.

Unfortunately this went as far as complete assimilation of a people and as far as offensive sexual assault against children between the ages of 5 and 10. One of them told me that at the Indian residential school he saw a young boy—whom I will not name, but whom I know personally—leave the brother superior's room bleeding from a place that decency prevents me from naming in this House. But we are old enough to understand that what he experienced was appalling. This went on night after night for days and months.

How do we think these people survived for all these years? For they are people, despite the fact that for many years, right into the 1950s, some believed that Indians were not people.

Enough is enough. The Bloc Québécois and I think that the House should say enough is enough.

Apologizing will not erase what happened, nor will it make these communities forget what they went through. Suicide rates are high. One man told me that his father committed suicide and that he did not understand why until his mother told him what his father had told her—until his mother told him that his father had gone to the Saint-Marc-de-Figuery Indian residential school.

This kind of thing happened all over Canada. We have to acknowledge it, and I believe the day will come when Canada will admit that it made a mistake. Canada must apologize for what it did to the first nations, and I think the time to do so is now.

I think that with all due respect, the first nations now have everything they need to take charge of their future and to grow. The Standing Committee on Aboriginal Affairs, of which I am a member, is studying bills, such as Bill C-44. It is not perfect, but are working to improve it.

We acknowledge the rights they have won. They had to fight the government for their rights.

I will end by saying that overall, the report submitted to the committee was based on recognizing aboriginal peoples as self-governing nations that occupy a special place in Canada. However, before we can truly acknowledge that, the House must apologize sincerely to residential school survivors for the trauma they experienced.

Opposition Motion--Indian Residential SchoolsBusiness of SupplyGovernment Orders

May 1st, 2007 / 1:20 p.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I listened with interest to the previous speaker's comments. One of the statements he made is that this government has shown a blatant disregard for aboriginal people. I find that ironic coming from a member of the Liberal government that was in power for 13 years and could have addressed many of these issues.

I want the member to know that I requested to serve on the aboriginal affairs committee out of a desire to see improvement in the lives of all of our aboriginal peoples. How can the member indicate that we have a blatant disregard for aboriginal people considering the number of initiatives that the minister has already implemented?

There is the home ownership concept where aboriginal people will begin to build their own equity and have a sense of pride in ownership and investment, and the initiative to reduce the number of high risk communities. Recently, we received a report that showed that the number of high risk contaminated water communities has been reduced from 197 to 93 in the space of one year. There is the initiative to implement Bill C-44 which will end 30 years of discrimination on reserve.

There are these and many others I could outline indicating our support for aboriginal peoples. How can the member honestly say to the Canadian people that this government has shown a blatant disregard for aboriginal peoples?

Opposition Motion--Indian Residential SchoolsBusiness of SupplyGovernment Orders

May 1st, 2007 / 12:35 p.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I rise today to speak in support of the motion of the hon. member for Desnethé—Missinippi—Churchill River.

Mr. Speaker, I will be splitting my time with the hon. member for Peace River.

Under the watch of Canada's new government, the Indian residential schools settlement agreement received its final court approval on March 21. This historic agreement will foster reconciliation between aboriginal people who resided at these schools, their families and communities, and all Canadians.

It was the current Minister of Indian Affairs who challenged the former Liberal government to take real action on achieving resolution to this sad chapter in Canadian history. It is that minister who has shepherded the agreement to where it is now.

I believe that it is most important at this time to take all the steps necessary to ensure that the agreement is implemented as soon as possible so that former students and their families who decide to remain in their settlement may benefit from it. That is why we are working hard toward the implementation of the settlement agreement, which includes elements such as the truth and reconciliation commission, a common experience payment, and funding for the Aboriginal Healing Foundation.

While I agree that this specific initiative requires immediate and sustained attention, I also believe it is essential to look beyond this one issue to the wider array of challenges that face all aboriginal people and communities in Canada. I can point with pride to the significant progress that Canada's new government has made in working in partnership with aboriginal groups and it is making progress in these areas to address a number of challenges.

For instance, let me discuss Bill C-44, an act to repeal section 67 of the Canadian Human Rights Act. The bill was introduced in the House on December 13 last year and is currently being considered by the Standing Committee on Aboriginal Affairs and Northern Development, of which I am very honoured to be a member. Bill C-44 would end an exemption included in the original legislation when it was put into force 30 years ago, a measure designed to be temporary. Here we are 30 years later and this temporary measure remains in place. This needs to change.

In order to investigate and adjudicate alleged acts of discrimination, the Canadian Human Rights Act established two bodies: the Canadian Human Rights Commission and the Canadian Human Rights Tribunal. Over the past three decades the Canadian Human Rights Act has served to strengthen democracy in this country. Unfortunately, not all Canadians enjoy access to the legal instruments provided by the Canadian Human Rights Act.

Section 67 of the Canadian Human Rights Act states:

Nothing in this Act affects any provision of the Indian Act or any provision made under or pursuant to that Act.

This simple sentence effectively denies some Canadians access to the remedies granted in the Canadian Human Rights Act. Section 67 shields the Indian Act and any decisions made or actions taken under the Indian Act from the application of the Canadian Human Rights Act.

Under section 67, potentially discriminatory decisions made by agencies mandated by the Indian Act, such as band councils, school boards, as well as the federal government itself are exempted from the Canadian Human Rights Act. These decisions often touch on crucial aspects of day to day life, such as education, housing, registration, and the use and occupation of reserve lands. In effect, section 67 puts into question our claim to be a fair and egalitarian society.

As a consequence of this exemption, individuals, mostly residents of first nation communities, have had limited recourse under the Canadian Human Rights Act should they feel that their rights have been violated. This fundamental injustice is a blemish on Canada's democracy. Section 67 clearly permits discrimination against particular groups of citizens.

The exemption creates an odd irony of sorts. Legislation designed to promote equality effectively sanctions discrimination. Under section 67, thousands of Canadians cannot fully avail themselves of the legal instruments that combat discrimination. What is particularly unsettling is that section 67 affects many of Canada's most vulnerable citizens, the residents of first nation communities.

Support for the repeal of section 67 comes from a wide variety of groups, including the Standing Committee on Aboriginal Affairs and Northern Development, which called for the repeal of section 67 in its 2005 report on matrimonial real property on reserves, “Walking Arm-In-Arm to Resolve the Issue of On-Reserve Matrimonial Real Property”.

Support for the committee's position on the matter at that time was based largely on the testimony of representatives of several key groups, including the Native Women's Association of Canada. Over the years, calls for the repeal of section 67 have come from several other groups, including the Assembly of First Nations, the Congress of Aboriginal Peoples and the Canadian Human Rights Commission.

It is a simple issue of human rights. Canada must not perpetuate the discrimination inherent in section 67, and nothing will change unless action is taken. The time has come to ensure that all Canadians are treated equally before the law. Bill C-44 proposes a fair, realistic approach to ending nearly three decades of sanctioned discrimination. We must seize the opportunity before us and ensure access to full human rights, ensuring that those rights are provided to all.

Now is the time to act and to end the injustice that was created as a so-called temporary measure 30 years ago. The repeal of section 67 is just one of many examples of Canada's new government's commitment to resolving the challenges that face aboriginal people in Canada and to improving the quality of life in aboriginal communities.

The member for Desnethé—Missinippi—Churchill River has touched on a subject of equal importance today: the fair and expedient implementation of the Indian Residential Schools Settlement Agreement. It is through this agreement that the healing and reconciliation needed will in fact be fostered.

As I stand in support of the member's motion, I urge his party to stand up for the rights of all aboriginal Canadians and support human rights on reserve. I urge the party opposite to support Bill C-44. Aboriginal Canadians are counting on us to do the right thing. They have waited for far too long to have this injustice corrected. It is time to act.

We have a choice. We can delay and study and then further delay, but 30 years have passed. Recently the Congress of Aboriginal Peoples appeared before the Standing Committee on Aboriginal Affairs and Northern Development and stated its absolute and unequivocal support for the repeal of section 67 of the Canadian Human Rights Act. It went on to say:

The fact that the Indian Act has substantially escaped human rights scrutiny for three decades is unacceptable in a country that is otherwise held up throughout the world as an example of successful and prosperous democracy.

Therefore, while I agree with the motion before us today, we cannot afford to hide behind more words. Now is the time for meaningful action, and our minister has shown over and over that we are getting things done for aboriginal Canadians.

Aboriginal AffairsOral Questions

April 27th, 2007 / 11:45 a.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, of course our government is very concerned about the state of aboriginal children in Canada. That is why we continue to make very large investments, both in the previous budget and in the current one.

I would like to point out the fact that unfortunately the Liberal Party of Canada is slowing down the process on an important bill that we have brought forward, Bill C-44, which actually brings human rights to people on reserve. This is something that has been neglected for so many years.

We want the Liberals to pass this bill. We would very much like to see this happen. Hopefully the member opposite can speak to the Liberal position on that bill.

Aboriginal AffairsStatements By Members

April 17th, 2007 / 2:10 p.m.


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Conservative

Rod Bruinooge Conservative Winnipeg South, MB

Mr. Speaker, on this the 25th anniversary of the creation of the Canadian Charter of Rights and Freedoms, I am very happy to note this government's significant progress on human rights issues, particularly the rights of aboriginal people.

For instance, we have introduced Bill C-44, An Act to repeal section 67 of the Canadian Human Rights Act. Bill C-44 proposes a fair, realistic approach to ending nearly 30 years of discrimination that, in many cases, prevented aboriginal people living and working on reserves from filing complaints under the Canadian Human Rights Act.

I also want to talk about the progress we are making on the difficult question of matrimonial real property on reserve. This issue is a serious injustice that often creates suffering for first nations women and children.

Under the guidance of Ms. Wendy Grant-John, a consultative process to identify a legislation solution was undertaken last fall. This process has been completed and Ms. Grant-John's report will be available shortly.

I am very proud of these initiatives and we intend to continue working to ensure that the human rights of all Canadians are respected.

Human RightsStatements By Members

April 17th, 2007 / 2:05 p.m.


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Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, human rights are the foundation of Canadian values. Some Canadians believe that Canada defined human rights, but quite the contrary, human rights define Canada.

People from all over the world came to Canada to escape political oppression, religious discrimination and the lack of opportunity in their homelands. These settlers of our country defined our rights and values, how our society should be structured with law and order and the freedom for all citizens to pursue their individual enterprise.

Sadly, the people who met these settlers, the first peoples of this land, were not extended the same freedoms of this new Canada. The Indian Act discriminated against the first peoples of this land. The new Canada tried to change the culture and language of these first peoples.

Our government, led by our Minister of Indian Affairs and Northern Development, has tabled Bill C-44 which would amend section 67 of the Canadian Human Rights Act and once and for all avail the same rights to Canada's aboriginal people that non-aboriginal people have enjoyed since Confederation.

I ask all members to support the bill to remedy this injustice to aboriginal people.

Aboriginal AffairsOral Questions

March 23rd, 2007 / 11:45 a.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, section 67 was intended to be a temporary measure when it was introduced 30 years ago. Thirty years is far too long to live without human rights. I am proud that the Minister of Indian Affairs is moving swiftly to rectify the situation through Bill C-44, which would ensure that first nations citizens have equal access to human rights protections.

However, apparently the Liberals feel that 30 years without this protection has not been long enough.

I hope that when the time comes the members opposite support the rights of first nations people and vote in favour of Bill C-44.

Aboriginal AffairsOral Questions

March 21st, 2007 / 2:45 p.m.


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Calgary Centre-North Alberta

Conservative

Jim Prentice ConservativeMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, I am not mixing anything.

The hon. member stands opposed to matrimonial property rights for first nations women. She stands opposed to Bill C-44 to provide first nations women with human rights protection for the first time in Canadian history. She does not support the $300 million on reserve private housing initiative. She does not support what is in the budget for specific claims.

It is just more Liberal rhetoric and empty promises. She does not stand in favour of aboriginal people in this country at all.

Kelowna Accord Implementation ActPrivate Members' Business

March 20th, 2007 / 6:15 p.m.


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Conservative

Colin Mayes Conservative Okanagan—Shuswap, BC

Mr. Speaker, I welcome the opportunity to speak at third reading of Bill C-292, the Kelowna accord implementation act.

The so-called Kelowna accord is the product of a meeting held more than a year ago of the former prime minister, the provincial and territorial premiers and several national aboriginal leaders.

The actual document that is represented as the accord, what the right hon. member for LaSalle—Émard purports to be a binding commitment of the Government of Canada, is in fact a news release presented by the government of the day at the close of the meeting. The release lists several proposed investments that total more than $5 billion over a period of five years.

Although the former government says that it meant this to be a statement of the amount of money it wished to spend, there was no consensus among participants regarding how the money was to be disbursed. There was no detailed plan on how the government would allocate this new funding and how it would ensure that these resources would be spent wisely and produce measurable results.

Indeed, the provincial and territorial premiers and national aboriginal leaders who attended the Kelowna meeting clearly indicated in subsequent statements that considerably more work was needed to develop specific policies, programs and implementation plans.

The challenges that face aboriginal peoples in our country are simply too daunting to be overcome through unfocused, unaccountable spending. A more considered approach is required if we hope to improve socio-economic conditions and to ensure that aboriginal peoples have a standard of living comparable to that of other Canadians.

Canada's new government has developed and begun to implement precisely this type of approach. It is based on practical solutions, targeted expenditures, clear roles and responsibilities, measurable results and accountability, all fundamental elements of prudent, effective administration.

In the short time this government has been in office, our pragmatic, results based approach has generated tangible results for aboriginal peoples. In fact, the number of achievements is too vast for me to recount in the time that is available to me this evening.

Instead, to illustrate the success of our approach, let me use the last time that the House debated Bill C-292, on October 18, 2006, as a reference point. Let me share with the House just a few examples since that date of how this government has taken concrete steps to begin to improve the quality of life of aboriginal peoples in Canada.

On October 20, Bearspaw First Nation in Alberta opened a state of the art water treatment plant. This achievement stems directly from the plan of action to ensure safe water supplies for first nation communities announced by the Minister of Indian Affairs and Northern Development last March.

As the House is no doubt aware, soon after this government came into office we learned that more than 200 first nations communities had drinking water systems that were classified as high risk or worse. To address this crisis, Canada's new government devoted some $450 million to address issues affecting quality of life, including safe drinking water.

In addition to this vital budgetary measure, the minister and the Assembly of First Nations appointed a three member expert panel to provide legislative options for safe drinking water in first nations communities.

On December 7, the minister tabled in the House the expert panel's findings and recommendations, along with a report that outlined progress made on all aspects of the government's plan of action. This includes the removal of several drinking water advisories, improvements to a number of water treatment plants, and increased assistance and training for plant operators. The minister is now considering the panel's recommendations and I expect we will be hearing more on the government's initiative.

Along with helping first nations communities to overcome such crises, this government is working to ensure a brighter long term future for these communities. Indeed, when it comes to land claim settlements, we are living through an extraordinary period of Canadian history, particularly in British Columbia.

In recent months, negotiating teams have achieved a series of unprecedented agreements.

On October 29, federal, provincial and first nations negotiators initialled the Lheidli T'enneh final agreement, the first settlement reached through the British Columbia treaty process.

On December 8, the minister was in Delta, B.C. to attend the initialling of the Tsawwassen First Nation final agreement, the first final agreement for a B.C. first nation whose traditional lands are situated in an urban area.

On December 9, the minister witnessed the initialling of the Maa-nulth First Nations final agreement, the first final agreement in British Columbia that involves more than one first nation community.

I am happy to report that the successful resolution of land claims is not restricted to British Columbia. On December 1, the government signed a land claims agreement with the Inuit of Nunavik resolving a claim over offshore areas in northern Quebec and Labrador that had dragged on for more than 13 years.

Canada's new government has also partnered with first nation groups in Quebec to improve school performance among students from first nations communities in the province.

A landmark memorandum of understanding signed on October 26 will lead to incentives for first nation schools to create stimulating learning environments, enhance teaching quality and improve accountability to parents and students.

Education is also the focus of a historic bill that received royal assent on December 12 of last year. The First Nations Jurisdiction over Education in British Columbia Act will enable first nations communities in B.C. to assume increasingly greater control over on reserve education. It is an important step in ensuring first nation students receive a high quality education that respects their languages, cultures and traditions.

On December 13, our new government introduced in the House another significant piece of legislation: Bill C-44. By repealing section 67 of the Canadian Human Rights Act, the bill would ensure that all members of first nations communities will have the legal authority to defend their human rights, a power that all Canadians should be entitled to enjoy.

Despite these and other significant achievements, I readily concede that much work remains to be done to ensure that aboriginal peoples have living standards comparable to those of other Canadians. Both the Prime Minister and the Minister of Indian Affairs and Northern Development recognize this fact but action to help aboriginal peoples achieve this objective does not come from legislation based on a news release presented at the close of a meeting.

Genuine progress is difficult. It requires clear thinking, diligent effort, patience and collaboration. Canada's new government will continue to work in concert with our aboriginal, provincial and territorial partners to achieve this progress. Together, we will create practical solutions. We will allocate appropriate funds. We will establish clear roles and responsibilities. We will set goals and we will achieve them.

Accordingly, I will be voting against Bill C-292 and I urge my colleagues to do the same.

Aboriginal AffairsOral Questions

March 2nd, 2007 / 11:30 a.m.


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Winnipeg South Manitoba

Conservative

Rod Bruinooge ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians

Mr. Speaker, unfortunately the member could not be more wrong. In fact, her government had the opportunity to act on behalf of first nations for 13 years.

When we look at Bill C-44, it will actually bring human rights to first nations people on reserve who are unable to take advantage of the human rights laws in Canada today. That is something the government of the hon. member had the opportunity to do. It chose not to do so. It is something we will do.

Aboriginal AffairsOral Questions

March 2nd, 2007 / 11:30 a.m.


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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, in three separate cases the Supreme Court of Canada was clear that the federal government had a duty to consult with first nations. Despite these rulings, the government has refused to conduct meaningful consultations. It imposes arbitrary deadlines that prevent real discussions from taking place: Bill C-2; Bill C-44; Bill C-45; nationhood; and now only seven days for consensus building on matrimonial real property.

Why does the government insist on taking such a father knows best attitude?

Canada Transportation ActGovernment Orders

February 28th, 2007 / 4:05 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak to Bill C-11. I hope that this bill will be passed.

Earlier, I asked my Liberal colleague some questions. Things are not easy in this Parliament, particularly because of the very different approaches to development or to problems the public may be having. Too often, the Conservative Party and the Liberal Party have great plans, but neither of them solves people's real problems. Bill C-11 will try to offer a little salve for the wounds of people who are suffering all sorts of upsets because of railway company operations.

The railway industry is expanding rapidly and has undergone major technological changes. Although it provides a useful and increasingly profitable service, it imposes constraints on the neighbouring communities. This has gone on for years, as I said earlier.

The problems associated with the noise, vibration and odours generated by railway operations as a whole have existed for a long time and are becoming more serious with the development of new technologies.

The people listening to us—Quebeckers and Canadians—will understand that for reasons having to do with economies of scale, the way things are done in the railway industry has changed. For one thing, in the mid-1990s, coupling of locomotives and cars was done by human beings. Starting in the mid-1990s or early years of this century, human beings were replaced by remote coupling, which is done electronically or electrically.

Once this way of doing things was changed, once they wanted to achieve economies of scale by reducing the number of employees in switching yards, the problems associated with noise, vibration and odours became worse. This is done following Transport Canada's standards. As yet, there is no technology that would allow this to be done while making the least noise possible. Since the mid-1990s, many groups of people who live alongside switching yards have got together and formed associations to try to control the noise and odour pollution generated by the railway industry.

Wanting to limit problems for neighbouring communities does not mean being opposed to rail transportation. On the contrary, we want the rail industry to expand. Railway companies, like Canadian Pacific and Canadian National, make profits. While they had some problems during the 1980s and 1990s, I think that since that time they have paid their shareholders a very handsome return. In fact, it rises every quarter.

Phenomenal profits are being made. Profits like these had never before been made in the railway industry.

Pressure is being taken off the roads, and that can help combat greenhouse gases. We are aware of this. Rail transportation can limit greenhouse gases, because it reduces the number of trucks on the roads. It also imposes constraints, however.

Since 2000, that is, since the 37th Parliament, this House has been trying to solve the noise problem. The Liberals introduced Bill C-26. It was virtually an omnibus bill which addressed a number of problems in the railway, airline and other industries, and which made VIA Rail an independent corporation, a corporation with share capital. This could have helped it to expand. From the outset, the Conservatives were against expansion by VIA Rail, which could have engineered its own expansion and could have created VIAFast. Members will recall that debate. The Liberals were divided: there was the Chrétien clan and the clan led by the member for LaSalle—Émard. The result was division on Bills C-26 and C-44. Bill C-26, which was introduced in the 37th Parliament, never saw the light of day because of that division. In the 38th Parliament, Bill C-44 also failed to get passed.

Once again, the people who live near marshalling yards and suffer from the noise pollution and other by-products of the railway industry have not seen any improvement. This problem was buried in omnibus bills. One of the methods used by the Conservative Party in this 39th Parliament was to divide the previous Bill C-44, which was debated in the 38th Parliament, into three.

The Conservatives say now that they broke it up in order to speed things along, but they are concealing the real reason, which is that they wanted to remove everything that had to do with VIA Rail from Bill C-44.

The Conservatives have never wanted the railways to really develop. They did not want the railway companies to compete with airlines for passengers. That was their choice. They wanted to protect WestJet rather than help rail develop sufficiently, the kind of development that the Bloc Québécois has always supported.

It is very important for the transportation sector to become more competitive. Rail is healthy competition for the airlines. There is talk of a fast train, although not a high speed train, between Quebec and Montreal and Montreal and Windsor. The Bloc Québécois has always supported this vision. The Conservatives, though, divided up Bill C-44 because they did not want VIA Rail to become an independent corporation ensuring its own development or the famous VIAFast project to see the light of day, that is to say, a fast Quebec City-Montreal, Montreal-Windsor train. That is the real reason.

All the same, we would have supported an omnibus bill that included all of Bill C-44. We supported Bills C-44 and C-26 at the time, and now we support Bill C-11, which will deal once and for all with the noise pollution problem.

It is never simple. I use this example because, at the same time, the people listening to us will understand how Parliament works. It is never simple. Insofar as the noise issue is concerned, the Conservatives took it upon themselves to bring a bill forward that touches on this problem. However, there is not just noise pollution but also vibration pollution and fumes. There are all kinds of sources of environmental pollution.

During our discussions with the government about Bill C-44, we touched on these issues but were not successful because of the entire VIA Rail question, even though we were working on fixing the pollution problems. If we are going to fix them, let us really do it. But with government things are never as straightforward as that. We have to understand. The Conservatives have never had any vision of the future; it is always short-term. So they decided today to include noise pollution in Bill C-11. Like us, all my colleagues and all the citizens out there say that if they are going to fix the railway pollution problem, why not take advantage of this opportunity to include fumes in the bill and the issue of locomotives turning night and day and producing fumes and environmental problems.

Sometimes you walk along the rails and you see pollution. Because the rails have been changed, stacks of wood are piled up along the tracks, and so on. The Bloc Québécois wanted to solve all the environmental problems related to railways, but the government decided that the noise was the problem. The Bloc Québécois tried in committee to put forward its own proposals. We wanted to solve the problems of noise, vibrations and fumes. We had clearly understood that, by including only noise, Conservatives did not want to solve all the environmental problems. So we went with vibrations and we asked ourselves whether we could perhaps solve at the same time the problems of vibrations and fumes from locomotives.

This is where we attack the law clerk of the House. The government knows quite well that, when it introduces a bill, we cannot move the amendments that we want, even though we have a lot of goodwill, even though all my colleagues from the Bloc Québécois are experiencing major problems, since, for example, some of their fellow citizens live close to the Moreau railroad yard, in Hochelaga, or the Joffre railroad yard, in Lévis. Even though this committee is now represented by a Conservative, we will ensure that all this will change in the next election. However, the fact remains that the people of Lévis complained to us and we never stopped defending their interests. There is the same problem close to the Farnham railroad yard, in Brome—Missisquoi, and to the Pointe-Saint-Charles railroad yard, in Jeanne-Le Ber, east of Montreal. All these people wanted us to solve all these problems, including fumes. Thus, we introduced an amendment, but the whole part concerning fumes was taken out. The law clerk of the House told us that it was out of order.

So, it is not like we did not try. We wanted to show our goodwill and our good faith in this issue. We tabled everything that we could think of. We even wanted to include public health, because there are now international standards on noise pollution. We really wanted to comply with public health standards. One of our amendments asked that public health not be unreasonably affected, given these essential operational needs. We wanted to include the issue of public health in the bill.

However, because the bill introduced by the Conservative Party was totally silent on public health, the law clerk of the House told us that this amendment, even though quite interesting, was out of order, because it would change the meaning of the legislation.

Those citizens who are listening to us must understand that a government is something that is complex. And when it is a Conservative government, it is twice as complex. That is how things work. That is the reality. The government uses every possible trick to prevent us from succeeding and achieving our objectives. In this case, we were able to reach an agreement on noise.

So, as we are speaking, clause 95.1 of the bill reads as follows:

When constructing or operating a railway, a railway company, must cause as little noise and or vibration as possible,...

This is what we have before us now. The original bill introduced by the Conservative Party talked about not making unreasonable noise.

We managed to get an amendment in that goes further. That was done with the support of the Conservatives, who finally realized that we wanted at least to settle once and for all the issue of noise and vibration, so that we would no longer talk about it, and so that citizens would be able to win their cases.

So, we managed to agree to include the expression “as little noise and or vibration as possible”.

One day, this bill will come into force, but not today. It is at third reading stage, then it has to go to the Senate and come back here. Canadian federalism is complicated. There is another chamber, the upper chamber, called the Senate. It has to study the same bills. The Bloc Québécois has been wanting to get rid of the Senate for a long time. The Conservatives have decided that senators will be elected by universal suffrage. We are far from getting rid of it. The federation will become even more complicated. However, one day, we will no longer be here—we hope. One day, Quebeckers will decide to have their own country and they will not have a Senate. That will be best. There will just be a parliament and it will be far less complicated.

However, in the current situation, the bill as amended by the Bloc Québécois, among others, reads as follows at clause 95.1:

When constructing or operating a railway, a railway company, must cause as little noise and or vibration as possible, taking into account

(a) its obligations under sections 113 and 114, if applicable;

This has to do with operations.

(b) its operational requirements;

[...]

(d) the potential impact on persons residing in properties adjacent to the railway.

We managed to get that included. The following clause—and this is the crux of the bill—gives powers to the Transportation Agency, which is new. During its operations, it will have to take into account the potential impact on persons residing in properties adjacent to the railway. From now on, it will have to take into account those who live close by when there are problems with noise and vibration. That is how it will be for their operations.

Clause 95.2 states:

The Agency shall issue and publish, in any manner that it considers appropriate, guidelines with respect to:

This requires the Transportation Agency to establish and publish guidelines that the railway companies will have to follow. Just to get this part into the bill required many hours of discussion. Finally, the agency can be forced to establish and publish guidelines. It is all well and good to say there will be as little noise and vibration as possible, but there still need to be guidelines. This bill will force the agency to establish and publish guidelines.

Once the guidelines have been established and the railways are operational, we proceed to clause 95.3.

On receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to cause as little noise or vibration as possible, taking into account factors referred to in that section.

Before this bill, the Canadian Transportation Agency had no power. Its only role was that of intermediary. Judicial power was tested in that respect in an Ontario court.

One might have thought that after getting involved in a file and participating in negotiations, Transport Canada could have made recommendations and ordered the company to take certain measures if no agreement could be reached in the end. In a decision concerning an Ontario community, the Ontario court ruled that the Canadian Transportation Agency had no power, that it was simply a mediator, not even an arbitrator. It could participate in discussions, but it had no power.

The real purpose of this bill is to give the Canadian Transportation Agency the power to order measures to be taken. That is, once it receives a complaint, it will analyze it and order the railway company to take measures.

Recently, I met with the Railway Association of Canada, which turned up practically in tears to tell us that it made no sense to force railway companies to produce as little noise and vibration as possible.

I might ask all railway employees, who work very hard, why we have this bill before us today. I might also ask the shareholders and the companies that are making healthy profits and doing good business why we are debating this bill. We are debating it because they have been so remiss in past years that we have no choice.

Personally, I took part in a meeting with citizens who live around the Moreau marshalling yard in Hochelaga; the railway company was also present. I will not say its name because they are all the same, regardless of which one it is, and I do not want to discriminate. So I participated in the discussions. It was easy to see that the employees taking part were there under duress. The member for Hochelaga was present to listen to the citizens. I was there as the transportation critic for the Bloc Québécois. My colleague from Hochelaga and the community, who had been following the Ontario decision, were very well informed and proposed some mitigation solutions to the representatives of the railway company. These people seemed interested but in the end nothing ever came about. That is how it is.

It was the same thing when I met with citizens’ groups in the Joffre marshalling yard in Charny. I had a chance to meet the Mayor of Charny, who is now a councillor for the City of Lévis and who really took an interest in this file. It was and still is the same thing. The companies listen, but in the end, when they have to spend some money, it does not go anywhere, not to the next level up anymore than to the board of directors.

Since I am being told I have two minutes left, I am going to use them wisely.

This is how we have ended up where we are today. The Bloc Québécois does not want to be one of those who would prevent the railway from developing. On the contrary, we know that it is developing just fine, that business is good and that it is probably time to put things in order and do something about the pollution that railways can cause. There is noise pollution and other kinds of nuisances.

We will not fix all that today, as I said. And it is not because the colleagues of the Bloc Québécois would not have liked this bill to solve all the nuisances caused by railways. Given that the industry is doing well, maybe it is time for it to make some investments.

At least today the noise and vibration problems should be solved. For any citizens who live along railways or near railway yards this bill should solve any noise and vibration problems they experience. From now on complaints can be filed with the Canadian Transportation Agency, which can intervene and, in accordance with the provision contained in paragraph 93(3), order the railways to take action. The Agency will be able to order railway companies to take remedial action.

Obviously this does not solve the other problems. In committee, communities came to tell us that the trains are increasingly long. In some places, they are even afraid that emergency services cannot get through. That obviously includes ambulances, firefighters, and all sorts of services. Actually the trains are so long that they block entry into entire neighbourhoods. This problem is not dealt with in the bill. I hope that the government one day will listen and table new bills that will deal with all these issues.

Canada Transportation ActGovernment Orders

February 28th, 2007 / 3:35 p.m.


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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I know that the opposition side, now dressed as government, is waiting to hear this speech with bated breath, most of it after much libation has passed through the lips.

Without casting too many aspersions on this, one has to be in control of one's senses when one listens to some of the rhetoric of the government side. I wondered why those members would not take just a moment to say that they have a responsibility as parliamentarians to come forward with legislation that is good for all Canadians. It was there and we are going to try to implement it, they could say, even though for partisan reasons they said no in the past. They said they were not going to support Bill C-44.

But in a stroke of blinding light, of genius, let us divide it up, those members said. They came to this side and asked for our support. We said why not, it is in our collective interest to ensure that legislation that helps Canadians is put forward.

I am not going to reread into the record that which the parliamentary secretary has thought useful for his party's business to talk about what is in the bill. I gave an indication earlier on that there are several things that are important about this bill and that attracted a positive reaction from us.

One of them, of course, is in regard to railway lines that are no longer used, that are declared underused by the railway companies, in that commuter agencies in the various centres through which they pass would have access to them for the purposes of developing appropriate commuter traffic. This would allow us as governments, whether it is this Parliament or the provincial legislatures or the municipalities, to develop a transportation policy for commuters in order to address the environmental, economic, transportation and consumer issues that are evident for everyone.

To do that, we have to put an infrastructure in place that would allow the minister to play a proactive role. That is what Bill C-44 intended to do. The government opposite fought that with every breath it could muster. Today the Conservatives want to put themselves in the clothes of shining bright knights who would accomplish the solutions that would satisfy all Canadians' aspirations and needs.

The truth is the opposite. The government has been asking for and receiving the support of the opposition parties. I see my colleague from the Bloc way down at the end to my left--I can say he is here, I do not have to say he is not here, as that would be for those people--and he has been patient. He has offered the same kind of support that we have offered, because in this instance, at least, he too is thinking about the commonweal.

While we have been doing this, we have watched as the Minister of Transport has ignored the larger implications that were resident in Bill C-44. The underlying principles are as follows: do what is good for the economy of the country, do what is important for the infrastructure and transportation policies of this country, and take into consideration the economic impacts of transportation policies, especially, in this instance, on rail traffic.

What did the government do? We found the minister preferred to do nothing with the cooperation the opposition parties have been offering. So what happened? With Canadian National Railway, he allowed a work stoppage, a strike, to go on for ever so long. I am sure my colleague down at the other end has received the same kinds of submissions that I have from all interested parties and communities across Canada. Whether they were in the lumber industry, the mining industry, the wheat, grain and oilseeds industries, the commercial products industries or even, as we now know, the petrochemical and gasoline industries, we had no movement of goods.

There was no movement of goods while the minister's parliamentary secretary and his government stood and said, “Oh my. Aren't we wonderful? We're just like Jack Horner sitting in a corner. We're just marvellous people”.

Meanwhile, there are communities everywhere around the country, especially those one-industry towns, those in northern Ontario, northern Quebec and northern British Columbia, to name just three places, that are completely, totally and undeniably dependent on rail traffic to get their goods to market, to keep the mills open and to keep the mines going. All them were crying for some intervention while two unions, local and international, with CN, played with the economic life of all Canadians and the minister sat there and did nothing.

That government did nothing and then turned around and told us that it was doing all kinds of great things. Look at us, said the Conservatives, we have been here for 13 months and look at all that we have accomplished.

We have asked for the cooperation of the opposition parties, they said, and look at what we in the opposition did: we gave it. We split up a bill, Bill C-44. One aspect of that has been passed. A second one is here before us today. There is a third one down the road. We have been trying to move this along really quickly.

The debate on this should have finished last week, but no, we had the minister for hot air insulting one of my colleagues, the member for Mississauga South, I think, who was here a moment ago. He is moving around the table now. Instead of carrying on with discussions of substance, that minister for hot air wanted to engage in discussions of disruption, and so the bill goes on a little while longer. Instead of capitalizing on the opportunities to build on the cooperative spirit that was here in the House, on this side of the House, with respect to transportation, particularly with this bill and particularly with movement of traffic around the country, while communities everywhere were crying for our help, he did nothing. The Conservatives did nothing. Not only did they dither, but they did nothing.

Let us look at the ports, for example. The ports in the lower mainland in British Columbia were crying for some sort of intervention. No, I am sorry, that would have been too much to ask for. They were looking for some kind of attention and interest on the part of the Minister of Transport to get some things moving. They had to lay off all the personnel, or portions thereof, at the ports. They had boats sitting out in the harbour; others still more. Trains were backed up. Wheat, lumber and minerals were being held up out in the west. Markets out in the Orient and in the States were looking for some kind of product and some kind of interest on the part of the Government of Canada to get that product going. There was nothing.

The Minister of Transport said:

My name is Pontius. I wash my hands.

It was a labour issue, he said.

The Minister of Labour came before our colleagues and asked us if would we help him out and support back to work legislation if it became a real labour issue. We said of course we would do that, but we asked why the government did not get the infrastructure in place. We asked why the government did not do the minimum that is required of all of us, which is to show interest. It is not a question of partisanship.

So now what we have in southern Ontario, for example, in parts of Quebec, and in fact almost everywhere in the country but particularly in southern Ontario, is a huge shortage of gasoline, because some of it has not been able to get to the market. Yes, there have been other interests as well, and there have been other incidents, but the product could not get to market, and there has been an increase in the price, diminishing our ability to be productive and competitive and obviously bringing all things to a standstill.

I am sure that the minister for hot air on the other side will immediately say let me see now, has there been a diminution in the emissions of greenhouse gases? Yes, that must be so in part, because there is a voluntary participation by all of those drivers who could not get their gasoline and so walked to work in the middle of winter. Great.

I guess I am reduced to a little bit of sarcasm because I sat there, watched, waited and in fact offered all the cooperation that this side of the House could offer the government to say, “Get this done”. But those members were of course interested in heckling, as they are not out of the opposition mentality. They were chuckling, laughing and being as disruptive as they could.

Could we imagine that on this side? No, it would not happen.

I know you will be shocked at this, Mr. Speaker, but there is a member of the transportation committee who comes from the riding of Essex, which is a focal point for all of the manufacturing trade in southern Ontario. The trade goes through that riding into Detroit and on to the other side of the border. Of about $2 billion worth of trade, about two-thirds of it goes through that area. What happens? Instead of being able to deal with his own party in government to get the trains back on track, he has to be fighting his own party.

Competition in parties is a fact of life that we deal with. One always has to worry about whether the enemy is on that side of the House or on this side of the House, but there we had a ridiculous situation. I am looking at a CanWest news story dated February 22 about how the member had to worry about “murder threats” from his own riding executive. There are all kinds of soap operas going on within that party. No wonder those members cannot address the issues of the country. They are too busy trying to take each other out.

Business of the HouseOral Questions

February 15th, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will continue the debate on the Liberal opposition motion.

Tomorrow we will resume debate on Bill C-31, the voter integrity bill, with Bill C-35, the bail reform bill as backup.

Monday we will call Bill C-31, elections, if it is not completed tomorrow; Bill C-44, human rights; Bill C-11, transport; Bill C-33, technical income tax; Bill S-2, hazardous materials; and the statutory order. We have an ambitious agenda there.

Tuesday, February 20, and Thursday, February 22, will be allotted to the business of supply.

On Wednesday we will continue with the business outlined on Monday.

Next Friday, I will consider beginning the debate on Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries.

With respect to the debate on the statutory order regarding the Anti-terrorism Act, if an agreement on debate is not reached before February 28, certain provisions of the Anti-terrorism Act will sunset. It is the government's view that all members should be given the opportunity to decide the fate of these provisions because they involve the safety of people they represent.

Recent events have made us aware that the terrorist threats continue to specifically target Canada, but if the terms of the law are not extended by March 1, the protections that we have in place right now will cease to apply.

If an agreement can be reached, I am prepared to call the motion sooner and sit as long as necessary on that day to bring the debate to a conclusion.

Opposition Motion--Government PoliciesBusiness of SupplyGovernment Orders

February 15th, 2007 / 10:55 a.m.


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Liberal

Anita Neville Liberal Winnipeg South Centre, MB

Mr. Speaker, I listened with interest and with some incredulity as the minister outlined the efforts of his department to address aboriginal issues.

Let us be clear about this. The issue of the $3.7 billion includes the residential schools agreement, which was negotiated by the previous government and ratified by the Conservative government. It is not part of the regular operating dollars of the Department of Indian Affairs. Therefore, that is misleading to the public and to aboriginal peoples.

The minister speaks with great enthusiasm about his efforts to remedy the wrongs for aboriginal women. While I support very much his interest and commitment to it, I question the manner in which he is going about it. The other night in the House we heard one of his colleagues disparage the whole consultation process. I am curious to know why Bill C-44 was introduced without any consultation process, dealing with the repeal of section 67 of the Human Rights Act.

I am interested in his response to the fact that the Ontario chiefs have withdrawn from the matrimonial real property consultation process. I am interested in how he reconciles his desire for human rights for aboriginal women, without his real willingness to address the issues of housing, child welfare—

Indian ActPrivate Members' Business

February 13th, 2007 / 6:35 p.m.


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Bloc

Yvon Lévesque Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, I am pleased to express my opinion on Bill C-289, An Act to amend the Indian Act (matrimonial real property and immovables).

As we debate Bill C-289, we are also debating government bill C-44. The latter proposes to repeal section 67 of the Canadian Human Rights Act. The adoption of these two bills could be prejudicial because they run counter to commitments made by the government in May 2005.

In May 2005, the government promised to renew and strengthen the collaboration of the government and first nations, specifically by consulting the first nations before developing policies that impact them. This principle of collaboration constitutes the cornerstone of the new partnership. The private member's bill of the Conservative member for Portage—Lisgar directly affects this government commitment made to native peoples.

I have the statement made by the Prime Minister on April 19, 2004, and reiterated by the government on May 31, 2005. It states:

It is now time for us to renew and strengthen the covenant between us...No longer will we in Ottawa develop policies first and discuss them with you later. The principle of collaboration will be the cornerstone of our new partnership.

To strengthen policy development, the minister and the Assembly of First Nations commit to undertake discussions: on processes to enhance the involvement of the Assembly of First Nations, mandated by the Chiefs in Assembly, in the development of federal policies which focus on, or have a significant specific impact on the First Nations, particularly policies in the areas of health, lifelong learning, housing, negotiations, economic opportunities, and accountability; and, on the financial and human resources and accountability mechanisms necessary to sustain the proposed enhanced involvement of the Assembly of First Nations in policy development.

The government did not receive the support of the First Nations for the repeal of section 67 of the Canadian Human Rights Act, nor has it received the support of the native women's association for this bill tabled by the member for Portage—Lisgar, as it was introduced without consultation.

Is it unreasonable to believe, in the modern context, that to consult also implies the consideration of at least some recommendations based on cultural values and specific lifestyles?

Subsection 89(1) of the Indian Act exempts personal or real property of a band member located on-reserve from seizure or attachment by a non-Indian or a non-band member.

The provisions of the Indian Act on the rights of surviving spouses to property may be affected by approaches taken to address the issue of on-reserve matrimonial real property, and this would need to be considered.

Is this not good reason to take a closer look at the difficulties encountered in resolving certain situations that may at first appear very straightforward?

It is important to consider the opinions of the people experiencing the problems that need to be resolved or those who are involved in the conflict, in order to examine the necessary corrective action and, as needed, ensure the creation of legislation or regulations.

It seems to me to be a little early—perhaps even much too early—to present such a bill, given that a joint task force was only formed in February 2006 to carefully examine the issue of on-reserve matrimonial property. To pursue this, we would have needed recommendations from both Houses.

The joint task force was set up when the Bloc Québécois demanded that the government consult the Native Women's Association of Canada and the Assembly of First Nations by acting on the following recommendation made by the Senate Committee on Human Rights in its November 2003 report:

—the Committee recommends that appropriate funding be given to national, provincial/territorial and regional Aboriginal women’s associations so that they can undertake thorough consultations with First Nations women on the issue of division of matrimonial property on reserve. These consultations should be the first step in a larger consultation process with First Nations governments and Band councils with a view to finding permanent solutions which would be culturally sensitive—

The joint task force's mandate included drafting joint consultation documents, touring to consult aboriginal communities in Quebec, Canada and the provinces, and reporting aboriginal recommendations with a view to drafting a bill on the division of matrimonial real property and immovables on reserve.

Unless the hon. member for Portage—Lisgar can announce to us that he is withholding privileged information, more complete than that of the native women's association—which says it has not completed its research—we have to consider this bill as an insult to everyone doing research on this file. Accordingly, we have to recommend that this bill be defeated.

We find that through his bill introduced on May 17, 2006, the Conservative member for Portage—Lisgar has demonstrated political opportunism and lack of knowledge of the process already launched by his government. His persistence to achieve this could hinder the democratic process of the joint committee which, for the first time in 30 years, could have or propose a viable solution to an awkward situation for any democratic country. Furthermore, what are people to think when this involves the “very best country in the world”?

This private member's bill is an affront to the Quebec Native Women Inc., which is a major stakeholder in this working group. This ridiculous, thoughtless and disrespectful initiative undermines the credibility of this association's initiative and its chances for success.

This bill prematurely calls on Parliament to take a position at the very moment when the working group recommended by this House has not concluded its research, the results of which are needed in order to improve the living conditions of aboriginals.

The Minister of Indian Affairs and Northern Development Canada has noble intentions: to undertake consultations to find a solution to the issue of matrimonial real property on reserves in order to improve the rights of aboriginal women and provide them with the same legal protection enjoyed by non-aboriginal women with respect to divorce.

It is critical that aboriginal women be consulted with the utmost respect for their culture. To ensure that the consultations are worthwhile, native women's associations in Quebec, Canada and the provinces must be given the funding and the time they need to meet with all of the communities.

Aboriginal women deserve to have all of the information about the subject of the consultations: the Indian Act (matrimonial real property and immovables). It is even more important that the entire aboriginal population be informed of the impact of a law on the division of matrimonial real property on their everyday lives and in the case of separation.

Quebec Native Women Inc. believes that consultations in aboriginal communities require the expertise of family law and legal rights specialists. The officials conducting the consultations must be accompanied by specialists who can answer all of the people's questions.

Governments change with the tide, yet they stay the same. Whether Liberal or Conservative, their vision and their avoidance tactics are similar.

The member for Portage—Lisgar's Bill C-289, which was drafted without any consultation, is not what we need to make change happen now.

In conclusion, I feel it is premature to debate this bill because of the lack of consultation with the affected population and the lack of essential but currently unavailable information, a lack of information that could cause problems that will be even harder to fix than those these various bills seek to correct.

Business of the HouseOral Questions

February 8th, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will be continuing the debate on the Bloc opposition motion.

Tomorrow we will begin debate on the statutory order concerning the Anti-terrorism Act. That is for the extension of its provisions.

Next week will be justice week, when the government will showcase part of its safer streets agenda, starting on Monday with the continuation of the debate on the Anti-terrorism Act if it is not completed on Friday.

On Tuesday we plan to begin debate on Bill C-35, which deals with bail reform, and on Wednesday we will resume debate on the second reading stage of the dangerous offenders legislation, Bill C-27.

Thursday, February 15 shall be an allotted day.

On Friday it is my intention to call the report stage of Bill C-10 on mandatory minimum penalties, on the assumption that the justice committee can have it to the House by that time.

For each day, we will have the following business scheduled as backup bills: Bill C-31, the voter integrity legislation; Bill C-44, relating to human rights; Bill C-11, on transport; and Bill C-33, the technical income tax act.

I will be working closely with my counterpart in the Senate with respect to progress on Bill S-4 or, as we keep hearing, the lack of progress.

As you know, Mr. Speaker, a strong, effective and responsible government must speak with one voice, whether it be in the Senate or the House of Commons. The fact that the Leader of the Opposition in the House of Commons and the Leader of the Opposition in the Senate cannot present the same position on Bill S-4 is further evidence that the Liberals are currently not fit to govern. I certainly would like the opportunity for this House to deal with that bill.

February 1st, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I appreciate the fine words of welcome from the opposition House leader.

Today, of course, we will be continuing with the opposition motion. Tomorrow we will continue debate on the report stage amendments to Bill C-31, the election integrity act amendments with which we are all familiar.

For Monday and Tuesday, we are intending to call Bill C-26 on payday loans, which is at third reading, Bill C-32 on impaired driving, Bill C-11, the transport act, and Bill C-33, the technical income tax bill.

On Wednesday we hope to begin debate on the third reading stage of Bill C-31, followed by Bill C-44 relating to human rights.

Thursday, February 8 shall be an allotted day. Next Friday we would like to begin debate on the anti-terrorism motion that would extend the application of certain sections of the Anti-Terrorism Act that are due to expire.

Finally, as members know, democratic reform is a priority for Canada's new government, and given that the Liberal leader has publicly expressed his support for term limits for senators, could the official opposition inform the House as to when it can expect the unelected, unaccountable Liberal senators who are delaying and obstructing that bill to give us a chance to consider it here in the House of Commons?

International Bridges and Tunnels ActGovernment Orders

January 29th, 2007 / 1:15 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I am pleased to rise to speak to Bill C-3. Accountability has been a long time coming on some of our border processes.

Quite frankly, to continue the discussion on Bill C-44 and Bill C-3, there were some excellent things in Bill C-44, but I am glad at the very least that we are moving on Bill C-3. It is very important that we get some type of accountability.

That is what has been lacking on our 24 international bridges and tunnels that connect us to the United States. There has not been a standardized process to ensure safety, security, pricing, and a whole bunch of operational issues. That is why we want to see this bill pass in the House of Commons.

It is not the perfect bill. It is something that I tried to improve with a number of different motions. Some actually got through and some did not, but at the end of the day this is an opportunity to do something good for our commerce and our prosperity for the future. It is more than just the operations that we have to be concerned about. It is the investment.

I first want to outline the summary of the bill. It is important that people understand this context. It did not really come into the national perspective of the sensitivities and difficulties at border crossings until 9/11 in 2001 with the terrorist attacks and the shutting down of the border with the United States. We in Windsor, Ontario and many other jurisdictions across the country understood the infrastructure, operational and accountability deficiencies, but were unable to successfully penetrate it to a national level that would get it to the point where there would be action taken by any particular level of government. That was very important.

When that episode happened, new challenges began to emerge that became very important, not only to the people who lived around the immediate facilities of the border crossings but to those who live in an area that has four border crossings in total; who live along the 400 series highways, the Golden Horseshoe area; Montreal; British Columbia; and those who live in areas of border crossings right across the Prairies.

A number of different challenges began to emerge, but when it came to international bridges and tunnels, there was no actual mandate for the federal government to have some type of accountability standards or procedures and to ensure there was oversight. That is very important because there are border crossings that are privately held.

Two of the 24 are very unusual in the context of the overall infrastructure portfolio this country has, but they are very significant ones. Second to that, there was also no standardization for the other ones owned by the federal government, provinces and municipalities that had some type of vested stake in the actual border crossing. This brings a greater perspective for all of us in relation to this bill.

The summary states:

This enactment establishes an approval mechanism for the construction, alteration and acquisition of international bridges and tunnels and provides for the regulation of their operation, maintenance and security.

That is important to note. Looking at the titles of the different chapters, it is about interpretation and application for actual border crossings, construction and alteration, maintenance and repair, operation and use, security and safety, changes of ownership, and operational control. These are all things that are very important to how the border functions and operates.

As I was discussing earlier, it is not just about the operator of the border crossing, whether it be a public or private entity. It is about the repercussions that are faced by the goods and services trade, people and vehicular flow across these border crossings into other regions. The less efficient they are, the less accountability that happens with regard to public safety and investment in infrastructure to ensure it is preserved in perpetuity, the less investment there is to actually expand and meet the challenges and, on top of that, the less there is to do with accountability about pricing, which is an actual trade barrier to our country being successful with the United States. Whether it be the tourism aspect, where people pay a higher price by going along a certain border corridor or transport trucks being charged far greater than what they should be, all of these affect our economy.

What is important to note about that is that in the auto industry and other types of industries these are significant costs. At the border, for example, in Windsor, Ontario an automobile can quite literally cross the border six times before it is completely finished. Between all the parts and different operations that are exchanged, the vehicle will cross the border to Michigan and return to Ontario multiple times. If there is a lack of investment, all of these additional costs will have a significant impact not only on our current infrastructure and economy but also on decision-making.

I have been involved in this since 1997 when I was a city councillor. We have been arguing for this investment as a way of showing Ontario and Quebec in particular that we could solve the border problem to ensure it was fast, safe and secure. This would enable goods to get to markets very quickly and it would be done in an accountable way. This would provide for possible plant expansions. I have heard from different corporations that they have withheld funding for plant expansions because of their concern about the border question.

We still have this problem in the Windsor-Detroit corridor despite all the rhetoric and all the bluster in many announcements. There is yet to be the political will to invest the capital to fix our current problems. We have not seen anything. It is important that we at least get the operational aspect under control. It is not sinister. It is not something one would think there would be problems with.

The fact of the matter is that we have to deal with the most important border crossing between Windsor and Detroit which is owned and operated by a private American citizen. We have to ensure that Canada's interests are represented. We have to ensure the infrastructure is safe and sound. We have to ensure the infrastructure is going to have the proper operational supports so in times of emergency there can be an appropriate response. We have to ensure that the planning process will be done in conjunction with the community and the province and country at large.

As a result of the previous administration's lack of political will, the Windsor, Ontario area has become a literal battleground with respect to who wants to own and operate the next border crossing. People are receiving letters. TV commercials, airwave commercials, propaganda of all sorts is being received by people in the area from private proponents about why one proposal should be supported over the other.

The previous prime minister promised that this would impact positively on the quality of life of citizens in the area. We wanted the trucks off our city streets. We wanted to ensure a free flow of economic goods and services without the hazardous materials and the pollution flowing through our streets. We are still being confronted with congestion and safety issues on a regular basis.

This bill would provide some remedies to these problems. There is actual incorporation. The member for Windsor—Tecumseh and myself have been pushing hard for amendments to make the local municipality engaged on this issue. This is one of my concerns about the bill. It would give the minister greater influence. However, we could not allow no accountability whatsoever.

As things stand right now we do not have any rights on private property where these privately owned and operated border crossings are located. Public crossings need consent. This is a problem. How can we assure the general public that proper procedures are being followed? How can we assure the general public that the necessary investment is being received?

The Ambassador Bridge in my riding has made millions of dollars over the years with respect to tolls. I do not have the official number but some of the estimates are $50 million to $60 million a year. This is significant. However, at the same time we have to ensure that investment will be made to the infrastructure at the end of the day for perpetuity.

This is a definite problem because the toll rates at this particular operation are much more expensive than at other operations such as those at Sault Ste. Marie, Sarnia, the Blue Water area, and Niagara Falls. All of these areas have lower toll rates for passengers as well as for transport trucks. This has caused extra costs to be added to businesses, especially local and regional commerce, in order to compete.

Industries in Ontario, for example, have been suffering significantly from manufacturing competition from the United States because it has invested in these types of facilities in order to maintain them and to keep and grow the jobs. Canada has not been as aggressive. Beyond this is the issue of other developing countries which have really had a profound impact on the actual manufacturing base of our economy.

What is really important is that we are demonstrating, and Bill C-3 does this to a certain degree, that we are actually going to rein in some of the issues about the border. The second step to this which is very important and something I could not get through the bill but I believe is so important, especially for the Windsor economic region as well as the rest of Ontario and the Montreal area, is that in the Windsor corridor we need to get a border authority developed.

The border authority is something that New Democrats have been pushing for that area for a long time. Sarnia has one, Sault Ste. Marie has one, Fort Erie has one and Niagara Falls has one. Everywhere around the region are these border authorities. They are binational organizations that have representatives from different government agencies as well as the communities that provide solutions and ongoing contact about how to manage the border.

If we look at our most important corridor, being Windsor-Detroit where we have 42% of the nation's trade, we have an issue. We have a rail tunnel that is privately held. We have a city tunnel for vehicle traffic and transport trucks that is owned by the City of Windsor on the Canadian side which we just got back after many years. It is paying a profit back to the people and has lower fares and will do so in the future. The Detroit side of it is owned by the City of Detroit and outleased to Macquarie North American, a private infrastructure leasing agreement that was decided upon. The Ambassador Bridge is privately owned by an American citizen. We have the ferry system which is also owned by a private American citizen.

We have four different border crossings and there is absolutely no coordination whatsoever from an overall perspective. When we have issues develop, such as the unilateral action by the United States with the new bio-terrorism act that requires more standards and more procedures to be followed by commerce and particularly in goods and services from agriculture. That is particularly important for the County of Essex and Chatham and Kent as we have a big greenhouse industry that actually produces a lot of different vegetables that go to the United States market. If they are delayed there are additional costs which causes problems.

There is not only the effect of that legislation with the extra cost being introduced but second to that are new procedures for the physical infrastructure at the border and the processing that needs to be done. Therefore, we need a border authority to help coordinate and advocate for that.

I remember in the Niagara Region when the NEXUS program was introduced and the American customs officials on the other side of the border were opening every single trunk. For those who do not know what NEXUS is, one goes through a pre-clearance inspection. Persons are validated on who they are and agree to certain terms and conditions so they can traverse across the border more quickly than if they go through the regular channels. There are limitations on what they can bring and what they can bring back but it is a bonded agreement between the person and the department of homeland security.

The whole point of that is to move vehicles quicker. In the Niagara Falls area they were opening every single trunk which was basically defeating the whole point of NEXUS, after people had gone through all the screening. It has a commission that can advocate for the changing of that practice. That is what happened in that region which was very successful.

In the Windsor and Essex County area we need the same type of body to deal with legislation coming forth in the United States in terms of lobbying. The bio-terrorism act is a classic example. The then Minister of International Trade found out about it, did not bother to tell anyone, and later on the Canadian Trucking Association found out about it two weeks later with the general public and it caused quite a bit of havoc.

We need to ensure that we are going to present a common front together especially when legislation like that is not even warranted. I do not want to get into the details of that legislation, but it is one classic example of the challenges that we face.

The second thing that we tried to get into the bill which was very important for the areas that are affected by the border is a community investment fund. We have seen significant problems with backups and environmental degradation. In the Windsor Star today, our home town paper, a study is reported that came out of California which shows that if persons live along an area with traffic congestion within a 500 metre radius, they are more likely to have different types of diseases and can contract problems related to health, be it heart and stroke or a series of different problems.

We had wanted an investment fund on the environment so that the local communities would be able to actually extract remedies for their areas on the environment.

That is one of the big battles that is going on right now through the new process that we have on the border in Windsor and Essex County, the DRIC process. It is binational. The American federal and state governments and the provincial and federal governments on our side are trying to come up with a plan.

The environmental degradation of a new border crossing and where it would go is a big issue. The New Democrats want some type of investment fund so that local leaders, advocates and municipalities could cope with the problems on the border. That would give people who live with those types of problems hope and an opportunity to participate in the betterment of their communities. On top of that, it would improve our image on the borders between Windsor and Detroit and all across Canada because everyone would be entitled to this type of support structure.

We also wanted to enshrine an open process for the border competition regarding what was going to happen in the future in terms of ownership and new crossings. That was very important to us but we were not be able to pass that.

I hope no other community goes through this, but as I mentioned earlier, a ground war is going on in my community. The Ambassador Bridge is pushing ahead its particular proposal and the Detroit River Tunnel Partnership wants to ram a rail tunnel through an area. It has been a divide and conquer situation, basically spending a lot of money and requesting basically a public subsidy at the end of the day for their operations to move ahead with their particular proposal despite there being a planned process in place. We wanted to see that move to a more transparent level.

I have been calling on the government for public ownership of the next border crossing, similar to the one that is being built on the east coast, but there has not been a commitment. There have been many studies and evidence that public border crossings actually have lower fares. The most recent study was by Citigroup in the United States. It looked at the public benefit of corporation owned versus privately owned border crossings. It looked at interest rates, equity, corporate income and sales tax and compared the advantages of each different sector. It found that privately owned infrastructure facilities usually require toll rates that are 35% to 40% higher.

It gives me great concern that if we do not have the same commitment for the next Windsor-Detroit region border crossing to be publicly owned and operated, we would then add another cost factor into that infrastructure that would affect the viability of commerce going between our two nations. Once again, there is approximately $1 billion a day in trade through this corridor. If we were to add on another layer of cost it would certainly be a net detractor from further investment in Ontario and other areas.

We want to make sure that the toll rates are low and relatively stable. More important, like many other publicly owned and operated crossings, we want to make sure that the money actually goes back into the management and operation of the facility and also toward future expansion and community issues. The Peace Bridge in Fort Erie has done a series of work for the community around it to help offset the impact on having the border there.

We also wanted more protocols regarding hazardous materials and procedures to be implemented for bridges and tunnels. Unfortunately that motion was defeated. There is enough evidence to warrant that we are not doing the best job we could on this. The government's logic was that this could be moved to the hazardous materials act. I am hoping it has a great interest in doing that. The government said that was going to move that forward quickly in this session and I would expect it to do so. I wanted it in this bill because we have a series of regulations that will involve those types of operations. People need to understand the significance of this.

In the United States a number of municipalities have worked to ban the transportation of certain gas materials and hazardous materials through their regions. Cleveland has done that. It could be anything, such as chlorine gas that could cause quite a bit of a difficulty. It is a safety issue for thousands of people.

I will wrap up by saying that Bill C-3 is just the start of the real accountability that is needed at our border crossings. It will improve things. It is not a perfect bill but it is necessary at least for the public safety and security of all bridges and tunnels in our great land.

International Bridges and Tunnels ActGovernment Orders

January 29th, 2007 / 1:05 p.m.


See context

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, my colleague from the Bloc is absolutely correct to note Bill C-44 and the difficulty experienced on the VIA Rail project, in particular.

I had the opportunity to sit with the minister prior to the announcement of an $800 million commitment to fast rail service throughout the Ontario to Quebec region. It was very important for passenger rail transportation. It was also important that the rail itself be upgraded for commerce and that other types of transportation be available to the public for travel, commerce and tourism.

He was quite right to note that as soon as the member for LaSalle—Émard became prime minister and leader of the Liberal Party he cancelled that project because it was seen as a legacy project from the Chrétien era.

Does my colleague believe that it is still worthwhile investing in this project, a project that could help with greenhouse emissions as well as transportation and trade development throughout the Ontario to Quebec region?