Bill C-25 (Historical)

Qalipu Mi'kmaq First Nation Act

An Act respecting the Qalipu Mi'kmaq First Nation Band Order

This enactment grants to the Governor in Council the power to amend the Qalipu Mi’kmaq First Nation Band Order.

Qalipu Mi'kmaq First Nation Act

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I want to ask the member specifically about clause 4 of the bill. It is a four-clause bill and is technical in nature, so I know he will have an opportunity to get to it rather quickly.

There have been some concerns raised when people hear that there is a limiting of liability. Sometimes people think that we are taking away, for instance, the right of an individual to sue or take action against the government if they are not enrolled in the Qalipu Mi'kmaq first nation. Could the member take this opportunity to clarify what clause 4 actually does and the limited nature of it in relation to the actions that can be taken by an applicant?

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, this has to do with, quite frankly, liability, fairness, and equity.

Clause 4 in the bill provides certainty that no compensation or damages will be paid either by Canada, the first nation, or any other party to the individuals who are determined not to be members of the Qalipu Mi'kmaq first nation once the enrolment process is completed. However, it does not prevent those individuals from appealing the enrolment committee determination pursuant to the agreement, nor does the clause prevent court challenges to the agreement or to the schedule to the Qalipu Mi'kmaq First Nation Band Order.

Such a clause is not uncommon in this federation. Similar clauses are found in both the 1985 legislation removing discrimination from the Indian registration provisions of Bill C-31 and the recent Gender Equity in Indian Registration Act, which was Bill C-3.

Clause 4 supports the overall integrity and credibility of the membership enrolment process of the Qalipu Mi'kmaq first nation by ensuring that applicants who are found not to be entitled to registration do not obtain compensation for the benefits that are only intended for registered Indians.

Once again, it relates to the first question of fairness and equity and making sure that our agreements strike the right balance.

[The Acting Speaker, Conservative, Bruce Stanton]

Before we resume debate, I will let the hon. member for Kootenay—Columbia know that we have about four minutes remaining in the time provided for government orders today, but we will get started just the same. I will give him a one minute signal so he will know when we are coming to that point.

The hon. member for Kootenay—Columbia.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, I am honoured to speak to this important bill today, Bill C-25, which has been brought forward with regard to the Qalipu Mi'kmaq Indians of Newfoundland.

I will outline some important parts of the bill. It is not a large bill, but it has some important facts that have been spoken to here today with regard to fairness and equitable treatment of the Qalipu Mi'kmaq.

On June 23, 2008, the Government of Canada and the Federation of Newfoundland Indians entered into the agreement for the recognition of the Qalipu Mi'kmaq band. On September 22, 2011, the Governor in Council made the Qalipu Mi'kmaq First Nation Band Order, which started a significant move forward with the bill. On June 30, 2013, the parties to the agreement entered into a supplemental agreement to clarify how to apply certain clauses to the June 23, 2008 agreement. There were representatives of both parties and an independent chair, who was jointly selected by both parties.

This allowed us to provide the parties with a new and final founding members list, which will form the basis of the recommendation to the Governor in Council to amend the schedule to the Qalipu Mi'kmaq First Nation Band Order. It is quite important, because it outlines what will happen with this agreement when it moves forward.

I think there is recognition in this House of the importance of the Qalipu Mi'kmaq peoples and how we need to come to a finalization with Bill C-25. I appreciate the opposition's move forward in recognizing this.

Clause 4 of the bill states:

No person or entity has a right to claim or receive any compensation, damage or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty, a band, a council of a band or any other person or entity only because any person's name, or any person's date of birth, was omitted or removed from the schedule to the Qalipu Mi'kmaq First Nation Band Order.

That is quite important, because we want to ensure that those who have the right to be on this list can be on it. It is a great opportunity to move forward and for the Qalipu Mi'kmaq people to regain what they so rightfully recognize as important to them.

We should also recognize that clause 3 of the bill states:

The Governor in Council may, by order, amend the Qalipu Mi'kmaq First Nation Band Order, in particular to add the name of a person to, or remove the name of a person from, the schedule to that Order, along with the person's date of birth.

There is a lot of flexibility in the bill to ensure that we recognize the Qalipu Mi'kmaq people.

I look forward to any further questions that may come. I understand, Mr. Speaker, that you want to move forward with interjections. Thank you for allowing me to speak at this time.

[The Acting Speaker, Conservative, Bruce Stanton]

It being 1:15 p.m., pursuant to an order made Thursday, March 6, 2014, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

On division

[The Acting Speaker, Conservative, Bruce Stanton]

In my opinion the yeas have it.

I declare the motion carried on division. Accordingly, the bill stands referred to the Standing Committee on Aboriginal Affairs and Northern Development.

(Bill read the second time and referred to a committee)

[John Duncan, Conservative, Vancouver Island North, BC]

Mr. Speaker, I request that we see the clock at 1:30 p.m.

[The Acting Speaker, Conservative, Bruce Stanton]

Is that agreed?

[Some hon. members]

Agreed.

[The Acting Speaker, Conservative, Bruce Stanton]

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.