Bill C-28 (Historical)

An Act to amend the Cree-Naskapi (of Quebec) Act

This enactment amends the Cree-Naskapi (of Quebec) Act, in respect of Cree bands and Category IA land,
(a) to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and
(b) to recognize the Crees of Oujé-Bougoumou as a separate band and a local government under that Act.

Cree-Naskapi (of Quebec) Act

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

Madam Speaker, it must be a shock for the minister. Though he was not able to hear it, I actually acknowledged that the process over the last two years was fair and reasonable and that I appreciated how it was expedited. Maybe I did not actually get the words “Conservative government” out there, but there certainly is a shift in relationship, and I think it is a positive shift.

With regard to arbitration, I believe I did say that both parties have to agree to arbitration. I acknowledge it is important that first nations have the right to not go to arbitration.

We have seen in the past, and I am referring to the land claims coalition, that it has indicated the government has been unwilling to go to arbitration. In fact the land claims implementation is a very sore point for other nations that have signed land claims or self-government agreements. Again, it does not rest with the current government that in the past the land claims implementation has been a slow and painful process. I have looked at some of the previous Auditor General reports stating that governments not only need to implement the letter of the agreement, they need to look at the spirit and the intent. We have seen in the past with regard to land claims agreements that the department has crossed every t and dotted every i and looked for every possible way to not implement those agreements.

I know the land claims coalition will be in town next week. In the spirit of Bill C-28, since we have seen this move to improve relationships, I am ever hopeful that we will see some movement in terms of implementing those agreements in a fulsome way, honouring the spirit and intent of them.

With regard to the dispute resolution, I think it is going to be important for us to review how successful the dispute resolution mechanism has been once it is fully implemented and people have had an opportunity to use it. If it is successful, that may be a model that other nations want to look at adopting aspects of, as it fits their particular communities.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Madam Speaker, thank you for giving me the opportunity to rise here today to take part in the debate on Bill C-28.

I listened to the constructive comments made a member of the Standing Committee on Aboriginal Affairs and Northern Development, the hon. member for Nanaimo—Cowichan. It is nice to see such a constructive debate on a bill introduced by my hon. colleague, the Minister of Indian Affairs and Northern Development, the hon. member for Chilliwack—Fraser Canyon. It is nice to see the work accomplished by my colleague, the minister, in this file. As we have just seen, the best compliments we can receive are those of the opposition. We have just heard some very constructive comments in that regard. He was also supported by the team from Indian and Northern Affairs Canada, which I had the pleasure to serve, unfortunately not with the current minister, for obvious reasons. Nevertheless, I believe that this bill is the result of very hard work under the leadership of our minister.

Why is Bill C-28 so important? Because it amends the Cree-Naskapi (of Quebec) Act. Consider, for instance, the James Bay Cree and the Naskapi in the communities of Schefferville. This legislation enshrines their rights in Canadian law through a new relationship, as we have just heard. It was negotiated and signed by representatives of the Government of Canada and the Cree of northern Quebec.

The agreement concerning a new relationship is not an ordinary political document; nor is it a measure aimed at correcting an oversight or eliminating a loophole in existing law. Neither is it a standard commercial contract to be put aside as soon as the ink is dry.

The agreement concerns a new relationship and it marks a real milestone in the history of our country. It settles long-standing disagreements between the federal government and the Cree of northern Quebec. It assigns federal responsibilities in key policy fields to the Cree regional administration. It makes available to all governments—federal, provincial and Cree—a clear, equitable and logical method of achieving the essential objective of ensuring that the Cree people of northern Quebec will have genuine self-government.

As a matter of fact, if it succeeds in these three important objectives, the agreement concerning this new relationship will have accomplished what we should expect, that is, the establishment of a solid base on which the Government of Canada and the Cree can build this new relationship.

This is a relationship based on principles such as equality, confidence and mutual respect, which integrates the Cree more closely into the economic and political life of Quebec. It is a relationship that takes us out of the courtrooms and lawyers' offices and brings us together so that we can devote our time and energy to something truly worthwhile, namely, working to develop aboriginal communities, to strengthen families and to build communities where education, housing, and occupational, recreational, community and economic activity can fully develop. Those are the noble objectives at the heart of this agreement concerning this new relationship.

What is more important is that it not only provides tangible benefits to all the parties; but it turns loose some powerful forces within first nations communities, because they have ambitions. I am thinking, as I mentioned, of the nine communities in northern Quebec that lie east of James Bay and south of Hudson Bay. I think, among others, of Joe Linklater, chief of the Gwitchin Vuntut First Nation in the Yukon, who has spoken forcefully of the continuing usefulness of the kind of treaty that we are discussing today and of its impact on first nations communities. Here is what he said last year in his testimony to a Senate committee: “I keep telling people that these agreements have not been negotiated to obtain resources for us; they are negotiated to give us the ability to take charge of our lives and to become self-reliant.”

He speaks of taking charge and becoming self-reliant. Those few words sum up exactly what the Cree of northern Quebec expect from this new relationship. That is precisely what Bill C-28 will help them to accomplish by putting into law certain aspects of the agreement on a new relationship.

The solid footing and permanence of an agreement like this, and by extension Bill C-28, are no accident. They are the outcome of genuine consultations between federal government officials and the Cree communities, and between the Cree leaders and the people they represent. That means there were broad, far-reaching consultations at each stage of the process, from the negotiation of the agreement to the drafting of Bill C-28, including efforts to find new areas for collaboration.

This is what I mean by collaboration. The consultations started when negotiations began. They were not held at the upper level only, negotiator to negotiator. The leaders of the nine Cree communities in the region played an active role in the discussions about the main issues involved and in advising the negotiators on those issues.

The Cree leaders, with the negotiators, focused particularly on the question of governance. More specifically, they brought their experience and their perceptions to the negotiating process. They gave the managers of crucial community operations presentations on specific subjects and on important technical issues in connection with the agreement. In addition, the residents of the nine Cree communities were kept constantly up to date on the plans.

The virtually complete support given by the residents affected by the agreement is testimony to the value of those consultations. A majority of the Cree residents voted in a referendum and an overwhelming 90% majority of them voted in favour of the agreement. Today, it is clear to parliamentarians that the other party is in complete agreement with the kind of project developed by my colleague the Minister of Indian Affairs and Northern Development.

This agreement is the product of meetings between the federal representatives and meetings with the Cree leaders during the preparation of the bill, to ensure that it reflects the intention of the negotiators and assigns responsibilities to the regional authority so it can take over certain federal jurisdictions. As a result, Bill C-28 offers a promise for the future.

I would like to add that this consultation-based approach has continued and is still going on today. The governments of Canada and Quebec, with the Crees, have established a number of discussion forums. Those forums offer the three governments a structured process for negotiating the possible transfer of additional federal and provincial powers to the Cree Regional Authority.

I am convinced that this process of consultation and open participation in the new framework that has been developed in the last two years, with a relationship based on goodwill and trust, offers a fine illustration of the collaboration that has developed between the Canadian government and the first nations communities in this country. These values, of equality, respect and trust, are what are needed to promote self-determination by aboriginal communities and their progress toward self-government.

In conclusion, I of course urge my colleagues to support this bill, on which there is broad consensus. Naturally there are other challenges, but by working together with the first nations, who are a force for change—and we need only think of all the young people in aboriginal communities who can make a contribution to our economy and our social, cultural and community development—our society will be able to make an investment and reap the fruits of that investment.

I will be happy to answer any questions about this speech.

[Chuck Strahl, Conservative, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians]

Madam Speaker, the hon. member gave an important overview of our government's position. We recognize the need to do proper consultations with first nations. There is no question in our mind that when we do this, and we have an obligation to do it, and when we do it successfully, we get this kind of legislation, legislation that has broad support in the local communities and from what I hear today, broad support in the House of Commons.

Another good example is the Specific Claims Tribunal Act, where we sat down with the Assembly of First Nations and drafted the legislation. The first nations have been waiting for 40 years, ironically the same period of time as the James Bay Cree agreement, to get to this next stage, and that too long. It points out the need to have good faith negotiations. It is key to good consultation and gets this kind of good agreement.

Could the member comment, in general, on what his impression is in the province of Quebec on the relationship between first nations and our government? I do not get there as often as I would like, because I have to be in all 10 provinces and 3 territories, but I am there often. It seems to me it is going well. When I was there to sign the agreement a year ago, my sense was that people were very pleased with the degree of consultation.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Madam Speaker, I would just like to tell this House that some former work colleagues of mine happened to meet the minister in the elevator in their workplace, which shows that he is close to the people who work at Indian Affairs. That also helps maintain a healthy relationship between Indian Affairs and Northern Development and aboriginal communities, whether they are southern communities—because the department works more with them—or Cree communities.

What we are doing today is the latest in a series of milestones. The first was in 1975, when the James Bay and northern Quebec agreement was signed. That was the first agreement. In 1984, there was another important agreement: the Cree-Naskapi (of Quebec) Act. Now, in 2009, we have scored a hat trick by enshrining this new relationship in legislation.

I feel that two elements of this agreement are important, and I congratulate the minister on them. The first has to do with governance, although there is still the issue of accountability and responsibility for public money. That is an important aspect of governance. The other element is the dispute resolution mechanism. We can expect more money to be allocated to education, health care and housing and less to legal fees. This is a positive step that completes what was started with the James Bay and northern Quebec agreement in 1975, a milestone for Quebec and aboriginal peoples across the country.

[Roger Pomerleau, Bloc, Drummond, QC]

Madam Speaker, I thank my colleague over there for his excellent work and the speech he has just given.

He knows that the Bloc Québécois will support the proposal for this new agreement because we recognize that the aboriginal peoples have the right to self-government, as far as possible. SInce he has mentioned the James Bay and northern Quebec agreement, he ought to acknowledge that, from the point of view of Quebec, the purpose of that agreement signed by Mr. Bourassa, the Cree, the Inuit and perhaps the Naskapi, was in large part to ensure that the lands did indeed belong to Quebec. A clear right was necessary before embarking on anything like the James Bay project.

Will the components we wish to build now come in conflict with this, or be in continuity with it? I would like to hear my colleague's opinion on this.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Madam Speaker, I thank my colleague for his question.

I would like to reassure him. The Cree will take over new, federal responsibilities, mainly with respect to the administration of justice and social and economic development, that is to say community centres, essential services, public health, fire protection, the courts, and training. The agreement will focus more on those three aspects. Negotiations are still under way, however, with a view to a more general agreement within the same context as the principles have set out, and of course with the good will of all parties to the negotiations.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, all across Canada, people have looked to the James Bay Cree of Quebec for having set the standard for negotiating land rights.

When I worked in the Abitibi region of Quebec with the Algonquin nation, it looked at what had been accomplished through many years of hard negotiations, but these were clear commitments in terms of treaty rights and access to economic development.

We look at other areas of Canada, such as the west side of the James Bay in Ontario, where there are horrific levels of poverty, a lack of infrastructure, a lack of development and a lack of commitment.

I am looking at what is in this treaty in terms of the financial commitments being made to move the treaty forward. Could my hon. colleague to explain how this money will be used to continue to foster economic development for the Cree on the James Bay? At the end of the day, if we do not have a plan for economic development, we will have no sustainability in any of these communities. I am very interested to know how the money will roll out and how it will be used to further the development of the James Bay Cree.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Madam Speaker, I have the same concerns as my colleague, but as I said, the principle of responsibility is important in the context of a relationship based on respect. Of course the funding connected to this agreement, around $100 million, is earmarked for building community centres and community infrastructure for sports, recreation and education.

These investments are made in the communities in order to support the economic development of northern Quebec and the training of its youth. Parallel efforts are being made by Indian Affairs and Northern Development.

Several billion dollars are being invested in the communities for housing and infrastructure. What is more, the minister has implemented a strategy to improve drinking water quality in the communities. That strategy dates back several years and its purpose is to ensure that infrastructure and basic services are in place in our communities.

The efforts are ongoing. The needs are great, of course, but our government is there to meet the needs within a context of good government and responsibility.

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

Madam Speaker, I have always asked myself why there was a shortage of work in Abitibi-Témiscamingue and in the riding of Abitibi—Baie-James—Nunavik—Eeyou. If my NDP colleague came to work eagerly as he did in his youth, he performed many duties and that took work away from the people of Abitibi.

A bill has been tabled. Given the mindset of the Bloc and our vision of Québec in the recognition of first nations, the Bloc Québécois can only support this bill.

However, some recommendations should have been taken into consideration, which perhaps might have slightly delayed tabling the bill. On the other hand, that would have shortened the time for obtaining more complete approval. It would not have taken very much more time and it would have been a great deal more profitable.

The bill gives legal rights to the communities. It is all very well to recognize a Cree community and to say that it is the ninth community to become part of the James Bay agreement and the James Bay rights. It provides the power to regulate many things within its territory; but what, in fact, is its territory? We still have not given it a defined territory. I believe it would have been beneficial, in that respect, to define the territory belonging to this community so that it could really govern within that area.

One of the recommendations made by the Cree and Naskapi committee emphasized the urgency of making changes to the law. There are eight recommendations, including the need for revisions related to the Corbière decision, where it has an impact on the Cree and the Naskapi. The chronic need for improved housing is another priority that I have been highlighting for the past four years. In addition, we must act to ensure effective and uniform application of administrative regulations. First, there must be regulations. In that regard, we need to devise and approve an ethical framework and administrative regulations. It probably would have been wise to include a regulation immediately concerning the demands of the Cree of Washaw Sibi Eeyou, which is also a territory where new legislation is required. I have just included one of them. Why were there no negotiations for the other territory?

Canada, Quebec and the Cree Regional Authority must examine the provisions of the James Bay and northern Quebec agreement affecting Cree trappers. The three parties must sit down together. In and of itself, this option would not have justified delaying the bill. However, I believe that it could have been justified if only to provide the flexibility required to establish or provide what is required to exercise the legal authority that we are granting to the first nations. I hope this will not be a dead end. Making regulations is fine but what must the regulations cover? We may come up against a wall, a dead end.

Having said that, the Bloc members unanimously believe that, in the 21st century, all peoples should be autonomous and have the right to their own cultures, languages, customs and traditions. They have the right to direct the development of their own identity. The Cree and Naskapi nation, of which I am very proud, has proven that it is capable of doing this. Although incomplete and still to be rewritten, this bill deserves to be studied in committee and therefore the Bloc Québécois will support it.

In 2004, even before this government was elected, the leader of the Bloc Québécois said:

The peace of the braves agreement ratified by the Government of Quebec and representatives of the Cree nation has paved the way for this type of negotiation by demonstrating that major development projects must be negotiated with mutual interests in mind. The Bloc Québécois supports the first nations in their fight for emancipation. That is why we are asking Ottawa to follow this example to negotiate a similar agreement with the Cree.

I would like to take this opportunity to remind this House that in 1966-1967, René Lévesque himself conducted negotiations concerning the James Bay and northern Quebec territory, with both the Cree and the Inuit. Before the hydroelectric projects that were part of René Lévesque's vision for the development of Quebec and its hydroelectric power started, time ran out and the negotiations were not completed. The Cree were putting great pressure on Quebec in the United States, and an agreement had to be reached more quickly. Certainly, as a result, there were omissions that Bernard Landry, when he was premier of Quebec, was able to remedy to a large extent by signing the peace of the brave. The agreement was signed in February 2002. The federal government has needed to do something similar for some time.

Today, we have a bill that confirms this settlement. The bill grants the additional power to make regulations. The Cree nation of Oujé-Bougoumou is recognized, and I am very proud of this. As I said, to make regulations somewhere, there has to be a territory. When we do not have our own land, it is difficult to make any regulations at all.

There are three categories of land in James Bay. Category I land is where the Cree live. It is situated in and around the communities. Category IA land is under federal jurisdiction. Category IB is under Quebec’s jurisdiction, and the laws and regulations of the government of Quebec apply there. Category II land consists of about 155,000 square kilometres. Hunting, fishing, trapping and the development of tourism and forestry operations will be managed jointly by the Cree and the regional authorities. Category III land is public land of Quebec where the Cree and Naskapi have the exclusive right to exploit certain aquatic and animal species. This category consists of about 911,000 square kilometres where the communities share in the administration and development of the land.

The bill amends section 9 of the act. It contains new provisions that allow the Cree Regional Authority to make bylaws and adopt resolutions within Category IA and III lands, subject to certain provisos.

The new section 9.1 reads as follows:

A by-law of the Cree Regional Authority made under this Act may have application within the following territorial limits:

a) Category IA land;

(b) Category III land situated within the perimeter of Category IA land and the ownership of which was ceded by letters patent or by any other method before November 11, 1975.

Then the new section 9.2 states:

A by-law of the Cree Regional Authority made under this Act may prohibit an activity.

The new section 9.3 states:

The Statutory Instruments Act does not apply to a by-law or resolution of the Cree Regional Authority made or adopted under this Act.

The bill goes on to describe the objects of the Cree Regional Authority:

(a) to act as a regional government authority on Category IA land;

(b) to regulate essential sanitation services — including water and sewer services, drainage and solid waste management — and housing situated on Category IA land and to regulate buildings used for the purposes of regional governance that are situated on those lands;

(c) to use, manage and administer moneys and other assets;

(d) to promote the general welfare of the members of the Cree bands;

(e) to promote and preserve the culture, values and traditions of the members of the Cree bands.

The Cree of Oujé-Bougoumou are very active and very proud people. They will make it their mission to promote their community and to exert the necessary pressure to get this agreement finalized and agree on the body of powers that will enable them to really achieve total self-government someday—and I wish that for them. Quebec's participation has been extremely constructive.

I would remind the House that in a press release dated June 21, 2004, the leader of the Bloc Québécois called on the federal government to immediately enter into good faith negotiations with representatives of the Cree Nation in order to reach an agreement similar to the peace of the braves. He was joined by Ted Moses, who was the Grand Chief of the Cree at the time. At the time, it was said that the peace of the braves—reached in 2002 between the Government of Quebec and representatives of the Cree Nation—is an excellent example of Quebec's approach and how Quebec has its own way of doing things.

The peace of the braves ratified by the Government of Quebec and representatives of the Cree Nation has paved the way for these kinds of negotiations and demonstrated that major development projects have to be negotiated with mutual interests in mind. The Bloc Québécois supports the first nations in their fight for emancipation. That is why we are asking Ottawa to follow this example—

That is what the government is doing today. In that regard, I do not see how we could oppose progress like this, as minimal as it may be. Not having full its full powers prevents and undermines a nation's rapid emancipation.

Ted Moses understands the spirit of this agreement very well. That is why, at this time, the Grand Chief describes his relationship with the Bloc Québécois and Quebec representatives as excellent. He hoped to see the same thing for all of Canada.

This morning, it was just terrible to hear the residents of Manitoba who appeared before the Standing Committee on Aboriginal Affairs and Northern Development. Seeing the point these people are still at, even now in the 21st century, reinforces how proud I am to be a Quebecker and a friend of the first nations peoples of Quebec.

[John Duncan, Conservative, Parliamentary Secretary to the Minister of Indian Affairs and Northern Development]

Madam Speaker, I welcome the remarks of the member for Abitibi—Baie-James—Nunavik—Eeyou.

I would like to ask him a brief question. How does this bill respond to the aspirations of the Oujé-Bougoumou band to be recognized as the ninth Cree band?

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

Madam Speaker, we can only rejoice in the situation of the Oujé-Bougoumou council, although we had hoped that the government of which my colleague is a member would have taken the opportunity to also include an agreement with Washaw Sibi. There have been claims on that matter since at least 2004-2005. The Washaw Sibi Eeyou claims are justified. Taking perhaps four or five additional months in the negotiations to include recognition of the two communities in the bill would have helped the bill to go forward more quickly. I find it unfortunate that the Minister of Indian Affairs and Northern Development will be obliged to table another bill. Let it be said that I am always glad to see him. I even invite him from time to time. He does not always come, but he is always invited.

[The Acting Speaker, NDP, Denise Savoie]

Resuming debate. Is the House ready for the question?

[Some hon. members]

Question.

[The Acting Speaker, NDP, Denise Savoie]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.