Tsawwassen First Nation Final Agreement Act

An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.


Chuck Strahl  Conservative


This bill has received Royal Assent and is now law.


This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment gives effect to the Tsawwassen First Nation Final Agreement. It also makes consequential amendments to other Acts.


All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.


May 26, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.

Tsawwassen First Nation Final Agreement ActGovernment Orders

May 15th, 2008 / 4:05 p.m.
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Tina Keeper Liberal Churchill, MB

Mr. Speaker, I would like to ask the parliamentary secretary a question on the issue the member raised around band membership.

I am not that familiar with B.C. and its treaty making process. Was it up to the band itself to accept membership? Did people come in under Bill C-34? Could they possibly have been on a registry at the federal government level or did they have band membership status? Was it a decision of the band itself?

Tsawwassen First Nation Final Agreement ActGovernment Orders

May 15th, 2008 / 3:40 p.m.
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Winnipeg South Manitoba


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 my pleasure to speak today in relation to Bill C-34 which would give effect to the Tsawwassen treaty. It really is a bill to be celebrated.

Archaeological evidence indicates that the Tsawwassen people can trace their roots back thousands of years, demonstrating a rich history in the Vancouver region. Yet, for the last 130 years or more, the lives of their descendants have been dominated by the Indian Act.

This outdated legislation limits their rights. Unfortunately, the first nation and early settlers to the region did not negotiate treaties to clarify their relationship. This created uncertainty about the ownership and management of their lands and natural resources.

In the intervening years, the city and province grew up on and around the lands. Newcomers to the region prospered. But the first nation struggled to remain self-sufficient and keep its culture and language alive.

For the past century Tsawwassen members have not been capitalizing on the economic growth and social development taking place around them.

The legislation before us is a chance to give exceptional new opportunities to the Tsawwassen. It will enable us to achieve a just and reasonable agreement accompanied by full accountability. With this treaty the Tsawwassen First Nation will once again feel at home on its ancestral lands.

After years of hard work at the negotiation table, we have reached a final agreement with the Tsawwassen First Nation and the government of British Columbia to resolve the longstanding issues regarding undefined aboriginal rights and title.

This comprehensive modern day treaty, the first final agreement to be negotiated under the British Columbia treaty process, defines the Tsawwassen First Nation's rights regarding the ownership and management of its lands and resources. It also provides a cash settlement and self-government provisions that give the Tsawwassen law-making authorities over its lands.

Once this final agreement receives Parliament's endorsement, it will give effect for the Tsawwassen people to the constitutional rights of aboriginal people enshrined in section 35 of Canada Act 1982.

These new powers and responsibilities, along with the financial and other resources provided under the treaty, will enable the Tsawwassen people to take control of their affairs and will provide opportunities for them to build a sustainable economy, create jobs and enhance living standards for all their members.

Before I highlight the key elements and many benefits of this legislation, let me first congratulate our important partners who have helped make this possible. I would like to thank Chief Kim Baird, whose vision, perseverance and passion to see justice observed have served her people so well.

I would also like to praise British Columbia Premier Gordon Campbell, and B.C. Minister Mike de Jong, as well as former chief commissioner of the B.C. Treaty Commission and now Lieutenant Governor of B.C., Steven Point, for their steadfast commitment to the negotiations which laid the groundwork for this legislation.

Thanks to the dedication and determination of these leaders, and the long years of hard work on the part of the negotiators for all three parties, we have been able to achieve this honourable settlement. The final agreement reinforces that reconciliation between aboriginal and non-aboriginal Canadians is best achieved through negotiation rather than through litigation and conflict.

This is truly a historic agreement. It is the first comprehensive treaty set in a major urban setting in Canada, in this case a booming metropolis of nearly two million people. This is also the first ever treaty in British Columbia's Lower Mainland and the first to be brought into effect under the B.C. treaty process.

By virtue of its location in a large Canadian city, this treaty presents a profound opportunity to demonstrate that aboriginal and non-aboriginal communities can work together to achieve mutually beneficial goals.

We already have a clear illustration of the advantages of this new working relationship. Under the legislation, the Tsawwassen First Nation will become a member of metro Vancouver and a Tsawwassen representative will sit as a member of the metro Vancouver regional board.

Thanks to this new era of cooperation, the first nation, municipality and board will now all be able to participate in planning processes that directly affect their respective jurisdictions to ensure that they are in the collective best interests of all.

Let me briefly highlight some of the other key components of this final agreement that demonstrates the benefits of modern treaties for first nations and all Canadians.

The first is the infusion of new resource funds with which the Tsawwassen First Nation could build a stronger economy and society. The agreement would provide a capital transfer of $13.9 million, shared by provincial and federal governments over 10 years, less outstanding negotiation loans, to compensate for the surrender of the first nation's rights to mines and minerals under previously surrendered reserve lands. The Tsawwassen would also receive an additional $2 million for that.

To finance programs and services, it would assume as a result of self-government and to fund ongoing incremental implementation and governance activities, the first nation would receive $2.8 million per year for five years. As part of this agreement, the Tsawwassen First Nation must contribute to the funding of programs and services from its own sources of revenue as its financial successes grow through own-source revenue.

There would be further funding to support startup and transition costs. This money would help to cover such things as operational expenses for ongoing costs for parks, migratory birds and treaty management, and for the preservation of the Tsawwassen First Nation culture, heritage and language.

To provide for a land base, the first nation would receive roughly 724 hectares of treaty settlement land. This includes approximately 290 hectares of former reserve land and 372 hectares of former provincial crown land. The latter allotment involves a transfer of land from the provincial agricultural land reserve. In addition, British Columbia will issue two water lot leases to take care of the water lots.

The Tsawwassen First Nation would also own outright an additional 62 hectares of other land comprised of the Boundary Bay and Fraser River parcels. However, this land will remain under the jurisdiction of the Corporation of Delta. It should be noted that the Highway 17 corridor and Deltaport Way are not part of Tsawwassen lands and will remain provincial land.

To sustain their heritage, Tsawwassen members would have the right to harvest wildlife and migratory birds for food, social and ceremonial purposes within their territory. Given the limited wildlife harvest opportunities and the likelihood of even fewer in the future, the federal and British Columbia governments will provide the first nation with $50,000 to establish a wildlife fund.

The Tsawwassen people would have the right to harvest fish and aquatic plants for food, social and ceremonial purposes, and this is of particular importance to them. This is always subject to conservation, public health and public safety considerations. These activities will be confined to designated areas known as the Tsawwassen fishing area and the Tsawwassen intertidal bivalve fishing area.

In addition, the final agreement provides treaty allocations for domestic purposes of several species of salmon based on annual abundance. The catch limits will be determined by the Minister of Fisheries and Oceans every year. A separate harvest agreement provides for fishing licenses to be issued for a specified commercial catch for several salmon species in the Fraser River as well as up to five commercial crab licences.

Hon. members may be aware of a recent decision from the Supreme Court of British Columbia wherein the court ruled that the Lax Kw'Alaams First Nation did not have an aboriginal right to harvest fish for commercial purposes.

The Tsawwassen treaty does not provide any commercial fishing rights. Any commercial licences issued to Tsawwassen are outside the treaty under its harvest agreement and will be under the same rules as all other commercial fishers in the fishing area are subject to.

When the commercial fleet is subject to closure on the Fraser, so are the Tsawwassen's commercial vessels. I would like to also add that the Tsawwassen commercial fishing capacity will be provided by licenses being retired from the existing fleet and does not increase the present commercial pressure when stocks are available.

As much as this legislation is about reconciling the past, it is equally about building a brighter future. Once the bill is implemented, the Tsawwassen First Nation will become self-governing, able to assert its independence, and will have additional tools and resources that provide opportunities to become self-sufficient.

The first nation will make its own decisions on matters related to the preservation of its culture, the exercise of its treaty rights, and the operation of its government. These are keys to increased prosperity.

Economic development and social progress depend on first nations taking the lead in determining their destiny, identifying and implementing solutions to their challenges, and seizing opportunities that benefit their members and our country as a whole.

The legislation requires that the Tsawwassen First Nation have a constitution that provides for a government that is democratically and financially accountable to its citizens. Each member of the Tsawwassen legislature will be elected to their position from within the community of members. This democratic aboriginal government will be recognized as a local government, compatible with other local governments in Canada.

Bill C-34 would also ensure that residents on Tsawwassen lands who are not members will be able to participate in the decision making process. These residents will have an input on any activities that significantly affect them, including tax matters, through Tsawwassen institutions such as school or health boards.

Non-members will be able to vote in and stand for election as a member or select a representative of a Tsawwassen institution. They will have the same rights of appeal as community members. Negotiators for the parties are continuing an ongoing dialogue with the non-member resident leaseholders to ensure the orderly transition after the effective date for all matters pertaining to registration of leasehold interests and representation on Tsawwassen First Nation institutions which make decisions which significantly affect those interests. Tsawwassen First Nation has assured its non-member leaseholders that they are a valued asset and has committed to work with them in their mutual interest.

This balanced approach speaks volumes about the give and take involved in these negotiations to ensure the needs and interests of all parties are met under this legislation.

Over the past six years, negotiators participated in over 70 consultations and at least 28 public information events. Extensive consultations were held with Delta and Lower Mainland regional governments, third parties and community interest groups covering a wide range of subjects. As the negotiations unfolded, all sides got something, and gave up something in return. The result is a final settlement that deserves our support and which ultimately benefits everyone.

One of the greatest benefits of this agreement is the certainty it creates, which sets the stage for increased prosperity for the Tsawwassen people and their metro Vancouver neighbours. Now that it is clear how the first nation and surrounding communities will coexist, there will be an incentive for investors to explore opportunities for economic growth in partnership with the Tsawwassen First Nation.

Taken together with new governance tools and financial resources provided under this act, the first nation will be able to improve the education and health of its people, build houses, create jobs and encourage members who have left the reserve to come back to build a better future together. That is in the best interests of all parties to this agreement. Everyone is stronger when each and every member of society is able to achieve his or her potential and contribute his or her talents to his or her community and our country.

Ultimately, the Tsawwassen treaty is fair to all Canadians. It brings certainty and finality with respect to the Tsawwassen's rights and title. It provides new tools and resources that will increase economic opportunity for the first nation and the entire region. It establishes new government to government relationships that respect the rights and responsibilities of all jurisdictions. It clearly demonstrates the Government of Canada's commitment to complete the unfinished business of settling treaties with first nations in British Columbia.

Much more than jurisdictional considerations, legal definitions or sums on a balance sheet, this final agreement is fundamentally about building a new relationship between aboriginal and non-aboriginal people. It is a relationship built on mutual respect, understanding and the protection of the rights of all citizens, a strong and equitable relationship that will result in a better future for all of us.

I trust I can count on my colleagues' support to pass this worthy legislation. As we do, we will duplicate the success of this treaty and demonstrate that progress is not only possible but inevitable when we work for a common cause.

Tsawwassen First Nation Final Agreement ActGovernment Orders

May 15th, 2008 / 3:40 p.m.
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John Baird Conservative Ottawa West—Nepean, ON

Business of the HouseOral Questions

May 15th, 2008 / 3 p.m.
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York—Simcoe Ontario


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

Mr. Speaker, in keeping with our theme for this week, which is strengthening democracy and human rights, today we will continue to debate Bill C-47, which is a bill to provide basic rights to on reserve individuals to protect them and their children in the event of a relationship breakdown, which are rights that Canadians off reserve enjoy every day.

We will debate our bill to give effect to the Tsawwassen First Nation Final Agreement, Bill C-34, and Bill C-21, which would extend the protection of the Canadian Human Rights Act to aboriginals living on reserve.

We will also debate Bill C-29, which is our bill to close the loophole that was used most recently by Liberal leadership candidates to bypass the personal contribution limit provisions of the election financing laws with large personal loans from wealthy, powerful individuals, and Bill C-19, which is our bill to limit the terms of senators to eight years from the current maximum of 45.

Next week will be honouring our monarch week. Members of Parliament will return to their ridings to join constituents in celebrating Queen Victoria, our sovereign with whom Sir John A. Macdonald worked in establishing Confederation, and honouring our contemporary head of state, Her Majesty Queen Elizabeth II.

The week the House returns will be sound economic management without a carbon tax week. The highlight of the week will be the return of the budget bill to this House on May 28.

This bill proposes a balanced budget, controlled spending, investments in priority areas and lower taxes, all without forcing Canadian families to pay a tax on carbon, gas and heating. Furthermore, the budget implementation bill proposes much needed changes to the immigration system. These measures will help us ensure the competitiveness of our economy. I would like to assure this House that we are determined to see this bill pass before the House rises for the summer.

We will start the week by debating, at third reading, Bill C-33, our biofuels bill to require that by 2010 5% of gasoline and by 2012 2% of diesel and home heating oil will be comprised of renewable fuels, with our hope that there will be no carbon tax on them.

We will debate Bill C-55, our bill to implement the free trade agreement with the states of the European Free Trade Association.

This free trade agreement, the first in six years, reflects our desire to find new markets for Canadian products and services.

We will also debate Bill C-5 dealing with nuclear liability issues for our energy sector; Bill C-7 to modernize our aeronautics sector; Bill C-43 to modernize our customs rules; Bill C-39 to modernize the Canada Grain Act for farmers; Bill C-46 to give farmers more choice in marketing grain; Bill C-14, which allows enterprises choice for communicating with their customers through the mail; and Bill C-32 to modernize our fisheries sector.

The opposition House leader raises the question of two evenings being set aside for committee of the whole. He is quite right. Those two evenings will have to be set aside sometime between now and May 31.

With regard to the notes that were quoted from by the Prime Minister and the Parliamentary Secretary to the Minister of Foreign Affairs, they were their notes and referred of course to announcements that clearly have been made about the need and the imperative of restoring our military's equipment and needs in the way in which the Canadian government is doing so.

Status of WomenCommittees of the HouseRoutine Proceedings

May 15th, 2008 / 10:35 a.m.
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Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I have one more question for the member for Churchill. I myself understand her background of being a first nations woman. I also understand her view of women's shelters. Having been with the RCMP for 18 years, I have utilized many shelters for victims of domestic violence. It is quite a need and it has to be looked at. I believe that we in the government are looking at it.

Today, the Tsawwassen First Nation's final agreement, Bill C-34, is to be debated. With us being first nations, we have to progress one step at a time to get everything done or try to meet everybody's needs as first nations, but what I see here today is an attempt at filibustering, at stalling. Are we going to go on with the Tsawwassen First Nation final agreement? Why is she delaying this bill today?

May 14th, 2008 / 3:35 p.m.
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Chilliwack—Fraser Canyon B.C.


Chuck Strahl ConservativeMinister of Indian Affairs and Northern Development

Thank you, Mr. Chairman.

It is a pleasure to be back before the committee, and I appreciate the work you've done since we last met. It's nice to see this committee working through its agenda.

I welcome this opportunity to discuss the Main Estimates of the Department of Indian Affairs and Northern Development.

There are a couple of things I want to do in my time before you this afternoon. I want to discuss the main estimates, of course, but I also want to expand on some of our recent progress on issues of real importance to aboriginal people, and emphasize for committee members how vital it is that we continue to pursue our collaborative and results-based approach.

These main estimates reflect this government's determination to make tangible progress on aboriginal and northern issues through genuine collaboration and resolute action. We're working to address the fundamental obstacles that stand in the way of greater prosperity for aboriginal peoples and northerners. Our approach involves working with willing partners to design and implement fundamental solutions that reflect real results--for example, solutions for particular challenges such as unsafe drinking water and ineffective specific claims resolution processes.

This collaborative approach has already produced several important breakthroughs. Significant progress has been made in overcoming the challenges presented by the provision of safe drinking water to first nations communities, the improvement of child and family services, and improvement in the supply of housing, to name only a few.

These and other results demonstrate the advantages of working in good faith with willing partners to formulate distinct plans, establish clear priorities, and dedicate adequate resources. The main estimates now before this committee are part of this government's practical approach to planning. They propose the strategic investments needed to support further progress.

Although the total amount in this year's main estimates is smaller than that of last year, year-over-year changes must be interpreted in the context of the entire budget cycle. As the first step in the fiscal cycle, the main estimates do not include resources to be acquired through the supplementary estimates. In fact, supplementary estimates A, tabled in the House yesterday, result in an increase of approximately $483 million in my department's budget for 2008-09.

This set of main estimates does increase the funding allotted to Indian and Inuit programs and services such as education, housing, community infrastructure, and social support. This increase also includes funding for the family violence prevention program, the new first nations infrastructure fund, and a transfer from Industry Canada for Aboriginal Business Canada.

The north is also part of my mandate, so I want to touch briefly on progress made here as well. As you know, I am also responsible for leading the advancement of the government's integrated northern strategy. This strategy supports the government's vision of a new north by focusing on four integrated priorities: sovereignty, economic and social development, governance, and environmental protection, and since 2006 we've moved forward across government in all four areas.

In fact, to cite just a few examples, we've announced plans for a world-class Arctic research station. We're pursuing devolution in Nunavut and the Northwest Territories. We are advancing the northern regulatory improvement initiative. We're also acting on Budget 2008 commitments that build on these priorities with key measures to protect and secure Canada's sovereignty and create more economic opportunities for northerners. Many of my cabinet colleagues are moving forward with their own northern initiatives, and that's good to see as well.

But there is more to the story than just numbers and spending.

I firmly believe that money alone—no matter how large the amount—will not enable us to achieve our larger goals.

Similarly, no single player acting alone can effect the changes needed. To make meaningful, sustainable improvements in the lives of aboriginal people requires broad collaboration, careful planning, and effective action. All three feature prominently in this government's strategy on aboriginal issues.

We formed productive partnerships to make headway on issues that matter to aboriginal people. We have worked with first nations leaders from across the country on water, education, child and family services, and settling claims. To cite a recent example, a few weeks ago I signed an MOU with the Province of New Brunswick and New Brunswick first nations to improve the quality of education for first nation learners in that province. I'm very excited about that proposal as well.

Let me talk a bit more about what we have been able to accomplish with our partners. As I think I mentioned the last time I was before committee, we've made considerable progress since 2006 in improving drinking water systems in first nations communities. Budget 2008 committed $330 million over two years to the first nations water and waste water action plan, which I announced last month. This is the next step in ensuring that first nations have the clean, safe water they deserve.

We have also committed $300 million to the first nations market housing fund, which is now open for business. This innovative program will provide first nations people living on reserve with more housing options so that people can build home equity while at the same time respecting the tradition of communal ownership of reserve and settlement land. Initiated in partnership with Canada Mortgage and Housing Corporation, the program aims to make home ownership a realistic option for first nation families who live on reserves. Over the next ten years the fund is expected to add some 25,000 new housing units for first nations communities. It was a pleasure to introduce the board members and make that announcement just a week or so ago.

This government has also launched a collaborative plan to overhaul the processes used to resolve specific claims. I know you are very familiar with that. We believe that the negotiated settlements of specific claims produce a wealth of benefits for all Canadians, not just aboriginal people.

The creation of a specific claims tribunal, proposed in Bill C-30, is the centrepiece of a larger plan to overhaul specific claims processes. The plan, designed in collaboration with the Assembly of First Nations, commits Canada to resolving specific claims in a fair, timely, and open manner. l'm convinced that improvements to specific claims processes will benefit all Canadians, aboriginal and non-aboriginal alike. I appreciate the committee's work on Bill C-30, and I'm looking forward to its swift passage through the Senate. I know that discussions with senators have already started to take place.

l'm also delighted that Bill C-47, the legislation to safeguard the matrimonial real property rights of first nations women and children living on reserve, has begun second reading in the House. I hope this committee will soon have the opportunity to consider this important piece of legislation.

We also remain committed to legislation to ensure that first nations on reserve are finally fully protected by the Canadian Human Rights Act. I look forward to that bill coming back here as well.

Bill C-34 is also before the House. This legislation proposes to enact the Tsawwassen First Nation final agreement. I hope that it, too, will be here before committee for its consideration before long. That landmark agreement is the result of another remarkable collaboration between first nations, Canada, and British Columbia, and negotiations that stretched over 100 consultative sessions with regional governments, community groups, and other interested parties. It was a real collaborative effort to put forward an excellent agreement, which I hope will go quickly through the parliamentary process.

Under the terms of the final agreement, the Tsawwassen First Nation acquires not only land and a financial component, but also a seat on the metro Vancouver regional board. This arrangement means that the first nation, municipality, and board will work together to create and execute plans that serve the interests of all residents. I trust that members of this committee will appreciate the significance of this collaboration once they begin their review of Bill C-34.

I would like to take a quick moment to provide an update on the implementation of the historic Indian residential schools settlement agreement. The Government of Canada has received over 91,000 applications for the common experience payment, and it has processed more than 81,000, totalling $1.23 billion. At the same time, the important work of the independent assessment process has begun, and that's well under way as well.

As you are aware, on April 28 I had the great pleasure of announcing the appointment of Justice Harry LaForme as chair of the Truth and Reconciliation Commission. The work of Justice LaForme and the historic Truth and Reconciliation Commission will be instrumental in building a renewed relationship with aboriginal communities. It was a pleasure this week to announce the final two commissioners, Claudette Dumont-Smith and Jane Brewin Morley, who will complete that commission so they can begin their work on June 1.

The next step in the process of healing and reconciliation is an apology to former students of Indian residential schools. Preparations are progressing on that, on what I'm convinced will be a very fine moment, a very respectful, meaningful apology that will be great for our government, our country, and for aboriginal people across Canada.

I will depart from my text here for just a minute to express my appreciation to Peter Harrison, who has spearheaded the Indian residential schools settlement and the work that has been done to date in making sure we came to what I think is a very good moment. He's going to be moving on to other things. I think Queen's University may be in the mix. I'm not sure. This may be his last committee appearance.

I'm not just saying this so you'll have mercy on him. I'm actually saying this because I think the entire country owes a big debt of gratitude to Mr. Harrison. He has done his work in a way that's garnered the respect of successive ministers, but more importantly, or just as importantly, of the entire aboriginal community. I just want to say, if I can here, that I respect all these people here with me today, but I say a special thank you to Mr. Harrison for the fine work he's done, and I hope you'll ask him the right kinds of questions to reflect that as we move forward.

Specific Claims Tribunal ActGovernment Orders

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

Business of the HouseOral Questions

May 8th, 2008 / 3:05 p.m.
See context

York—Simcoe Ontario


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

Mr. Speaker, the government took a major step forward this week to maintain a competitive economy, our theme for this week, and I am happy to advise the House that yesterday the Standing Committee on Finance agreed to report the budget implementation bill back to the House by May 28.

This is excellent news. The budget bill ensures a balanced budget, controls spending, and invests in priority areas.

This week also saw the passage of Bill C-23, which amends the Canada Marine Act, and Bill C-5 on nuclear liability at report stage.

Today, we are debating a confidence motion on the government’s handling of the economy. We fully expect, notwithstanding the minority status of our government, that this House of Commons will, once again, express its support for the government’s sound management of Canada’s finances and the economy.

Tomorrow, will we continue with maintaining a competitive economy week by debating our bill to implement our free trade agreement with the countries of the European Free Trade Association. It is the first free trade agreement signed in six years and represents our commitment to finding new markets for the goods and services Canadians produce.

If there is time, we will also debate Bill C-14, which would allow enterprises choice for communicating with customers; Bill C-7, to modernize our aeronautics sector; Bill C-32, to modernize our fisheries sector; Bill C-43, to modernize our custom rules; Bill C-39, to modernize the Grain Act for farmers; and Bill C-46, to give farmers more choice in marketing grain.

The government believes strongly in the principle of democracy and the fundamental importance of human rights. Next week we will show our support for that with strengthening democracy and human rights week. The week will start with debate on Bill C-30, our specific land claims bill. The bill would create an independent tribunal made up of superior court judges to help resolve the specific claims of first nations and will, hopefully, speed up the resolution about standing claims.

We will debate Bill C-34, which is our bill to give effect to the Tsawwassen First Nation final agreement. We will debate our bill to provide basic rights to on reserve individuals, Bill C-47, to protect them and their children in the event of a relationship breakdown, rights that off reserve Canadians enjoy every day.

As I said, we are committed to strengthening democracy in Canada. Yesterday, I had an excellent discussion on Senate reform with members of the Senate legal and constitutional affairs committee. That discussion will continue in this House next week when we debate our bill to limit the terms of senators to eight years from the current maximum of 45, as foreseen in Bill C-19.

We will also debate our bill to close the loophole used by leadership candidates to bypass the personal contribution limit provisions of the election financing laws with large, personal loans from wealthy powerful individuals and ensure we eliminate the influence of big money in the political process.

With regard to the question about estimates, there are, as the opposition House leader knows, two evenings that must be scheduled for committee of the whole in the House to deal with those estimates. Those days will be scheduled over the next two weeks that we sit so they may be completed before May 31, as contemplated in the Standing Orders.

There have been consultations, Mr. Speaker, and I believe you would find the unanimous consent of the House for the following:

That, notwithstanding any Standing Order or usual practices of the House, on Friday, May 9, starting at noon and ending at the normal hour of daily adjournment, no quorum calls, dilatory motions or requests for unanimous consent shall be received by the Chair.

Tsawwassen First Nation Final Agreement ActRoutine Proceedings

December 6th, 2007 / 10:10 a.m.
See context

Chilliwack—Fraser Canyon B.C.


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-34, An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts.

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