This bill is from the 41st Parliament, 1st session, which ended in September 2013.
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
This enactment addresses health and safety issues on reserve lands and certain other lands by providing for regulations to govern drinking water and waste water treatment in First Nations communities. Regulations could be made on a province-by-province basis to mirror existing provincial regulatory regimes, with adaptations to address the circumstances of First Nations living on those lands.
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 S-8s:
Richard Cannings NDP South Okanagan—West Kootenay, BC
Madam Speaker, when the Conservatives were last in power, they pushed through a very unpopular bill about first nations drinking water that was not well thought out, Bill S-8. It eventually had to be repealed as a result of a multi-billion-dollar lawsuit.
Can the member assure the House today that the Conservatives will help make sure the bill will not go down the same path?
Blake Desjarlais NDP Edmonton Griesbach, AB
Madam Speaker, I would find it hilarious if this were not such a sad topic. The member actually cited the legislation that the Conservative government of the day put in place and that was litigated against, as a record of good benefit to his party. What irony it is that he mentions Bill S-8 as one of the best things that the Conservatives ever did.
I do not have a question, but I am going to inform the member: That legislation was litigated against as being paternalistic and as being legislation that breached the rights, the charter rights, of first nations people. We need to actually have truth and facts in this discussion. Does the member recognize that in order for us to solve the problem, you have to first recognize that you have done harm yourself? On behalf of the party, can he apologize to the first nations that had to take him to court?
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.
The Speaker 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-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.
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.)
The first session of the 41st Parliament was prorogued by royal proclamation on September 13, 2013.
Jean Crowder NDP Nanaimo—Cowichan, BC
Mr. Speaker, although we certainly support the four-year election term under this legislation, there are a number of other parts of the legislation that are ill-defined. We have to look to other instances where people cannot trust what is in legislation. I look to the Truth and Reconciliation Commission and its ongoing dispute with the government over relevant documents.
In this piece of legislation, clause 41 sets out the regulation process. This regulation process is important because it covers the appointment, powers, duties and removal of electoral officers and deputy electoral officers, the manner of identifying electors of a participating first nations and so on. There are a number of very important clauses that regulations would define.
Nowhere in this piece of legislation is the process outlined by which first nations will be included in the development of regulations. At least in Bill S-8, the clean drinking water bill, in the preamble it said “working with first nations”. However, it does not say that anywhere in this act.
I wonder if the member could address specifically how first nations would be included in the development of regulations.
Peter Van Loan ConservativeLeader of the Government in the House of Commons
Mr. Speaker, this time last week, I said that I hoped to have a substantial list of accomplishments to report to the House. Indeed, I do.
In just the last five days, thanks to a lot of members of Parliament who have been here sitting late at night, working until past midnight, we have accomplished a lot. Bill C-60, the economic action plan 2013 act, no. 1, the important job-creating bill, which was the cornerstone of our government's spring agenda, passed at third reading. Bill S-8, the safe drinking water for first nations act, passed at third reading. Bill S-2, the family homes on reserves and matrimonial interests or rights act, passed at third reading. Bill C-62, the Yale First Nation final agreement act, was reported back from committee and was passed at report stage and passed at third reading. Bill C-49, the Canadian museum of history act, was reported back from committee. Bill C-54, the not criminally responsible reform act, was reported back from committee this morning with amendments from all three parties. Bill S-14, the fighting foreign corruption act, has been passed at committee, and I understand that the House should get a report soon. Bill S-15, the expansion and conservation of Canada’s national parks act, passed at second reading. Bill S-17, the tax conventions implementation act, 2013, passed at second reading. Bill S-10, the prohibiting cluster munitions act, passed at second reading. Bill S-6, the first nations elections act, has been debated at second reading. Bill C-61, the offshore health and safety act, has been debated at second reading. Bill S-16, the tackling contraband tobacco act, has been debated at second reading. Finally, Bill C-65, the respect for communities act, was also debated at second reading.
On the private members' business front, one bill passed at third reading and another at second reading. Of course, that reflects the unprecedented success of private members advancing their ideas and proposals through Parliament under this government, something that is a record under this Parliament. This includes 21 bills put forward by members of the Conservative caucus that have been passed by the House. Twelve of those have already received royal assent or are awaiting the next ceremony. Never before have we seen so many members of Parliament successfully advance so many causes of great importance to them. Never in Canadian history have individual MPs had so much input into changing Canada's laws through their own private members' bills in any session of Parliament as has happened under this government.
Hard-working members of Parliament are reporting the results of their spring labours in our committee rooms. Since last week, we have got substantive reports from the Standing Committee on Public Accounts, the Standing Committee on Foreign Affairs and International Development, the Standing Committee on Agriculture and Agri-Food, the Standing Committee on Health, the Standing Committee on Procedure and House Affairs, and the Standing Committee on Government Operations and Estimates.
We are now into the home stretch of the spring sitting. Since I would like to give priority to any bills which come back from committee, I expect that the business for the coming days may need to be juggled as we endeavour to do that.
I will continue to make constructive proposals to my colleagues for the orderly management of House business. For example, last night, I was able to bring forward a reasonable proposal for today's business, a proposal that had the backing of four of the five political parties that elected MPs. Unfortunately, one party objected, despite the very generous provision made for it with respect to the number of speakers it specifically told us it wanted to have. Nonetheless, I would like to thank those who did work constructively toward it.
I would point out that the night before, I made a similar offer, again, based on our efforts to accommodate the needs of all the parties.
Today we will complete second reading of Bill S-16, the tackling contraband tobacco act. Then we will start second reading of Bill C-57, the safeguarding Canada's seas and skies act.
Tomorrow morning we will start report stage of Bill C-49, the Canadian museum of history act. Following question period, we will return to the second reading debate on Bill S-6, the first nations elections act.
On Monday, before question period, we will start report stage and hopefully third reading of Bill C-54, the not criminally responsible reform act. After question period Monday, we will return to Bill C-49, followed by Bill C-65, the respect for communities act.
On Tuesday, we will also continue any unfinished business from Friday and Monday. We could also start report stage, and ideally, third reading of Bill S-14, the fighting foreign corruption act that day.
Wednesday, after tidying up what is left over from Tuesday, we will take up any additional bills that might be reported from committee. I understand that we could get reports from the hard-working finance and environment committees on Bill S-17 and Bill S-15 respectively.
Thereafter, the House could finish the four outstanding second-reading debates on the order paper: Bill C-57; Bill C-61; Bill S-12, the incorporation by reference in regulations act; and Bill S-13, the port state measures agreement implementation act.
I am looking forward to several more productive days as we get things done for Canadians here in Ottawa.
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Mr. Speaker, it is nice to have that level of civility. I congratulate my friend across the way.
Before asking the usual Thursday question and before the government House leader across the way starts to talk about how he has been able to abuse Parliament over the past week, I would like to make a small observation for all those listening.
Of all the bills I am sure he is about to mention that are important, not a single bill passed through this legislative process in anything resembling a normal fashion. Bills S-8, S-15, S-17, S-2, S-6, S-10, S-16, C-56 and C-60, every single bill we have debated in the past week, operated under time allocation. I might parenthetically add that seven of them came from the Senate. It seems like a strange place for the government to get its agenda: a bunch of unelected, under-investigation senators, but so be it. It is the government's choice.
We tried to work with the government to find ways to allow the House to debate bills and to do so expediently. A good example is the Sable Island as a national park bill. For example, we offered up about five or six speakers who wanted to address the merits of the bill, which would have allowed the passage of that bill after they had spoken. The reaction from the leader from the other side was to move time allocation, which in fact ended up taking up more time in the House than the offer the NDP had made would have taken.
The Conservatives' strategy is sometimes bizarre. In fact, it is hard to figure out whether it is a strategy or not. I would like the Conservative member to enlighten me on this, even though the Conservatives' responses have no merit.
We have spent more than 14 hours debating and voting on time allocation motions in the past two weeks alone. I find it ironic that the government allots only five hours of debate to the content of the bill under time allocation, when the vast majority of our time is spent debating and voting on the time allocation motions and not on the bills. That is the Conservatives' way of doing business.
When will the Leader of the Government in the House of Commons learn that a hammer is not the only tool available for getting the work done?
Could the leader of the government tell us what his plans are for this week and the week following?
Jean Crowder NDP Nanaimo—Cowichan, BC
Mr. Speaker, I am rising to speak to Bill S-6, 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.
Before I start, I would like to read from the United Nations Declaration on the Rights of Indigenous Peoples. In article 18, is says:
Indigenous peoples have the right to participate in decision-making in matters that 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.
That particular section of the UN Declaration on the Rights of Indigenous Peoples is particularly important because, of course, what we are talking about today is how first nations elect their chiefs and council members.
I will turn for a moment to the legislative summary. 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.”
I would agree with previous speakers that moving to a four-year term on an opt-in basis absolutely makes sense, but there are other elements of this legislation that first nations have spoken out against. If the government would entertain some amendments to this piece of legislation, I am sure we could all agree on how to move forward.
I would like to go back to the legislative summary:
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.
This is an important point because of the fact that there are already a variety of ways by which first nations select their leadership.
The legislative summary notes that the Senate released a report entitled, “First Nations Elections: The Choice is Inherently Theirs” and says:
It indicated that the existing 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. The report further noted that Indian Act election systems are often fraught with administrative difficulties and inconsistencies, resulting in frequent election appeals.
The legislative summary goes on to talk about the number of times attempts have been made to make reforms to the Indian Act around the elections process. It notes that:
Attempts to reform the Indian Act election system arise from growing First Nations dissatisfaction with the operation of the regime, including its administrative weaknesses, such as loose nomination procedures and a mail-in ballot system that is open to abuse.
Other substantive concerns with Indian Act elections 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 to determine the size of councils.
It is those points around the ministerial intervention and the autonomous appeals process that are sticking points in the current piece of legislation.
The summary goes on to talk about the fact that a number of recommendations arose as a result of the report of the Royal Commission on Aboriginal Peoples, and some of these recommendations that are not included in this piece of legislation are as follows, and this is from 1996:
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; the establishment of regional First Nations capacity and advisory bodies;
And so on.
Again, some of the elements that were recommended back in 1996 are not present or appropriately resourced under the current legislation. I mentioned earlier that one of the sticking points was under clause 3(1), which states that the minister may, by order, add a first nation to this schedule of first nations participating in the new election system.
Once again, I know that the former parliamentary secretary pointed out the fact that this power has been in place, but here we are reinforcing and reiterating that power once again. This is one point where first nations are saying to butt out. They should be able to have an appeals process internally to look at this. I will speak to this point in a little more detail later.
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. Again, I will touch on this point a little later.
With regard to the support, initially we had the Assembly of Manitoba Chiefs and the Atlantic Policy Congress that were engaged in consultation around the development of the legislation. However, this is a pattern that we continue to see with the government. There are reports and recommendations from first nations, and then the government disregards some or all of those recommendations and reports.
This is the case in point. According to the legislative summary:
Opinions on the ensuing legislation are divided among First Nations organizations involved in the engagement process: while some support the new legislation, others do not view it as reflective of the report and recommendations.
Some First Nations leaders expressed strong support for Bill S-6. At the December 2011 announcement of the new legislation...the Atlantic Policy Congress, echoed the government's view that the Act will support sound governance and increase economic development in First Nations communities.
The current Grand Chief of the Assembly of Manitoba Chiefs, Derek Nepinak, however, has expressed strong opposition to Bill S-6. In a written statement, quoted in several media outlets on 7 December 2011, 37 Grand Chief Nepinak stated that the proposed legislation does not fulfill the recommendations put forth by the Assembly of Manitoba Chiefs, and represents an apparent “attempt by the Minister to expand governmental jurisdiction and control of the First Nations electoral processes that are created pursuant to the Indian Act or custom code.”
In particular, Grand Chief Nepinak has criticized the following features of Bill S-6: in certain circumstances, the Minister’s ability to bring First Nations under the legislation without their consent; the lack of a First Nations appeals process; and the conduct of draws to resolve tie votes in elections for band council chiefs and councillors.
There is not the kind of support that the government is touting. I want to turn to a legal opinion from December 29, 2011. This has been provided primarily to first nations using a customary election code or regulations, and this is the legal opinion, and this is why it is important for first nations that are currently under custom code:
Based on a preliminary review of the proposed legislation, Bill S-6 may offer an improvement over the existing Indian Act election provisions. However, for those First Nations that already operate under their own customary election codes or regulations, opting into the First Nations Elections Act would provide only marginal benefits and may in some instances be viewed as a step back in a First Nations pursuit of self-government.
While there may be specific provisions within Bill S-6 that a particular First Nation may find attractive (such as a four year election term), First Nations should consider amending their existing custom codes or regulations to incorporate any provisions of interest as opposed to opting into the First Nations Elections Act.
I mentioned earlier clause 41 and the concerns. What we saw with Bill S-8, the safe drinking water for first nations act, was that bill was enabling legislation that laid out a process and some content for regulations.
Of course, what happened is that there is no meaningful provision for first nations to be involved in the development of regulations and the subsequent implementation of regulations. That is the same case in this legislation.
The legal brief says:
The Regulations—the Devil is in the Details
At this time, all that the Government has shared with First Nations are the provisions within Bill S-6. Section 41 of the Bill provides for the regulatory making powers of the Governor in Council. The Regulations to be passed include those dealing with the appointment, powers and duties of Electoral Officers, the certification (decertification) of Electoral Officers, who are electors, who and how candidates may be nominated, how voting is to be conducted, and the removal of a Chief or Councillor by way of a petition and anything else in the Act that requires regulation.
Those are pretty broad scopes of power under the regulations, and nowhere in Bill S-6 does it talk about how first nations will be included in that process. People are right to raise flags around that.
The brief goes on to say:
Ultimately, how attractive this legislation will be to any First Nation will depend greatly on what is, or 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 these Regulations to something that a First Nation may find less appealing.
That is why when we had Bill S-8 before committee, New Democrats proposed that a clause be inserted that required regulations to come back before the House and referred to the appropriate committee, so there would be some parliamentary oversight. Otherwise, there would be no parliamentary oversight.
There is a precedent for it because in 2003 or 2004, the Quarantine Act had a clause that had the regulations come back before the appropriate committee.
Under the clause opting into the first nations election act, pursuant to section 3(1)(b), the minister may order a first nation to use the first nations elections act in circumstances where the minister is satisfied that a protracted leadership dispute has significantly compromised the governance of that first nation. What qualifies as leadership dispute in the first instance, let alone a protracted leadership dispute? There is no definition, no qualifiers around that.
Under what circumstances is there significantly compromised governance? This section is extremely subjective and at the sole discretion of the minister there is a potential that any first nation could be forced to use the first nations election act if chief and council cannot agree on issues such as budgets, funding, housing and so on, on what the minister may consider to be a timely basis.
On the opting out piece, opting out of the first nations election act, while it is simple for a first nation to be added to the first nations election act, being removed from its operation is a far more complex undertaking. To be removed from the act, a first nation must satisfy a number of specific requirements and the minister “may”, not “shall”, remove the first nation from the operations of the act.
The key requirement that must be satisfied includes establishing a new election code that is approved by a majority of the majority of the voters. The code must include amendment procedures and there can be no outstanding charges under the act against any member of the first nation. Even if these requirements are met, it still remains at the minister's discretion as to whether the transfer out of the act will be approved or not. Therefore, we again caution first nations already using a custom election code or regulation, their customary powers should be guarded and protected jealously since it may be difficult to regain these customary powers once a first nation opts into the first nations elections act.
I mentioned earlier the appeals procedure. When I quoted Article 18 of the UN Declaration on the Rights of Indigenous Peoples, it indicated that representatives needed to choose their own procedures as well as maintain their own indigenous decision-making institutions. The appeal procedure is problematic in this act.
Under sections 30 to 35 of the proposed legislation, there is only one way to appeal an election: apply to either the Federal Court of the court of Queen's bench for a review of the election. The only ground available to overturn an election is to prove that a provision of the legislation or regulations was contravened and the contravention was likely to affect the outcome of the election. Internal appeal mechanisms are not provided for.
Using the courts is a costly and time-consuming process. The legislation does not provide for funding of these appeals to the court. Therefore, only applicants who can afford to hire a lawyer are likely to pursue an appeal. Further, appeals to the courts can be time-consuming and may take months for an appeal to be dealt with. On a side note, we only have to look to what is going on currently with various alleged misdemeanours, or perhaps outright fraud, under the current Canada Elections Act and the amount of time it takes for that process to unfold. We are going to see the same kind of process when it comes to forcing first nations to resort to the courts in order to sort some of this out.
On the other hand, if the regulations are to provide that the first nations will fund appeals or if courts make a practice that all or most appeals will be funded or paid for by the first nations, significant expenses may be incurred by first nations following every election. Many, if not most, custom election codes or regulations provide for some form of internal appeal process that will allow first nations members to file and have heard an appeal or grievance in regard to an election, usually without the need to hire a legal counsel. These processes will allow for most members with a grievance to participate in the appeal process if so inclined.
Further, if an appeal is unsuccessful, the aggrieved member may still choose to pursue the matter to court. That is, most of the existing custom election codes and regulations provide or allow for both an internal appeal process and a court-driven appeal. The proposed legislation only provides for the courts to be the final arbiter of election disputes. That is an enormous problem. It would seem perfectly reasonable, and again I go back to the 1996 Royal Commission on Aboriginal Peoples report, that indicated dispute resolution mechanisms needed to be developed by the first nations themselves. It would seem a perfectly reasonable approach to take.
I referenced clause No. 41 earlier in my speech about the problem with having regulations developed essentially without input and without any oversight.
In addition, we proposed another amendment with regard to Bill S-8, which would be an appropriate amendment for this legislation with regard to looking at whether there would be unintended consequences with legislation.
With respect to Bill S-8, we proposed that within five years after the act came into force, a comprehensive review of the provisions and operations of the act and of the regulations made under this act would have to be undertaken by such committee of the Senate and of the House of Commons as may be designated and so on.
The purpose of having some sort of five year review would be to look at what was happening with the regulations and also to look at whether the act was achieving its intended objective.
We heard from other members who spoke in the House about the fact that the legislation would provide stability in the communities and add to economic development opportunities.
I was first elected in 2004 and was in constant election mode. I understand the challenges for chiefs and councils when they are in two year election terms. It is not a reasonable period of time to develop and implement an agenda and to look at some of the results of it. If the government had just stuck to the four year term in the legislation, we would have had no problems supporting the bill, but it had to stick in other mechanisms.
I want to turn briefly to testimony that was heard in the Senate with regard to objections to the bill, and I want to refer to Derek Nepinak, the grand chief of the Assembly of Manitoba Chiefs. I will read some of his testimony before the Senate. I have no idea how much time we will have when the bill gets to committee, because time allocation has become a way of doing business here. I do not even know if we will have time to have witnesses before committee. Chief Nepinak said:
Regarding clause 3(1)(a), we know already that the development of custom codes in our communities and the passages of them requires a double majority vote, meaning that we need to hold a referendum which includes a majority of the electors, as well as a majority passing the customary code. That double majority is reflective of the ability and willingness of our community members to participate in governance processes. I think that this bill undermines that somewhat in allowing a chief and council to move a resolution to opt into this new legislation. I think that is problematic because it excludes members of the community.
I have concern with respect to the phrase “protracted leadership dispute”. I am not quite sure what that means. I find the term overly ambiguous. It opens up a broader discretion for the minister to impose Bill S-6 on a community that might not otherwise wish to be part of the new legislation.
He goes on to outline a number of other clauses. Then he goes on to say:
Speaking broadly with respect to clauses 30 to 35 on contested elections, the chiefs in Manitoba supported the resolution to move forward in the discussion on the basis that we would discuss a process of tribunals or regional tribunals to engage the challenges resulting in our elections. I think it is fundamental to the self-determining efforts of communities to be able to engage their conflicts, be able to engage conflict, and to make difficult choices. I believe it is in the form of a tribunal...that...really come to the surface...the form of a decision-making body with authority—that our values and our systems of decision making...We can really show, and once again redevelop, those systems that were once there. I believe we need to be shown the respect and given the room to develop these tribunals so that we can adjudicate these matters within our systems. I believe that is a critical piece of the legislation that is missing.
I want to quote Ms. Cook-Searson, who also was before the Senate. She said:
I just wanted to comment on the question...One of my points was that we should have an independent First Nations electoral commission or a First Nations tribunal to settle any election disputes because it is afforded already for the federal government, the provincial governments. You have mechanisms in place where it is part of the regular part of democracy. If it is good for the federal government and the provincial governments, why is it not good for First Nations? Why not an option for a truly independent electoral commission? I do agree there will be disputes and you do need a mechanism to deal with them. However, rather than go through the minister or the cabinet or through the courts, we could have this independent First Nation electoral commission or First Nations tribunal to settle any election disputes.
Ms. Cook-Searson raises a really valid point. Elections Canada is doing its job currently about some allegations with respect to members of the House. Why do first nations not have access to the same kind of process?
I will end on that note. I hope the government will entertain some amendments to the legislation.
Jean Crowder NDP Nanaimo—Cowichan, BC
Mr. Speaker, I want to thank the member for Western Arctic for his input on this piece of legislation and, of course, for the great work that he does on the aboriginal affairs committee.
There is one specific clause in the bill that I want to ask the member about, clause 41, which provides for Governor in Council to make regulations.
We just finished with Bill S-8 on safe drinking water, which was all about making regulations. The concern that was raised under Bill S-8, and I am sure it will be raised under Bill S-6, is the fact that there is no rigorous provision for first nations to be involved in making regulations. In fact, the NDP proposed an amendment to Bill S-8 that would see regulations come back before the House and tabled to the appropriate committee so that there would be parliamentary oversight.
Could the member comment on the fact that there is no provision in this piece of legislation for first nations to be involved in the development and implementation of regulations?
Peter Van Loan ConservativeLeader of the Government in the House of Commons
Mr. Speaker, I do want to start by reviewing what our House has accomplished over the preceding five days since I last answered the Thursday question.
Bill C-51, the safer witnesses act, was passed at third reading. Bill C-52, the fair rail freight service act, was passed at third reading. Bill C-63 and Bill C-64, the appropriations laws, passed at all stages last night as part of the last supply day of the spring cycle.
Bill S-2, the family homes on reserves and matrimonial interests or rights act, has been debated some more at third reading. Bill C-60, the economic action plan 2013 act, no. 1, was passed at report stage. Bill S-8, the safe drinking water for first nations act, was passed at report stage, was debated at third reading, and debate will continue.
Bill S-14, the fighting foreign corruption act, was passed at second reading. Bill C-56, combating counterfeit products act, was debated at second reading. Bill S-15, the expansion and conservation of Canada’s national parks act, was debated at second reading. Bill S-17, the tax conventions implementation act, 2013, was debated at second reading.
On Bill C-62, the Yale First Nation final agreement act, we adopted a ways and means motion, introduced the bill, passed it at second reading and it has since passed at committee. I anticipate we will be getting a report from the committee shortly.
Bill S-16, the tackling contraband tobacco act, was given first reading yesterday after arriving from the Senate. Bill C-65, the respect for communities act, was introduced this morning.
Substantive reports from four standing committees were adopted by the House.
On the private members' business front, the House witnessed three bills getting third reading, one being passed at report stage, two being reported back from committee and one was just passed at second reading and sent to a committee.
Last night was the replenishment of private members' business, with 15 hon. members bringing forward their ideas, which I am sure we will vigorously debate.
The House will continue to deliver results for Canadians over the next week. Today, we will finish the third reading debate on Bill S-8, the safe drinking water for first nations act. Then we will turn our collective attention to Bill S-15, the expansion and conservation of Canada’s national parks act, at second reading, followed by Bill S-2, the family homes on reserves and matrimonial interests or rights act, at third reading.
Tomorrow we will have the third reading debate on Bill C-60, the economic action plan 2013 act, no. 1. The final vote on this very important job creation and economic growth bill will be on Monday after question period.
Before we rise for the weekend, we hope to start second reading debate on Bill C-61, the offshore health and safety act.
On Monday, we will complete the debates on Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill S-2, the family homes on reserves and matrimonial interests or rights act.
Today and next week, I would like to see us tackle the bills left on the order paper, with priority going to any bills coming back from committee.
As for the sequencing of the debates, I am certainly open to hearing the constructive proposals of my opposition counterparts on passing Bill S-6, the First Nations Elections Act, at second reading; Bill S-10, the Prohibiting Cluster Munitions Act, at second reading; Bill S-12, the Incorporation by Reference in Regulations Act, at second reading; Bill S-13, the Port State Measures Agreement Implementation Act, at second reading; Bill S-16, at second reading; Bill S-17, at second reading; Bill C-57, the Safeguarding Canada's Seas and Skies Act, at second reading; Bill C-61, at second reading; and Bill C-65, at second reading.
Mr. Speaker, I am looking forward to having another list of accomplishments to share with you, and all honourable members, this time next Thursday.
Suffice it to say, we are being productive, hard-working and orderly in delivering on the commitments we have made to Canadians.
There having been discussions among the parties that it will receive unanimous consent, I would like to propose a motion. I move:
That, notwithstanding any Standing Order or usual practices of this House, the member for Peace River be now permitted to table the Report of the Standing Committee on Aboriginal Affairs and Northern Development in relation to Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts.
Bill S-8—Time Allocation MotionSafe Drinking Water for First Nations ActGovernment Orders
NDP
Laurin Liu NDP Rivière-des-Mille-Îles, QC
Mr. Speaker, this government's actions are absolutely shameful. I am outraged that it would dare impose a 41st gag order on this Parliament, this time concerning Bill S-8, especially given that this bill contains significant flaws. In particular, these legislative measures will make first nations responsible for water supply systems, which have already proven to be inadequate, without giving them the funding and the means to construct systems that are better adapted to their needs.
Last year, the NDP member for Timmins—James Bay told the government about the heartbreaking situation in the community of Attawapiskat. It is clear that first nations are not a priority for the government. Why are the Conservatives not taking action?
Bill S-8—Time Allocation MotionSafe Drinking Water for First Nations ActGovernment Orders
Minister of Aboriginal Affairs and Northern Development, CPC
Mr. Speaker, not to disagree with the member, but we think enough time has been allocated to discuss and debate views and concerns about this bill.
The fact is that over 50 witnesses spoke on Bill S-11, the previous version, and on Bill S-8, the current version. Members heard from many organizations, including the Assembly of First Nations, the Atlantic Policy Congress of First Nation Chiefs, the Assembly of First Nations of Quebec and Labrador, the Institute on Governance and the Indigenous Bar Association.
Bill S-8 was introduced only after many hours of discussion. There has been enough debate. It is time to act.
Bill S-8—Time Allocation MotionSafe Drinking Water for First Nations ActGovernment Orders
Bernard Valcourt Minister of Aboriginal Affairs and Northern Development, CPC
Mr. Speaker, it is clear that the member is not very much concerned about the substance of the subject matter of this motion.
The motion is about Bill S-8, safe drinking water for first nations. This bill is crucial to ensure that first nations have the same health and safety protections concerning drinking water and waste water treatment as are currently enjoyed by other Canadians.
It has taken seven years for us to get to this point. It has taken seven years of continuous dialogue with first nations, including formal engagement sessions and implementing measures to accommodate the concerns of first nations.
The proposed legislation before Parliament today is the result of hard work and collaboration. It is time to move forward.
Bill S-8—Time Allocation MotionSafe Drinking Water for First Nations ActGovernment Orders
York—Simcoe Ontario
Conservative
Peter Van Loan ConservativeLeader of the Government in the House of Commons
moved:
That, in relation to Bill S-8, An Act respecting the safety of drinking water on First Nation lands, not more than five further hours shall be allotted to the consideration of the third reading stage of the bill; and
that, at the expiry of the five hours provided for the consideration of the 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 said stage of the bill shall be put forthwith and successively, without further debate or amendment.
Bill S-8—Notice of Time Allocation MotionSafe Drinking Water for First Nations ActGovernment Orders
York—Simcoe Ontario
Conservative
Peter Van Loan ConservativeLeader of the Government in the House of Commons
Mr. Speaker, I would like to advise the House that agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to third reading stage of Bill S-8, An Act respecting the safety of drinking water on First Nation lands.
Under the provisions of Standing Order 78(3) I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the said bill.