Bill S-2 (Historical)

Family Homes on Reserves and Matrimonial Interests or Rights Act

An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves

This enactment provides for the adoption of First Nation laws and the establishment of provisional rules and procedures that apply during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, respecting the use, occupation and possession of family homes on First Nation reserves and the division of the value of any interests or rights held by spouses or common-law partners in or to structures and lands on those reserves.

Violence Against Indigenous Women

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, I welcome the opportunity to participate in this important debate on the concurrence motion before the House today.

I will be splitting my time with the parliamentary secretary for aboriginal affairs.

We are here to address the report of the House of Commons Special Committee on Violence Against Indigenous Women. I was honoured to chair the special committee and I would like to thank the other members of the committee from all parties for their dedicated work on this report, as well as the organizations and individuals who made submissions and appeared as witnesses. Most of all, I would like to thank the families who came to tell us their heart-wrenching stories. They have done a great service to Canadians by bringing even more attention to what is a serious issue and a complex problem.

Let me say at the outset that our government has made it very clear that these abhorrent acts of violence against aboriginal women and girls will not be tolerated in our society. These violence crimes must be strongly denounced by the communities in which they occur and by all Canadians. Canada is a country where those who break the law are punished, where penalties match the severity of crimes committed, and where the rights of victims are recognized.

What the committee heard from the families is that they want justice. The reality is that far too many aboriginal families have felt the effects of violent crime and have had to live with the consequences. This is unacceptable and that is why our government continues to take action to address this problem. This report is about solutions. It is about actions and that is why I am very proud to support the report and the action plan.

I want to talk about economic action plan 2014 investing an additional $25 million over five years to continue efforts to reduce violence against aboriginal women. On September 15, the Minister of Labour and Minister of Status of Women launched the Government of Canada's action plan to address family violence and violent crimes against aboriginal women. This action plan was developed in response to the 16 recommendations identified in the report of the Special Committee on Violence Against Indigenous Women. It also builds on lessons learned from the government's previous investments, as well as the many studies and reports on this issue, including the RCMP's national operational overview, a thoughtful and thought-provoking report released earlier this year.

In developing the action plan, the Minister of Status of Women also met with leaders of several aboriginal organizations and communities, as well as a number of individual victims and families. The action plan sets out concrete actions in three areas: to prevent violence, to support victims, and to protect aboriginal women and girls from violence. It includes the new funding of $25 million over five years beginning in 2015-16, as well as renewed and ongoing support in a number of important areas. I would like to tell the House about some of those areas.

The $25 million specifically includes $8.6 million over five years for the development of more community safety plans off and on reserve across Canada, including in vulnerable communities with a high incidence of violent crime perpetrated against women as identified in the RCMP report that I mentioned earlier. It also includes $2.5 million over five years for projects to break intergenerational cycles of violence and abuse by raising awareness and building healthy relationships.

This is one example that I think resulted directly from evidence heard at the special committee, that the cycles of violence would continue if we did not stop them in their tracks. The committee heard over and over again from aboriginal organizations, aboriginal leaders and families that the cycle must stop, so this government is taking that seriously and that was worked into the action plan. The funding also includes $5 million over five years for projects to engage men and boys and empower women and girls in efforts to denounce and prevent violence.

This was another theme that came up over and over again, engaging men and boys off and on reserve to understand that the cycle had to stop and that these behaviours could no longer be tolerated or encouraged. There are programs in effect and we are committed to funding those programs to engage men and boys. There would also be $7.5 million directly for victims and their families for support as well as $1.4 million to share information and resources among community organizations and to report regularly on progress made.

I am particularly proud that part of the 2014 funding commitment, $1.3 million per year, would go to a DNA-based missing persons index. This is extremely important. We heard from many of the witnesses at committee that we needed a central database of missing persons. This would help law enforcement, the RCMP and police, to investigate the crimes and find the perpetrators more quickly and efficiently.

The member for Trinity—Spadina mentioned in his speech funding for shelters. I am particularly pleased that there is funding of $158 million over five years for shelters and family violence prevention activities. That is through Aboriginal Affairs and Northern Development Canada. Perhaps the parliamentary secretary will tell us a bit more about that in his comments.

One of the other issues that came up a couple of times was economic security for aboriginal women. I think one of the most obvious and relevant actions that this government has taken on this front is the passage of Bill S-2, matrimonial property rights on reserve.

When I tell women in my riding of Mississauga South that until the House passed this bill, women on reserve did not have the right upon dissolution of a common law relationship or marriage to own property, they cannot believe it. Frankly, it does not seem right that in a country as great as Canada that this would be the case. We identified this as a problem because when one does not have a home, one cannot have economic security. That has all changed, and now women on reserve have the same rights that every other Canadian woman has enjoyed for many decades.

Taken altogether, these measures outlined by the minister in the action plan represent a total investment of $196.8 million over five years, so it is no surprise that many stakeholders have endorsed this action plan. Chief Ron Evans of the Norway House Cree Nation said:

This comprehensive Action Plan responds to the needs and recommendations made by stakeholders across the country in developing a concrete and action-oriented plan with significant resources and funding for implementation.

I think that is a fancy way of saying that the committee listened. The committee heard from the witnesses and made recommendations that were then implemented into the action plan. We are finding those solutions and taking the necessary action to help women and to solve this very tragic situation in Canada.

First Nations Control of First Nations Education Act

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I listened to the debate with great interest.

I want to echo what my colleague said, that the Conservative government did not consult the first nations on this bill. We talked to a number of communities across the country and we found, in fact, that the communities are against this bill that, among other things, is not increasing funding for the first nations education system to an acceptable level.

I would like to ask my colleague why he thinks that it is acceptable not to consult the first nations on this bill. The Conservatives did that in the past with Bill S-2, which aboriginal women opposed.

Why does the government keep introducing bills that do not have the support of aboriginal communities across the country? Let us not forget that the government has a constitutional duty to consult the first nations.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am privileged to stand in the House to speak to a bill that is extremely important to the people who sent me to Parliament, first nations and indigenous people in northern Manitoba, and of course, first nations people across our country.

I want to begin by speaking about the reality that first nations youth face in communities in our part of the country. Some weeks ago, I had the opportunity to visit Little Grand Rapids. Little Grand Rapids is a small first nation on the southeast side of Lake Winnipeg. It is isolated. There are no roads that go there; it is in the middle of the forest, or the bush, as we call it. People work hard at what they do, hunting, trapping, fishing, and they hope for the best for the future of their kids, as anybody does.

What I hear from them when I visit from house to house is their concern for their kids, the concern that their kids are not going to have the same opportunities as other kids. It is not because of where Little Grand Rapids is, how far it is from the city or where it is positioned geographically. It is because it is a first nation, and they know their kids face some of the most unequal opportunities in terms of education in this country. Because they are first nations, going to school on reserve, they are guaranteed to be going to a school that is funded to a lesser extent than other schools.

What does that mean? It means that their kids go to a school that some people describe as a fire trap. It is a school where the doors do not lock properly. In order to lock them in -40° weather, so the cold does not come in, they have to a use a chain and a lock. It means the fire alarm system does not work. In fact, when Aboriginal Affairs and Northern Development built the school, it hooked up those little fire alarm contraptions that we see everywhere else. It put them on the walls throughout the school and never hooked up the wiring to a fire alarm system. Guess what? There is no fire alarm system. Not only is there no fire alarm system, but as a result there is no sprinkler system, and due to the underfunding, there are no fire extinguishers.

My question in the House for the Minister of Aboriginal Affairs and Northern Development is whether he would be okay with his kids going to a school like that. Why should the youth of Little Grand Rapids and first nations across this country go to schools that are dangerous, underfunded, falling apart, and full of mould, that do not have enough books, do not have enough teachers, and do not have enough resources, and that are setting them up to fail?

When we talk about the history of colonialism and paternalism that first nations have faced in this country, we cannot just talk about history, because it is happening today. It is happening in the way first nations people face unequal standards across the board, whether it be education, health, employment, housing, or infrastructure. The list goes on.

To see what is most fundamentally clear in the response to the needs of first nations youth and the kind of paternalism we see, one has to go no further than the approach the government has taken on Bill C-33, the first nations education act. The reason I say that is that a fundamental obligation of the federal government to consult with first nations people has not been adhered to in the development of this critical bill.

First nations across the country, certainly those in Manitoba, have been clear that, without consultation, the bill cannot be supported. It is not because they have not made clear the importance of consultation. They have made it clear and have been consistent over the last number of years.

In December 2012, Aboriginal Affairs and Northern Development Canada began consultations on an education act. In July 2013 the department released a document called “Developing a First Nation Education Act: A Blueprint for Legislation”. With few amendments, that blueprint became a draft legislative proposal for a first nations education act in October 2013. I am sure all too many members of the government will remember that the draft proposal was condemned by first nations educators, leaders, and activists overwhelmingly.

On the very issue we are discussing today, on the critical issue of education for first nations, first nations have told us the direction they want to take and their priorities.

In 2013 a special assembly the Assembly of First Nations highlighted five priorities: first, respect and recognition of inherent rights and title, treaty rights, and first nations control of first nations education jurisdiction; second, statutory guarantee of funding; third, funding to support first nations education systems that are grounded in indigenous languages and cultures; fourth, mechanisms to ensure reciprocal accountability and no unilateral federal oversight or authority; and fifth, ongoing dialogue and co-development of options. Those five priorities were laid out clearly in a very public manner by first nations themselves, and sadly, the federal government failed to adhere to those priorities.

What we hear from the federal government is rhetoric that is at first premised on having spoken with first nations and of having heard real concerns. Then when I and my colleagues raise the concern that first nations across the country have not been consulted on this legislation, when they need to be consulted, we hear threats, intimidation, and the same old colonial attitudes that first nations have put up with for centuries.

It is clear that first nations across this country are saying no to the first nations education act. I and my colleagues in the NDP are proud to stand with them. I am proud to stand with first nations educators who are speaking out against the first nations education act.

I would like to share the words of Janice Mokokis, an educator and lawyer from Alberta, who has been involved with the Idle No More movement. She has been clear in her opposition to the first nations education act. Janice tells us:

There have been rallies and teach-in's held across the country to inform the Canadian public and First Nations about the implications of this Bill. People who have attended the rallies include children, mothers, fathers, teachers, professionals, leaders and those that would be directly affected by this...[government's actions]. There has been consistent opposition about the Conservative's agenda what they deem to be good for First Nations on Education. The Conservative's idea of 'consultation' needs to be closely questioned and critically examined. For example: In the Saskatoon consultation, people were...pushed out of the 'education consultation'.

It was made clear that they were not welcome to have their voices heard.

I also stand in solidarity with people in the blue dot campaign, who made clear their opposition to the government's desire for them not to be welcome at the announcement on the Kainai first nation in Alberta. Members of that nation and first nations people from across the country were there to hear an announcement of legislation that has everything to do with their future, and yet they were not even welcome to stay in the room.

It is clear that there is opposition from coast to coast to coast. First nations people are saying that their inherent rights are not being respected, that their treaty right to education is not being respected, and that the right to consultation that they have under the Canadian Constitution and that is recognized in the UN Declaration on the Rights of Indigenous Peoples is not being respected. The necessity of consultation is not being respected.

The reality is that first nations youth sit by and suffer as a result of the way the Conservative government is approaching a fundamental part of their development and future. We know the statistics are grim. Secondary school data over the last number of years identify the rate of first nations graduation at approximately 36%, compared to the Canadian graduation rate of 72%. Some 61% of first nations young adults have not completed high school, compared with 13% of non-aboriginal people in Canada.

In 2010, there were more than 515 first nations elementary and secondary schools available to approximately 109,000 first nations students resident on reserve. Over 64% of these students attended 515 on-reserve schools operated by first nations. The majority, 75%, were enrolled in either kindergarten or elementary school.

First nations youth is the largest young population in our country. I am so privileged to have had a chance to visit first nations across our region and look into the bright faces of these little kids, who want to be doctors, lawyers, teachers, and carpenters and who want to do great things. All I can think of is the way I come to work every day to look at a government, a Prime Minister, and a Minister of Aboriginal Affairs and Northern Development that do everything in their power to ignore the voices of their communities, educators, and leaders. They say they are doing the right thing and they say they are going to do the right thing, but after the next election, maybe in a few years, or maybe if they get re-elected. Maybe. All the while, these young people are left in limbo.

I am also fortunate to have learned from elders. They are elders who fought as part of the Manitoba Indian Brotherhood, fought against the white paper, and fought against the control that the federal government had on their education. They fought back, and they fought for first nations control of first nations education. Many of these elders are not with us today, owing to the challenging life situations in our communities and the shorter life spans that first nations people have. However, in my conversations with them and in my journey to Parliament, they taught me a very clear lesson, that first nations control over first nations education is fundamental to the success of the education system. It is fundamental to the success of first nations youth as they go forward. This is because first nations know what their nations need.

We know about education in first nations language; youth who learn their first nations language succeed at great rates. We know that when they have the resources in their schools to learn their mother tongue, the historic language of their people, they will have opportunities that other youth do not have. We know that when first nations have control over the kind of curriculum, priorities, and lessons that are shared with their youth, their students succeed.

I think of first nations like Roseau River, Peguis, Fisher River, and others that have had very successful models when it comes to education. It is not because the Minister of Aboriginal Affairs and Northern Development told them how to do it. In fact, it is the absolute opposite. It is these first nations that have stood up and sometimes, with the few resources they have, pulled together extraordinary people. They have supported the education of their youth, who have gone on to become experts and specialists in education and have come back to their communities and invested in the resource that is most important to them: their youth.

One would think that, in seeing the successes and knowing the way graduation rates in first nations increase when there is proper funding and proper support, when there is a focus on first nations language, the Department of Aboriginal and Northern Affairs would celebrate, that it would say that first nations control over first nations education is critical.

Consulting with first nations on further steps, on a first nations education program, is not only critical but first nations need to be leading that direction. Instead, what we have is a slap in the face from the federal government, which has a fiduciary obligation to first nations that makes it very clear that it does not matter what success these students have, it does not matter what success these leaders have had in fighting for education in their communities, with its response to promise action and change and to do that with a father-knows-best mentality, that what it knows best is what is going to go.

Some years ago I had the honour of sitting with leaders and grassroots people in Thompson at the office of the Manitoba Keewatinowi Okimakanak, where we saw live the apology the Prime Minister made to first nations people about the tragedy of the residential school system. I remember it moved all of us. I am proud that our leader Jack Layton was integral in that important historic day. There were tears. There was sobbing. There were people who were very emotional about that apology, people who had been very clear about the abuse, the oppression, and the racism they had faced. However, there was also an overwhelming sense of hope, hope that things can change, that a new spirit of reconciliation was guiding our country.

Over the last six or seven years, I cannot say how many people I have met across northern Manitoba, how many first nations people, who have said obviously that apology meant nothing to the Prime Minister. People took the time to believe and to enter into that spirit of reconciliation. Unfortunately, through the actions of Prime Minister, not just in looking at Bill C-33 but also Bills S-2, S-6 and S-8, as well as omnibus bills like Bills C-45 and C-38, we can look at the long list of legislative actions that the government has taken that fly in the face of that apology, of that spirit of reconciliation, of that commitment that the relationship with first nations would be different.

At the end of the day, is there anything more important than investing in the future of our young people? In the one area of education, the federal government had the chance to change course and maybe remember the statement that the Prime Minister had made in terms of that apology and act in the spirit of that apology. Instead, he and his government have chosen to take a very different approach, an approach that is clearly not only supported by first nations but is extremely deeply problematic in terms of the future of first nations education in our country.

In closing, I am proud to stand with first nations in Manitoba who oppose the first nations education act and who are very clear in demanding far better from the government, from Canada, and from the Crown when it comes to the future of education for first nations.

[Bernard Valcourt, Conservative, Minister of Aboriginal Affairs and Northern Development]

Thank you, Mr. Chair, for inviting me and my officials to outline our department's supplementary estimates (C) for 2013-14.

Before I do—and you alluded to it—I want to thank committee members for the valuable role they play in ensuring that Canadian tax dollars are used wisely and are achieving their intended results, among them, jobs, economic opportunities, and long-term prosperity for aboriginals and northerners. I would also note that, as this committee sees I'm sure, our government is currently pursuing a heavy legislative agenda related to aboriginal peoples and the north, and I want to express my gratitude to this committee for its ongoing work in moving this agenda forward.

Mr. Chair, from the many local projects—roads, water systems, schools, and connectivity projects—to initiatives aimed at large-scale reform such as the recently announced first nations control of first nations education act or the Northwest Territories lands and resources devolution agreement, our government is delivering on its commitment to create jobs and economic opportunities for aboriginal and northern communities. We remain focused on ensuring that aboriginal peoples are an integral part of our government's broader jobs and economic growth agenda, while building a renewed relationship with first nations people.

I believe we have made important progress in that vein. Areas where we have seen significant improvements are skills and training, education, economic development, claim resolution, and removing barriers to better governance.

Through work with willing partners, carefully targeted investments, legislation as well as claims agreements, we continue to take the concrete steps necessary to create the conditions for stronger, more self-sufficient aboriginal and northern communities.

Through these estimates, we are continuing to make strategic and targeted investments in the amount of $72.4 million that are directed at shared priorities we have with first nations, Inuit, Métis and northerners. Furthermore, the supplementary estimates earmarked $36.1 million to meet the Government of Canada's obligations under the Northwest Territories Lands and Resources Devolution Agreement, which I had the privilege of signing in Inuvik last June, on behalf of the Government of Canada, along with the Government of the Northwest Territories and five aboriginal partners.

This historic agreement gives northerners greater control over their own lands and resources, all the while unlocking the economic potential of the region by modernizing the existing regulatory regime. This will strengthen environmental stewardship and protection and ensure that the Northwest Territories remains an attractive place to live, work and invest.

The health and safety of first nations communities is also something we have to heart and it is a priority of our government. To that end, $33.2 million from our supplementary estimates will address health and safety concerns related to flooding and other natural disasters that occurred in first nations communities in 2013.

As you will recall, a number of serious weather-related incidents this past year put first nation residents at risk, including flooding in Saskatchewan and floods and storm surges in the Atlantic region. Several communities in northern Manitoba and Ontario also had to be evacuated due to forest fires. Funds allocated in these supplementary estimates go towards provinces, territories, or other organizations that incurred costs in both responding to and recovering from these emergency situations.

In November 2013 I also announced a new comprehensive approach to emergency management that will better protect the health and safety of first nations people living on reserve. This new approach will simplify the current process by creating a new single window for first nations to secure funding for emergency costs. This will eliminate overlap and provide first nations and provinces and territories improved access to emergency funding when needed.

As well, we are revising the emergency management assistance program to strengthen program management and provide greater clarity about expense eligibility. Within that reform, we are also providing $19.1 million to negotiate and implement new or renewed agreements with the provinces and territories that support emergency preparedness. This includes the development of emergency management plans for first nation communities that will provide for timely, effective, and efficient support in times of crisis.

A further important initiative funded through these supplementary estimates is the new Centre of Excellence for Matrimonial Real Property. A portion of the $1 million will be provided to the centre to implement and enforce the Family Homes on Reserves and Matrimonial Interests or Rights Act. I was pleased to be in Vancouver this past December, Mr. Chair, to announce its coming into force and mark another important milestone towards ensuring that families living on reserve have access to the same basic rights and protections as all other Canadians in the case of a breakdown in marriage, common-law partnership, or divorce—protections that they have been without for nearly three decades.

Mr. Chair, we know that aboriginal youth represent the fastest growing segment of the population, and yet they have one of the lowest graduation and unemployment rates today. This situation concerns us.

Supplementary estimates (C) has also set aside another $1 million for Cape Breton University's Purdy-Crawford Chair and aboriginal business studies to encourage business studies by aboriginal students. This money, which was announced in last year's economic action plan, will enable more young people to develop business, investment and corporate skills to spur economic development in aboriginal communities across the country.

Mr. Chair, as you can see, the expenditures detailed in these estimates are vital to the lives and livelihood of aboriginal people and northerners. They are key to improving their standard of living and quality of life, and continued economic development, jobs and growth.

I welcome the committee member's questions regarding my presentation. My officials and I will be pleased to answer your questions about any aspect of the supplementary estimates (C).

Thank you.

Motions in amendment

[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.

Status of Women

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, since 2007, we have invested over $62 million in funding for over 300 projects to end violence against women and girls through Status of Women. This is the highest level of funding ever.

We have also ended house arrest for sexual assault involving serious personal injury and aggravated sexual assault, strengthened sentences for child sexual abuse and toughened penalties for those who import, produce and traffic date rape drugs.

If the member opposite was so concerned about helping women and girls, perhaps she should have voted for Bill S-2.

[Carolyn Bennett, Liberal, St. Paul's, ON]

In terms of funding for the shelters, we've heard both at this committee and at the hearings on Bill S-2 that there don't seem to be enough shelters, and if there aren't shelters then there is probably not transitional housing. Certainly, hearing that 70% in Nunavut don't have a shelter is worrying.

[Joan Crockatt, Conservative, Calgary Centre, AB]

I would like to take a moment at the outset to correct the record.

Ms. Mathyssen said it was March 2012 since the minister had appeared before this committee. She was not on the committee this year, and she might have received inaccurate information. In fact, Minister Ambrose did appear before this committee in the spring, on Bill S-2. I just wanted to note that.

Minister, thank you so much for being with us today.

You are a role model for women. When we're talking about women and their full participation in the economic, social, and democratic fabric of Canada, I can't think of anybody who would show them it's possible more than you. You're a pediatric surgeon. You have your M.B.A. You've been a leader in the health care field. You've been a really busy parliamentarian. Now, as the minister, I know you are and will be a very strong champion of girls' and women's rights. Thank you for being here.

I want to ask you about women's participation in the workforce, particularly in the skilled trades. I'm sure you are well aware that women are 47.5% of the Canadian workforce, but they're under-represented in skilled trades and science and technology. These tend to be higher paying jobs. They hold only 11.8% of construction jobs; 19% of forestry, fishing, mining, and oil and gas jobs; and 30% of agriculture jobs.

I was shocked, for example, to go up to Fort McMurray and find out that women are the most adept at operating those big, huge, and very expensive trucks.

In many cases, I think women don't look to those occupations that can lift them out of lower paying jobs. I'm wondering if you can tell us how Status of Women is working to encourage and promote women in these higher paying skilled trades.

[Susan Truppe, Conservative, London North Centre, ON]

Thank you, Madam Chair.

I would like to thank you, Minister, for taking the time to come and speak with us and answer our questions. I am happy to welcome you here today, as we are aware you have a very busy schedule. On behalf of this committee, I would like to thank you for all you're doing for women and girls in Canada.

I want to mention that in your speech you said, “If Canada is to continue to be one of the most prosperous nations in the world, women must be able to fully participate and contribute to job creation and fuelling economic growth”. Thank you for saying that, because I think it is so true.

As you mentioned in your remarks, yesterday was the International Day for the Elimination of Violence against Women and the first day of the 16 days of activism against gender violence in Canada.

Violence against women is a concern for this government and for all Canadians. It ruins lives, destroys families, and takes a heavy toll on the economy. On average, every five days, a woman in Canada is killed in a domestic homicide. Women are more likely than men to experience certain forms of violence. For example, they are 11 times more likely to be a victim of a sexual offence and three times more likely to be criminally harassed.

In 2009, Statistics Canada estimated the economic cost of spousal abuse at $4.8 billion annually. These figures are very concerning. That is why our government continues to take decisive action across departments to combat violence against women and girls. Some examples are the passing of the Safe Streets and Communities Act, launching the national action plan to combat human trafficking, the stiffer legislation for cyberbullying that was announced recently, and of course, our own call for proposals on cyber and sexual violence.

One thing I really like is we passed Bill S-2, a very important bill that gave women on reserves the same rights that we sitting here today have.

I certainly believe that in order to be successful in combatting all types of violence against women, we need to work together as a government to accomplish this goal.

Minister, could you please inform this committee what Status of Women Canada has done and is currently doing to address the issue of violence against women and girls?

[Niki Ashton, NDP, Churchill, MB]

Good afternoon, Madam Chair.

I would like to move a motion before we begin. This motion reads as follows:

That the Committee invite the Honourable Kellie Leitch, Minister for Status of Women, to appear before the Standing Committee on the Status of Women on the Supplementary Estimates (B) before December 3, 2013 for two hours to discuss plans and priorities for Status of Women Canada and that this session be televised.

If I may, I would like to explain something.

First off, it would be really important for us as a committee to welcome the new Minister of Status of Women to share with us her presentation on the supplementary estimates (B). This would be particularly timely, based not just on the timing of the supplementary estimates, but also on the fact that she is a new minister with some very interesting ideas that we've already heard presented.

I also want to add that unfortunately, we are one of the committees that sees our minister the least. We only saw the previous minister once since 2011 to speak on general Status of Women ministry issues. Of course, we did hear her speak on Bill S-2, but as we know, that was very specific to legislation, and her presentation was also tied in to the presentation of the Minister of Aboriginal and Northern Affairs.

I think it's imperative for our committee to hear from our minister, to support the initiatives that we believe are worthwhile, and of course in the context of this motion, to also gain an in-depth understanding from her side on the supplementary estimates that guide the work of the Status of Women ministry.

Obviously, we're asking for this to take place before December 3. We realize that this is a tight timeline, but given that she is the Minister of Status of Women and we are the committee on the status of women, we believe that a priority ought to be made. We'd certainly appreciate immensely her visit and presentation to the committee.

Women's History Month

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, October is Women's History Month, and before it closes, I want to highlight some key ways our government is promoting equality for women.

Women make up an important part of our economic fabric. In fact, 187,000 businesses in Canada are owned by women. Now our opening doors initiative is helping young women access higher-paying, non-traditional jobs, like engineers and jobs in science and technology, carpentry, and plumbing. Now our government and the Minister of Status of Women are looking to promote more women on boards. Data shows that when women help direct corporations, profits rise.

Last June we passed the watershed bill, Bill S-2, which enables aboriginal women and their children living on reserve to stay in their homes in the event of domestic violence or family breakup. Finally, our maternal health program internationally is gaining great accolades.

The residents of Calgary Centre care about these issues, and on their behalf, I want to thank our government.

[The Speaker, Conservative, Andrew Scheer]

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to certain bills:

C-321, An Act to amend the Canada Post Corporation Act (library materials)—Chapter 10, 2013.

C-37, An Act to amend the Criminal Code—Chapter 11, 2013.

C-383, An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act—Chapter 12, 2013.

S-9, An Act to amend the Criminal Code—Chapter 13, 2013.

C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts —Chapter 14, 2013.

C-309, An Act to amend the Criminal Code (concealment of identity)—Chapter 15, 2013.

C-43, An Act to amend the Immigration and Refugee Protection Act—Chapter 16, 2013.

S-213, An Act respecting a national day of remembrance to honour Canadian veterans of the Korean War—Chapter 17, 2013.

C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts—Chapter 18, 2013.

S-209, An Act to amend the Criminal Code (prize fights)—Chapter 19, 2013.

S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves—Chapter 20, 2013.

S-8, An Act respecting the safety of drinking water on First Nation lands—Chapter 21, 2013.

C-63, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014—Chapter 22, 2013.

C-64, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014—Chapter 23, 2013.

C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts—Chapter 24, 2013.

C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts—Chapter 25, 2013.

S-14, An Act to amend the Corruption of Foreign Public Officials Act—Chapter 26, 2013.

S-17, An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes—Chapter 27, 2013.

S-15, An Act to amend the Canada National Parks Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to the Canada Shipping Act, 2001—Chapter 28, 2013.

It being 4:24 p.m., the House stands adjourned until Monday, September 16, 2013, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 4:24 p.m.)

Aboriginal Affairs

[Wai Young, Conservative, Vancouver South, BC]

Mr. Speaker, today I rise to mark a historic moment in this place. When our government passed Bill S-2, the family homes on reserves and matrimonial interests or rights act, shamefully, the Liberals and the New Democrats voted against this important legislation, which would give women and children living on first nations reserves the same matrimonial rights and protections as all Canadians.

Despite the courts having identified a legal gap in the protection of women and children on reserves some 25 years ago, violence and sometimes even death have resulted for too long. While it is unconscionable that the opposition parties stood against giving these rights to aboriginal women and children across our country, I applaud those countless women and organizations who came forward to support this bill.

Together, we have closed this gap, provided these protections and made our communities safer.

First Nations Elections Act

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I certainly want to thank my colleague for his compliments on the beauty of my constituency and northern Manitoba. It is indeed true.

However, I will respectfully disagree with the rest of his comments. I find that the status quo, if that is what we are talking about, is a colonial paternalistic approach that the government has taken on bill after bill. I had the chance to speak, along with first nations, against Bill S-2 on matrimonial property rights. We are hearing some of same themes here. First nations are not being heard and their concerns are not being taken into consideration, and the government continues to impose this bill. That is the status quo that first nations have seen from the Conservative government and the Liberal government before that, for far too long.

If anything, there is a chance now for the government to listen to first nations, to step up. There is a chance to take the leadership that is required to work with first nations and make real changes when it comes to repealing the oppressive nature of the Indian Act. They can truly work with first nations who want to make a difference for their communities and want to build a better future. That is what New Democrats are calling for.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am pleased to have the opportunity to speak in opposition to Bill S-6, yet another bill that the Conservative government is putting forward about which first nations have a great deal of concern. Certainly he NDP believes it is a serious matter and that first nations voices, like on any issue that pertains to them directly or indirectly, must be heard.

I rise to speak to the bill on a very important week, a very important anniversary for first nations in Canada. Five years ago, the Prime Minister rose in the House of Commons and apologized to residential school survivors, their families and their communities and he committed to a new relationship. He committed to a new beginning in the Crown-first nations relationship. Fast forward five years later, and not only have we not seen a new relationship, we have seen the government continue to impose legislation after legislation that flies in the face of that commitment.

Bill S-6, like bills that have gone forward, misses out on the critical piece, and that is first nations consultation. What first nations raise in terms of concerns must be reflected in the bill.

We have a case now with Bill S-6 where the government is applying rhetoric regarding empowerment, the importance of fair elections and stability in first nations, concepts which are very worthwhile and sound great. However, when we scratch the surface and start looking at what was said in the Senate when the bill was being discussed and when we start hearing directly from first nations and first nations leadership, we realize the bill is not about empowerment and it does not provide the kind of stability that first nations need when they come to their electoral system.

The NDP believes strongly that as a result, the bill cannot be supported. The government must go back to the table with first nations and listen to the very concrete concerns they have raised directly with members of the government. As we know, this has been debated in the Senate and changes must be reflected in a bill that purports to deal with making first nations elections fairer to allow greater stability in the community.

The bill establishes rules for elections, apart from the Indian Act. These include an election cycle longer than two years, the ability to have a common election date, elements that have been raised by first nations and need to be addressed. We agree with the need to address these issues, but we share the serious concern that first nations have brought forward, and that is Bill S-6 gives the Minister of Aboriginal Affairs and Northern Development the power to order a first nation with community designed elections to adhere to the new regime.

We want to see first nations' elections improve, but this is basically tinkering around the edges of the Indian Act and does not address the extensive powers of the Minister of Aboriginal Affairs and Northern Development over the right of bands to determine their own future.

In making that statement, it is very much founded on a critical concept. We have a federal government that has committed to the UN Declaration on Indigenous Rights, yet putting forward Bill S-6 very much disrespects that commitment. I quote from article 18 in the UN declaration which states:

Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Unfortunately, when we turn to the legislative summary of this bill, it indicates that:

First Nations may choose to opt in to the new elections regime proposed under the legislation, or they may be brought under the new elections regime by ministerial order in some circumstances.

We in the NDP stand with first nations in expressing our complete and utter opposition to this very point, a point that challenges the commitment that the government and our country made to the UN declaration of indigenous rights. It flies in the face of the promise the Prime Minister made of a new beginning and a new relationship.

According to Aboriginal Affairs and Northern Development Canada, 240 first nations hold elections pursuant to the Indian Act, 341 first nations conduct custom or community-based elections rather than elections under the Indian Act, and 36 first nations select their leaders according to their self-government agreements.

We have heard real concern expressed from many first nations about the short term of office for first nations leadership positions, and I certainly know this from the first nations that I represent. We agree with first nations in saying that the two-year term of office imposed on first nations by the Indian Act is too short to provide political and economic stability, often creating deep divisions in communities.

I have had the chance to get to know many chiefs and councillors across northern Manitoba who have struggled when that has been the case in their communities. They have brought forward ideas, a visionary approach to governing their community that perhaps differs from the approach of leaders who have come before them, but two years is not enough time to make changes and get the community on the path that they would like it go down based on the support of their community members. We agree with first nations in saying that the two-year timeline must be removed.

I would like to note that we also agree with the substantive concerns with the Indian Act elections that relate to the degree of ministerial intervention, the lack of an adequate and autonomous appeals process and the absence of flexibility to set the terms of office and determine the size of councils.

We believe it is extremely problematic and, frankly, reeks of colonialism that the Minister of Aboriginal Affairs and Northern Development would be able to interfere through ministerial order, as is clearly stated in this bill, in elections on first nations.

I would like to refer back to the Royal Commission on Aboriginal Peoples and some of the recommendations they made back in 1996. The Senate committee on aboriginal peoples said:

With respect to elections, a key proposal was to develop community leadership selection systems and remove the application of the Indian Act as a preliminary measure to re-establishing traditional forms of leadership. To accomplish this, the following steps were suggested: community level development of custom codes; community development of local dispute resolution procedures; regional first nations capacity and advisory bodies.

Again, some of the elements that were recommended back in 1996 are not present or appropriately resourced under the current legislation.

We have referenced a sticking point under subclause 3(1), which states that “The Minister may, by order, add the name of a First Nation to the schedule...” of first nations participating in the new election system.

The other problem with this legislation is the regulations in clause 41. The clause provides for the Governor in Council to have broad and general powers to make regulations with respect to elections.

We have had the chance to hear from many leaders and people involved in aboriginal governance who have expressed their opposition to the current iteration of Bill S-6, and I would like to read into the record their voices.

Before I do that, I want to also acknowledge that we have seen a very problematic pattern by the government in bringing in closure on debate regarding first nations bills. We saw it with Bill S-2 and we saw it with bills that came forward prior to Bill S-2.

For us in the NDP, it is absolutely fundamental that first nations voices be heard in committee in order to best shape legislation or to give us the opportunity to challenge legislation on their behalf.

Unfortunately, my experience has been that the Conservative government has done everything in its power to muzzle the voices of first nations and to silence them when it comes to speaking out on bills that have everything to do with their communities. That is unacceptable, and it once again reflects the colonial approach that we have seen from the current government time and time again.

Having said that, I would like to read into the record some of the messages we have heard from first nations people when the bill was at the Senate committee.

I would like to start with a quote from the Grand Chief of the Assembly of Manitoba Chiefs, Derek Nepinak. He said:

This proposal does not fulfill the recommendations put forth by the AMC. It appears to be an attempt by the Minister to expand governmental jurisdiction and control the First Nations electoral processes that are created pursuant to the Indian Act or custom code. I am hopeful that Canada will engage in meaningful consultation with First Nations in Manitoba in order to fix some of the problems, instead of unilaterally imposing a statutory framework that will greatly affect the rights of First Nations.

There are a number of key messages here, including the reference to the need for meaningful consultation. He acknowledges that there are problems, and that one of those problems is the unilateral imposition of this framework that would greatly affect first nations.

I would also like to quote Jody Wilson-Raybould, the B.C. Regional Chief from the Assembly of First Nations. She spoke to the problems with clause 3. She said:

These provisions essentially give the minister the ability to impose core governance rules on a First Nation, which, if ever used, would be resented by that First Nation, would not be seen as legitimate in the eyes of that nation, and would probably add fuel to an already burning fire.

Ultimately, each nation must, and will, take responsibility for its own governance, including elections.

Tammy Cook-Searson, Chief of the Lac La Ronge Indian Band, noted:

My main objection to this bill is the lack of positive change from the old Indian Act. Neither the Indian Act nor Bill S-6 incorporate the constitutional principles of the inherent right to self-determination and governance. The authority in this bill remains with the cabinet and the Minister of Aboriginal Affairs and Northern Development Canada instead of moving towards a greater responsibility with First Nations for our governance.

Aimée E. Craft, chair of the national aboriginal law section of the Canadian Bar Association, came to the Senate committee on February 29 and presented, saying:

[D]ealing with the level of ministerial discretion to include First Nations in the schedule of participating First Nations, this changes the opt-in nature of the legislation. It continues minister discretion to exercise control over First Nations governance and it would result in some First Nations being subjects of the act rather than participants. In addition, the bill lacks clarity as to the standard that the minister will apply in making determinations about what constitutes a protracted leadership dispute that has significantly compromised the governance of a First Nation.

These are first nations leaders, and Aimée Craft is a specialist when it comes to the legal aspect of the bill. They all express serious concern about a number of points in Bill S-6.

It was also noted that:

Ultimately, how attractive this legislation will be to any First Nation will depend greatly on what is, or what is not included or provided for within the Regulations. However, it should be kept in mind that Regulations are designed and intended to be amended easily and quickly. Therefore, while a First Nation may opt into the First Nations Elections Act on the basis of what it considers to be attractive Regulations, there is no guarantee that the Governor in Council will not change those Regulations to something that a First Nation may find less appealing.

There are a number of concerns. What I find extremely problematic here is the Conservative government's continued approach in imposing legislation and refraining to hear from first nations on very serious matters that have everything to do with their capacity to be self-determining for their own people, yet the Conservatives turn around and use broad-sounding language that may sound great to a lot of Canadians but that certainly hides the true facts.

I think of the first nations that I have the honour of representing and the kinds of challenges that I have heard from people when it comes to their election systems and the barriers they face when it comes to the Indian Act.

I know that the Conservative government has also jumped on the bandwagon of critiquing the Indian Act, yet it is ironic that so many first nations point to the Indian Act as being a colonial tool that oppresses first nations further.

Is imposing legislation on first nations not a sign of further oppression? Is that not a sign of that spirit of the Indian Act that sets out to impose systems and attitudes from the outside upon first nations?

The imposition of legislation without proper consultation, without heeding the calls for changes to this legislation, speaks to the attitude that the federal government somehow knows better than first nations, that somehow it can intervene and fix what is happening.

If there is anything that we have learned from history, it is that such an attitude will not get us anywhere, that it will further marginalize and disempower first nations. That is something I hope would cause some real concern among government members and would cause them to think twice about what they are doing on bill after bill.

Many government members, as was evident in the debate around Bill S-2, represent first nations. What are they hearing from their members? There are repeated messages of repealing the Indian Act and putting an end to the kind of oppression that has been imposed by a history of federal governments, by the Crown, but this is not the answer.

First nations must be at the centre of the future that they carve out for their communities. First nations must be at the forefront. The issues of governance and elections are fundamental to first nations' capacity to determine their own future. Instead of imposing legislation, the Conservative government ought to sit down with first nations and make changes that reflect their needs and their voices.

Unfortunately, we have not seen that kind of attitude from the federal government. Instead we see a continued attack against first nations in bill after bill. These bills fly in the face of respecting first nations' treaty and aboriginal rights and they fly in the face of the UN declaration on indigenous peoples. They disregard the serious concerns that first nations are bringing forward as they demand that the federal government step up and take leadership.

On the issue of elections, I have heard a lot of concern from first nations that they simply do not have the capacity to put forward the kind of governance plan that they would like. That lack of capacity is fundamentally tied to the lack of funding and the cutbacks that we have seen by the federal government, building on cuts by previous Liberal governments when they froze funding to first nations at 2%. Now we are seeing cuts to advocacy organizations that also are involved with service delivery in education, training, housing and health.

First nations have always extended a hand out. They want to work with the government. They want to make change in their communities. We in the NDP are proud to stand with them in opposition to Bill S-6. We call on the government to change course and truly begin a new relationship with first nations people in this country.