Bill C-44 (Historical)

An Act to amend the Canadian Human Rights Act

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.

Canadian Human Rights Act

[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 Amendment

[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.

[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 Act

[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 Act

[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 Affairs

[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 Act

[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 Act

[Chuck Strahl, Conservative, Minister 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 Affairs

[Rod Bruinooge, Conservative, Parliamentary 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.

[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.

[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.

[Steven Fletcher, Conservative, Parliamentary 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 Reply

[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.

[Stephen Harper, Conservative, Prime 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 Affairs

[Jim Prentice, Conservative, Minister 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”.