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First Nations Financial Transparency Act

An Act to enhance the financial accountability and transparency of First Nations

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

John Duncan  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment enhances the financial accountability and transparency of First Nations.

Similar bills

C-575 (40th Parliament, 3rd session) First Nations Financial Transparency Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-27s:

C-27 (2022) Digital Charter Implementation Act, 2022
C-27 (2021) Law Appropriation Act No. 1, 2021-22
C-27 (2016) An Act to amend the Pension Benefits Standards Act, 1985
C-27 (2014) Law Veterans Hiring Act

Votes

Nov. 27, 2012 Passed That the Bill be now read a third time and do pass.
Nov. 26, 2012 Passed That Bill C-27, An Act to enhance the financial accountability and transparency of First Nations, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Nov. 26, 2012 Failed That Bill C-27 be amended by deleting Clause 13.
Nov. 26, 2012 Failed That Bill C-27 be amended by deleting Clause 11.
Nov. 26, 2012 Failed That Bill C-27 be amended by deleting Clause 1.
Nov. 22, 2012 Passed That, in relation to Bill C-27, An Act to enhance the financial accountability and transparency of First Nations, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 21, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.

Motions in amendmentFirst Nations Elections ActGovernment Orders

December 10th, 2013 / 12:30 p.m.


See context

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I am fortunate to have the opportunity to speak in this House on Bill C-9, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.

I stand with my colleagues in the NDP to oppose this bill in the House of Commons. This bill is very important to me as a New Democrat, but most importantly, as the member of Parliament for Churchill.

In northern Manitoba, I have the honour of representing 33 first nations. These first nations and the leadership of these first nations have often been at the front lines calling for a nation-to-nation relationship with the federal government. They have been at the front lines pointing to the way in which the Indian Act and a colonial system of legislation imposed on first nations has led to nothing but trouble.

These first nations have made clear the connection between the paternalistic attitude of successive federal governments and the way first nations are not able to deal with the serious issues they face at home, such as the third-world living conditions.

They have talked about the way in which, because of the approach of the federal government, they have not been able to get at the table or have had to struggle to get at the table to discuss basic things such as ensuring proper water and sewer services in their communities, ensuring that there is adequate housing for the people who live in their communities, and ensuring that there is equal funding for education in their communities. At every step along the way, these first nations have been told that the federal government and the Minister of Aboriginal Affairs know best.

It is 2013, and if there is anything we have learned from our history, it is that the Minister of Aboriginal Affairs and the federal government do not know what is best for first nations. There are many incidents in our history that indicate just that, such as the residential schools, a policy that was supported by the federal government, a policy that was seen by the federal government overtly as a tool of assimilation and as the way to go. We know that it was a policy that has created long-term trauma and damage for first nations people in our country.

We had the Prime Minister, a number of years ago, doing something that many first nations took very seriously. He apologized to first nations, Métis, and Inuit people for the federal government's approach towards them. He committed to a new day, a new chapter, when it came to indigenous people in Canada.

That day has not come. First nations people in Canada are still waiting for that day. Allies of first nations people are still waiting for that day. Instead, the Prime Minister and his government have used that important symbol, the apology, as a tactic to wash themselves of the responsibility and duty to truly change course.

What they did after that apology, and every step along the way, was adhere to the same old paternalistic approach, which is that the federal government knows best. However, it makes it look as if it is engaging in some consultation. We do acknowledge that in the context of this bill, there were discussions and round tables that took place around the country. Unfortunately, the government took the feedback it got at these round tables and basically shelved it.

The government chose the discourse that suited it and came up with a bill that does not reflect the needs of first nations people. It does not reflect the real issues first nations people face in terms of their electoral system.

Instead, what the government's bill would do is give greater power to the Minister of Aboriginal Affairs and Northern Development to decide how electoral systems exist in first nations. It would take away power and models that first nations people have developed that work for them. The government has made it more difficult in terms of the appeal process.

It is really a slap in the face of first nations people when we are talking about that new chapter.

I have stood in the House far too many times in the last five years to speak out against bills from the Conservative government that would have a negative impact on first nations. I do not speak about them in theory. I have seen what they mean on the ground.

I have visited these first nations. I have heard from people first-hand what it is like to feel as if they still live in a time when paternalism rules the day. I have talked to chiefs who have fought to come to Ottawa to sit at the table with the minister, if they get that meeting. They have poured their hearts out about the pain in their communities, whether it is about housing, water and sewer services, or health care, only to be told to wait longer or that the federal government will come up with something. Instead, all we see, bill after bill, are bills that exclude first nations' voices.

It is great to have a process that listens to people, but if the final result, the final bill and the final piece of legislation, do not reflect what these people said, the Conservative government is not living up to its duty to consult. The constant paternalistic tone of knowing better has a detrimental effect on the ability of first nations to push forward.

Yesterday I was part of the special committee on missing and murdered indigenous women. It is a perfect example of the way the Conservative government is refusing to listen to first nations on the issues that really matter. A constituent of mine, Brenda Bignell, said that we need a national inquiry into missing and murdered indigenous women. We are a committee. We are looking for recommendations. Brenda Bignell's recommendation is one we could consider for our report. However, we have already heard from the Prime Minister that he does not feel that there needs to be a national inquiry into missing and murdered aboriginal women.

What do we tell Brenda Bignell? She has lost her stepmom, her cousin, and her brother. She talked about all of these stories. Do we say that we want to hear from her but that what she tells us will probably not end up in the end result of what we are doing here? That deeply saddens me. It saddens me to be part of a committee, when I know that the Prime Minister has set the tone on a very important issue for first nations people.

It also saddens me that day after day, week after week, month after month we have proposals by the Conservative government and bills that would change laws in our country that are created without hearing the views of first nations people. The government may have heard them, but the end result certainly does not reflect them. As I said, this has an impact on that working relationship.

Idle No More was a movement that came out as a response to Bill C-9, Bill C-27, Bill S-2, and all of the bills that have come forward that do not reflect true consultation with first nations people. Idle No More was people at the grassroots level standing up and saying “enough”. It was the first nations, Métis, and Inuit people and their allies who stood up and said that there is a pattern here and they have had enough of it.

We know that there is a long-term negative impact when it comes to the lack of consultation and the tokenistic approach of picking testimony that suits the government but not actually listening to what everybody has to say. We know that all first nations people suffer when their electoral and governance systems are not allowed to be developed based on what they think is best.

I thought we were past this. I thought that in this year, 2013, we were past this. I thought that after the apology six years ago, we were past this. I thought that after Idle No More, maybe the Prime Minister and his government had gotten the message. Business as usual is not going to work. I thought we were past this, but we clearly are not.

In addition to all of this, what bothers me is that the government uses its bills to divide our society. I have seen how it has done it in the communities I represent.

Parts of my constituency have high numbers of first nations people. Some parts do not. Interestingly, in the last election, the Conservative Party shared literature in the parts of the constituency where not many aboriginal people live that talked about corruption in first nations. It also talked about the chiefs and the councillors and those people who were using taxpayers' money. The government did not engage in a conversation with the people who live on reserve. There were some materials with vague references to accountability and transparency, which are issues we all think are important. Rather, it chose to speak in parts of the constituency and to fan the flames of division and racism. It chose to use examples of legislation to say that it is keeping people in line.

That was not just an election tactic. Unfortunately, it is a governing tactic that I have seen from the government too many times. The Conservatives go out there and use material that says that they know best and will tell the first nations how to run their business. However, they will not invest equally in first nations education or make a difference when it comes to the highest dropout rates in our country. They do not talk about the fact that, on average, aboriginal people live shorter lives than non-aboriginal people in our country. They do not talk about the fact that young first nations women are five times more likely to be killed than young non-first nations women. They do not talk about the fact that, on average, aboriginal people live in more precarious conditions, in poverty, compared to other people in our country.

The government talks about bills that will fix how things get done. The Conservatives will tell aboriginal people how to do it. They will point to a few people who maybe gave some testimony that sounded like what the Conservatives would like to say. They will not listen to people like Grand Chief Nepinak of the Assembly of Manitoba Chiefs, who currently represents first nations from across Manitoba. He said that there are problems and that they have made recommendations, and those recommendations have not been heard.

The government will not listen to Jody Wilson-Raybould, the Regional Chief of the B.C. Assembly of First Nations. It will not listen to Tammy Cook-Searson, the Chief of the Lac La Ronge Indian Band. It will not listen to people like Aimée E. Craft, the past chair of the National Aboriginal Law Section of the Canadian Bar Association. The government will not listen to first nations people who live in places like northern Manitoba. It will not listen to people who want to come to the table, want to work on a nation-to-nation relationship, and want to talk about what is best for their communities.

I have heard vague references made by some members about how they have been on a reserve or have worked on a reserve. Somehow that gives them the authority to know what is best.

Thirty-three first nations helped send me to Ottawa. What I have heard from people in my constituency, not just from the leadership but from people on the ground, is that they are still waiting for that new chapter from the Prime Minister. They are still waiting for consultation and for the word of the AMC Grand Chief to be taken seriously. He said that we have to go back to the drawing board when it comes to first nations electoral reform.

We in the NDP agree that changes need to be made, but this bill is not the way to do it. I could take any bill the government has put forward in the last five years related to first nations and raise similar issues and poke holes in the kind of paternalistic discourse it tries to use to divide Canadians and keep first nations at arm's-length. Unfortunately, it perpetuates the problematic relationship that sets so many first nations back. I wish the government would take on some of the serious day-to-day issues first nations people face with the same energy and passion.

Maybe government members could spend some time talking to the chiefs of the Island Lake First Nation. I would be happy to take them on a tour. We could visit houses that do not have sinks because they do not have running water.

Can members imagine that, in 2013? This is their regular house. They have a counter, but where there should be a sink, there is not one because there is no running water. Guess what that means? There is also no bathroom. One has to go to an outhouse.

I remember visiting an elder who had mobility issues due to diabetes. In -30° weather—the way the winter gets in northern Manitoba—he has to trudge out to the outhouse, with mobility issues, because he has no indoor bathroom. This was not 50 years ago; I was there just last year.

I could talk about other instances, such as in communities like Gods River where the chief is extremely passionate about people in his community succeeding when it comes to education. This is a community that has grown significantly over the last number of years, and the school is so overcrowded that the science lab and home economics room have been taken over for regular classrooms. This means that these children are obviously not getting the one-on-one attention they need. It also means that these kids are not able to access specialized programming because the needed classrooms equipped to do that have been dismantled and made into regular classrooms.

Often these kids see a system that has given up on them. They see their chief fighting for them, but they know that, although the chief has gone to Ottawa and Winnipeg fighting for a new school to fit their needs, year after year, that demand is denied, and many lose faith and hope.

Unfortunately, in communities like Gods River, Gods Lake Narrows, Shamattawa and Pukatawagan, too many kids have gone down that path too far and have not turned back. They have committed suicide, fallen through the cracks of our society or moved to urban centres where they have been lost and have never come back.

There would be an opportunity for change. It is not because their chief, their leadership, and people like the Grand Chief of the Assembly of Manitoba Chiefs have not said what needs to be done, but that the current federal government does not listen.

Not only do the Conservatives not listen, but they choose to drive an agenda that suits them. It is an agenda that sucks up wedge issues, pits people against aboriginal people in our country and tells first nations and aboriginal leadership that they do not know how to run their business. It is an agenda that fundamentally keeps us on the path of a history that has only created trouble, is based on paternalistic colonial views and has been proven wrong.

I am proud to stand with a party that seeks justice when it comes to first nations people, which is why we are opposed to Bill C-9, and why we are opposed to so many of the first nation-related bills that the Conservative government has put forward. It is why we are asking for change, for a better future for first nation people and all Canadians.

First Nations Elections ActGovernment Orders

June 14th, 2013 / 12:15 p.m.


See context

Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

Mr. Speaker, Bill S-6 would make a positive difference in the lives of first nation citizens. As the government has articulated clearly, this bill would enable first nations to build stronger, more accountable governments that would lead to better futures for themselves, their families and their communities.

Before I go on, I would like to advise the House that I plan to share my time with the most distinguished and most effective member in the history of York Centre.

Bill S-6, which henceforth shall be known as the First Nations Elections Act, will give individual band members an electoral system they can trust.

When they exercise their democratic rights, they will have the confidence that they are doing so within a strong system that is available to Canadians at elections held at all other levels of government: federal, provincial and municipal.

Bill S-6 is about empowering first nation people with the tools they need to hold their own governments to account and make informed decisions about their leadership.

It is about ensuring that chiefs and councillors have the legitimacy and political stability they need to make the best decisions on behalf of their communities.

In essence, you could say it is about building trust, respect and confidence in the local leadership and the system used to elected them.

However, the proposed legislation does not just empower first nation citizens. It offers a viable alternative to some of the most objectionable parts of the Indian Act related to elections, which hinder the ability of a first nation's leadership to improve the well-being of its community, or attract and create economic and investment opportunities, for that matter. Let me explain some of those shortcomings and how this has impacted first nation governments and communities.

The first serious failing of the Indian Act is that it limits the term of office for elected officials to just two years. In contrast, federal, provincial and most municipal governments generally have terms of four years.

Two-year election terms place first nation chiefs and councillors in a state of constant electioneering, like having constant minority governments.

This prevents first nation leaderships from focusing on the long term and does not provide enough time to plan for and implement long-term initiatives. Almost as soon as they are elected, band councils turn their minds to the next election.

As a result of this short-sightedness, first nations governments often fail to build a proper foundation for community development. This concern has been expressed by both first nations governments and residents, who lament that this failing has created conditions of instability and missed opportunity.

All of this has a direct bearing on economic development and job creation. Private sector interests hesitate to invest in such uncertain conditions. At the end of day, it is first nation communities—and first nations men, women and children—that pay the greatest price for this instability in the way of missed business development and employment opportunities.

The first nations' next bone of contention with the electoral system under the Indian Act is the process for nominating candidates, or should I say, the lack thereof. Provisions in the Indian Act allow elections to go ahead, even if the nominated person has no interest in running for office or, as sometimes happens, is unaware that his or her name is on the ballot.

By the way, we used to have this problem in Ontario. Ninety years ago, my grandfather was elected reeve of a local township. He had to cancel his election the next day, because he did not seek the office.

Once people are nominated, their names automatically appear on the ballot, unless they withdraw in writing. If the ballots are already printed, a name stays on the ballot even if the candidate has withdrawn.

Therefore, people with no intention of serving on council can find themselves in this position, and may even be elected, but not wanting to serve. This happened to my grandfather 90 years ago.

That is not the only issue. The Indian Act and the Indian Band Election Regulations also permit the same person to be nominated for both chief and the councillor positions.

Furthermore, there is no limit on the number of candidates that any one person can nominate. It is not unheard of to have up to 100 people vying for a handful of positions on council. All of these issues would be resolved with the passage of Bill S-6.

Another concern that came up over and over relates to the mail-in ballot system under the Indian Act.

We have all heard stories of people whose names were on the band voter list who sold their ballots to others. Unfortunately, these are not just rare occasions. Research suggests that in some parts of the country, the alleged buying and selling of mail-in ballots has been widespread. Since the band council provides electoral officers with a list of addresses for mail-in ballots that may or may not be accurate or up to date, situations like this can easily take place.

First nations electors and leaders have made it clear that they want a more rigorous process, one that assures them that ballots will only be mailed out to, and cast by, eligible voters.

These concerns are compounded by the fact that the Indian Act does not include any offences and penalties for fraudulent activity connected to the electoral process in first nation communities. At the moment, anyone wishing to cheat the system is free to do so. If these same activities were to take place in the context of a federal, provincial or municipal election, the individual would be subject to criminal prosecution.

Why do first nations people expect less? They do not.

Finally, under the Indian Act, the power to investigate and make decisions about the validity of election results rests with the minister. This takes us back to a time when it was believed that the minister was the best person to oversee matters of band governance. This government does not agree. We believe that first nations communities, not the minister, are best placed to make informed decisions about their own leadership and that first nations governments are best placed to make decisions about their own affairs. That is why we want to empower them with the tools they need to hold their own governments to account.

In addition, the existing appeal system under the Indian Act is deeply flawed. It is incredibly complicated and lacks sufficient rigour and transparency to be effective.

In addition, the existing appeals system under the Indian Act is deeply flawed. It is incredibly complicated and lacks sufficient rigour and transparency to be effective.

That is why Bill S-6 introduces several improvements, as an alternative to the Indian Act, that will better respond to the request of first nations for a more rigorous and reliable elections system.

This bill, and Bill C-27, the first nations financial transparency act, which received royal assent earlier this year, help to create the conditions that will encourage stronger, more stable and effective first nations governments, based on principles of accountability and transparency. Let me briefly highlight the main advantages of this bill for first nations that choose to opt in to these provisions.

First, the proposed legislation provides for longer terms of office.

Second, Bill S-6 would offer a more robust process to nominate candidates. First nations would be free to bring in a fee for candidacy. An anomaly, such as one person being elected to both positions of chief and councillor, would be eliminated.

Third, it outlines penalties for defined offences, such as obstructing the electoral process or engaging in corrupt or fraudulent actions, similar to those found in other election laws.

Fourth, it removes the minister’s role in the election process. The minister would no longer be involved in election appeals or the removal of elected officials. Those decisions would be made by the courts. I urge all members of this House to support the swift passage of this important legislation.

In closing, I would like to remind my colleagues that next Friday, June 21st, will mark National Aboriginal Day in Canada.

This date was chosen because it coincides with the summer solstice, a time when many aboriginal peoples celebrate their culture and rich heritage.

That morning, at seven o’clock, we will meet next door at the Château Laurier for the first National Aboriginal Parliamentary Prayer Breakfast.

That evening, at 10:45, there will be a wreath-laying ceremony at the Aboriginal Veterans National Monument in Confederation Park, on Elgin Street.

Safe Drinking Water for First Nations ActGovernment Orders

June 6th, 2013 / 3:20 p.m.


See context

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I am honoured to rise in the House to speak to a very important bill and a very important issue for the people I represent in northern Manitoba. I am honoured to represent the people of Churchill. That includes 33 first nations, first nations that are diverse, young with tremendous energy and tremendous opportunity. However, immense challenges exist on these first nations. Nowhere is that challenge more evident than the lack of access to safe drinking water, water services and sewage services on first nations.

When the reference to third world conditions is made, it is made because of the lack of access to safe drinking water that exists on many first nations in northern Manitoba. I think of the Island Lake community, four first nations that are isolated on the east side of Lake Winnipeg. I think of St. Theresa Point, Garden Hill, Wasagamack and Red Sucker Lake. All of these communities are growing, like many first nations, at a high rate. There are a lot of young people and young families. Overcrowding and lack of housing are very serious issues.

However, what is evident in these communities is the impact of the lack of safe drinking water in terms of health outcomes, in terms of broader indicators of quality of life, in terms of the mortality rate that unfortunately among first nations remains lower than the Canadian average. That mortality rate is connected to a number of factors, but the fundamental lack of access to safe drinking water is key.

It is unacceptable that in the year 2013, in a country as wealthy as Canada, that first nations, simply because they are first nations, lack access to a basic right, the right of clean water and access to safe drinking water. They lack access to the kind of infrastructure that would ensure a healthier lifestyle in line with that which all Canadians enjoy.

While members from the governing party have spoken to the disastrous indicators, what they fail to speak to is their own failure to uphold their fiduciary obligation to first nations, their own failure to live up to the treaties, to respect aboriginal and treaty rights in ensuring that first nations, no matter where they are, have access to safe drinking water.

Instead of recognizing that failure and investing in the kind of infrastructure that is necessary, investing in the kind of training that is necessary for first nations to be able to provide access to safe drinking water, the government has chosen to uphold its pattern of imposing legislation on first nations. Not only has it imposed legislation in this case, Bill S-8, but it has done so without consultation, without recognizing the tremendous concerns that first nations have brought forward with respect to previous iterations of the bill. Fundamentally it is disrespecting its commitments under the treaties, under the UN Declaration on the Rights of Indigenous Peoples, which it signed. Even more reason for concern is the fact it is putting first nations in even greater danger than they are already in.

We know that Bill S-8 provides no funding to improve water systems on reserve. This is shameful because, given the rhetoric that we hear from the government about commitments to first nations, the reality is that when it comes to making a difference for safe drinking water, the need for investment in infrastructure and investment in capacity building is extremely serious.

I was there in February this year, but I remember being in Little Grand Rapids a couple of years back where the water treatment plant operator talked to us about how the chemicals he needed to be able to make sure that the water was safe for his community to drink were going to run out halfway through the year. I have spoken to water treatment plant operators who have talked about the lack of access to training programs so that they can improve their skills, so they can have the knowledge and skill set to be able to provide safe drinking water for their community members.

I have heard from water treatment plant operators, sewage treatment plant operators and leaders in communities who have expressed real concern about their inability, with the little they are given from this federal government, to provide what is a basic standard of living to their people. That onus falls entirely on the backs of the federal government.

Unfortunately, this is a result of years of neglect by the previous Liberal government, the imposition of the 2% cap that was halted, and has frozen in many cases, the kind of funding that is necessary for first nations to operate, and has been very much continued by the Conservative government.

We have seen that first nations that are continuing to grow, where their needs are continuing to grow, are turning to a federal government that is not only not prepared to make the investments in infrastructure, but is actually imposing its colonial agenda to boot.

We are very concerned in the NDP that on Bill S-8, like previous bills, Bill S-2, and so many others that impact first nations, Bill C-27, the government has insisted on shutting down debate on these very important bills, preventing members of Parliament from speaking out on behalf of their constituents who would be negatively impacted as a result of this legislation. We believe that by doing so, it is also silencing the voice of the first nations in this House.

This practice has unfortunately also been applied to committees where the facts have not been heard because of the government's attempt to muzzle those who oppose its agenda.

We in the NDP also stand in solidarity with first nations that have decried the government's continued pattern in which bills affecting first nations also include a clause, and we see it in Bill S-8, that gives the government the ability to derogate from aboriginal rights. The clause says, “Except to the extent necessary to ensure the safety of drinking water on first nations land”.

It is unconscionable that a federal government that is charged with a fiduciary obligation to first nations, that is there to honour the treaty relationships it is party to, would go so far as to derogate from aboriginal rights, to be able to break that very commitment it has to first nations. That is a failure on the part of the government. First nations have risen up against this failure, through the Idle No More movement, and through activism and leadership that first nations have consistently shown, saying that they are opposed to the government's agenda, and Bill S-8 is one of those reasons if we look at it clearly.

We are also very concerned about the pattern of unilaterally imposing legislation. We recognize that the AFN, the Assembly of Manitoba Chiefs, a series of representative organizations of first nations have been very clear in their opposition to Bill S-8.

The reality is that the government is trying to change the channel on its own failed rhetoric around accountability and transparency, words that it cannot take to heart, given the recent scandals that have emerged. The government is trying to change the channel and put the blame on first nations.

When it comes to something as serious as access to safe drinking water, there is no room for these kinds of political games. The government should stand up, and instead of changing the channel, instead of imposing legislation, instead of breaking its commitment under the treaties and disrespecting aboriginal rights, it should work with first nations in partnership to make the investments that are necessary and obvious to ensure that safe access to drinking water exists in first nations communities the way it exists in communities across the country.

For the people of Island Lake, for first nations across this country, for all Canadians, we deserve better from the government.

Indian Affairs and Northern Development—Main Estimates, 2013–14Business of SupplyGovernment Orders

May 9th, 2013 / 7:50 p.m.


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Conservative

Greg Rickford Conservative Kenora, ON

Mr. Chair, I thank the member for Saskatoon—Rosetown—Biggar, who started the work on her private member's bill and made significant contributions to what would become Bill C-27 and now law.

Our government believes first nation members, like all Canadians, deserve that kind of transparency and accountability from their elected officials. The act builds on our ongoing commitment to ensure that first nations have strong, transparent and accountable governments and does not increase the current reporting requirements of first nations.

Our government has heard from aboriginal community members who have said that financial disclosure is important and necessary for their communities. I am proud that we have taken action to deliver results for first nations and, as a matter of governance, have that discussion go on between its members and its council with respect to financial transparency.

Indian Affairs and Northern Development—Main Estimates, 2013–14Business of SupplyGovernment Orders

May 9th, 2013 / 7:50 p.m.


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Conservative

Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK

Mr. Chair, two years ago, after hearing complaints from first nation community members, I introduced my private member's bill, Bill C-575, to increase financial transparency and accountability for first nations across Canada. My bill died on the order paper, but this government introduced Bill C-27, the First Nations Financial Transparency Act, to deliver more effective, transparent and accountable governments. I am proud to have contributed to this legislation becoming law so that first nation communities can benefit from the investment, economic development and greater certainty that accompanies enhanced accountability and transparency.

I would like to take this opportunity to acknowledge the time the minister spent in Winnipeg in celebrating this legislation coming into force and the many meetings we held that day to celebrate with many of the members who had been calling for this legislation for quite some time.

My question to the parliamentary secretary is: Why did the government bring in a piece of legislation on first nation financial transparency?

Indian Affairs and Northern Development—Main Estimates, 2013–14Business of SupplyGovernment Orders

May 9th, 2013 / 7:40 p.m.


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Conservative

Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK

Mr. Chair, I rise to speak to Aboriginal Affairs and Northern Development Canada's main estimates for 2013-14. Before I begin, I would like to indicate that I will use the first 10 minutes of my time to speak and the last 5 minutes to pose questions.

These main estimates reflect the Government of Canada's continued commitment to improving the quality of life for aboriginal people and northerners. Through targeted investments, this government is helping build the strong foundations of governance, human capital and infrastructure, which are the basis for healthy and prosperous communities.

Bill C-27, First Nations Financial Transparency Act, which received royal assent this past March, is one such example of our government's efforts to promote greater transparency and accountability. This, in turn, will create the conditions that encourage investment, economic development and growth, building a foundation for long-term prosperity in first nation communities across the country.

The passage of this legislation into law represents a milestone for those first nation communities, members and leaders who have been calling for this change. As I have said before, all Canadians, including first nations, want and deserve transparency and accountability from their governments. I am proud of our work with grassroots first nation members to have this legislation passed into law.

Until this legislation was passed, first nation governments were the only level of government in Canada that did not have some form of legislation to enhance or ensure accountability and transparency. Now the roughly 580 first nations operating under the Indian Act can benefit from more accountable, transparent governments.

Phyllis Sutherland, member of the Peguis First Nation and president of the Peguis Accountability Coalition, has said:

Bill C-27 will lead to big changes in accountability and transparency in First Nation communities...People at the grassroots level will be able to access information about their community without fear of intimidation or reprisal.

Colin Craig, prairie director of the Canadian Taxpayers Federation, said:

We pushed for this new law for over three years so we're ecstatic it has passed. We commend the government for acting on concerns raised by taxpayers and whistleblowers living on reserves...Plain and simple, this new law will improve accountability and especially help the grassroots hold their elected officials accountable.

The First Nations Financial Transparency Act ensures first nation citizens have the same democratic rights and protections as all other Canadians. First nations are already required as a condition of funding agreements to provide government officials with audited financial statements and a schedule of salary, honoraria and travel expenses for chiefs and councillors.

That is not always shared with local residents, even when they ask for the information. In fact, during committee hearings for Bill C-27, we heard stories of people being intimidated in their home community, just for asking for that information.

This act ensures these statements will now be made available to first nation members, as well as to the public through posting on a website. This change will not lead to an increased reporting burden. These documents are already being prepared in accordance with the same accounting principles that apply to all levels of government right across the country, using a consistent format that was put in place in 2012-13.

Our ultimate goal is one recipient, one agreement and one report. Work toward this goal has already begun through a pilot project in which several first nations across Canada are taking part. The participating first nations prepare an annual report to their community and Aboriginal Affairs and Northern Development Canada will now draw the performance information it needs from these reports to satisfy its own requirements to report to the Treasury Board and Parliament.

The results of this pilot project have been encouraging and as an added benefit, the participating first nations are in an excellent position to meet the requirements under the First Nations Financial Transparency Act.

In parallel with financial transparency created by the First Nations Financial Transparency Act, our government is reducing the reporting burden on first nations created by funding agreements. The year-end reporting handbook has been streamlined by 60% from previous years. This means that we are reducing the number of reports recipients must submit, including eliminating those that duplicate information we can now get from the audited financial statements that will be online.

All first nations will now be completing fewer reports each year, beginning this year. We intend to go even further to weed out unnecessary reporting, while ensuring Parliament, Canadians and first nations community members can evaluate the results achieved with taxpayer dollars.

Consistency and transparency will help voters in first nations make decisions at election time. They will be able to make comparisons from year to year and from community to community. They can ask questions about spending and about revenues. Some first nations governments already post financial information on their communities' websites. Some already table comprehensive annual reports to their communities. We commend them for this. The First Nations Financial Transparency Act will encourage this kind of progress right across the country. Legislation like Bill C-27 is an essential step forward on that path.

We have worked with first nations partners to develop legislation that would replace the defective election provisions of the Indian Act with a clear, consistent, reliable framework that communities can use to elect strong, stable, effective governments. I am pleased to report that our creative and collaborative work has borne fruit and the result of that creative collaboration is Bill S-6, the first nations election act.

The Indian Act elections system has significant flaws. For instance, the Indian Act requires that first nations communities hold elections every two years. This requirement deters first nations chiefs and councils from initiating long-term projects, from working closely with investors, business owners and partners in other governments and from taking full advantage of emerging opportunities to improve the lives of people in their communities.

There is more. The Indian Act does not prevent any person from running and being elected chief and to a councillor position at the same time. The current system's loose nomination process also enables the names of candidates who are neither dedicated to running nor serious about serving to be placed on the ballot without their approval and, in some instances, without their knowledge. Because of this omission in the law, some first nations elections have had more than 100 candidates vie for as few as 13 positions.

Finally, the Indian Act elections system does not contain offence and penalty provisions, leaving it open to abuse and questionable activities.

Bill S-6 would enable first nations people to shut a piece of the Indian Act by providing an alternative to its flawed election provisions. Bill S-6 would present an open, transparent and accountable election system that first nations people expect and deserve. We only have to consider some key provisions of the bill and what these provisions would set in motion to understand its value.

Significantly, Bill S-6 would provide for terms of office of four years. With this time horizon, band councils are well positioned to advance important initiatives for the well-being of their communities. As well, Bill S-6 would provide: more rigour to the nomination of candidates; offence and penalty provisions that would allow courts to impose penalties for activities such as vote buying and obstructing the electoral process; and remove the paternalistic role of the minister in reviewing and deciding upon election appeals.

It is important that we all understand that the proposed act would not be mandatory. A first nation could simply remain under its current election system, whether that is the Indian Act or its own community-based system. To opt into the new law, a band council must adopt a resolution asking the minister to add its name to the schedule of first nations to which the new election system would apply. At a later time, a first nation could remove itself from the first nations election act by developing its own community election code, submitting that code to a community vote and receiving a favourable outcome. More than that, the fact that Bill S-6 is the product of collaborative efforts among government and first nations organizations is testament to its validity as an important step forward for first nations.

As members can see from our work on the First Nations Financial Transparency Act and on Bill S-6, the first nations election act, our government is committed to helping deliver more effective, more transparent and accountable governments.

Indian Affairs and Northern Development—Main Estimates, 2013–14Business of SupplyGovernment Orders

May 9th, 2013 / 5:55 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Chair, since there is clearly no money to implement Bill C-27, why did the government change the most recent contribution agreements to tie the implementation of Bill C-27 to the funding agreements?

Indian Affairs and Northern Development—Main Estimates, 2013–14Business of SupplyGovernment Orders

May 9th, 2013 / 5:55 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Chair, could the minister please indicate where in the estimates the additional funding required by first nations to implement all aspects of Bill C-27 is?

Opposition Motion--First Nations, Métis and InuitBusiness of SupplyGovernment Orders

April 19th, 2013 / 10:25 a.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to thank the member for Manicouagan for that very good speech and for his very committed work. I know that he has been doing great work raising awareness on a number of pieces of legislation, including the omnibus bill, Bill C-45, and Bill C-27, the financial transparency and accountability act, which the Conservatives have pushed through.

When it comes to NunatuKavut and other nations across the country, one of the things we observe is that while the comprehensive land claims and treaty or self-government agreements are stalled in negotiations, or not even accepted for negotiation, development is taking place on the traditional territories, whether it be forestry or mining. The people who have inhabited those lands for millennia are not benefiting from that development or are having no say when it comes to the environmental impact.

The Fort Chipewyan First Nations in Alberta are very concerned about the environmental impact on their communities. On the west coast, we have forestry. In Ontario, there is the Ring of Fire.

I wonder if the member could comment specifically on why it is important to move forward on negotiating these comprehensive land claims and treaty and self-government agreements so that the people who live in those territories have a say about the kind of development that is happening.

Opposition Motion--First Nations, Métis and InuitBusiness of SupplyGovernment Orders

April 19th, 2013 / 10:15 a.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, taking into account the scope and familiar nature of the motion before the House, it is my duty to support the explicit and underlying concepts it contains.

As a result, in my speech today, I will provide some perspective on the realities addressed by the motion by focusing on the confrontational approach that characterizes the modern relationship between the Canadian government and aboriginal people across the country. I would like to read from the motion before us, which states:

That this House call on the government to: (a) abandon its confrontational approach to First Nations, Métis and Inuit in favour of a nation-to-nation dialogue...

First, I will talk about the confrontational approach. At the risk of repeating myself, over the Christmas break, when I was deeply inspired by the Idle No More movement, I was asked to prepare a course and to travel throughout Canada and the United States. I had to do a detour through the United States to get to certain parts of Quebec. In short, I travelled to many aboriginal communities across the country to give a course on the modernization and amendment of the Indian Act, which is related to bills such as Bill C-27, Bill C-38 and Bill C-45.

In the course introduction, I made a point of indicating that the comments made by a number of ministers and stakeholders suggest that they see the affirmation of the identity of first nations in Canada as a barrier to economic expansion. This view is shared by many other stakeholders and is due, in part, to various speeches made in the House. Some ministers and others have been quoted on this issue.

If we look closer, it is true that there is some correlation between the assertive measures that have been taken by aboriginal communities across Canada in affirmation of their identity and the dramatic drop in the stock market value of some corporate entities.

One might assume that this is a fairly simple relationship when, in reality, it is very complex. If there has been a dramatic drop in the stock value, it is because the entity in question was lax and failed to shoulder its corporate social responsibility. That is why this affirmation of identity is undermining the stock market value of these entities. In a way, this premise is flawed because it is not the affirmation of aboriginal identity itself that is creating a barrier to economic expansion; rather, it is the lack of transparency and the financial wrongdoing observed in remote areas.

Successive Canadian governments and all of the other parties have tried over the years to put Indians in a box, if I may say so. In other words, they have tried to restrict the jurisdiction, the affirmation of identity, the social, cultural and economic affirmation of first nations, in order to give economic entities more peace of mind. This government has been even more obvious about it than its predecessors and is moving forward with a corporatist agenda, primarily promoting natural resources extraction as an economic engine and key component of economic development across the country.

I simply wanted to point that out. I should technically be talking about how shocked nationalists are in Quebec right now, because they are also dealing with a conflict situation that can lead to confrontation. However, that is a different story, and I will discuss the situation with the appropriate stakeholders in due course. There you go.

This situation reveals the selective and preferential nature of the relationships between aboriginal communities and the Canadian government in 2013. The motion before us refers to a comprehensive land claim that has not been addressed since 1991, and it is not the only one. I will give some concrete examples in a few seconds. Unfortunately, this lack of dialogue between stakeholders is a reflection of the reality of a number of contentious aboriginal cases across the country.

Successive governments, and this government in particular, could be criticized for cherry-picking. In other words, the Conservatives are choosing which stakeholders they want to talk to. In some respects, although this situation is not so widespread, I find it problematic enough to bring it to the attention of the House.

There are some community management organizations and band councils that are essentially puppet governments. The Conservatives hand-picked, cherry-picked some pawns. These people were put in place in strategic communities to speak out in favour of proposed policies. This is not necessarily widespread, but it is common enough that I wanted to mention it today.

The government is trying to interfere in tribal politics. It chooses representatives. That is why some communities have really spoken out. They have such strong social, economic and cultural foundations that federal transfers and support seem marginal. These people are more autonomous.

Strangely enough, as in the case of the situation that has been going on since 1991, the current government will simply choose to ignore remote communities because they are too strong and they have developed energy policies that the government is unhappy with.

What this government wants are good, servile, submissive, accommodating and easily manipulated Indians. It is as though the government is a puppeteer making its marionettes dance.

I say this because in recent years, I have found that I often end up out on the sidewalk, strangely enough, during big community meetings.

I would like to share an example that I will continue to come back to until the end of my term. A supposedly historic meeting was held in January 2012. A number of community representatives were invited. However, the invitation was not extended to all communities, even though the government claimed to be inclusive. The government wanted to develop a new relationship with first nations peoples. I was personally escorted by intelligence officers. I was essentially kicked to the curb. As I was on the sidewalk, I realized that I was in good company. There were other representatives from several nations who were deemed unwelcome.

So much for the inclusive aspect of this new relationship.

I think that is quite deplorable. Things like that should not be happening in 2013.

Cherry-picking and choosing pawns and representatives for community management organizations is highly objectionable. That is why, in 2013, the Conservatives are seeing a huge amount of opposition from the first nations. That is also why their economic development plan has stalled and is really struggling.

Our international reputation is plummeting, just like the stock market value of some companies that are ignoring their social, environmental and other responsibilities.

Bill C-42—Time Allocation MotionEnhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

March 6th, 2013 / 3:55 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is important that we recognize the fact that the government has a record in terms of putting time allocation on numerous bills. The Liberal Party has been fairly clear in stating its support for the principle of the bill that is in question today, and we would ultimately like to see it pass. We have not been putting up speakers to try to delay, or anything of that nature, but we do question the level of frequency by which the government uses time allocation. We have seen it on numerous bills, whether it is Bill C-27, the first nations accountability bill, Air Canada, Canada Post, CP, the Panama free trade agreement, budget bills, back to work legislation with regard to Air Canada, the Financial System Review Act, the gun registry, the copyright bill, the pooled pension plan bill, one of my favourites, and the Canadian Wheat Board. All of these are bills, and more, on which the government has decided to invoke time allocation.

My question is more for the government House leader. Why does the government choose to introduce time allocation on many bills, which therefore takes away the responsibility of opposition members and all backbenchers, I would suggest, to provide due diligence in ensuring that every bill is given due process and is well debated and ultimately passed or defeated in the House of Commons? Why does the government go to this tool time after time?

Not Criminally Responsible Reform ActGovernment Orders

March 1st, 2013 / 1:15 p.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, I will start by talking about the implications when someone receives a verdict of not criminally responsible on account of mental disorder. I will focus on understanding the parameters for and applications of such measures in criminal proceedings.

It is an honour for me to be able to inform the public. Over the holidays and over the past few weeks, I toured a number of reserves in Quebec. I was informing people about the amendments set out in Bill C-45, Bill C-38 and Bill C-27. These amendments will affect both the traditional and contemporary ways of life of the aboriginal peoples.

I will do the same thing today. I will be informing the public. My background is in law. I was a litigator for almost six years. I worked primarily in criminal law, but I also worked in mental health. During my years as a lawyer, I was called upon to present a number of applications under subsections 672.11(a) and 672.11(b). Later on, I will talk more about how these two parts of the section are applied.

Based on how the media have covered certain cases over the years, it seems clear that the bottom line is popularity and ad revenue, and that the media will resort to flashy tactics, broad appeal and—to a certain extent—misinformation. This is why some people err in fact and in law. This is not a criticism, because not everyone has a legal background, but there are some misconceptions floating around. I think it is important to get back to the basics with this debate, to talk about the foundations, what it truly means and how these sections are applied.

Subsections 672.11(a) and 672.11(b) of the Criminal Code refer to applications that the defence lawyer and the prosecutor can submit to a judge in a specific case. When we meet our client for the first time in a criminal case—I will talk about my experience as a defence lawyer—we can determine fairly quickly whether the individual is in a fragile state of mind, as we say. When we visit a client in his cell or in the psychiatric wing and he is not in his right mind, the psychiatrists' reports will often say that he is in a fragile state of mind, disoriented and confused.

It is at that point that the lawyer goes to the judge and says that when he met with his client, the client was not able to give clear instructions and seemed to be in a fragile state of mind and somewhat confused. There is therefore reason to believe that he is not in his right mind and should undergo an assessment pursuant to paragraph 672.11(a) or 672.11(b). The crown prosecutor may also broach this subject.

I see this all the time in my practice in my riding. For example, in the past few days, journalists from Radio-Canada—not to name names—have said that drug-related crime in my riding increased by 38% in 2012.

Psychosis and toxic psychosis are recurring themes. That is why I have submitted dozens of requests pursuant to section 672.11 over the years. That is specific to my practice in my riding. There is a lot of violence. The psychiatric wing is very well equipped. There are a number of psychiatrists working in Sept-Îles. Some cases, not the majority, were so serious that clients were routinely transferred to the Philippe-Pinel Institute in Montreal for help.

It can take about a month for a client to leave and get assessed to determine if he is criminally responsible. The client is sent to Montreal or, sometimes, to Sept-Îles. The serious cases are usually sent to Montreal to be assessed. The client comes back with an assessment, and the findings go on for pages.

It is interesting reading material and I miss it very much. I will not hide the fact that I miss my practice. I often receive calls on my business cell phone asking me to represent someone. I have to refuse because I do not have the time.

When the client returns and we look at the case, we examine the assessment and the expert report, which provide information about the circumstances and the expert's opinion. To date, I have never seen the crown challenge the assessment or ask for a second one, but that can happen.

The judge relies on the findings of the expert in Montreal or Sept-Îles, as the case may be. The judge will refer the case of the individual in question to Quebec's administrative tribunal. He will rule that the individual is not responsible and simply transfer the file.

This is one aspect that we have not talked about much. I have not heard anything about this today. None of my colleagues has mentioned this. In Quebec, the administrative tribunal is responsible for the file and will determine the course of action to be taken for people who are not criminally responsible.

To put all of this into perspective, I will add that the hearings of Quebec's administrative tribunal are held by videoconference at the Sept-Îles hospital, in my experience. The tribunal members appear by video. The lawyer is present with his client, who must appear once or a few times a year, if I am not mistaken.

Ultimately, the members of the administrative tribunal will determine what course of action should be taken in a case. That is where the problem lies. I will provide more information on this subject in the next few minutes.

I worked for years with clients with mental health problems. Some but not all people with these types of disorders are stubborn about or opposed to being monitored and taking medication. Many of my clients were opposed to taking medication.

One of the criteria for determining whether people are mentally ill is that they are not aware of their own illness. As a result, as soon as they are not being so closely monitored, individuals who do not realize that they are sick tend to stop taking their medication because they do not believe that they are sick and they do not think that they need to take it. This is a fairly volatile client group. These people may simply stop going to their monthly appointments with their psychiatrist and may just vanish.

I have dealt with this type of situation in my practice. The extremely difficult cases I have had to deal with sometimes gave me the shivers. I will not give any identifying information because of privacy concerns. However, some files dealt with necrophilia, arson and extreme violence. Over the years, I was able to help some of these individuals get back on the right track.

Sometimes, once these individuals were released following their hearing before Quebec's administrative tribunal, they vanished because they were not being monitored closely enough.

I have sometimes received calls after a few months or years from the police or from the client himself who is in a fragile mental state but, in a moment of lucidity, called me to find out the status of his case. I would ask him if he was still taking his medication and where he was in Quebec. I wanted to know where he was because I knew he had high potential for violence. I will spare you the details, but they sometimes keep me awake at night.

In short, these individuals decided to run away, which is why I insisted that, at the very least, they be more closely monitored and that their location be tracked in order to prevent them from vanishing.

I also dealt with arson, which is a fairly common occurrence. Those working in the field of psychiatry see all kinds of people. Sometimes it can be interesting to read about these cases.

The cases could give you goosebumps.

Some recent highly publicized cases have called the existing approach into question. So we must refocus the debate on the best interests of victims, while ensuring that the rule of law and the Canadian Charter of Rights and Freedoms are respected.

I plan on returning to practising law sometime in the future. Perhaps I should not say this, but it comes naturally to me to represent these individuals and help them get back on the right track after they are assessed by the people in Montreal. The judge would simply refer the whole thing to Quebec's administrative tribunal.

As I have already said, decisions from this tribunal do not carry a lot of weight, at least not in Sept-Îles. It may be different in a metropolitan or urban area, where the hearings are conducted in person, but that is not the case where I come from. I remember one case in particular, with someone who took off after the hearing and attended only one hearing with the administrative tribunal. Perhaps this person was eventually caught. An arrest warrant may have been issued. The police eventually tracked him down to make sure that he was not in a fragile state of mind, that he was taking his medication properly and did not represent a danger to himself or others. I am thinking of cases of schizophrenia, since people with this illness can be dangerous to themselves and to the general public.

That is something that poses significant problems. I am thinking about a specific case, but I should mention that he was a martial arts expert and he assaulted anyone who tried to go into his cell or into his room in the psychiatric wing. He thought the Hells Angels were coming to the hospital to get him. That is why he punched people, including large men. The hospital uses “code 88” when a patient becomes violent. All of the large men are asked to help out. It may be “code 89”; I cannot remember anymore. There is an internal code at the hospital in Sept-Îles. Whatever the case may be, he punched out five people. He was in pretty good shape.

He was found not criminally responsible because he could not discern right from wrong. He was a victim of his own illusions. However, he was released and no one knew where he was for a while. A few months went by, maybe a year or two, and then he called me about his case. I knew then that he had stopped taking his medication and appearing at hearings.

That is my summary of the risks and implications, which I submit to you.

Response to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

February 25th, 2013 / 4:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is a pleasure for me to rise today to say a few words on Bill C-55.

There are many thoughts I would like to share with members, albeit we are somewhat limited in terms of time.

I want to pick up on two or three themes. I always take great exception when the government does things in a fashion that ultimately is disrespectful to the functionality of the House.

It is a privilege to be a member of Parliament, and I value the role I get to play. I thank the constituents of Winnipeg North for allowing me to represent them. I am also very grateful for the Liberal Party allowing me to respond to the different bills and so forth.

When I look at what the government is doing here, I find it is once again somewhat disrespectful. We need to recognize that the Supreme Court of Canada made the decision that precipitated the legislation before us. This decision was not made a month ago or two months ago. This decision was made back in April 2012.

The government has known for months that it needed to change the legislation. There is absolutely no reason whatsoever that could justify the delay it has taken in introducing Bill C-55.

What the government has done through procrastination is put the House of Commons in a position where, if we want to respect what our Supreme Court has ruled, there is pressure on its members to pass the legislation not only through second reading, but also committee, third reading and so forth, before April 13 of this year.

Today is the first opportunity to debate the bill. It is a significant issue. One has to question why the government—former Reformers and now Conservatives, as the members call themselves—has taken a different approach to dealing with legislation.

Members will recall the two massive budget bills in which the government, through the back door, made amendments to dozens of pieces of legislation. I am somewhat surprised that the government did not include this change. I guess the minister responsible did not think about it, or maybe he did not get the message from the PMO that the budget bill was coming forward. I am glad that at the very least the minister did not take advantage of the budget bill.

The government has been bringing in a record number of time allocation motions. I have a fairly lengthy list, and I will not go through the entire list. Some of these issues of time allocation were quite significant, whether it was on back-to-work type of legislation, the gun registry, a pension plan, the Canadian Wheat Board, Air Canada, Bill C-31, Bill C-27 or numerous other bills.

All of these deal with opportunities that members of Parliament have to provide due diligence and go through the legislation in a timely fashion to ensure the legislation is debated and that ideas will stem out from those debates, ultimately seeing it going to the committees and allowing them to do their jobs. Hopefully the government is then sympathetic to recognizing that its legislation quite often needs to be amended. Amendments come from many members on a wide variety of legislation.

Therefore, today we have a very short window. I suspect time allocation will be placed on this bill. However, there is a high sense of co-operation from opposition parties. On behalf of the Liberal Party, the Liberal Party critic was able to address the bill earlier today and indicated that we were very comfortable in seeing the bill go to committee. We recognize the importance of that.

That does not excuse the government of its irresponsible behaviour in not providing the House the respect that is necessary when dealing with legislation. It should be held accountable for taking so long in bringing this legislation before us.

However, the Liberal Party will behave responsibly and do what it can to get it to committee. We hope the government will be sensitive to possible amendments to the legislation. We recognize the bill does deserve attention at committee and understand that hopefully there will be some changes brought forward.

There are four things that Bill C-55 attempts to do.

It requires the ministers of public safety and emergency preparedness and the attorney generals of each province to report on the inception of private communications made under section 184.4. That is a positive request. It is something that the Supreme Court did not require. It is a reporting mechanism and there is great merit for it.

Bill C-55 provides that a person who is the subject of such an interception must be notified of the interception within a specified period of time. We must give thought to what the appropriate amount of time is. Hopefully that will come out in committee. We are very much aware of the importance of our charter and the protection of our privacy. There has to be a balancing of the public good and life-threatening situations and so forth. However, there also needs to be protection for individuals who ultimately might be subjected to a warrantless wiretap. I suggest the committee would do well to have some dialogue as to whether it should be 90 days or less than that and what the arguments and concerns are. It would be interesting to hear what the stakeholders would have to say on that point.

It would narrow the class of individuals who can intercept a wiretap. My understanding is that it is more general today. What the government wants to do is narrow it to include police officers. Hopefully, we will have some dialogue at committee stage regarding contracting out. Many municipalities hire private services related to security and policing. How will they be incorporated, or will they be incorporated?

Again, there is an opportunity with respect to the limits of those interceptions for offences listed in section 183 of the Criminal Code. We can appreciate that when that type of authority is issued, we should be very careful in terms of when and for what circumstances it would be utilized. Two things that come to mind are life-saving measures or kidnappings. These are the types of things where timing is of the essence. There might be a requirement for us to ensure that law enforcement officers are able to get the necessary information as quickly as possible.

The minister and others have talked a lot about section 184.4. That is really what we are talking about and that is what the Supreme Court made its ruling on. In going through some notes and, in particular, comments by judges, I thought I would share two that are really important to recognize and are related to section 184.4, which deals with the warrantless wiretapping provisions.

The first quote was said by one of our court judges:

—the privacy interests of some may have to yield temporarily for the greater good of society — here, the protection of lives and property from harm that is both serious and imminent.

I find that to be a most appropriate statement. This is why I raised this a few minutes ago. It is important for us to take a look at the most appropriate time frame. When someone's telephone conversation is being tapped into and the individual is not aware of it, what is an appropriate amount of time between the law officer making a recording of a conversation and the individual's right to know that recording was in fact made? From what I understand, the bill suggests 90 days.

The judge has correctly pointed out the importance of this to the public. We need to recognize that it outweighs the private interest. However, in the same breath, it is still important the private interest be protected in some fashion.

The second quote is as follows:

Section 184.4 contains a number of legislative conditions. Properly construed, these conditions are designed to ensure that the power to intercept private communications without judicial authorization is available only in exigent circumstances to prevent serious harm. To that extent, the section strikes an appropriate balance between an individual’s s. 8 charter rights and society’s interests in preventing serious harm.

I wanted to read those quotes because I believe very passionately in the charter. I believe the vast majority of Canadians over the years have recognized how important it is to protect and refer to the Charter of Rights and Freedoms because we have taken ownership of that over the last 30 years. We need to do what we can to always reflect on that.

Earlier today, I had the opportunity to ask a number of members a very important question that many took for granted, and I want to use a couple of examples.

I am the critic for citizenship and immigration. I have been frustrated by the Minister of Citizenship and Immigration and some of the legislation he has brought forward. The question I posed to members earlier was related to the obligation of government ministers, with regard to the changes they are proposing at the draft stage, to get a better sense of whether these changes would meet the requirements of the Charter of Rights and Freedoms or pass a constitutional challenge. This has been an important issue for me because it has been raised in committee on several occasions. In fact, there is a group of lawyers and doctors in Toronto that is going to the Federal Court questioning the constitutionality of the decision made by the minister to cut back health care services to some of the most vulnerable in our society.

We have challenged the minister on that and it is now going to a federal court. We are not confident that the minister knew what he was doing when he brought in that change. Through Bill C-38, the minister made changes that ultimately excluded hundreds of thousands of skilled workers. Again, we questioned that. Not only does it come across as a very cruel and inhumane policy change, but when the minister brought in the change it was, and is being, challenged by a federal court. In fact, there was a ruling made by one court in Ontario indicating that the minister was wrong. I am not sure where this is at within the Department of Citizenship and Immigration, but that is another issue.

Then we had the issue of detention, which is where committees really are of benefit. We had a minister who was going to put people in a detention centre without any real right of appeal for a year, but at committee stage we were able to make some serious changes to that proposal. However, it took a whole lot to do it. Again, we had presenters at committee who said that this would not meet a constitutional challenge. That is important.

In looking at the justice area, I always thought that Bill C-30 was an interesting bill when it was introduced. I understand that the government has now withdrawn Bill C-30, but one of the arguments in that regard was that it did not go far enough in its provisions to give police officers wiretapping power over Internet services. Now Bill C-30 has come to a standstill, with the government backing off from it for a wide variety of reasons. That said, I question whether or not the current section 184.4 is something that would have been able to deal with many of the measures suggested in Bill C-30. Is that one of the reasons the government is not moving forward with the legislation? If so, one could question why it brought forward the bill in the first place. What happened regarding the exploitation of children on the Internet? Is that issue addressed in section 184.4? I am interested in knowing the answer, as I do know there was an attempt to deal with that issue in Bill C-30.

When I look at Bill C-55 as a whole, I do see merit in it going to committee, where I am interested to see what will take place. Hopefully, there will be some discussion relating to Bill C-30 because there might have been possible amendments to it that would benefit Bill C-55. Canadians are concerned about the exploitation of children over the Internet. I do not know to what degree Bill C-55 could assist in extreme circumstances in dealing with that issue.

We look forward to the bill going to committee. I hope and trust that the government will look at bringing legislation in a more timely fashion to the House and allow members the necessary diligence, without being rushed to pass bills to meet a deadline such as the Supreme Court's decision.

Aboriginal AffairsOral Questions

February 11th, 2013 / 3 p.m.


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Conservative

Chris Warkentin Conservative Peace River, AB

Mr. Speaker, last week, the Minister of Aboriginal Affairs appeared before the Senate committee on aboriginal peoples on Bill C-27. During the meeting, Liberal Senator Nicholas acknowledged the difficulty in getting information out of her own first nations leadership and Liberal Senator Sibbeston said that he supported the bill. Yet, near the end of the meeting these same Liberal senators walked out of the meeting denouncing the bill.

Could the Minister of Aboriginal Affairs please remind the House of the importance of this particular bill?

Opposition Motion—Aboriginal CanadiansBusiness of SupplyGovernment Orders

January 31st, 2013 / 12:10 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, I am pleased to rise today to speak to the motion brought forward by the member for Nanaimo—Cowichan. I will be sharing my time with the member for Peace River.

Our government has repeatedly affirmed its commitment to self-government and land claim settlements. We know they are the keys to increasing opportunities, jobs and prosperity for first nations. Enabling first nations to participate more fully in the economic improvements, both for their financial and social well-being, contributes to healthier, more sustainable communities. Equally important, self-government gives greater control to first nations leaders and residents over the decisions that affect their daily lives.

Our government is committed to working with willing first nations to make changes to elements of the Indian Act that are barriers to first nations governance and economic growth. This past month, the Minister of Aboriginal Affairs and Northern Development announced that eight more first nations have joined the First Nations Land Management Act and chosen freedom from 34 land-related sections of the Indian Act. They now have power over their own reserve lands and resources, so they are able to take advantage of the economic activities without wading through bureaucratic red tape.

The First Nations Land Management Act is an important stepping stone to achieving self-government because it builds community capacity. Since first nations opted into this act and are no longer required to adhere to these land-related sections of the Indian Act, they have developed experience with land management. This experience, as well as developing a strong governance structure, sets the stage for greater self-government responsibilities down the road and improving accountability to members of first nation communities.

When a first nation opts into the First Nations Land Management Act regime, it opts out of the 34 land-related sections of the Indian Act. This frees the community from the outdated land management provisions of the Indian Act, which have not kept pace with first nations' desire for increased participation in the Canadian economy. There have been 69 first nations that have already made the decision to use this tool. We look forward to welcoming many more of them.

Communities deserve to be responsible for land-related issues that were previously administered by Aboriginal Affairs and Northern Development Canada. This shift gives back the responsibility to the first nations to take greater ownership of economic development on reserve and encourages partnership with the private sector. This is a key component of our government's shared goal with first nations people to increase autonomy and self-sufficient communities. Our government believes that incremental amendments to the Indian Act to bring our concrete, practical changes will lead to real results for grassroots first nations people and enable them to achieve greater self-sufficiency and prosperity.

Another example is Bill C-27, the first nations financial transparency act. Canadians understand the importance of transparency and accountability to promote confidence in their leaders. They know that first nations members deserve the same from their leadership, and they need access to adequate information to ensure their elected leaders are acting in their best interest. Bill C-27 puts in place the same types of rules for first nations on financial transparency that already apply to other levels of government in Canada. Let me remind my hon. colleagues that chiefs belonging to the Assembly of First Nations passed a resolution at their special chiefs assembly in December 2010 regarding financial disclosure. They affirm the need to publicly release information regarding salaries and expenses to their members. They have also agreed to make financial information available via the Internet where applicable.

Sadly, implementation of this resolution is far from complete. Even the AFN knows that financial disclosure is needed for first nation communities. The bill will provide an important new tool that will enable first nation leaders to be more accountable to their members. Transparency is at the foundation of a healthy democracy. To this end, Bill C-27 is designed to empower first nation community members to hold their leaders to account. Further, this initiative is part of a wider government effort to create greater accountability to enhance economic growth for first nations and all Canadians.

This legislation is something first nation residents are demanding. The real genesis of this legislation rests at the grassroots level. Individual members of first nations and, in some cases, community coalition groups formed across the country have repeatedly complained about questionable financial practices by their band councils. Too many first nation members say that they do not have access to the information they need to hold their officials to account. Bill C-27 will require the salaries and expenses of chiefs and councillors and the audited consolidated financial statements of the first nation as a whole to be publicly disclosed. It will put in place rules regarding financial transparency that are comparable to those that apply to governments across Canada.

Most important, the public availability of this data will result in greater and more consistent transparency practices that will increase investor confidence in first nation communities. The proposed legislation has benefited from the input of first nation leaders, such as Chief Darcy Bear of the Whitecap Dakota First Nation in Saskatchewan. Chief Bear stated during his appearance before the Standing Committee on Aboriginal Affairs that transparency and accountability were among the principle factors that turned the Whitecap Dakota First Nation from near bankruptcy to the model vibrant community it is today.

Bill C-27 complements Bill S-6, the first nations elections act. These are both important pieces of legislation that support democratic practices and will empower first nations in the future. If passed, Bill S-6 will help ensure that first nations have a modern legislative framework to better support democracy, accountability and transparent governments, allowing first nation community members to make informed decisions about their leadership and create a better environment for private sector investment. This could in turn lead to greater economic development opportunities and improve the quality of life for first nation communities.

Our government is committed to working with willing first nations to strengthen financial and government transparency and accountability on reserve. The Indian Act cannot be replaced overnight, but our government has committed to working together to create the conditions to enable sustainable and economic success for first nations.

Furthermore, our government is investing in programs such as the aboriginal skills and employment training strategy, and the skills partnership fund. A set $1.68 billion has been committed from 2010 to 2015 to increase first nation participation in the Canadian labour force. I believe this is a great move forward, and I look forward, as a member of the Standing Committee on Aboriginal Affairs and Northern Development, to working further with first nations to ensure that they move forward as all Canadians should.

Opposition Motion—Aboriginal CanadiansBusiness of SupplyGovernment Orders

January 31st, 2013 / 10:40 a.m.


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Vancouver Island North B.C.

Conservative

John Duncan ConservativeMinister of Aboriginal Affairs and Northern Development

Mr. Speaker, I am pleased to rise today to speak to the motion by the member for Nanaimo—Cowichan. The member's motion calls for improved economic outcomes for first nations, Inuit and Métis, and a commitment on treaty implementation and meaningful consultation on legislation with aboriginal peoples in Canada.

I am proud of our government's record on improving the lives of aboriginal people in Canada. Since 2006, our government has made unprecedented investments that will make a concrete difference in the lives of aboriginal people, including skills training, housing on reserves, potable water, schools, treaty rights, protection of the rights of women and the resolution of land claims.

For example, we have built over 30 new schools on reserve and renovated more than 200 others. We have invested in a major way in safe drinking water systems. We have built over 10,000 new homes and renovated thousands more. We have increased funding for child and family services by 25%. We have legislated that the Canadian Human Rights Act will apply to first nation individuals living on reserves. This was a glaring discriminatory provision in the Canadian Human Rights Act, which we reversed, over the objections of the opposition.

We introduced legislation to improve the accountability of first nation governments to their people. We introduced legislation to create an open and transparent elections process, necessary for economic development. We have settled over 80 outstanding land claims, many of which had been languishing for 20 years in the hopper. We have invested in over 700 projects, linking aboriginals across Canada with job training and counselling services.

I have had a long history with first nations and have seen a lot of change over the years. I am very encouraged to see firsthand many examples of strong first nation leadership driving very positive change.

Aboriginal peoples represent the fastest growing population in Canada. Given the country's labour shortages and the proximity of first nation communities to resource development projects, there is a tremendous economic opportunity before us. That is why we have consistently invested in measures to improve aboriginal participation in the economy.

Like economic action plan 2012, economic action plan 2013 will be focused on jobs and opportunities for all Canadians, including first nations, Inuit and Métis.

Finding ways to ensure that first nations can benefit from resource development is a priority. It is good for first nations, for Canada, for our Métis and for our Inuit. Our government is investing in measures that will help ensure that first nations are well-positioned to take advantage of these and other economic opportunities. For example, our government has invested in over 700 initiatives to link aboriginal people with job training, mentoring and other supports. We also invest more than $400 million annually in direct funding for aboriginal skills development and training.

My department's major projects and investment funds initiative has also contributed over $22 million to support aboriginal participation in 87 energy and resource projects, such as hydro, mining, renewable energy and forestry. These contributions have helped create over 400 jobs and levered just over $307 million from public and private debt and equity financing sources.

In addition to these investments, our government has worked to modernize legislation to allow first nations and aboriginal organizations to operate at the speed of business. Last year, our government introduced Bill C-27, the first nations financial transparency act to allow first nations community members access to the same basic financial information about their government and their elected officials available to all other Canadians.

More specifically, the bill would require first nation elected officials to publish their statements of remuneration and expenses as well as their audited consolidated financial statements. The bill would provide community members with the information required to make informed decisions about their leadership and to provide investors with the confidence they need to enter into financial partnerships with first nations.

Now that the legislation is before the Senate committee, we hope to see it passed into law very soon.

The first nations financial transparency act was driven by grassroots first nation members who were calling for greater accountability from their governments. Many of these people have suffered retribution, including intimidation and verbal and physical abuse, for having spoken in support of greater transparency and accountability.

Another important legislative initiative that would foster jobs and economic growth is Bill C-47, the northern jobs and growth act, which includes the Nunavut planning and project assessment act and the Northwest Territories surface rights board act, along with related amendments to the Yukon Surface Rights Board Act. Together, these measures would fulfill outstanding obligations under the Nunavut Land Claims Agreement, as well as the Gwich'in and Sahtu land claims agreements, and respond to calls for measures to streamline and improve regulatory processes in the north. The bill is currently being studied by the Standing Committee on Aboriginal Affairs and Northern Development.

Amendments to the land designation sections of the Indian Act that comprised a portion of Bill C-45 would also create economic opportunities. These amendments would speed up the process for leasing lands for economic development purposes, while allowing first nations to maintain full ownership of their lands. As a result, it would provide greater flexibility for first nations to act on time-sensitive economic development opportunities. These amendments responded directly to first nations who had expressed frustration to me, to the standing committee and to other members with the overly complex and lengthy process of designating land, which was an impediment to investment opportunities.

I quote from Chief Shane Gottfriedson, chief of the Tk'emlúps Indian Band in British Columbia, speaking about these changes to the land designation process in Bill C-45. “[Before the changes] it was just horrific for us to try and do any sort of business within our territory”.

Chief Reginald Bellerose of the Muskowekwan First Nation in Saskatchewan also spoke in favour of the changes: “[Muskowekwan First Nation] recognizes the positive steps the federal government has made to assist First Nation communities to operate in a more efficient and commercial manner. Specifically, Bill C-45 provides for a more efficient land designation vote process”.

We have heard from first nations that they want to be able to move at the speed of business and we continue to work with willing partners to remove economic barriers to the success of first nation communities as they seek out opportunities to generate wealth for their communities and their members.

If further proof was needed that legislative action can speed economic development, I would like to point to my announcement just last week on new regulations under the First Nations Commercial and Industrial Development Act that will allow the Kitimat natural gas facility on the Haisla First Nation's Bees Indian Reserve No. 6 to move forward. The Kitimat LNG facility will provide Canada's energy producers with a doorway to overseas markets. It will create well-paying jobs and economic growth opportunities for the Haisla First Nation and the entire northwest region of British Columbia.

We have also invested in modernizing the land management regimes for first nations so that they can unlock the potential of their lands and natural resources. This past month I announced that eight more first nations will soon be operating under the First Nations Land Management Act. These first nations have chosen freedom from 34 land-related sections of the Indian Act, which were holding them back from achieving their full economic potential. They now have power over their own reserve lands and resources so that they can take advantage of economic activities without wading through bureaucratic red tape.

This is in addition to 18 other first nations that I announced last January, making a total of 69 first nations that can now develop their own land codes, which will allow them to more quickly and effectively pursue economic opportunities and create jobs. Through these initiatives we are putting in place the building blocks for future success. These foundational pieces will help prepare communities to take advantage of new economic opportunities available to them.

We are a business-like government. We like to obtain concrete results. We are making unprecedented investments in the spirit of partnership and we recognize historical grievances. This is why we have settled outstanding land claims that have been long languishing.

The government is committed to continue building on the progress we have made to improve living conditions for first nations and to create jobs and economic opportunities in their communities. Specifically, we are committed to expediting comprehensive claims and treaty implementation. We all recognize that while much progress has been made, more work remains to be done. We are taking steps to improve land claim and self-government negotiation processes. This includes identifying alternatives to negotiations that meet the interests of the parties as well as practical measures to make sure that first nations are ready and able to fully engage and participate in the process.

In some cases there are alternatives to comprehensive claims and we are good with that. For example, the Haisla, the Squamish First Nation and Westbank First Nation are not specifically interested in pursuing treaties. They realize there are other measures that can and have been put in place, which are expediting the conditions for economic prosperity for their communities. We are also involved currently in self-government negotiations on a number of historic treaties. An example of that is the Sioux Valley Dakota First Nation in Manitoba, where we anticipate imminently the conclusion of self-government negotiations.

There is a clear link between the strength of the relationship and the economic prosperity of first nations and all Canadians. Protection of aboriginal treaty rights and consultations with aboriginals are enshrined in our laws, which have been passed by this Parliament. This government fully respects our duty to consult. That is why we have conducted more than 5,000 consultations annually. As minister, I have visited over 50 first nation communities since 2010 and I have had hundreds of productive meetings with first nation chiefs, councillors and community members across Canada.

This government also undertook unprecedented consultations on Bill S-8, the safe drinking water for first nations act. We are currently in the midst of intensive consultations with first nation leaders, teachers, students and educators in the development of a first nation education act. I would like to highlight some of the important work that has been done on the development of a first nation education act.

In economic action plan 2012, our government committed to work with willing partners to establish a first nation education act that will establish the structures and standards to support strong and accountable education systems on reserve. Through intense consultations, we have committed to work with willing partners to have the legislation in place by September 2014. We are determined to follow through on this commitment.

First nation students are the only children in Canada whose education system is not governed by legislation. Our government, unlike previous governments, is committed to bringing forward such legislation. The legislation would provide the modern framework necessary to build standards and structures, strengthen governance and accountability, and provide the mechanism for stable, predictable and sustainable funding.

I would like to add that, as recently as yesterday, I met with the first nation education steering committee in British Columbia. We have other examples, such as Mi’kmaw Kina’matnewey in Nova Scotia, where these parameters are already in place. An important part of our consultation is to meet with first nation authorities that have already done much work in this area and are obtaining results of the kind that are setting a great example.

We are making other investments. We have also invested an additional $100 million over three years to help ensure readiness for the new education system to be put in place by September 2014. We committed an incremental $175 million, on top of the $200 million that we spend on an annual basis, to new school projects. It is unfortunate that the member who brought forward today's motion chose to vote against these investments in first nation education.

This past December I announced the launch of intensive face-to-face consultation with first nation parents, students, leaders, educators and others on the initiative. The first in a series of sessions began in Halifax last week. The second session will be in Saskatoon next week.

I want to state very clearly that there is no legislation drafted. The purpose of these ongoing consultations is to get views and feedback so that legislation can be drafted. The input gathered during consultations will help shape the drafting of the legislation. Once drafted, the proposed legislation will be shared with every first nation across Canada, as well as with provincial governments and other stakeholders for feedback.

Modern land claims and self-government agreements can also provide a path to self-sufficiency and unlock economic opportunities. We are working in partnership with first nations on a new results-based approach to treaty and self-government negotiations to achieve more treaties in less time so that aboriginal communities can begin to unlock economic opportunities that can be realized through treaties.

Under the new approach, our government will focus its resources on tables with the greatest potential for success to bring treaties to fruition. The chief commissioner of the B.C. Treaty Commission is strongly supportive of our new approach, saying that she is encouraged our government is accelerating progress. We have heard first nations' concerns and we are delivering necessary change. It is also clear that there are options to the treaty process. Our goal is to achieve treaties where we can and to develop options to treaties where we cannot.

I will conclude by saying that moving forward will take time and dedicated effort from all parties. We are fully committed to taking further steps along this journey. We will continue to focus on real structural reforms and increasing the effectiveness of long-term investments.

Technical Tax Amendments Act, 2012Government Orders

January 28th, 2013 / 5:25 p.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, I thank my colleague for that question.

I am going to draw on my experience. Over the holidays—they were supposed to be holidays, but that was not the case—I was asked to develop a course on the amendments to the Indian Act and on bills C-27, C-38 and C-45.

For Bill C-27, I addressed certain concepts related to accountability, sharing and public disclosure of financial information on economic transactions and the financial information of private on-reserve businesses. The imposition of those measures is a first in Canada. It is likely that they will be fast-tracked and ultimately adopted. Well, with Bill C-27, it will be a first. Private and corporate entities will have to make their financial information available to the general public on the band councils' websites for a minimum of 10 years.

Once again, it is likely that there will be cherry-picking, that these measures will be imposed on certain communities and that the government in power will be quite accommodating and hands-off with other communities that support it more. I submit to you that there is a willingness to keep the communities at a certain level.

Technical Tax Amendments Act, 2012Government Orders

January 28th, 2013 / 5:10 p.m.


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NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Mr. Speaker, I will begin the New Year by addressing some notions that are, to say the least, tiresome, since they are associated with the ins and outs of the Canadian tax system. The spirit of plurality that should inform remarks made in this House and my constant concern to highlight the ethnic diversity of this country encourage me to present these comments, which deal with Bill C-48, from a perspective of exposing white-collar crime, tax avoidance schemes and corporate tax evasion on aboriginal lands.

At the risk of repeating myself, I did teach for one semester at the Cégep in Sept-Îles. My course was on legal and administrative aspects of aboriginal organizations. I have therefore gone very deeply into the subject, which I was teaching at the time at the college level, and I have decided to bring that knowledge up to date. Within the course, one section dealt essentially with white-collar crime, and the ways organized crime has found to interfere in the management and economic operations specific to Indian reserves. I think it is timely to share this information with all Canadians.

The Conservatives must already be telling themselves that they addressed this idea in Bill C-27. However, they are on the wrong track, because the people behind this economic malfeasance and who work on the fringes of Indian reserves in Canada are most often, in fact, non-aboriginal. They are foreign elements. They are financiers, lobbyists, people with special interests who prowl around the reserves and work on the fringes because of the special schemes relating to income and other taxes, among other things.

That is why these financiers propose phoney corporate vehicles, which are mere fronts. The most common method is to exploit a few willing Indians on a reserve. The corporate vehicle is developed with a very special capital structure. From that point, the rules respecting income and other taxes come into play. We have to address this reality when we talk about tax evasion on the reserves in 2013.

If we consider this interference in the context of economic expansion in our communities, it is related to the successive announcements about such matters as the development of natural resources in remote communities, but it is also related to economic growth. I have already indicated in the past that the people who live on Indian reserves across the country have been compelled over the last 150 years to develop what is designed to be a parallel economy, not “parallel” in the pejorative sense, but because it meets special requirements, responding to a way of life and to adversity.

The aboriginal communities in Canada have long been ignored in the development of economic growth measures as proposed by the various governments, even in 2013. These communities have been left behind, and for a long time, many communities, if not nearly all the Indian reserves in Canada, have gone without.

Over the last 50 years, there has been an expansion, with the development of special schemes and alternative measures. There has been a genuine expansion. Economic conditions in some communities are very good. This is not true of most Indian reserves, but some communities are fairly well provided for with respect to their economic basis. This interference by harmful elements and criminal elements has been accentuated with this growth in the economic strength of Indian reserves.

The concerted efforts of tax authorities, combined with joint investigations carried out by specialized police units in Canada, have in fact highlighted the real mark left by embezzlement on the part of organized cells of shady operators, on the fringes of the aboriginal communities in Canada.

I said there are special tax rules for Indian reserves. Nonetheless, it took a few years for promoters from outside the communities to find compliant actors, among other things, on Indian reserves.

To set up these business vehicles, which are dubious, to say the least, it still takes a token member of the community. Often, these people are well placed and visible within the communities, but there also has to be a form of compliance on the part of both the federal and the provincial government authorities.

At one point, when I worked for my band council, I submitted this problem to the Indian affairs representative who travelled there. I was told quite brusquely that this did not fall within their mandate and I should approach some other authorities to resolve that kind of problem. In other words, they turned a deaf ear. I concluded as follows: there was compliance and blinkers had been very carefully placed on the representatives of government agencies at both the federal and provincial levels. This is a known fact.

When I taught that course, I based what I said on information compiled by information agencies here, agencies of Canada. So this was a well documented problem. When we talk about tax havens, we think of foreign destinations, but this type of scheme operates and is observed right here in Canada. We cannot ignore this.

On the subject of the compliance that existed, I would say that the various governments engaged in cherry-picking. In other words, they take a different view of operations in communities that are more docile or are relatively supportive of the policies of a particular government.

Other communities, some of whose representatives come to testify before the committee fairly regularly, support the existing government policies. In those communities, the schemes run by shady operators, organized crime or white-collar crime will be given free rein, even though that is not how it looks at first glance. These kinds of operations will be allowed to go on in certain more docile communities that toe the line promulgated by the government authorities.

The New Democrats believe this kind of tax avoidance and tax evasion has to be combatted, while at the same time preserving the integrity of our tax system. We support the changes this bill makes, and particularly those aimed at reducing tax avoidance.

I indicated that measures like the ones in Bill C-27 will make us look at our own community leaders and members as negative influences and the only ones responsible for tax avoidance and obvious financial wrongdoing, and this is a mistake. This is false in most cases, based on what has been proven. Studies and wiretaps from undercover operations and intelligence agencies in Canada indicate that these negative influences are located outside of the community. These include businesspeople as well as people involved in organized crime. Biker gangs have also expressed interest.

Furthermore, it is important to understand that most native reserves are located in isolated communities in the north. Verifications are done by financial institutions. However, based on my own experience and my own reality, other auditors and people in a position to shed some light on these kinds of economic activities and wrongdoings take very little interest in the development of and the realities facing communities above the 52nd parallel. That is why these kinds of wrongdoings can persist.

Make no mistake, in most cases, the expertise comes primarily from people who are outside of the community. Legal and judicial advisors have developed economic and financial schemes. They also develop share capital and divide this phony share capital in such a way that puts all voting shares in the hands of one individual or group. Everything is calculated very carefully. The same goes for imposing shotgun clauses.

Since I have studied corporate law at the post-graduate level, I am in a position to dissect share capital and to see it for what it really is. On the face of it, a business can call itself aboriginal, even though that technically may not be the case. A business might be owned by aboriginal interests on paper, but when we really look at how the share capital is divided up, we quickly see that the power is held by individuals outside of the community.

I submit this respectfully.

Indian Act Amendment and Replacement ActPrivate Members' Business

November 28th, 2012 / 6:50 p.m.


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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I am very pleased to have the privilege of talking about an issue as important as the one addressed in Bill C-428. I believe that this bill is important because it tackles the horrible Indian Act of 1876. There can be no doubt that this bill is one of Canada's most archaic colonial legacies. That is why I commend the member for Desnethé—Missinippi—Churchill River on his initiative. However, it is not enough. It is too little, too late. The Conservative government should consider a much farther-reaching rewrite of the Indian Act and a much more open process.

As a New Democrat, I believe that a complete overhaul of this cursed bill should be led by aboriginals. If the changes are imposed unilaterally, then what, really, has changed? That is why Bill C-428 seems inappropriate.

I will explain why this bill is not likely to go down in history. I do not claim to have a plan to make up for 136 years of colonialism, but I can say that ideally, new legislation should be drafted in collaboration with aboriginals, be introduced by the government and honour the goals of the UN Declaration on the Rights of Indigenous Peoples. Because Bill C-428 does not satisfy any of these conditions, I cannot support it.

I want to begin by pointing out that the goal of the 1876 act was the assimilation of all aboriginals and their forced integration into what was then a fledgling Canadian society. When I visit Manawan, people there are still speaking Atikamekw in 2012. In that respect, the act failed. It also includes many provisions that make life difficult for aboriginals. The government will have to do better than a private member's bill to fix it.

In 1969, the Liberal Party tried to get rid of the act in order to integrate aboriginals into Canadian society. That was supposed to happen without compensation, without special status, and with no respect for treaties signed in the past. As one, aboriginals rejected the idea, but that does not mean they wanted to keep the Indian Act. Quite the contrary.

In their red paper, aboriginals stated that it was neither possible nor desirable to abolish the Indian Act. They said that a review of the act was critical, but that it should not happen until treaty issues were resolved. Some 45 years later, that issue is still outstanding.

Other attempts were explored in this House. In 1987, a list was made of discriminatory provisions in the Indian Act, and this led to a bill. Later, in 2003, the Liberals introduced Bill C-7, which, once again, was heavily criticized by first nations. The Conservatives are now bringing forward Bill C-428, a private member's bill, which seems just as irrelevant as other attempts.

In the words of Einstein, “Insanity: doing the same thing over and over again and expecting different results.” In my opinion, this quote points to what is clearly lacking in Bill C-428: a different approach. Perhaps this flaw is the reason why there is very little support for the bill outside the Conservative caucus. The chief of the Assembly of First Nations, Shawn Atleo, said that this bill is along the same lines as the policy espoused in the 1969 white paper.

Had the Conservatives listened to Mr. Atleo, they would have understood that what to do with aboriginals is no longer the question. In the 21st century, the question is: what do aboriginals want to do with us?

Bill C-428, which the Assembly of First Nations has said came out of nowhere, does not reflect the current reality. During the Crown–First Nations Gathering, the Conservative Prime Minister spoke at length about how his government would work with the first nations.

Aboriginal peoples were not consulted about Bill C-428, or about Bill C-27 or Bill S-8. When the government promises something—and especially something so important—it must follow through. It is shameful to see that this government is not keeping its own promises.

Speaking of broken promises, the government committed to removing the residential school provisions from the Indian Act. We can see that the government preferred to hide the clause in a private member's bill. The NDP thinks that something so important should come from the government, and with apologies, no less. The government must take responsibility and come up with a real, serious solution to replace the Indian Act.

Bill C-428 contains some clauses that seem to be chosen at random, when they are not downright negative. For example, the elimination of the provisions dealing with wills and estates could put aboriginal people in a very frustrating legal void. Does the bill's sponsor understand its implications?

Finally, we must recognize that the living conditions of aboriginal people are getting worse all the time. While the first nations communities are experiencing an ongoing demographic boom, their social services budgets are increasing by only 2% a year, thanks to the Liberals. The fact that the social services budgets for other Canadians are increasing by 6% a year does not seem to bother the government at all.

Malnutrition and education problems are hitting first nations communities hard. I am afraid that the Prime Minister will have to do more than give a medal to Justin Bieber to make young aboriginals forget about this sad reality. When the government decides to really tackle the problems resulting from the Indian Act, I will be there.

Furthermore, I expect that the proposed measure will be very much in line with the United Nations Declaration on the Rights of Indigenous Peoples. This declaration, which Canada ignorantly refused to support, recognizes the specific needs of aboriginal people. It recognizes their right to be consulted about the use of resources on their land. Do we not owe at least that to those who played key roles in our history and the development of our economy?

If the government does not change its attitude toward the first nations, they will understand that the NDP is the only party that can offer them a truly open consultation process. We want to help them to govern themselves. Other Canadians need to know that the excellent social services they receive must also be provided to aboriginal people, in a spirit of sharing and recognition.

The Indian Act needs to be revised, but not without real consultation, clear objectives and a detailed plan of steps to follow. Unfortunately, Bill C-428 does not meet any of these criteria.

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 1 p.m.


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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeParliamentary Secretary to the Minister of the Environment

Mr. Speaker, it is always an honour to rise in the House and today it is an honour to rise to debate Bill C-27, the first nations financial transparency act.

Over the last six years, our government has consistently demonstrated our commitment to creating the conditions for a healthier, more self-sufficient aboriginal communities. Fundamental to achieving that are strong, stable and accountable first nations governments. Bill C-27 would strengthen first nations governance by increasing accountability and transparency, giving first nations community members the information they need to make informed choices about their leadership.

Bill C-27 complements Bill S-6, the first nations elections act, which we introduced in December 2011. Together, these pieces of proposed legislation demonstrate democratic practices and would empower first nations people.

First nations residents expect to know how funds are being spent in their communities. Like all Canadians, they want assurance that these funds are being used to improve their quality of life. Bill C-27 would improve their access to the financial statements of their governments and provide information on the salaries and expenses of their elected officials.

Indeed, democracy depends on citizens being able to call their leaders to account and ensure they represent the community's best interests.

Currently, community members may ask for financial information related to their band but unless their leaders choose to release it, it can be difficult for them to access the information required to make informed decisions about their leadership and the direction of their community. There are still community members who have no other option but to contact the Department of Aboriginal Affairs and Northern Development each year seeking assistance in obtaining this information.

A real or perceived lack of transparency and accountability from first nation leaders can also erode investor confidence and impede a community's ability to take full advantage of economic development opportunities. Ultimately, this delays or can destroy job opportunities and economic progress for the first nation and its members.

I also point out that parliamentarians already have a duty to inform Canadian taxpayers of how their tax dollars are spent, including for first nations.

A question was raised during the second reading debate of the bill on whether public disclosure of financial statements of band-owned businesses would undermine their competitiveness. It is important to note that Bill C-27 would not require each individual business owned by the band to publish its detailed financial statements. Instead, it is only the consolidated financial statements of the first nation that are covered under the proposed legislation. Some of my colleagues, in their speeches in the House today, have reiterated this point. These statements would not, in most cases, reveal any proprietary information that would undermine their competitiveness. There seems to be some misunderstanding on this. I understand that during the committee stage amendments were made to clarify these concerns.

Members of first nations are ultimately the owners of any businesses owned by the band and they have a right to know the financial position of those businesses, just as other Canadians have the right to know about businesses owned by other levels of government. The bill would ensure that this occurs.

Although some first nation-owned businesses may have concerns about providing financial information to the public, it is important to point out that these reporting rules are not our rules but the rules set out by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants. In other words, these are the exact same rules that apply to businesses owned in other governments in Canada. To be absolutely clear, the proposed legislation would not create any additional paperwork for first nation governments. They already produce audited financial statements each year as a requirement for their funding agreements with the department, and this bill would not require anything new in that regard.

Similarly, what we are asking of chiefs and councillors is no more than what we ask of ourselves as parliamentarians. For example, the Government of Canada posts its financial statements on the Internet and each of us, as members of Parliament, now disclose our salaries and special allowances to the public as required under the Parliament of Canada Act and the Salaries Act.

Furthermore, Canadians can easily find all of these facts and figures, and much more, since we introduced the Federal Accountability Act. This act has also increased the public's access to information about government activities and spending.

Provincial and territorial governments have adopted similar practices and the vast majority of them have legislation that requires municipal governments to make these documents public, as well. In addition, some provinces, such as Manitoba and Ontario, have extended beyond the legislature to require public sector bodies to disclose the public amount of compensation it pays to its employees over a certain threshold.

In short, under the Indian Act, first nation governments are the only governments in Canada that do not currently have a legislated requirement to make basic financial information public. Again, the bill would address this gap.

Some have noted that not all first nations have websites. This came up in debate in the House today. This is true, and Bill C-27 addresses this point. A first nation will not be required to have its own website as a result of the bill. If a first nation were not able to publish the information electronically, it could ask another organization to post it on the community's behalf. Alternatively, the first nation could ask the department to post the information on its behalf. However, we should be clear that having these documents published on a website does not fulfill a first nation government's obligation to make copies of financial statements available to its members.

Many first nations members do not have easy access to the Internet, a fact the department is also addressing through its connectivity efforts. As a result, first nations will need to continue to find ways to make this information available to their members who do not have Internet access. Many already do this by distributing printed copies to households, or making the information available in readily accessible locations in the community, including band offices.

As I mentioned at the outset, the department receives many requests each year for assistance in obtaining basic financial information from their own first nations government. Enhancing the accountability of band councils more directly to its members would be achieved by making more tools available to its individuals.

All that the bill changes is that first nations government will now join other Canadian governments in sharing basic financial information with its members and other Canadians. Once passed, the bill would also help assure potential investors that they could safely enter into joint financial agreements and business undertakings with first nations. This could and should contribute to social and economic improvements in the lives and livelihoods of first nations members.

I know members will agree that Bill C-27 is a necessary step for empowering and improving the lives of first nations members, and I urge all members of this House to vote in favour of the bill.

I will close with some of the statements I have heard in the House today. There has been some implication that requiring transparency that is similar to other levels of government is somehow paternalistic. I would disagree with that characterization. It is very positive for the bill to undertake the step of moving first nations members in the same direction as other levels of government when it comes to the transparency in the disclosure of financial records to its members and to other Canadians.

I want to note that the proposed legislation is asking that first nations use generally accepted accounting principles, which is consistent with expectations of governments from all other levels. We are not trying to prescribe salaries or the spending habits of first nations communities with Bill C-27. It is simply to move the financial reporting requirements and transparency requirements into alignment with other levels of government across this country.

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 1 p.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, Bill C-27 is part of a pattern of paternalistic and prescribed regulations on first nations that may in fact be leading toward assimilation. However, it also highlights for all Canadians the problems in first nation communities, such as the lack of housing and the fact that women whose marriages break up will lose their ability to live in their first nation because there are not enough places for them to live.

The government is doing virtually nothing to correct the 85,000 spaces that are missing in first nation communities.

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 12:45 p.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, Bill C-27 is part of a pattern that I have noticed as a non-first nations person here in the House of policies and practices of the government that are paternalistic, punishing and somewhat prejudicial. This pattern is quite disturbing to me as a non-first nations person in that the government should actually be protecting and enhancing the first nations people of this country rather than punishing them.

The genesis of the bill, as I understand it, was a report from the Canadian Taxpayers Federation about the remuneration received by a band chief, or maybe other band chiefs, that was in excess of what we pay the Prime Minister. There are lots of corporations in this country that pay significantly in excess of what the Prime Minister makes. Whether a band has the resources to be able to pay its chiefs appropriately is not something that we should concern ourselves with unless there is some evidence of fraud or of other nefarious means. That is not the case here. There was no indication and no expectation on the part of the band that the chief was being paid in some manner that was inappropriate.

Indeed, the bill does not even touch on the appropriateness of compensation. It does not provide any guidance as to what would be a conflict of interest or what would be a conflict in terms of remuneration. Instead, it seems to punish the bands that are providing many financial statements already by making them provide even more by increasing the reporting requirements in an extreme way. That, again, seems to be a punishment for bands, perhaps for having spent so much on their chiefs.

In terms of it being paternalistic, once again we see that the government will not consult with the first nations themselves but instead prescribe for the first nations what they must do. We have heard time and time again in the House and from first nations themselves that what they want is be free to run their own affairs and, where the government provides some money, they want to be consulted. By the word “consult” we mean consent. We do not mean just spend a few dollars and bring a few people in to talk. We actually mean that the bands should give consent where there are major changes to how the government provides its services to them and the relationship between the Canadian government and the governments of the first nations people.

It gets even more paternalistic when the government says that if bands do not follow its rules it will hold back money. I cannot for the life of me understand why the government would do that to a band, to punish the children of the band perhaps if the money is for education, or to punish the mothers of the band perhaps if the money is for food or shelter. Why on earth are we punishing these people for the actions of a few? We have tried at committee to move significant amendments to the bill to deal with those issues that have been raised with us by the first nations and the issues that we can plainly read in the text of the bill, and yet every one of those amendments have been rejected by the government. As is the case in almost all the bills before Parliament, there is no attempt to be co-operative or consultative with the other parties in the House. The government does it all on its own.

The bill is punishing to the first nations because, in many circumstances, it would require the proprietary business information be released to the public. We are not talking, as the member for Scarborough Centre suggested, about ensuring that band members have this information. In fact, the requirement is that the information be made completely public and, when it is made public, if it is proprietary information, it puts the band at a disadvantage. It is punishing the band.

Some of these bands have been quite successful in creating businesses and trying to lift some of their members out of the extreme poverty in which we often find Canadian first nation members. The government's reaction is to punish them for doing that by making them release proprietary information in their financial statements that would put them at a disadvantage to non-first nation businesses in Canada and elsewhere. That is just wrong. We should not be putting first nations people at a disadvantage.

When we talk about proprietary information, the thing that I find most ironic is that when a freedom of information request is made of the government, most often the excuse that it gives when turning down the release of information, whether it is financial or otherwise, is that it is proprietary information and protected by the privacy of the dealings with another business or entity. Yet first nations are not given the same ability to protect their information. Instead, they are being told they must disclose it or the government will step in and withhold money.

I believe the government has fallen 30 places in the world's rankings in terms of freedom of information requests. Yet it is telling first nations they have to release information. The government is not practising what it preaches. As we know, the government's accountability is always in question when the Parliamentary Budget Officer has to take the government to court in order to get information released. Yet the way the government treats first nations is to say that if they do not release information, it will withhold their education money or money for housing or food.

There are some who have spoken at committee about the punishing nature of the required information. John Paul from the Membertou First Nation on October 24 stated:

In addition to what we do publicly, our first nation community must also still comply with all the detailed reporting requirements as decreed by the Aboriginal Affairs and Northern Development Canada reporting handbook, developed by AANDC alone, as per the conditions of the five-year multi-year funding agreement that we have signed with AANDC. The time my staff has to spend to complete these obligations is significant and is done at our own first nation's cost.

The government does not help with any of this.

These reporting requirements and the need for documentation seem to have increased, even though a few years ago the Conservative government committed to an improved funding relationship. The continual and increasing reporting burden on our first nation must be addressed.

We are going in the opposite direction with the bill. We are creating a greater burden and more funding requirements, and there is no additional money to provide for it.

In terms of the policies of paternalism and some would say even prejudice toward the first nations, I am reminded of the comments of the Prime Minister when the Attawapiskat First Nation crisis came to our attention last fall. His knee-jerk reaction was to say, “We gave them lots of money. Where did they spend it?”

That was not the problem. The problem was not that the government gave them lots of money, it was that the government did not give them enough money. It has frozen their funding at 2% raises since 2000, first by the Liberal government and continued by the Conservative government, when their population is increasing at a greater rate than that and the inflation rate in Canada is higher than that on many occasions. Every year that funding arrangement stays in place, first nations fall further and further behind.

We are told that 85,000 new homes need to be built on first nation reserves. The Conservatives bragged yesterday about how it built 16,000 houses since 2005, which we should remind them was money that Jack Layton got out of the Paul Martin government to create new housing. In fact, the Conservatives voted against providing money for housing. Native North Americans in Canada are 85,000 houses short and yet the government is going ahead without providing any new housing infrastructure money for first nations. It is frozen at 2%.

As far as education goes and as far as we can tell, the first nations who must report on this money now are being paid half of what other Canadian children receive in terms of education dollar spending. In some cases this paternalistic attitude toward the first nation education system is such that when a first nation is given space to have a school, the government deducts the value of that space from the money it gives the first nation for education, even though it did not cost anyone anything. It is shameful that the government—

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 12:35 p.m.


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Conservative

Roxanne James Conservative Scarborough Centre, ON

Mr. Speaker, I am very pleased to rise today to speak to Bill C-27, and specifically to speak about the need for Bill C-27 as a way of re-establishing basic lines of accountability between a first nations chief and council and its members.

I begin by referring to a statement made by the Assembly of First Nations, which referred to this bill as “tinkering”. In a document prepared for the Special Chiefs Assembly held in December 2011, it said:

...federal led tinkering around the edges of the Indian Act with legislation that addresses aspects of core governance is not the answer. It will not provide long-term governance certainty and stability for our Nations.

Is this bill nothing more than tinkering with the Indian Act? Absolutely not. The Indian Act is silent on transparency and accountability. There is not a word in the Indian Act that deals with the preparation of financial statements and ensuring they are accessible to the public. The Indian Act is certainly not modern legislation that supports first nations governments. This is why the first nations financial transparency act is so needed.

To be clear, this bill would change the status quo. It would provide long-term governance, certainty and stability. The status quo as it relates to financial transparency is that there are currently no statutes or regulations to outline the financial transparency requirements for first nations governments or to guide the setting of salaries for chiefs and councillors. To the extent that there are any rules anywhere that require first nations to make their financial information available to their own people, it is not in that law, but in the funding agreements with the Department of Aboriginal Affairs and Northern Development. In accordance with provisions of these agreements, first nations governments are required to provide the department with audited consolidated financial statements and a schedule of remuneration and expenses for all elected officials. However, it is also a provision of these agreements that the statements be made available to the first nations members in their own communities. These agreements do not stipulate the manner or timing for disclosure. As a result, some individuals have found it quite difficult to access these documents. The practices within individual first nations communities vary widely. Some communities may not consistently disclose financial statements or information concerning salary and expenses while others distribute the information to members or post it on community websites.

This bill would change all of this. It would indeed change the status quo for first nations communities. Under the proposed legislation, each first nation would need to make its audited consolidated financial statements available to its members, as well as to publish them on a website. The information found in the audited consolidated financial statements relates to the major activities undertaken by the particular first nation being audited and details how the first nation expended its moneys. The statement with respect to what information is provided in these statements would be determined by the generally accepted accounting principles. Information that would be disclosed in the schedules to the financial statements include the salaries, wages, commissions, bonuses, fees, honorariums, dividends and any other monetary or non-monetary benefit that chiefs or councillors are receiving. The expenses of first nations leadership, such as transportation, accommodation, meals and hospitality would also be included. Chiefs and councillors would also be required to disclose remuneration paid to them by any entity controlled by the first nation. This would reflect current practice, as first nations are already required to report the remuneration and expenses, in separate categories, paid to the chief and councillors as part of their agreements under the funding agreement with the Department of Aboriginal Affairs and Northern Development Canada.

The Minister of Aboriginal Affairs and Northern Development would be required to publish the audited consolidated financial statement and schedule of remuneration, when received, for each first nation on the Aboriginal Affairs and Northern Development Canada website. This would ensure the information would be available and accessible at all times, and by everyone. The department already publishes on its website a document entitled “Schedule of Federal Funding” for each first nation as a result of the Federal Accountability Act. The bill would require first nations and the department to publish the audited consolidated financial statements and schedules on their websites, as well as remunerations and expenses of first nations to which the legislation would apply. If a first nation failed to do so, anyone, including the minister, could ask a court to require a band council to publish it.

The bill would not only empower first nation members but it would also change the status quo in another fundamental area.

Currently, when first nations members raise questions or concerns about the non-disclosure of financial statements or remuneration and expenses for chiefs and council members, Aboriginal Affairs and Northern Development Canada encourages them to raise these issues directly with their chief and council, respecting the principles of local community accountability.

If the department becomes aware of a situation where a first nation member cannot gain access to his or her community's financial statements, the department will work with the first nation government to ensure that the information is released. If efforts to have a first nation government release the statements to a member are unsuccessful, the department releases the financial statements or schedule of remuneration and expenses directly to the member.

Not only does this place the minister in a difficult position between the first nation council and its members, it makes no sense to require individual first nation members to have to appeal to the minister just for access to basic financial information relating to their own community that they should be able to get from their own band.

Bill C-27 would create a direct relationship with a clear line of responsibility, accountability and transparency between council and first nations members. The bill would underscore the fact that first nations governments are accountable to their own communities for the decisions they make, in addition to being accountable to taxpayers for the funds that they receive.

The bill would change the status quo by finally putting in place the same rules with respect to financial transparency that apply to other governments in Canada to first nations governments. The bill would provide long-term governance certainty and stability by creating a direct line of accountability between a first nation and its chief and council for access to basic financial information and for the decisions that led to the information that those documents contain.

It is worth noting, too, that the bill would achieve this without increasing the already significant reporting burden on first nation governments. Because the preparation of these documents is already a condition of their funding agreements, there are no new reports required. The bill proposes to place the same requirements in legislation with the only additional requirement being that some of the information already prepared for the department is posted on a website, maintained by the first nation or on its behalf, and on the department's website as well.

I know that members will agree that Bill C-27 is a necessary step forward in empowering and improving the lives of first nations members.

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 12:30 p.m.


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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, I am intrigued. I sit on the immigration committee and we have had a chance to look at Bill C-45. The creation of electronic travel authority and the details of how the ETA would be created, the criteria for qualifying, et cetera, were not going to be in the legislation. They would be in the regulations, which of course can be changed very easily by a minister.

Why is it that, in Bill C-27, the government seems to feel it needs to put into legislation the details of the disclosure requirements for chiefs? First nations communities and chiefs have audited financial statements. New Democrats believe the audited statements should first be presented to the first nations communities. We do not need legislation to control what they do. It could be a requirement of the funding arrangements that each of the communities signs.

I would ask my hon. colleague to comment on that.

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 12:20 p.m.


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Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, I am pleased to rise in the House today to debate Bill C-27.

According to the Conservative majority, the purpose of this bill is to make first nations' finances more transparent by requiring first nations to disclose various pieces of information.

I must begin by pointing out to the House the irony in this situation: the Conservative government lacks transparency in many areas and has no problem criticizing the Parliamentary Budget Officer when he confirms their lack of transparency.

The Conservatives also hid information that the Chief Electoral Officer had requested when the robocall scandal came to light. They hide their destructive environmental policies in mammoth bills like the budget bill voted on last June. They deceived Canadians on the real cost of the F-35 and they misled Canadians during the election. At the time, they said they would not raise the age of eligibility for old age security, yet they raised it from 65 to 67 just a few months later.

Now the Conservatives are introducing a bill that suggests that first nations are not being transparent. This is ironic, coming from a government that is not very transparent itself.

Before preaching to others and imposing such conditions, the Conservatives should start by looking in the mirror.

Transparency is always a good thing when it comes to public funds. Canadians deserve to have their money well spent, and they deserve to have all the necessary means to know what governments are doing with that money. We must speak out against any misuse of public funds at every level of government.

This is also true for first nations, which deserve to have the funding they are given properly managed and used to develop their community. Like everywhere else, the money is sometimes mismanaged, and it is the members of these communities who suffer for it.

This bill could stigmatize first nations by giving Canadians the impression that aboriginal reserves mismanage their resources and must be put under trusteeship by Ottawa. That is insulting and disrespectful to aboriginal communities, which were not even consulted before the bill was drafted.

I would like to specify that, although it is possible that some communities mismanage their resources, this type of problem is not limited to first nations communities. Many municipalities and governments—federal and provincial—have done a shoddy job of managing public funds. We have seen this frequently in Quebec since the beginning of the Charbonneau commission. Such practices must be stopped at all levels.

We believe that public funds must be managed in a transparent manner. However, imposing transparency, as the Conservatives are trying to do today, is insulting and reminiscent of colonial times. The Conservatives are forgetting that they have a constitutional duty to consult the first nations before making changes to laws that affect them.

However, as they have been in the habit of doing since they won a majority, the Conservatives are acting unilaterally, as though the other levels of government did not exist. The Conservatives are not even trying to examine the amendments proposed by the opposition or even hold consultations with regard to their own amendments. In short, this government is continuing to turn a deaf ear.

The paternalism of this bill is also of great concern. The first nations should have the same amount of freedom as the provinces and municipalities to manage themselves as they wish.

When the federal government sends the provinces equalization cheques, does it tell them how to do their accounting? The provinces pass their own laws, and we have confidence in their justice system.

With Bill C-27, we are acting as though the first nations belonged to the federal government. We are acting as though the first nations needed to be put under trusteeship, as though they were unable to take care of themselves.

Can we require that first nations communities be transparent toward their members? Likely. However, do we need a bill that tells them exactly how to do that?

Aboriginal communities do not all operate in the same way and do not all have the same resources.

By unilaterally passing a bill that will tell them exactly what to do, we will be imposing an administrative burden that will cause problems for many of them. For example, why force first nations to have a website where the public can consult the documents this bill requires, when some of them do not even have drinking water?

For a community of 200 people, for example, being forced to maintain a community website is an unjustifiable burden, especially since the Conservative government is not offering any financial compensation. Disclosing certain information to all Canadians can also cause problems for first nations businesses, which will be put at a competitive disadvantage, as the member for St. Paul's described.

As I mentioned earlier, this bill puts a huge administrative burden on aboriginal communities that have limited means. The first nations already provide at least 168 separate financial reports to the four main federal departments and agencies—Human Resources and Skills Development Canada, the CMHC, Aboriginal Affairs and Northern Development Canada, and Health Canada. The administrative burden imposed on the first nations is excessive, and the government is not doing anything to help them with this bill. Their resources are limited, so let us help them by reducing their spending on the administrative documents we force them to produce.

The Conservatives must stop treating the provinces and first nations with contempt. Not only does the Conservative government break our laws and frequently waste taxpayers' money, but it goes so far as to lecture others and to try to control them. A first step for the Conservatives would be to achieve transparency by providing documents in a timely manner when asked to do so by Elections Canada and the Parliamentary Budget Officer. And the Conservatives should consult the provinces and the first nations when considering changes that affect them.

The Liberal Party is not the only one saying it: the Supreme Court of Canada ruled that the federal and the provincial governments have an obligation to consult aboriginal peoples before making decisions that affect their rights, and that they must respond to their concerns.

So why impose this kind of legislation without consultation?

Canadians are afraid of this obsession with control. The provinces no longer have a say. The Conservatives have decided to cut transfers and services, and to increase provincial costs with complete disregard for the principles of federalism. Even the premier of Quebec, a sovereignist, was surprised and disappointed that the Prime Minister of Canada is not attending the meeting of the Council of the Federation in Halifax. We know that we have a serious problem when even a separatist seems to take Canadian federalism more seriously than the Prime Minister of Canada.

Today, the government is treating the first nations in the same way by unilaterally imposing its conditions. For the Prime Minister to have such control over his caucus that he forces them to read texts prepared by his office is one thing. But to have such contempt for Canadian federalism that he passes the costs on to the province and the aboriginal communities is, quite frankly, an insult to Canadians.

We must put an end to paternalism and the colonial mentality towards first nations. We must treat them like partners in our federation. The first nations are not government agencies; they are not the property of the federal government. The Conservatives must negotiate with the first nations in order to find common ground rather than being confrontational. The Conservative government must face the facts, reconsider its approach and take into account the opposition's concerns.

To that end, the Conservatives should vote with the Liberal Party against this bad bill, and they should go back to the drawing board.

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 12:20 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, I can reassure the member that all members on this side are very upfront with regard to what they spend. I am sure all of the ministers would be very certain of that.

Having said that, the most important bill here today is Bill C-27, which will ensure that people on reserve can understand what their chiefs and councillors receive each year through remuneration.

First Nations Financial Transparency ActGovernment Orders

November 23rd, 2012 / 12:15 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, we should focus on Bill C-27, which would ensure that councillors and chiefs throughout Canada, from coast to coast to coast, would be open to their constituents.

The House resumed consideration of Bill C-27, An Act to enhance the financial accountability and transparency of First Nations, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Aboriginal AffairsAdjournment Proceedings

November 22nd, 2012 / 5:40 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am rising again on a question I raised a number of weeks ago with regard to funding cuts to key aboriginal organizations.

I am going to read into the record a letter dated November 22 to the Minister of Aboriginal Affairs and Northern Development. It says:

Dear Minister,

We are writing to express our dismay over unprecedentedly deep funding cuts for Canada's Aboriginal Representative Organizations, including the Assembly of Manitoba Chiefs, the Federation of Saskatchewan Indian Nations and tribal councils across the country. This follows the forced closure of the National Aboriginal Health Organization.

As researchers, we work with these organizations and others in research partnerships to tackle some of the most pressing issues Canada faces. Grant funding agencies supported by your government consistently identify Aboriginal research as one of the top priorities for research in Canada. They also make it clear that this research can only be done in partnership with First Nations, Métis and Inuit communities.

As minister, you are well aware of the health, education and infrastructure issues that are preventing Canadian First Nations, Métis and Inuit communities from reaching their full potential. Innovative research partnerships between the people affected and the brightest minds at Canadian universities offer hope for resolving these issues in an effective and fiscally responsible way. In many cases, these bright young minds are First Nations citizens themselves.

We partner with the organizations whose funding you have cut on practical issues such as clean drinking water and community planning. We also partner with individual First Nations that rely on these umbrella organizations for training and support that enables them to engage meaningfully in research. Dedicated staff at these larger organizations, with whom we have developed relationships over years, are named as co-applicants and collaborators on our research grants. However, these people may not be able to carry through on their commitments because they may lose their jobs.

The potential loss of expertise is staggering and could take a generation to recover. Canada cannot afford to wait another generation for solid research on urgent issues. We urge you to rethink these ill-advised cuts to organizations that have been doing excellent work in their communities that benefits Canada as a whole.

This letter is signed by 121 different individuals at universities and organizations that are supporting this research.

Concerns are being raised from coast to coast to coast on these cuts. I just need to quote once again the UN Declaration on the Rights of Indigenous Peoples, which Canada endorsed in November 2010. Article 19 states:

States shall consult and cooperate in good faith with indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

These cuts are seriously hampering organizations that are offering support, particularly to some of the smaller bands. The government is actually forcing cuts right at the time we are seeing crises in things like housing, water and education.

The Conservative government has a legislative agenda that actually requires some of the services that were formerly provided by, for example, tribal councils, to help with the implementation of that legislative agenda—for example, Bill C-27, the financial transparency and accountability act.

I am just asking the parliamentary secretary if the government has reviewed the impact of these cuts and what it will mean for these organizations to be able to deliver services that are essential in these communities.

Business of the HouseOral Questions

November 22nd, 2012 / 3:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, it is true that we have experienced some disruptions yesterday and today as a result of efforts by the Liberal Party to disrupt our agenda. I was puzzled as to why it was happening right now at this time. However, a news story just broke, which gave me some insight into it, where the young member for Papineau said that:

Canada isn't doing well right now because it's Albertans who control our community and socio-democratic agenda. It doesn't work....

When he was asked if Canada would be better served if Quebeckers were in charge rather than Albertans, he said:

I'm a Liberal, so of course I think so.... Certainly when we look at the great prime ministers of the 20th century, those that really stood the test of time, they were MPs from Quebec... This country--Canada--it belongs to us.

Obviously, the Liberals do not want to see the Conservatives governing, advancing our agenda or advancing our budgetary agenda. Therefore, I think that answers the NDP House leader's question as to why we are facing these delays right now in the House. However, we will carry on, Albertans and all, and the rest of the country, with Conservatives from coast to coast in this government trying to advance the agenda that Canadians believe in.

We will resume the second reading debate on Bill S-2, the family homes on reserves and matrimonial interests or rights act, this afternoon. Tomorrow we will conclude report stage of Bill C-27, the first nations financial transparency act, and third reading will take place on Tuesday. We will start second reading debate of Bill C-47, the northern jobs and growth act, on Monday and the debate will continue on Wednesday.

The finance committee is working very hard to go through Bill C-45, the jobs and growth act. I commend them for their efforts. Our budget implementation legislation contains important measures, such as extending the hiring credit for small businesses, expanding tax relief for investment and clean energy, helping Canadians save for retirement with pooled registered pension plans and improving the registered disability savings plan.

However, I do confess that it does not include the NDP's carbon tax or its proposal for a 1% GST increase. Perhaps that is why its members are opposing it. In any event, we hope to start report stage consideration of Bill C-45 on Thursday, if at some point the Liberals give up on their disruptive delay objective and agree to allow someone other than the member for Papineau to have some say in running the country.

Business of the HouseOral Questions

November 22nd, 2012 / 3:05 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I am honoured to rise on behalf of the official opposition to ask the government what it has planned for the House for the remainder of this week and next week.

The government seems to have lost control of the legislative wheel this week. I will review for Canadians. The Conservatives tried unsuccessfully to ram Bill C-27 through. Thankfully, the official opposition took a principled stand against this and forced them to step back from shutting down the debate. The finance committee has rewritten its own ridiculous rules on how to deal with the Conservatives' monster budget bill, Bill C-45. The committee is now sitting around the clock to deal with this sham of a process, which the Conservative government has set up.

Yesterday, instead of standing up for victims of bullying, most government members shamefully decided to side with the aggressors who bully and torment Canada's most vulnerable young people.

It was a shameful demonstration of the importance the Conservatives attach to their partisan principles, at the expense of common sense.

I guess the only question I have for the government today is the following: How many more abuses of our democratic processes does the government have planned for this week and the one to follow?

Safe Drinking Water for First Nations ActGovernment Orders

November 22nd, 2012 / 12:05 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it was only a matter of minutes ago that we had time allocation put on Bill C-27. That, in essence, said that the members of the House would have limits on our abilities to contribute to the debate on a very important issue with regard to our first nations.

Now we are talking about the importance of water on our reserves and other areas and we have a government member moving a motion that would again prevent debate on a critically important issue. The Conservatives will not allow members, whether it is members of the Liberal Party, the New Democratic Party or even the Green Party, the opportunity to address important issues.

When the member talks about consultation, why will he not be very specific and tell us what first nations leaders the Conservatives consulted prior to the drafting of either Bill S-8 or Bill C-27?

Bill C-27—Notice of time allocation motionFirst Nations Financial Transparency ActGovernment Orders

November 22nd, 2012 / 11:10 a.m.


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Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, the question that the member posed does not have anything to do with Bill C-27, quite obviously. Once again, we are seeing some politics at work here. I know that the whole pipeline--

Bill C-27—Notice of time allocation motionFirst Nations Financial Transparency ActGovernment Orders

November 22nd, 2012 / 11:10 a.m.


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The Acting Speaker Bruce Stanton

I appreciate the intervention by the Parliamentary Secretary to the Minister of Aboriginal Affairs. The question before the House pertains to the time allocation question regarding Bill C-27. The member has posed a question. We will leave it to the minister if he wishes to answer the question and we will proceed at that point. I thank the hon. member.

Bill C-27—Notice of time allocation motionFirst Nations Financial Transparency ActGovernment Orders

November 22nd, 2012 / 11:10 a.m.


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Conservative

Greg Rickford Conservative Kenora, ON

Mr. Speaker, I rise on a point of order. I understand the latitude that is afforded to all members in their questioning, but we started out this debate on three specific motions from the critic for aboriginal affairs and the bill itself. We have seen best efforts here to attach things like accountability back to the bill and I have remained seated, but this question actually has nothing to do with what we are currently debating, not in any way, shape or form.

I would turn our minds to Standing Order 11(2) where the Speaker in this case, having called the attention of the House to the conduct of a member who persists in irrelevance or repetition, and, in this case, the point of order is on irrelevance. It has nothing to do with Bill C-27 in its substance.

That question was--

Bill C-27—Notice of time allocation motionFirst Nations Financial Transparency ActGovernment Orders

November 22nd, 2012 / 11:05 a.m.


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Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, I have come to expect that from the member.

There is no requirement under Bill C-27 for anyone beyond elected officials to disclose salaries, per diems and honorariums. That is what we do federally, provincially and municipally. There is the odd jurisdiction that goes beyond that. We do not want to put this whole area into the realm of political partisanship, which is what the member is trying to do.

Bill C-27—Notice of time allocation motionFirst Nations Financial Transparency ActGovernment Orders

November 22nd, 2012 / 10:50 a.m.


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Conservative

John Duncan Conservative Vancouver Island North, BC

Mr. Speaker, the views and concerns regarding the bill have had ample time to be debated and discussed. The bill was introduced on November 23, 2011. Second reading debate occurred on June 20, with the vote occurring June 21, and it featured almost six hours of debate in this chamber before being referred to committee. The standing committee met seven times between October 15 and November 5 to study and discuss Bill C-27. We also heard from 21 witnesses from 13 organizations.

During the report stage debate yesterday, the House spent over six hours of debate on the bill. The NDP had no less than 20 speakers. We heard no new opposition issues in all this time. On two occasions the Speaker had to intervene to ask members to keep their comments focused on the subject under debate. All this was for a relatively simple bill with only 13 clauses.

Bill C-27—Notice of time allocation motionFirst Nations Financial Transparency ActGovernment Orders

November 22nd, 2012 / 10:40 a.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, in relation to Bill C-27, An Act to enhance the financial accountability and transparency of First Nations, not more than one further sitting day shall be allotted to the consideration at report stage of the bill and one sitting day shall be allotted to the consideration at third reading stage of the said bill; and

That, 15 minutes before the expiry of the time provided for government orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Business of the HouseOral Questions

November 8th, 2012 / 12:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon, before we depart to our constituencies and events for Remembrance Day where most of us will be participating in remembrance services in our ridings, we will resume third reading debate on Bill C-28, the financial literacy leader act.

The week of November 19 will continue to see a lot of important action at the House committee level, where we are looking at the budget implementation act, Bill C-45, the jobs and growth act, as it advances through the legislative process. The finance committee is supported by 10 other committees looking at it and all together they will conclude the review of this very important bill and the very important job creation and economic measures that are laid out, measures that were first put before Parliament back in our March budget.

Meanwhile, on Monday the House will continue the third reading debate of Bill C-44, the helping families in need act, which we started this morning. Given support for the bill from all corners of the House, I hope it will pass that day so the Senate can pass it before the end of the year.

After Bill C-44, it is our intention to take up the report stage and third reading of Bill S-11, the safe food for Canadians act, which was reported back from the agriculture committee yesterday. I hope we will see strong interest in passing that bill quickly, just as we did for second reading.

Once that bill passes on Monday, the House will return to third reading of Bill C-28, the Financial Literacy Leader Act, if we do not finish the debate today.

That will be followed by second reading of Bill S-8, the Safe Drinking Water for First Nations Act. On Tuesday, Wednesday and Friday, the chamber will consider report stage and third reading of Bill C-27, the First Nations Financial Transparency Act, which was also reported back from committee yesterday.

I should also advise the House that on Tuesday when we return from the Remembrance Day week, immediately after question period I will call ways and means Motion No. 14 respecting some technical amendments to tax laws. Let me assure the House that there should be no doubt about this, but the opposition will no doubt be disappointed. This motion will definitely not implement the New Democrats' $21.5 billion job-killing carbon tax.

Finally, on Thursday before question period, the House will resume second reading debate of Bill S-8 and after question period we will take up Bill S-2, the family homes on reserves and matrimonial interests or rights act, also at second reading.

Aboriginal Affairs and Northern DevelopmentCommittees of the HouseRoutine Proceedings

November 7th, 2012 / 3:45 p.m.


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Conservative

Chris Warkentin Conservative Peace River, AB

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on Aboriginal Affairs and Northern Development in relation to Bill C-27, entitled “First Nations Financial Transparency Act”. The committee has studied the report and has decided to make amendments to this report. Therefore, I report the bill back to the House with amendments.

Business of the HouseOral Questions

June 15th, 2012 / 12:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Madam Speaker, I am pleased to start my one-day-late Thursday statement with the Conservatives' deep gratitude to all of the staff and pages of the House of Commons, who were forced to endure a rather long Wednesday sitting. I thank them for that and I apologize that they were subjected to it.

On to the remaining business of the House, this afternoon will we complete third reading debate of Bill C-11, the copyright modernization act. On Monday we will have the third reading debate of Bill C-38, the jobs, growth and long-term prosperity act, now that we are past the opposition's theatrical and ideologically driven delay tactics at report stage, which caused you, Madam Speaker, to have to spend an undue length of time here, in particular during the unfortunate act of slow votes, which really achieved nothing but inconvenience to the staff and pages of the House of Commons.

If we have extra time on Monday, we will resume second reading debate on Bill C-15, the strengthening military justice in the defence of Canada act. For the remainder of the week, I want to see the House dispose of the many bills that are still awaiting our work and attention. To accommodate the House, we have voted to sit into the evenings next week.

I would welcome any co-operation from my counterparts on moving these bills forward efficiently. I would like to start with securing second reading and referral to committee before the fall sitting of the following bills: Bill C-24, the Canada—Panama economic growth and prosperity act; Bill C-28, the financial literacy leader act; Bill C-36, the protecting Canada's seniors act; Bill C-15, the military justice bill that I mentioned moments ago; Bill C-27, the first nations financial transparency act; and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Of course, this is only the start of my list, but it would be a good message for us to send to Canadians to show that we are actually willing to do our jobs, the jobs they sent us here to do, and actually vote and make decisions on the bills before us. A productive last week of the spring sitting of our hard-working Parliament would reassure Canadians that their parliamentarians are here to work.

To get on in that direction, since today is World Elder Abuse Day, I want to draw attention to our Bill C-36, the protecting Canada's seniors act. I believe this bill to combat elder abuse has the support of all parties. I have heard the suggestion of the opposition whip, but I would like to suggest we go one step further. I know the opposition has shown it likes to talk about things; we actually like to make decisions and get things done on this side of the House. With that in mind, and in recognition of this day, it is appropriate to advance this important bill right now and send it to committee for study. Therefore, I would like to ask for unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practices of the House, Bill C-36, An Act to amend the Criminal Code (elder abuse) be deemed to have been read a second time and referred to the Standing Committee on Justice and Human Rights.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:25 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, pursuant to Standing Order 27, the ordinary hour of daily adjournment shall be 12 midnight, commencing on Monday, June 11, 2012, and concluding on Friday, June 22, 2012, but not including Friday, June 15, 2012.

Today I rise to make the case for the government's motion to extend the working hours of this House until midnight for the next two weeks. This is of course a motion made in the context of the Standing Orders, which expressly provide for such a motion to be made on this particular day once a year.

Over the past year, our government's top priority has remained creating jobs and economic growth.

Job creation and economic growth have remained important priorities for our government.

Under the government's economic action plan, Canada's deficits and taxes are going down; investments in education, skills training, and research and innovation are going up; and excessive red tape and regulations are being eliminated.

As the global economic recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters most: jobs, economic growth and long-term prosperity. This is what our Conservative government has been doing.

On March 29, the Minister of Finance delivered economic action plan 2012, a comprehensive budget that coupled our low-tax policy with new actions to promote jobs and economic growth.

The 2012 budget proposed measures aimed at putting our finances in order, increasing innovation and creating suitable and applicable legislation in the area of resource development in order to promote a good, stable investment climate.

The budget was debated for four days and was adopted by the House on April 4. The Minister of Finance then introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, the 2012 budget implementation bill. The debate at second reading of Bill C-38 was the longest debate on a budget implementation bill in at least two decades, and probably the longest ever.

On May 14, after seven days of debate, Bill C-38 was passed at second reading.

The bill has also undergone extensive study in committee. The Standing Committee on Finance held in-depth hearings on the bill. The committee also created a special subcommittee for detailed examination of the bill's responsible resource development provisions. All told, this was the longest committee study of any budget implementation bill for at least the last two decades, and probably ever.

We need to pass Bill C-38 to implement the urgent provisions of economic action plan 2012. In addition to our economic measures, our government has brought forward and passed bills that keep the commitments we made to Canadians in the last election.

In a productive, hard-working and orderly way, we fulfilled long-standing commitments to give marketing freedom to western Canadian grain farmers, to end the wasteful and ineffective long gun registry, and to improve our democracy by moving every province closer to the principle of representation by population in the House of Commons.

However, in the past year our efforts to focus on the priorities of Canadians have been met with nothing but delay and obstruction tactics by the opposition. In some cases, opposition stalling and delaying tactics have meant that important bills are still not yet law. That is indeed regrettable.

In the case of Bill C-11, the copyright modernization act, a bill that will help to create good, high-paying jobs in Canada's creative and high-tech sectors, this House has debated the bill on 10 days. We heard 79 speeches on it before it was even sent to committee. This is, of course, on top of similar debate that occurred in previous Parliaments on similar bills.

It is important for us to get on with it and pass this bill for the sake of those sectors of our economy, to ensure that Canada remains competitive in a very dynamic, changing high-tech sector in the world, so that we can have Canadian jobs and Canadian leadership in that sector.

Bill C-24 is the bill to implement the Canada-Panama free trade agreement. It has also been the subject of numerous days of debate, in fact dozens and dozens of speeches in the House, and it has not even made it to committee yet.

Bill C-23 is the Canada-Jordan economic growth and prosperity act. It also implements another important job-creating free trade agreement.

All three of these bills have actually been before this place longer than for just the last year. As I indicated, they were originally introduced in previous Parliaments. Even then, they were supported by a majority of members of this House and were adopted and sent to committee. However, they are still not law.

We are here to work hard for Canadians. Adopting today's motion would give the House sufficient time to make progress on each of these bills prior to the summer recess. Adopting today's motion would also give us time to pass Bill C-25, the pooled registered pension plans act. It is a much-needed piece of legislation that would give Canadians in small businesses and self-employed workers yet another option to help support them in saving for their retirement. Our government is committed to giving Canadians as many options as possible to secure their retirement and to have that income security our seniors need. This is another example of how we can work to give them those options.

In addition to these bills that have been obstructed, opposed or delayed one way or another by the opposition, there are numerous bills that potentially have support from the opposition side but still have not yet come to a vote. By adding hours to each working day in the House over the next two weeks, we would allow time for these bills to come before members of Parliament for a vote. These include: Bill C-12, safeguarding Canadians' personal information act; and Bill C-15, strengthening military justice in the defence of Canada act. I might add, that bill is long overdue as our military justice system is in need of these proposed changes. It has been looking for them for some time. It is a fairly small and discrete bill and taking so long to pass this House is not a testament to our productivity and efficiency. I hope we will be able to proceed with that.

Bill C-27 is the first nations financial transparency act, another step forward in accountability. Bill C-28 is the financial literacy leader act. At a time when we are concerned about people's financial circumstances, not just countries' but individuals', this is a positive step forward to help people improve their financial literacy so all Canadians can face a more secure financial future. Bill C-36 is the protecting Canada's seniors act which aims to prevent elder abuse. Does it not make sense that we move forward on that to provide Canadian seniors the protection they need from those very heinous crimes and offences which have become increasingly common in news reports in recent years?

Bill C-37 is the increasing offenders' accountability for victims act. This is another major step forward for readjusting our justice system which has been seen by most Canadians as being for too long concerned only about the rights and privileges of the criminals who are appearing in it, with insufficient consideration for the needs of victims and the impact of those criminal acts on them. We want to see a rebalancing of the system and that is why Bill C-37 is so important.

Of course, we have bills that have already been through the Senate, and are waiting on us to deal with them. Bill S-2, which deals with matrimonial real property, which would give fairness and equality to women on reserve, long overdue in this country. Let us get on with it and give first nations women the real property rights they deserve. Then there is Bill S-6, first nations electoral reform, a provision we want to see in place to advance democracy. Bill S-8 is the safe drinking water for first nations act; and Bill S-7 is the combatting terrorism act.

As members can see, there is plenty more work for this House to do. As members of Parliament, the least we can do is put in a bit of overtime and get these important measures passed.

In conclusion, Canada's economic strength, our advantage in these uncertain times, and our stability also depend on political stability and strong leadership. Across the world, political gridlock and indecision have led to economic uncertainty and they continue to threaten the world economy. That is not what Canadians want for their government. Our government is taking action to manage the country's business in a productive, hard-working and orderly fashion. That is why all members need to work together in a time of global economic uncertainty to advance the important bills I have identified, before we adjourn for the summer.

I call on all members to support today's motion to extend the working hours of this House by a few hours for the next two weeks. For the members opposite, not only do I hope for their support in this motion, I also hope I can count on them to put the interests of Canadians first and work with this government to pass the important bills that remain before us.

Government of CanadaStatements By Members

December 9th, 2011 / 11 a.m.


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Conservative

Kelly Block Conservative Saskatoon—Rosetown—Biggar, SK

Mr. Speaker, last spring Canadians elected a government that is listening and keeping its promises.

Canadians told me they wanted a government that would make keeping their children and communities safe a priority. As promised, within the first 100 sitting days of Parliament, we will pass Bill C-10.

Farmers in my riding told me that they wanted the freedom to market their own wheat and barley. We are delivering by passing Bill C-18.

I regularly hear how wasteful the long gun registry is. I am very pleased that the government is passing Bill C-19 to end this discrimination against law-abiding citizens.

People across Canada have also told me of the need for increased transparency and accountability for first nations governance. I am proud that the government has introduced Bill C-27.

We have listened and we have acted.