Bill C-34 (Historical)

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

Reference to Standing Committee on Procedure and House Affairs

[Ralph Goodale, Liberal, Wascana, SK]

Mr. Speaker, I rise on a point of order. Before we proceed to that item, in view of the general support that has been expressed in the House earlier with respect to Bill C-34 dealing with Tsawwassen, I wonder, in the interests of expediting that matter, if we might, now by unanimous consent, deem that bill read a third time and passed?

Motions in Amendment

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, as a member of the Standing Committee on Aboriginal Affairs and Northern Development, I am pleased to speak today to Bill C-34.

The Tsawwassen First Nation final agreement was negotiated by Canada, the Province of British Columbia and the Tsawwassen First Nation.

Tsawwassen treaty negotiations began 15 years ago in 1993. Tsawwassen members ratified the final agreement through a community vote, with 70% of eligible members voting in favour. In October 2007, the Province of British Columbia introduced and subsequently passed settlement legislation to ratify the Tsawwassen final agreement.

The majority of the clauses in Bill C-34, which have been proposed for deletion, are fundamental to the Tsawwassen First Nation final agreement. The effect of removing these clauses would render Canada unable to fulfill the commitments it has made in the final agreement. In fact, deleting these clauses would effectively result in Canada not ratifying the Tsawwassen First Nation final agreement.

Canada negotiated the Tsawwassen First Nation final agreement in good faith and we are fully committed to implementing this agreement with all its provisions and commitments. To delete these fundamental clauses of Bill C-34 would be unacceptable, unfair to the parties and to the agreement, and a dishonour to the Crown.

When Tsawwassen chief, Kim Baird, addressed the provincial assembly in November, she said that one of the most important things the Tsawwassen treaty achieved was a new relationship between the Tsawwassen, British Columbia and Canada, that it achieved reconciliation, that true reconciliation signified real action and tangible change and that true reconciliation was the product of this treaty.

I am proud of the Tsawwassen First Nation final agreement and all Canadians can be proud of this treaty. It represents a positive and tangible step forward in building a new relationship with the Tsawwassen First Nation and the Crown.

I would like to take this opportunity, however, to address concerns that have been expressed about the possible impact of tax sharing arrangements on non-member residents of Tsawwassen First Nation lands. No such tax sharing arrangements have been concluded and may not be concluded for many years.

However, the Government of Canada supports the exercise of tax powers by first nations and has a well established policy approach for negotiating tax sharing arrangements with aboriginal governments. About 40 such arrangements have already been concluded under existing legal frameworks, such as the First Nations Goods and Services Tax Act enacted by Parliament in 2003.

Such GST and personal income tax arrangements are outside the treaty and would not change the amount of tax that non-member residents of first nation lands would pay, how they pay their taxes or what they receive in the way of federal services or benefits. These tax arrangements will not affect the ability of resident non-members to vote in federal or provincial elections or to make their views known.

The Tsawwassen treaty itself does not give the Tsawwassen First Nation the ability to impose taxes on non-members of the first nation. The first nations tax system only applies to non-Tsawwassen members through government to government agreements outside the treaty. Canada will only answer these arrangements under conditions that would protect non-members' interests, such as full harmonization and coordination with the corresponding federal tax.

There would be no additional tax burden on non-members. GST and income tax would continue to apply in exactly the same way as enacted by Parliament in federal tax legislation, using the same rates, the same rules and the same Canada Revenue Agency forms, administration and recourse processes.

Based on delegated, discretionary and terminable tax arrangements, Parliament retains ongoing political accountability for the application of the tax to non-members and for its decision to share tax room. Under these circumstances, these arrangements do respect the principle of representation.

Tax sharing arrangements would also include mechanisms to contain the amount of forgone federal revenue where, for example, non-members of the first nations account for a significant proportion of the first nation tax base. For instance, if such a tax arrangement were in place now, the Department of Finance estimates that about 40% of the total personal income tax derived from all residents of Tsawwassen lands would be shared with Tsawwassen and Canada would retain 60%.

Finally, I would stress that these taxes would apply equally to members of the Tsawwassen First Nation. The Tsawwassen treaty will end the existing Indian Act tax exemption following an agreed upon transition period. It, therefore, encourages the first nation to exercise its tax powers. These taxes would generate revenues that would help to fund the first nation's programs and services. They would contribute to the shared responsibility for funding self-government and reduce dependence on federal transfers. They would also encourage greater accountability between the first nation and its citizens and thereby promote better governance.

It is clear that it is important that Parliament pass Bill C-34 in the form in which it was ratified by Tsawwassen members and by the British Columbia legislature.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, it is an honour for me to rise today to speak in support of Bill C-34 and to denounce the amendments that the member for Delta—Richmond East has brought before the House.

They are not simple amendments that would change a small bit of a bill or certain specific aspects of the bill. They are so broad that they would gut the bill, in essence, and there would be no treaty. The amendments attack everything from the taxation provisions to the provision of fish and wildlife for food and ceremonial purposes.

The amendments attack the provision that would provide for some economic development and some participation in the resources of the Tsawwassen people. That would be the commercial sale of salmon.

The amendments denounce or take away the issue of financial assistance that the Tsawwassen people would require in order to implement the provisions of the treaty. They also say that the Tsawwassen people should not have the ability to make laws for themselves, which is the essence of land claims and the issue of self-determination.

The amendments talk about the issue of the Charter of Rights and Freedoms not applying. That is totally misleading. It would apply. It says so in the treaty. It says so in this particular act, which purports to implement the treaty.

The amendments also talk about the provisions of the bill that would basically stop businesses from starting on the reserve.

All of those things fly in the face of what the Minister of Indian Affairs testified at committee on June 4. Indeed, he used language to say that there are “misleading interpretations” of provisions in the act and that he wanted to set the record straight.

I am just wondering if the member for Delta—Richmond East has had an opportunity to have a chat with the Minister of Indian Affairs. I wonder how the two could be so diametrically opposed.

We have the minister saying one thing. We have a government bill that has been presented to the House. It has taken years and years of hard work, if not decades, in order to reach this particular point. Then we have a couple of members, the member for Delta—Richmond East and the member for Calgary Northeast, saying something that is the total opposite.

I find it remarkable that this seems to happen only on the aboriginal file. Perhaps people can find or others can point to other instances in the House, but it seems like it is only on the aboriginal file that the Prime Minister allows people to oppose the government's own legislation.

Why is it that one can stand in the House on one day and make an apology based on historic grounds, on a tragic episode in our country's history, and call for a new day of reconciliation, of tolerance, a reconciliation of aboriginal and non-aboriginal people, and then tolerate what the Minister of Indian Affairs himself said are “misleading interpretations”?

We need to reflect a little. I want to quote from some of the notes that were prepared for us in the committee.

The notes are about the Tsawwassen people and the Tsawwassen First Nation, who are “a Coast Salish group whose historical use of the southern Strait of Georgia and the lower Fraser River and their environs is well documented”. It is well documented because the Tsawwassen people, like so many indigenous and aboriginal peoples around the country, have been there from time immemorial, but then it is noted, “Over time, [the Tsawwassen First Nation] lost the use of all but a fraction of its claimed traditional territory”.

Therefore, we have indigenous people with indigenous rights, aboriginal people with aboriginal rights, living in the historic lands that they have always occupied. They have lost much of it by the encroachment of others, and now we have arrived at a place where we are trying to reconcile that.

Believe me, there is no way that one can look at the traditional land use and occupancy of the Tsawwassen and think even for a second that the band members are getting that land back. They are getting only a fraction of that land back under this particular treaty.

To say that we should not have modern treaties, which is basically the essence of what a couple of members on the other side are saying, is to fly in the face of longstanding policy in this country. I think back to Labrador, where we have had a land claim accepted for the Innu Nation since 1978, one that has not been fully negotiated out and finalized. I think about the Labrador Métis Nation, which filed a land claim in 1990 and is still awaiting a decision from the federal government on whether it should negotiate or not.

The longstanding policy in this country is based on mutual respect, the recognition of the law and the many court cases that have gone to the Supreme Court of Canada which state that aboriginal people have rights and they have rights to their land and resources. For the member opposite to introduce these amendments is to fly in the face of the treaty itself and the comprehensive land claims policy that we have been working with since as early as 1975. Of course, there have been many variations on it.

The Tsawwassen treaty itself points to the need for certainty. The various provisions of the treaty point out the specifics that have been agreed on. It is not what everybody is happy with, but it is a compromise. It is something that people can live with. It is a treaty whereby people on the reserve lands and also those outside those lands can see some hope in terms of where the Tsawwassen people should be and want to be in Canadian society.

It brings back a bit of a déjà vu time. I recall watching the ratification of the Nisga'a treaty. It happened in the House. The minister of Indian affairs at the time, who had been the opposition critic, introduced 471 amendments to that particular treaty, trying to kill it.

So as for the voices I hear from the two particular members on the other side, they are not voices that have not been heard in the Conservative Party or the Reform or Alliance parties. Indeed, they are consistent with the voices and the objectives of certain individuals in whatever manifestation that particular party had at the time.

I want to close on a positive note. I want to quote Chief Baird, who appeared at the aboriginal affairs committee. She stated:

--I have to say this treaty is a good deal for Tsawwassen First Nation. My responsibility was to negotiate the best treaty I could for my community. I had to be pragmatic and accept things that weren't palatable, but the overall impact will transform my community.

We could not afford to wait for the perfect agreement. The world is changing, and we have to change as well. The poverty and inadequate governance structure of the Indian Act is not sustainable. I refuse to see another generation lost.

She went on to say:

We recognize that the treaty is only a tool box. Hard work is still required, but at least it can be done with tools that can make a difference. We will have to work on poor education rates and underemployment and...[get rid] of poor socio-economic conditions. We have never fooled ourselves that a treaty would be utopia with a bow on it.

It is with great pride, optimism, and determination that we face our destiny. We have already turned all our energy toward implementing the treaty, and for us there is no turning back.

This is not just about the technical or legal issues that the member opposite likes to raise. It is also about a future for the Tsawwassen people, their children and their grandchildren.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-34, specifically to indicate that New Democrats will be opposing the proposed amendments. I want to put this into context.

The Tsawwassen first nation treaty is the first urban treaty in modern day British Columbia. In the address that Chief Kim Baird gave to the provincial legislature, she outlined many reasons why British Columbians and all Canadians should support this treaty. I want to use a couple of her words. Chief Baird said:

Critics choose to ignore Tsawwassen's history of being a victim of industrial and urban development to the benefit of everyone but us. The naysayers do not seem to care that they are calling for the continued exclusion of Tsawwassen from opportunities everyone else has enjoyed. “So what of Tsawwassen First Nations legitimate economic needs? So what of Tsawwassen First Nations land base needs? Let's just continue to ignore Tsawwassen First Nations needs”.

I try not to become too disheartened, and I hope the members of my community take the same approach, because the facts speak for themselves. Today we have a tiny postage stamp of a reserve, a small fraction of a percentage of our traditional territory fronting a dead body of water trapped between two massive industrial operations. Our land and aquatic ecosystems have been fouled beyond human comprehension.

Later on in her speech, she says:

I think I can say on my and my community's behalf that true reconciliation requires this treaty receive broad support. I want our treaty to have the support of as many parties and individuals as possible. To have it become a political football due to various specific public policy issues, in my view, sullies the whole point of true reconciliation.

Compromises are indeed difficult but also very necessary....

This treaty has been under negotiation for many years. In fact, over 14 years of negotiation have gone into this treaty.

In the Tsawwassen treaty summary and key benefits, the Tsawwassen people talk about a new relationship. They say:

The treaty, signed on December 6th, represents a new relationship between Canada, British Columbia, and Tsawwassen First Nation. It begins the process of reconciliation, and sets TFN on the path towards self-sufficiency. Tsawwassen First Nation becomes a full partner with its provincial and federal counterparts, and undertakes the rights and obligations of its section 35 responsibilities. The treaty is not a windfall, nor is it perfect. It represents a compromise borne out of difficult and complex negotiations. It also represents a significant challenge to Tsawwassen First Nation: the responsibilities of treaty present a set of policy and operational challenges that TFN recognizes and is preparing for.

In any agreement that is developed there are often differences of opinion. Because this treaty has been in negotiation for many years, has gone through the provincial legislature and has now come to the House of Commons for ratification, I argue that there has been much discussion and review, especially in light of the historic apology that happened last Wednesday in the House. I think for many people it signals a step forward into a new era of recognizing nation to nation respect and status. This treaty is a way to signal that intent is truly there.

I want to also put it into a couple of other perspectives and one is an international perspective.

Under the United Nations Declaration on the Rights of Indigenous People, article 26 says:

1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.

2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Tsawwassen grandmothers and grandfathers and great grandmothers and great grandfathers for centuries have lived on the Lower Mainland and in areas around there, using the land and the sea to feed, clothe and house their people.

Many of us in the House support the UN declaration in terms of recognizing the rights of indigenous peoples to their lands and territories and to their economic self-sufficiency. This treaty would be an opportunity to signal, although Canada has not acknowledged the UN declaration, that at least we acknowledge the Tsawwassen people have the right to a small part of their traditional territory.

I want to go back, also in terms of historical context, to the report by the Royal Commission on Aboriginal Peoples in volume two, “Restructuring the Relationship”. The commission spent a fair bit of time covering and talking about the importance of treaties.

The commission talked about the historical need for justice and reconciliation. It quoted Josephine Sandy from the Ojibwa Tribal Family Services. She said:

Our people have always understood that we must be able to continue to live our lives in accordance with our culture and spirituality. Our elders have taught us that this spirit and intent of our treaty relationship must last as long as the rivers flow and the sun shines. We must wait however long it takes for non-Aboriginal people to understand and respect our way of life. This will be the respect that the treaty relationship between us calls for.

In this context, this treaty is a very important piece of having Tsawwassen and its neighbours move forward with some certainty, whether it is economic or social. It allows both the Tsawwassen and the surrounding community to establish that forward looking relationship, which will allow all to benefit economically and socially.

The same report talks about the need for reconciliation as being a way to move forward. Again, I know Chief Kim Baird talked about reconciliation. She talked about the fact that the treaty was compromised. The report states:

By reconciliation we mean more than just giving effect to a treaty hunting right or securing the restoration of reserve land taken unfairly or illegally in the past. We mean embracing the spirit and intent of the treaty relationship itself, a relationship of mutual trust and loyalty, as the framework for a vibrant and respectful new relationship between peoples.

New attitudes must be fostered to bring about this new relationship. A consensus will have to evolve that the treaty relationship continues to be of mutual benefit. New institutions must be created to bring this relationship into being. At present, the relationship between the treaty parties is mired in ignorance, mistrust and prejudice. Indeed, this has been the case for generations.

In 1996, 12 years ago when the RCAP report came out, there was a signal that the need for reconciliation was so important, both to the first nations and to the non-first nations communities. It is a call for us to find ways to build collectively together to move forward, to establish some trust, to establish those long term relationships that can truly make a difference for both the first nations and the non-first nations community.

In the conclusion of the recommendations, although some of these have been covered, it talked about fulfillment of historical treaties. In this case we are talking about the signing of a treaty and not the fulfillment. Under the recommendations, the commission recommends:

The parties implement the historical treaties from the perspective of both justice and reconciliation:

(a) Justice requires the fulfilment of the agreed terms of the treaties, as recorded in the treaty text and supplemented by oral evidence.

(b) Reconciliation requires the establishment of proper principles to govern the continuing treaty relationship and to complete treaties that are incomplete because of the absence of consensus.

I think the treaty is an opportunity to heal some of those long-standing wounds that exist with the first nations. It is an opportunity to recognize the contribution that first nations make to this country and will continue to make. It is an opportunity to truly move forward.

In the conclusion of Chief Baird's speech to the legislature, she talks about the fact that:

Our treaty is the right fit for our nation. More land, cash and resources provide us the opportunity to create a healthy and viable community, free from the constraints of the Indian Act. We now have the tools to operate as a self-governing nation for the first time in 131 years, since the first Indian Act was introduced.

The Tsawwassen treaty, clause by clause, emphasizes self-reliance, personal responsibility and modern education. It allows us to pursue meaningful employment from the resources of our territory for our own people or, in other words, a quality of life comparable to other British Columbians.

The NDP will not support the amendments as proposed. We encourage members of the House to move quickly to ensure this treaty moves through the House and on into the Senate.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I am pleased to speak about the present file and particularly about the amendments proposed by the member for Delta—Richmond East.

From the outset, I should say that the Bloc Québécois will not support these motions, and I hope that all of the members in the House, with the exception of the two Conservative members, will vote against these motions. The two Conservative members—the member for Delta—Richmond East and his colleague—will perhaps be the only two in the House to vote against an agreement that has been reached between aboriginals and the governments of British Columbia and Canada.

Why is this bill so important for the Bloc Québécois? Because it talks about autonomy and negotiation between nations.

I think that my colleague, the member for Delta—Richmond East, missed some history classes. If he thinks that the Standing Committee on Aboriginal Affairs and Northern Development, for which I am the Bloc Québécois critic, did not adequately study this bill, I must tell him that not only did we study it very carefully, but we also received documents to prove what I am about to say. I am sure that my colleague was not alive, nor was his grandfather, nor his great-great grandfather when, in 400 B.C., reference was made to Tsawwassen being in the Vancouver delta. I think that they have a right.

Better yet, there is more, because my colleague thinks that all rights are to be taken for granted. He thinks that because white people came along, the Indians should make way. That is what my colleague opposite wants. In 1851—and I did not make this up, this is from the research results we were given, results that were double-checked—Tsawwassen territory was split in two by the establishment of the Canadian territory and the United States. That predated 1867 and, unfortunately for my colleague opposite, unfortunately for the member for Delta—Richmond East, that was long before he, his parents, his grandparents, or his great-grandparents came into this world. So I think that the aboriginals have some long-standing rights.

The Tsawwassen reserve was created in 1871. That was four years after Canada became a country. To my knowledge, British Columbia did not even exist then. See how the facts have been twisted. When talking about what is going on now, we have to remember that in 1874, the reserve included 490 acres in the Vancouver port and the delta.

The surprising thing is that they are now telling us that it does not exist, that the Indians can be shoved aside. That is bizarre because in 1906, the chiefs went to England—there is evidence supporting that—to ask for their traditional lands back. How would the member for Delta—Richmond East solve the problem? He would solve it by sticking the Indians in the lake or the river, anywhere at all, as long as he could get rid of them and make room for nice white people. He should be ashamed.

The member is part of the government. His government is responsible for this bill. The member is taking issue with a bill introduced by his own government. Not only is he challenging it, but he is introducing amendments that, if passed, would rob Bill C-34 of everything that was agreed to, of everything that was discussed and addressed in the treaty between the Tsawwassen and the governments of Canada and British Columbia. So much for self-determination. Bizarre actions like these lead us to believe that his government's apology was nothing but lip service. The member for Delta—Richmond East is part of the government that apologized just last week.

The ink on the documents is not even dry yet. It was only a week ago Wednesday that the government issued a formal apology for the ethnocide of aboriginals. It was indeed an ethnocide, that is, causing a people to lose their status, thus destroying their culture. That is exactly what was done to aboriginals on reserves who were sent to residential schools. It would certainly make things easier for the member if we could do the same thing to the people of Tsawwassen. If we could get them out of the way, that would take care of the problem. It would done with, one could say.

But my hon. colleague should know that aboriginals, especially with this treaty, will probably take much better care of the salmon. Actually, he seems to care more about the salmon issue than he does about first nations. That is not to say that I am not concerned about the salmon. In fact, with this agreement, the first nations peoples will be able to take much better care of the salmon than the white people that some would like to replace them with.

Furthermore, the agreement also proposes that the Tsawwassen nation, which negotiated nation to nation with British Columbia and Canada, be able to sit at the same table as the regional committee in the Delta and Vancouver area, in order to allow the same developments.

I saw the stocks. I went to see for myself. I find it exceptional, and I say this out of respect for the current government. Once again, I would like to repeat to my hon. colleague from Delta—Richmond East that negotiations began on this agreement in 2003. It has not been merely a couple weeks or a couple months. They have been going on since 2003 and even earlier. An agreement was reached with British Columbia and Canada around 2003 and, since that time, people from the Tsawwassen nation have come to Ottawa several times. They have met with the Standing Committee on Aboriginal Affairs and Northern Development several times to move this file forward.

For once, a file is finally making some progress in this government and I find it appalling that a member—a government member, at that—would put forward such a proposal to destroy his own government's bill. It makes no sense.

It is important to look at what they are claiming. At first, I thought they wanted half of British Colombia. I thought to myself that this made no sense. But no, it would give them 724 hectares of land. Sure, maybe the land is a prime location, in a commercial area. It is true that the Vancouver port will perhaps not be able to expand as it wanted to. It will just need to come to an agreement with the Tsawwassen First Nation. That is it. Finally, they can deal with each other as equals. The objective of the agreement, of the treaty, is to be able to negotiate as equals, as nations.

That is why the Bloc is in favour of this. The Tsawwassen agreement is the first of its kind below the 60th parallel. We think it could have a significant impact on other land claims.

I realize I am running out of time. I urge all of my colleagues in the House to vote in favour of this bill, with the exception of those two members. I would like to teach them a lesson so that they understand once and for all. I would like us to all vote in favour of this bill. Thus, the aboriginals of Tsawwassen will be able to finally reclaim their land, to get back what is rightfully theirs.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I am somewhat surprised, and in a few minutes, I will explain why. I am stunned and disappointed. My colleague opposite's position is unacceptable, and I hope that other members of his party will vote against these motions that—I will try to choose my words carefully here, but it is hard for me—seem to me to be infused with paternalism, smugness and disrespect despite the fact that not even a week ago—the ink is still wet—the government apologized for what was done to aboriginals in Indian residential schools.

I studied Bill C-34 very closely, from all angles. The Standing Committee on Aboriginal Affairs and Northern Development also studied it thoroughly.

The final agreement covers approximately 724 hectares of treaty settlement land including approximately 290 hectares of former reserve lands. These lands belonged to the Indians, not to the whites, because the Indians were there first. The aboriginals will get 372 hectares of provincial Crown land belonging to British Columbia back, and the first nation will also own in fee simple 62 hectares of waterfront land comprised of the Boundary Bay and Fraser River parcels.

I do not understand what gives them the right to say that the aboriginals, under this agreement that took five years to negotiate, do not have rights to these lands that belong to them. I would really like him to explain that.

Speaker's Ruling

[The Acting Speaker, Royal Galipeau]

I must first share with the House a ruling by the Speaker on Bill C-34, An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts.

There are nine motions in amendment standing on the notice paper for the report stage of Bill C-34.

Motions Nos. 1 to 9 will be grouped for debate and voted upon according to the voting pattern available at the table.

The House proceeded to the consideration of Bill C-34, An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts, as reported (without amendment) from the committee.

Extension of Sitting Hours

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, I would like at this time to move the standard motion that can be made only today. I move:

That, pursuant to Standing Order 27(1), commencing on Monday, June 9, 2008, and concluding on Thursday, June 19, 2008, the House shall continue to sit until 11:00 p.m.

Mr. Speaker, as I indicated last week in answer to the Thursday statement, this is we have work to do week. To kick off the week, we are introducing the customary motion to extend the daily sitting hours of the House for the final two weeks of the spring session. This is a motion which is so significant there is actually a specific Standing Order contemplating it, because it is the normal practice of this House, come this point in the parliamentary cycle, that we work additional hours and sit late to conduct business.

In fact, since 1982, when the House adopted a fixed calendar, such a motion has never been defeated. I underline that since a fixed calendar was adopted, such a motion has never been defeated. As a consequence, we know that today when we deal with this motion, we will discover whether the opposition parties are interested in doing the work that they have been sent here to do, or whether they are simply here to collect paycheques, take it easy and head off on a three month vacation.

On 11 of those occasions, sitting hours were extended using this motion. On six other occasions, the House used a different motion to extend the sitting hours in June. This includes the last three years of minority government.

This is not surprising. Canadians expect their members of Parliament to work hard to advance their priorities. They would not look kindly on any party that was too lazy to work a few extra hours to get as much done as possible before the three month summer break. There is a lot to get done.

In the October 2007 Speech from the Throne, we laid out our legislative agenda. It set out an agenda of clear goals focusing on five priorities to: rigorously defend Canada's sovereignty and place in the world; strengthen the federation and modernize our democratic institutions; provide effective, competitive economic leadership to maintain a competitive economy; tackle crime and strengthen the security of Canadians; and improve the environment and the health of Canadians. In the subsequent months, we made substantial progress on these priorities.

We passed the Speech from the Throne which laid out our legislative agenda including our environmental policy. Parliament passed Bill C-2, the Tackling Violent Crime Act, to make our streets and communities safer by tackling violent crime. Parliament passed Bill C-28, which implemented the 2007 economic statement. That bill reduced taxes for all Canadians, including reductions in personal income and business taxes, and the reduction of the GST to 5%.

I would like to point out that since coming into office, this government has reduced the overall tax burden for Canadians and businesses by about $190 billion, bringing taxes to their lowest level in 50 years.

We have moved forward on our food and consumer safety action plan by introducing a new Canada consumer product safety act and amendments to the Food and Drugs Act.

We have taken important steps to improve the living conditions of first nations. For example, first nations will hopefully soon have long overdue protection under the Canadian Human Rights Act, and Bill C-30 has been passed by the House to accelerate the resolution of specific land claims.

Parliament also passed the 2008 budget. This was a balanced, focused and prudent budget to strengthen Canada amid global economic uncertainty. Budget 2008 continues to reduce debt, focuses government spending and provides additional support for sectors of the economy that are struggling in this period of uncertainty.

As well, the House adopted a motion to endorse the extension of Canada's mission in Afghanistan, with a renewed focus on reconstruction and development to help the people of Afghanistan rebuild their country.

These are significant achievements and they illustrate a record of real results. All parliamentarians should be proud of the work we have accomplished so far in this session. However, there is a lot of work that still needs to be done.

As I have stated in previous weekly statements, our top priority is to secure passage of Bill C-50, the 2008 budget implementation bill.

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 keep our economy competitive.

Through the budget implementation bill, we are investing in the priorities of Canadians.

These priorities include: $500 million to help improve public transit, $400 million to help recruit front line police officers, nearly $250 million for carbon capture and storage projects in Saskatchewan and Nova Scotia, and $100 million for the Mental Health Commission of Canada to help Canadians facing mental health and homelessness challenges.

These investments, however, could be threatened if the bill does not pass before the summer. That is why I am hopeful that the bill will be passed by the House later today.

The budget bill is not our only priority. Today the House completed debate at report stage on Bill C-29, which would create a modern, transparent, accountable process for the reporting of political loans. We will vote on this bill tomorrow and debate at third reading will begin shortly thereafter.

We also wish to pass Bill C-55, which implements our free trade agreement with 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.

Given that the international trade committee endorsed the agreement earlier this year, I am optimistic that the House will be able to pass this bill before we adjourn.

On Friday we introduced Bill C-60, which responds to recent decisions relating to courts martial. That is an important bill that must be passed on a time line. Quick passage is necessary to ensure the effectiveness of our military justice system.

Last week the aboriginal affairs committee reported Bill C-34, which implements the Tsawwassen First Nation final agreement. This bill has all-party support in the House. Passage of the bill this week would complement our other achievements for first nations, including the apology on Wednesday to the survivors of residential schools.

These are important bills that we think should be given an opportunity to pass. That is why we need to continue to work hard, as our rules contemplate.

The government would also like to take advantage of extended hours to advance important crime and security measures. Important justice measures are still before the House, such as: Bill S-3, the anti-terrorism act; Bill C-53, the auto theft bill; Bill C-45 to modernize the military justice system; and Bill C-60, which responds to recent court martial decisions.

There are a number of other bills that we would like to see advanced in order to improve the management of the economy. There are other economic bills we would like to advance.

These include Bill C-7, to modernize our aeronautics sector, Bill C-5, dealing with nuclear liability, 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-57, to modernize the election process for the Canadian Wheat Board, Bill C-14, to allow enterprises choice for communicating with customers, and Bill C-32, to modernize our fisheries sector.

If time permits, there are numerous other bills that we would like to advance.

These include Bill C-51, to ensure that food and products available in Canada are safe for consumers, Bill C-54, to ensure safety and security with respect to pathogens and toxins, Bill C-56, to ensure public protection with respect to the transportation of dangerous goods, Bill C-19, to limit the terms of senators to 8 years from a current maximum of 45, and Bill C-22, to provide fairness in representation in the House of Commons.

It is clear a lot of work remains before the House. Unfortunately, a number of bills have been delayed by the opposition through hoist amendments. Given these delays, it is only fair that the House extend its sitting hours to complete the bills on the order paper. As I have indicated, we still have to deal with a lot of bills.

We have seen a pattern in this Parliament where the opposition parties have decided to tie up committees to prevent the work of the people being done. They have done delay and obstruction as they did most dramatically on our crime agenda. They do not bother to come and vote one-third of time in the House of Commons. Their voting records has shown that. All of this is part of a pattern of people who are reluctant to work hard.

The government is prepared to work hard and the rules contemplate that it work hard. In fact, on every occasion, when permission has been sought at this point in the parliamentary calendar to sit extended hours, the House has granted permission, including in minority Parliaments.

If that does not happen, it will be clear to Canadians that the opposition parties do not want to work hard and are not interested in debating the important policy issues facing our country. Is it any wonder that we have had a question period dominated not by public policy questions, but dominated entirely by trivia and issues that do not matter to ordinary Canadians.

The government has been working hard to advance its agenda, to advance the agenda that we talked about with Canadians in the last election, to work on the priorities that matter to ordinary Canadians, and we are seeking the consent of the House to do this.

Before concluding, I point out, once again, that extending the daily sitting hours for the last two weeks of June is a common practice. Marleau and Montpetit, at page 346, state this is:

—a long-standing practice whereby, prior to the prorogation of the Parliament or the start of the summer recess, the House would arrange for longer hours of sitting in order to complete or advance its business.

As I stated earlier, it was first formalized in the Standing Orders in 1982 when the House adopted a fixed calendar. Before then, the House often met on the weekend or continued its sittings into July to complete its work. Since 1982, the House has agreed on 11 occasions to extend the hours of sitting in the last two weeks of June.

Therefore, the motion is a routine motion designed to facilitate the business of the House and I expect it will be supported by all members. We are sent here to engage in very important business for the people of Canada. Frankly, the members in the House are paid very generously to do that work. Canadians expect them to do that work and expect them to put in the time that the rules contemplate.

All member of the House, if they seek that privilege from Canadian voters, should be prepared to do the work the rules contemplate. They should be prepared to come here to vote, to come here to debate the issues, to come here for the hours that the rules contemplate. If they are not prepared to do that work, they should step aside and turnover their obligations to people who are willing to do that work.

There is important work to be done on the commitments we made in the Speech from the Throne. I am therefore seeking the support of all members to extend our sitting hours, so we can complete work on our priorities before we adjourn for the summer. This will allow members to demonstrate results to Canadians when we return to our constituencies in two weeks.

Not very many Canadians have the privilege of the time that we have at home in our ridings, away from our work. People do not begrudge us those privileges. They think it is important for us to connect with them. However, what they expect in return is for us to work hard. They expect us to put in the hours. They expect us to carry on business in a professional fashion. The motion is all about that. It is about doing what the rules have contemplated, what has always been authorized by the House any time it has been asked, since the rule was instituted in 1982. That is why I would ask the House to support the motion to extend the hours.

Aboriginal Affairs and Northern Development

[Barry Devolin, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I have the honour to present, in both official languages, the fifth report of the Standing Committee on Aboriginal Affairs and Northern Development. In accordance with the order of reference of Monday, May 26 the committee has considered Bill C-34, the Tsawwassen first nation final agreement act, and has agreed to report it without amendment.

Business of the House

[Peter Van Loan, Conservative, Leader 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 Women

[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?

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—

Business of the House

[Peter Van Loan, Conservative, Leader 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.