Bill C-33 (Historical)

First Nations Control of First Nations Education Act

An Act to establish a framework to enable First Nations control of elementary and secondary education and to provide for related funding and to make related amendments to the Indian Act and consequential amendments to other Acts

This enactment provides for the control by First Nations of their elementary and secondary education systems. It establishes a framework to enable First Nations to exercise that control by administering schools situated on their reserves, by delegating the power to administer schools to a First Nation Education Authority or by entering into a tuition or administration agreement. It also creates a right of access to elementary and secondary education to persons of school age who are ordinarily resident on a reserve, establishes the Joint Council of Education Professionals, sets out the roles and responsibilities of the main participants in First Nations education systems and provides for the necessary funding. Finally, the enactment makes related and consequential amendments to the Indian Act, the Mi’kmaq Education Act and the First Nations Jurisdiction over Education in British Columbia Act.

Second Reading

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I listened with great interest to the parliamentary secretary on the question that I previously put to the government, which was about the fact that while the parliamentary secretary says that he has agreed to consult with first nations in the making of the regulations, why then is that commitment not enshrined in law to not only bind the government, which may choose to do so in good faith, but all future governments?

I will bring to the attention of the parliamentary secretary the United Nations Declaration on the Rights of Indigenous Peoples, which the government has endorsed. Article 18 states, “Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves”, and article 19 states, “States shall consult and cooperate in good faith”. Where is the delivery on the UNDRIP?

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Speaker, of course there were concerns raised by the AFN to the first draft of the legislation that was put out. It came forward with five conditions for success. One of those was to enable first nations control of first nations education act.

I talked extensively in my speech about the joint council of education professionals. This is a major change from the first draft to the current first nations control of first nations education act. The member speaks about the United Nations Declaration on the Rights of Indigenous Peoples. Of course, it was our government that recognized the UNDRIP. Certainly, it is an aspirational document. It is part of the consideration here, but we also work with the AFN and what it has said is the joint council of education professionals is the body it believes should be used to develop those regulations. There would be four members appointed on the recommendation of the AFN, including the chair, in consultation with the minister.

I see my time has expired, Mr. Speaker. I look forward to more questions the next time this is before the House.

[The Acting Speaker, Conservative, Bruce Stanton]

We have time for one short question and response. We will go to the hon. member for Winnipeg North.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I will try to keep it very short. We just witnessed the government House leader come in on day one. The minister introduced the bill and he has already stated that the government has full intention of closing debate, on the very day it was introduced. I wonder if the member feels our first nations education is not important enough that we should not allow for debate, as opposed to the government bringing in time allocation to try to force the end of debate.

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Speaker, yes, we do believe that education is a priority. That is why, unlike the Liberal government that did nothing on the file for 13 years, our government is taking action and is going to deliver the first nations control of first nations education act, because that is what first nations students on reserve deserve.

[The Acting Speaker, Conservative, Bruce Stanton]

That was right on time.

It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motion by the member for North Delta, relating to the business of supply.

Call in the members.

Bill C-33—Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That, in relation to Bill C-33, An Act to establish a framework to enable First Nations control of elementary and secondary education and to provide for related funding and to make related amendments to the Indian Act and consequential amendments to other Acts, not more than one further sitting day after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second 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.

[The Speaker, Conservative, Andrew Scheer]

There will now be a 30-minute question period. I will ask members to keep their questions to around one minute and the responses to a similar length so that we can accommodate as many as possible.

The hon. House leader of the official opposition.

[Peter Julian, NDP, House Leader of the Official Opposition]

Mr. Speaker, I am saddened by this for Canadians and for first nations.

I am first saddened by the fact that this is now over 60 times that time allocation and closure measures have been brought into this House of Commons. There is absolutely no question that is an abuse of Parliament and an abuse of the democratic framework that Canadians adhere to.

However, what is even more important is that first nations are strongly opposed to Bill C-33. Many first nations are saying that it is not in line with what they want. Opposition to the bill is beginning to mount right across the country. It is clearly an abuse of Parliament. It is obvious that first nations are having a hard time accepting this bill. Instead of consulting them, the minister and the government want to impose this bill on them and shut down debate, ending the discussions that should be held in the House. My question is simple.

Is it not because of the growing opposition from first nations across the country and the growing concerns about the bill that the government wants to shut down debate using closure, basically ending the discussion that should be held in the House? It is shameful.

I would like the minister to explain to first nations who have expressed so many concerns about the bill why he does not want to hear debate in the House of Commons.

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, the NDP is becoming an accomplice of a few people determined to bring Canada's economy to its knees and to prevent first nations students on reserve, for the first time ever in the history of this country, from enjoying the same statutory right to education as other Canadians have.

The position of the NDP was made clear yesterday. Those members will oppose the bill. If they have 10 or 15 more speakers who will say the same thing, we have heard it. We understand.

As for the Liberals, they have indicated that they are ready to work constructively. The constructive work can take place at the committee hearings of the standing committee to which the bill will be referred and where first nations will have the chance, just like other stakeholders and Canadians, to indicate their point of view on the bill, which will be transformational for first nations all across Canada.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

To be very clear, Mr. Speaker, what is really under debate right now is the government's use once again of time allocation to prevent members from fully participating in a debate on legislation.

No government in the history of Canada has invoked closure as many times as the current Conservative majority government. It is a different style of government. It goes against the principles of democracy and the manner in which the House should be operating. As has been pointed out, closure has been used over 60 times by the government to try to pass legislation. That is not healthy for democracy.

I look to the government House leader, because he is the one responsible for what takes place inside the House and for making sure that things are done in an orderly fashion. My question is not for the minister about the bill. My question is for the government House leader, who is responsible for the manner in which we are forcibly proceeding inside the chamber. Why has the majority Conservative government continued to use closure, thereby limiting the right of members of Parliament, and through members of Parliament, all Canadians from coast to coast to coast, to ensure that there is due process when it comes to making and passing laws here in Canada?

[Bernard Valcourt, Conservative, Madawaska—Restigouche, NB]

Mr. Speaker, the reason is clear and obvious. Were it not for time allocation, first nations students on reserve would be deprived, as they have been for many decades, of enjoying the basic right to education.

The hon. member knows very well that if it were left to the opposition, the government would not pass any laws. All the benefits Canadians get from the legislative agenda of this government, such as over one million jobs created because of our good governance of the country, would not happen. All the good measures Canadians benefit from would not happen, because the mantra of members on the other side of the House is to oppose everything, and in this case, first nations students. It is urgent that the House adopt this to give those kids on reserve the right to education, which they plainly deserve.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, like my—

[The Deputy Speaker, NDP, Joe Comartin]

Order, please. I am seeing some inquiries, perhaps, by body language, in the House. The process for this type of question and answer period is for the opposition to be given priority for their questions, and questions and comments allowed from the government side are at a more limited level.

The hon. member for Abitibi—Baie-James—Nunavik—Eeyou.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, like my colleague who spoke earlier, I too am saddened by this motion that the government has moved.

I am saddened because this really has nothing to do with the importance of education for first nations children. That is not the issue. I think that we all agree that aboriginal children should receive the best education possible. That is not what we are talking about.

What we are talking about are the government's constitutional obligations. I would like to hear the minister's comments on that. If there is one thing that should not be compromised, it is the constitutional rights of aboriginal peoples. One of the government's obligations is to consult with first nations and accommodate the concerns that are raised during those consultations. That is not what happened. I would like to hear the minister's comments on his understanding of the honour of the crown.