Bill C-428 (Historical)

Indian Act Amendment and Replacement Act

An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement

This enactment amends the Indian Act to require band councils to publish their by-laws and repeals certain outdated provisions of the Act.
It also requires the Minister of Indian Affairs and Northern Development to report annually to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations and other interested parties to develop new legislation to replace the Indian Act.

Motions in amendment

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

Mr. Speaker, certainly this government is taking steps where we can to provide options for first nations to get out from under the Indian Act. When we look at things like the First Nations Land Management Act, which removes the land related provisions for first nations who want to opt in, the legislation allows first nations to opt out of the Indian Act election system.

The hon. member for Desnethé—Missinippi—Churchill River proposed Bill C-428, which removes several sections of the Indian Act. As the Prime Minister said during the Crown-First Nations Gathering, simply blowing up the Indian Act would leave too big a hole. We need to work with first nations to systematically dismantle the Indian Act and that is what we are doing here. We are taking the election provisions and giving first nations the option to get out from underneath the paternalistic Indian Act.

First Nations Elections Act

[Blake Richards, Conservative, Wild Rose, AB]

Mr. Speaker, in an ideal world, there would be no need for debate on this bill. The outdated and paternalistic elements of the Indian Act governing first nations elections would no longer have any effect, because first nations would be universally self-governing. That is the goal we are all working toward.

Unfortunately, however, this is not yet the case for the majority of first nations across the country. Some communities on their way to self-government have employed different strategies, such as adopting community election codes that help them get around holding their elections under the Indian Act, but not every community has the capacity to take that on either. Others have chosen to focus their energies and resources on the many other high-priority issues that they face.

We want to meet first nations like these halfway, by providing an alternative to the current Indian Act election system. It is an out-of-date system that has remained largely unchanged since the 1950s. It is riddled with weaknesses and problems that destabilize first nations governments. It is a system that is not only frustrating but also, in many cases, undemocratic.

It is little wonder that so many first nations have demanded another option in addition to the systems currently on offer. That is exactly what Bill S-6 would provide. It would provide another way for first nations to hold elections that is outside of the outdated election system set out in the Indian Act.

Before exploring the many benefits of this legislation, it would be helpful if I first explained a little bit about the various electoral systems currently available to first nations.

Different communities exercise different approaches to elections. At the moment, 238 first nations hold their elections under the Indian Act system. This represents about 40% of all communities. The many problems, and even abuses, under this system have been well documented in numerous reports and reinforced by various speakers during this debate.

The majority, 343 first nations, or 55% of the total across Canada, select their leadership under a community-based system. Most of these first nations develop their own community election codes to elect their leaders. For many, this system offers the essential elements of good governance: open and transparent elections and effective mechanisms for redress when necessary.

Unfortunately, that is not always the case. A small percentage of first nations with community election codes experience recurring disputes, some of which have led to breakdowns in governance, the imposition of third party management and lengthy and costly court actions between community members.

These disputes are usually based on a lack of community consensus on the actual election rules and procedures, exacerbated by the absence of a viable redress mechanism. There have been occasions when two separate election processes have been held in parallel in the same community, with those elected in each case claiming to be the legitimate and duly elected leaders. Needless to say, all of this negatively impacts community well-being and discourages economic development.

The remaining 36 first nations, or about 5%, have leadership election systems based on their community constitutions under self-government arrangements. As I mentioned earlier, this is the ultimate goal to which most first nations aspire.

As I also noted, many communities still caught with the Indian Act system may not be ready to take on self-government or even go so far as to develop community election codes. However, that does not diminish their desire to have an alternative: a fairer, more transparent and more accountable way of conducting elections on reserve.

I want to be clear that I am not talking about every first nation in the country. There is no question that there are some that seem satisfied with the status quo, while others may accept nothing less than self-government. I can assure the House that Bill S-6 would provide a robust election system for those who may choose it.

John Paul, executive director of the Atlantic Policy Congress of First Nations Chiefs, testified on these issues before the Standing Senate Committee on Aboriginal Peoples.

This legislation is precisely what many communities want. People in first nations communities all across the country have told us that they want change that leads to self-government, but they want it to be built on a solid foundation. They want certainty and stability, which they do not now have.

What many of these first nations are looking for is what Jody Wilson-Raybould of the Assembly of First Nations described in her appearance before the Standing Senate Committee on Aboriginal Peoples when it examined Bill S-6. She said, “...“stepping stone” legislation, such as Bill S-6...fits into and supports a vision of moving along the continuum of governance....” That is who this legislation is for. At their request, our government has been working in collaboration with first nations partners to develop an optional legislative framework for the election of band councils that covers this middle ground.

We have followed the lead of our first nations partners, the Atlantic Policy Congress of First Nations Chiefs and the Assembly of Manitoba Chiefs. They have done the necessary research and conducted consultations in their own regions as well as across the country to come up with the viable new option outlined in Bill S-6. Bill S-6 would provide an optional electoral system that would ensure transparent and accountable governments, while providing first nations with the flexibility to choose the elections system that best suits them.

Our government simply wants to create the conditions for strong, stable and effective first nations governments that are transparent and accountable to their membership. A free and fair leadership selection process promotes accountability of leaders back to their band members rather than to the Government of Canada. It is a cornerstone of greater self-government and better outcomes. Bill S-6 is a concrete step forward in that direction. It is not meant to be a one-size-fits-all remedy for all that is wrong in the existing election system under the Indian Act.

The legislation would help those first nations that choose to opt in to overcome the numerous limitations of the Indian Act election system. It is designed to address the several weaknesses identified in the AFN study on election reform in 2008, the Senate committee's 2009 study and the thorough work of the APC and the AMC, problems that are holding back too many first nations communities at a great cost to their economies and to the well-being of their citizens.

Ideally, we would do away with the outdated Indian Act altogether. However, it cannot be replaced overnight. That would only create more problems than it solves. As the Prime Minister observed at the historic gathering, after 136 years that tree has deep roots. Blowing up the stump would just leave a big hole. We certainly do not want to do more harm than good.

The alternative is to modernize the most damaging provisions of the Indian Act. This could be achieved not by updating the Indian Act itself but by equipping first nations with new tools and mechanisms to manage their affairs. That is how we could creation conditions that enable sustainable and successful first nations. As they build capacity and create the certainty necessary for investments they can unlock the untapped wealth on their lands, creating employment and improving social services for their citizens.

That is exactly what our government has been doing. We are taking important incremental steps forward to achieve the results first nations desire and that our government is determined to deliver. For example, we support Bill C-428, the Indian Act amendment and replacement act. It proposes a series of modifications to the Indian Act, some of which eliminate paternalistic sections such as those dealing with residential schools and bylaws. Other parts of the bill propose amendments that help contribute to healthier, more self-sufficient first nations communities. They dovetail with aspects of Bill S-6, which reduce ministerial involvement in community businesses. Bill C-428 would provide greater accountability and responsibility of first nations governments to their members and improve their capacity to meet the needs of their communities. This would be achieved by diminishing the role played by the Minister of Aboriginal Affairs and Northern Development in the day-to-day lives of first nations.

The numerous proposed amendments to the Indian Act contained in Bill C-428 are our government's larger objective of providing first nations with the tools, resources and authorities they need to eventually transition completely out of the Indian Act.

This same objective and philosophy are at play in the First Nations Land Management Act. Prior to the enactment of the First Nations Land Management Act, first nations were hamstrung by the cumbersome land management provisions of the Indian Act. Instead of moving at the speed of business, the Indian Act slows the system to the pace of internal approval processes within the federal government. Needless to say, this often stands in the way of time-sensitive economic opportunities. Both first nations and their private sector partners complained loudly about the challenges of delayed decision-making.

The first nations land management regime enables first nations to opt out of the land resource and environmental management sections of the Indian Act. It removes many of the impediments of the outdated Indian Act, allowing for the creation of greater economic development opportunities and allowing communities to seize business development opportunities.

The legislation gives first nations that opt into the program the freedom to manage reserve lands under their own land codes. They can also negotiate contracts and enter into joint ventures with other communities, governments and with the private sector without ministerial approval.

Chief Ann Louie of the Williams Lake Indian Band in B.C., one of the first nations that opted in to the First Nations Land Management Act, is on record as saying, “It represents almost freedom, getting into self-governance away from the Indian Act so that we can manage our own lands so that our people can become prosperous and develop economically.” Her enthusiasm is backed by studies of the regime by KPMG. It has concluded that in addition to increased job creation on reserves in communities that utilize it, the First Nations Land Management Act option is proving to be a practical step toward self-government.

The First Nations Fiscal and Statistical Management Act is another example of legislation that diminishes the minister's role for communities seeking greater control over their financial affairs. The legislation provides an alternative avenue to the Indian Act for first nations determined to achieve self-sufficiency. It allows first nations to develop a sophisticated, transparent and responsive property tax system on reserve. It also creates a securitized first nations bond regime that gives them access to municipal-style financing to invest in infrastructure on reserve. And it supports first nations' capacity in financial management, all of which support economic development.

Communities that choose to utilize its provisions can draw on the services and supports of the first nations institutions created under the act. As they do, outside investors can proceed with confidence and first nations can negotiate from positions of strength because the act provides the type of certainty that is lacking under the Indian Act.

The improvements contained in the acts I have talked about today have come about at the request of first nations that want greater control over their communities' day-to-day activities. We have been listening, and we are acting.

Bill S-6 is yet another piece to join the family of legislation to support first nations by offering a legislative alternative to first nations elections that would not involve the minister. It would provide the foundations for more stable and effective first nations governments through longer terms of office. With four years between elections, first nations governments would be able to work with potential partners for longer term development opportunities that would bring prosperity.

Bill S-6 fits with what other legislative initiatives have done, which is to provide alternatives to the Indian Act for willing first nations on important subject matters. These acts lay the groundwork and provide the frameworks for first nations to be successful, and successful first nations means a better quality of life for their members.

Bill S-6 is opt-in legislation. First nations could choose to adopt it or not to adopt it as they see fit.

From Bill S-6 to Bill C-428, these examples of modern legislation that empower first nations send a strong signal. We are focusing the federal role to that of an enabler rather than that of an impediment to progress. Our government is committed to putting an end to the historic isolation of first nation communities that has marginalized these members of our society for far too long.

Step-by-step, bill-by-bill, we are responding to first nations calls for greater decision-making powers and less ministerial involvement. In the process, we are creating the conditions for strong, effective and accountable governments for first nation communities. We are providing first nations with the tools they need to become more self-sufficient as they work their way toward self-government.

It is now up to us, as parliamentarians, to take the next step forward on this path of steady progress. We must support first nations, which are demanding change. We are calling for all-party support to unleash the tremendous potential of Bill S-6, the latest in a series of legislative reforms that remove the shackles of the Indian Act for those first nations that opt to take advantage of its new authorities.

I am asking all members to join us in our efforts to help first nation communities achieve their goals, for the benefit of their residents and our country as a whole.

Aboriginal Affairs and Northern Development

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I have the honour to present, in both official languages, the sixth report of the Standing Committee on Aboriginal Affairs and Northern Development, entitled Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement. The committee has studied the bill and has decided to report the bill back to the House with amendments.

Indian Act Amendment and Replacement Act

[The Speaker, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-428 under private members' business.

The House resumed from November 28 consideration of the motion that Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, be read the second time and referred to a committee.

First Nations

[Manon Perreault, NDP, Montcalm, QC]

Mr. Speaker, today we are debating Motion No. 386, which asks for the House's support in initiating a formal process of direct engagement with the first nations that would replace the Indian Act with a series of new agreements.

These consultations would begin and end according to a precise schedule. They would lead to the writing of a report that would establish specific, meaningful elements on which the government could take action once the consultations are complete.

The repeal of the Indian Act will not be a sad occasion. It is a completely outdated, irrelevant, heavily bureaucratic tool for oppressing the first nations.

We are nowhere near having an act that meets their needs. In fact, the opposite is true. This issue deserves to be treated seriously. It is a call for action to eliminate the government's trusteeship over the first nations.

We must put an end to their status as wards of the federal government. This is one of the most pressing problems facing Canada. It is time to change things once and for all. It is time to put an end to the old habit of settling each dispute on a piecemeal basis. According to the Canadian Human Rights Commission, the act not only includes discriminatory elements, it is discriminatory in itself.

The Indian Act is full of paternalistic and discriminatory policies with regard to the first nations. I will not go into details and enumerate its many provisions, but we must recognize the incalculable consequences of this interventionist and controlling attitude on the lives of all first nations.

The act is typical of all the government's attempts to maintain the marginal status of the first nations. Now we must think in terms of renewal. We believe that the Indian Act must be replaced with new legislation, in an equal partnership with the first nations, a real nation-to-nation collaboration.

The fact is that the current legislation is completely outdated, discriminatory and must be replaced by modern legislation. This government has never tried to do that. We in the NDP want the first nations to be able to prosper, and this involves replacing the current legislation with modern legislation.

It is important to understand that the very existence of this legislation hinders progress for first nations communities and is not viable on every level, especially in terms of the relationship between the first nations and the government. This is precisely what the first nations have been saying for years now.

Why is the government so stubbornly refusing to listen to those who are most affected and to really respond to their interests? By governing practically every single aspect of the lives of people living on reserves, this legislation has adverse effects on progress by first nations.

The government claims it is overflowing with goodwill, but its claims are false and misleading. It sees amendments to the legislation as the answer, even though it is clear that the legislation is outdated.

How can they claim to be modernizing an act that they know is completely out of date and has only been used to marginalize first nations for the past 136 years? The process has to be led by the first nations, in keeping with the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples and the concept of their free, prior and informed consent.

The process must protect treaty rights and inherent aboriginal rights. The first nations do not have the legislation they need for health, education and funding at their disposal. This is a vacuum that must be taken into account in drafting modern legislation and setting up a timeline for the process. Modern legislation could then guarantee an improvement in the first nations’ economic and social circumstances.

This legislation undermines the efforts made by first nations to improve their living conditions. On this, we have the support of the Assembly of First Nations, which is entirely in agreement with us. The National Chief called on the government to take action months ago, but the government chose to drag its feet. It is not as though there is a shortage of cases.

I am thinking of economic development, self-government and the sustainability of communities. There is every indication that we have cause for concern. What will spur the government to action?

The NDP would not amend the Indian Act by replacing certain elements. We believe that this would be futile and unwise. However, everything leads us to believe that that is the government's intention. Just think of the declarations that came out of the Crown-first nations gathering last January. The government said that it wanted to work with the first nations to change things, but that did not last very long.

Private member's Bill C-428 sparked shock waves. It includes amendments to several sections of the Indian Act, but first nations were not consulted about this bill. This unilateral action makes no sense. It shows contempt for the first nations. And this is not the first time that the Conservative government's contempt has surfaced, which indicates that it is deeply rooted.

For example, if we go back to the UN Declaration on the Rights of Indigenous Peoples, Canada used all kinds of poor excuses to delay adopting the text and then it voted against its adoption, in 2007. It was not until 2010 that Canada ratified the declaration, after being so damaging to the work done by the UN to adopt the text.

What is surprising in all this, to say the least, is that the Liberals are responsible for a large part of this legislation, of its irritants and of the lack of consultation when attempts were made to impose changes. Remember the infamous 1969 white paper, whose author was none other than Jean Chrétien. This was a pure and simple attempt to assimilate first nations.

Motion No. 386 also does not mention the absence of distinction as to sex. Yet, it is crucial to deal with this issue in the context of gender equality, and it should be part of the basis for future consultations. The rights of aboriginal women were violated, particularly when they would marry outside their first nation reserve.

Despite the fact that the law was amended in 1985 with regard to women's rights, discrimination against women continues unabated. That was the finding of the Committee on the Elimination of Discrimination Against Women, which pointed out in its 2003 report on Canada that aboriginal women continue to be the victims of systematic acts of discrimination in all aspects of their lives. The consultation process would thus give us the opportunity to harmonize the individual rights of aboriginal women with their collective rights as members of first nations.

I am asking all my colleagues to think carefully about this issue, which is of the utmost importance to first nations and Canada as a whole. This is a basic issue that involves guaranteeing real respect for the rights, needs and priorities of first nations, which are too often overlooked in this country. This is also an opportunity to make Canadians aware of the discrimination faced by first nations people. This is not a matter of making changes to the Indian Act but of replacing it with new, modern legislation. Consequently, the first nations communities that worked with the government will be able to help to determine what the next steps will be in promoting the development and well-being of their communities.

This co-operation is part of the UN Declaration on the Rights of Indigenous Peoples, the purpose of which is to get the states to consult and co-operate in good faith with the indigenous peoples concerned. Any commitment in this regard must be based on real co-operation among equals. We must implement a real consultation process and establish a real partnership. By so doing, we will finally be able to focus on reconciliation and harmonious relations between nations.

Unilateralism can lead only to failure, as it has always done in the past. So, let us revoke the Indian Act and scrap this 19th century law that has led to so many problems and discontent once and for all. Let us start fresh with new legislation.

The NDP wants to work with the first nations to develop modern legislation that will help these communities to prosper.

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, it is a privilege for me to stand in the House again and speak about an issue and a motion that is important. Today, I will speak in opposition to the motion brought to the House by the member from Toronto Centre.

The beginning of the motion is pretty straightforward. It expresses views that are shared by many in the House, including myself, and many first nations throughout the country. The beginning of the motion states:

That, in the opinion of the House, the Indian Act is the embodiment of failed colonial and paternalistic policies which have denied First Nations their rights, fair share in resources; fostered mistrust and created systematic barriers to self-determination and success of First Nations...

After that is where I and the member for Toronto Centre begin to part ways. In the part of the motion that follows he says that the House, should: first, undertake a process to eliminate these barriers; second, take two years to complete this process of discussion; and third, take two years to present a series of concrete deliverables for the government to act upon. Therefore, what the member proposes is two years of talking and no action. That is why I so strenuously oppose the motion.

It has been 136 years since the Indian Act was first brought into force. I wonder how many more years need to pass before we begin to build a process to replace it? The motion is nothing more than flowery rhetoric that we have come to expect from the Liberal Party and it is entirely consistent with the Liberals' track record of inaction when it comes to first nations' issues.

Instead of proposing concrete action to enable first nations to move forward and finally begin to escape the shackles of this paternalistic and colonial legislation, the member opposite has suggested that we further delay any concrete action and take two more years to simply talk about the devastating impacts of the legislation.

When the member opposite brought forward the motion, did he not consider that 136 years was long enough for first nations people to wait? Maybe he should listen to first nation leaders who have said that they have waited long enough. Having listened to the speeches at the Assembly of First Nations elections in July of this past year, I heard all the candidates state unilaterally that the Indian Act must go.

Clearly, everyone agrees that changes must be made to replace and to modernize the sets of laws that provide first nations with the same rights and opportunities that every Canadian enjoys.

I urge all parties in the House to reject the motion and instead support the private member's bill that has been brought forward by my colleague and my friend, the member for Desnethé—Missinippi—Churchill River. Bill C-428 is an act to amend the Indian Act and provide for its replacement. What my colleague proposes is real action and tangible results that would make a difference for first nations people.

The bill would do a number of things. First, it would provide greater autonomy for first nations people. Second, it would lessen the role of ministerial involvement in the day-to-day lives of first nations citizens. Third, it would give back the responsibility for key areas, such as bylaw making powers and the administration of wills and estates over to the first nation, where it rightly belongs.

I wonder what the members opposite have against providing greater autonomy for first nations and lessening the federal government's paternalistic role in the day-to-day lives of first nations citizens.

About a month ago I had the privilege of speaking in support of that private member's bill during the first hour of debate. Second reading of my friend's bill concluded this past Wednesday evening, and we are now waiting for the bill to be referred to the Standing Committee on Aboriginal Affairs. I am really disappointed that the Liberals did not even bother to stand in the House and speak to the bill during the second hour of debate last week, particularly when it has to do with some of the same material they suggest needs to be discussed in the bill they brought before the House now.

Indian Act Amendment and Replacement Act

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, it is an honour to stand here today and close debate on my Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.

As a member of Muskeg Lake First Nations and as a former RCMP officer who spent a large part of my 18 years on the force doing first nations policing, I have seen first-hand the cultural, societal and economic barriers that the Indian Act has built. It is an archaic and colonialist piece of legislation that institutionalizes racism and represses the self-determination of first nations.

The Indian Act is completely contrary to Canadian values and has kept first nations from taking advantage of the same rights and opportunities that have been available to all other Canadians for 136 years.

Clearly, something needs to change. All Canadians recognize the hardship the Indian Act has caused my people and we are all eager for positive, enduring change.

After engaging with many first nations organizations, leaders, band members and other interested stakeholders, I believe we have arrived at an important turning point. My private member's bill is the result of significant open discussion and represents the desire of first nations to be self-reliant and free from the shackles of the Indian Act.

Throughout this engagement process, I have always welcomed feedback on ways the bill could be improved. I recognize that there may be a need for amendments that will clarify certain aspects of the bill and I have indicated that I am open to that.

I look forward to hearing more from grassroots members and leaders of first nations and other interested parties before, during and after committee hearings. Their suggestions and concerns will certainly be valuable to this process and will be taken very seriously.

I have been heartened recently to hear that first nations leadership has acknowledged that the Indian Act and its bureaucracy must go. It is important that first nations take leadership and initiative in order to ensure success.

I am proud that my Bill C-428 has provided the opportunity for a frank discussion and debate, and has led to a recognition of the fact that the Indian Act is a blemish on Canadian society in a way that has never been done before. Until we can provide for its replacement, it hinders first nations' success and prosperity.

I believe that my bill is only the first step in doing away with the Indian Act entirely, and we must continue to focus our efforts on fulfilling that goal. That is why I believe one of the most crucial components of my bill is the Minister of Aboriginal Affairs and Northern Development's duty to report to the aboriginal affairs committee on all work undertaken by his or her department in collaboration with first nations organizations, leaders, band members and other interested parties to develop new legislation to replace the outdated Indian Act.

The introduction of such a process accepts the need for ongoing collaboration between the Crown and first nations. Other parts of the Indian Act, like the subsections on will and estates, and the bylaw publication, emphasize the need to move beyond the Indian Act.

It is hard to believe that, in 2012, first nations reserves must seek permission from the minister to sell their produce and that they are prohibited from doing business with anyone they choose. These paternalistic features stand in the way of first nations independence and perpetuate the paternalism. It is about time that first nations are afforded the same rights and opportunities that all Canadians expect and deserve.

We have a unique opportunity today to fulfill this vision. My bill transcends partisan politics and I urge strong multi-partisan support.

The opposition needs to understand that first nations are as rich in diversity and opinion as all Canadians are. To think otherwise is outdated and out of touch.

Bill C-428 is just the beginning of a long road of empowering first nations people and doing away with paternalistic and offensive policies. I am confident it will spur the necessary change we are all striving.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, it is truly an honour to rise and speak about a subject that is dear to my heart, which is the replacement and eventual repeal of the Indian Act.

I have to commend my colleague for Desnethé—Missinippi—Churchill River for the courage he has shown in taking on this important issue. This is an individual who, as a first nation man, has conducted his whole life living under the Indian Act. He is someone who has been able to interact with his fellow first nation brothers and sisters for his entire life. This is consultation. It is a degree of consultation that no one in the House currently has, in my opinion, in their past. He has been meeting with people across Canada on this important subject. However, I do know of some recent bills that have not been consulted on.

The member for Edmonton—Strathcona has referred to article 18 of the UN Declaration on the Rights of Indigenous Peoples. She is quite right, there is an obligation to consult with indigenous peoples. I wholly support that and I thank the member for bringing it up. However, there are cases where it has not happened.

Yesterday, I was at the justice committee. Currently, Bill C-279 is before the committee and we had witnesses from the Canadian Human Rights Commission. I asked the commission whether that bill had an impact on first nation people. Are first nation communities impacted by this act and does it have an impact on the lives of first nation people? Their answer was yes, that bill absolutely does affect first nation people.

My question then became whether there was consultation on the bill? In fact, there was not. The member for Esquimalt—Juan de Fuca did not indicate that there was any consultation. I spoke with the Assembly of First Nations, which the member for Edmonton—Strathcona referred to as an important entity with which we discuss these issues. They are the bona fide organization of first nation people. However, they were not contacted on that bill. Also, during those deliberations, the member for Gatineau, in a cavalier way, just set aside that there was any obligation to consult with first nation people on that bill.

Therefore, I take offence to what the member is suggesting. The member for Desnethé—Missinippi—Churchill River is truly a hero to me and others in the first nation community for the work that he is doing. To suggest that we are not reaching out to our aboriginal friends is, in my opinion, not reality. It is something that we are endeavouring to do.

I would ask the member to talk to some of her colleagues about some of the bills that they are proposing and the impact they have on first nation people. She shakes her head much like the member for Gatineau, who cavalierly set it aside that there was any obligation to consult with first nation people on a bill that would impact their communities.

As I said, this is an important day. The bill is timely and necessary. With each passing day, the Indian Act is revealed to be unfit for the times in which we live. When it was first enacted in 1876, it disenfranchised first nation people and it still disenfranchises everyone who lives under it today.

Just recently, we have seen a clear example of why the Indian Act must go in my home province. In fact, in Manitoba in Buffalo Point First Nation there are residents, women and children, living in that community who risk being put out on the street because of political disagreements with their chief. Because of these protests, they could have their homes taken away from them and be disenfranchised through the powers granted under the Indian Act.

Imagine if this were to happen off reserve. Imagine if someone disagreed with their city councillor and all of a sudden were evicted from their home and put out on the street. There would be mass outrage and nobody would stand for that. This is the exact point I would like to make about this community and unfortunately sometimes other communities as well.

Disenfranchisement is occurring. It violates not only any sense of justice or decency but all democratic principles, which is one reason and just one reason why the Indian Act needs to be replaced. It is an archaic, oppressive and unjust legislation. It denies aboriginal Canadians the rights they deserve. It denies individual rights. It denies matrimonial and property rights, leaving women in danger of losing everything due to disputes outside of their control.

Many people may not be aware, but the Indian Act denies first nations people the right to control their own wills and estates. The Minister of Aboriginal Affairs and Northern Development has the power to void the will of a first nations person if he or she so chooses. As my colleague has said, Bill C-428 would repeal the sections of the Indian Act that gives this paternalistic power to the minister. It would be a step toward true freedom and independence for first nations people.

Bill C-428 would also return the authority over the creation of bylaws on reserves where it belongs, with the leadership of that reserve. As it currently stands, the Minister of Aboriginal Affairs and Northern Development must sign off on bylaws made by leadership on reserves. First nations people can govern themselves. They do not need this pre-Confederation prison to remain. As with the wills and estates rules, this is a further denial of independence and decision making for first nations people.

The Indian Act has no place in the 20th century or the 21st century. It is time to replace this act.

The member for Kenora, who was here earlier, has done great work as the parliamentary secretary to aboriginal affairs and has been a great advocate for the Métis people in my community and first nations Inuit people as well. I think back to previous members from other parties in that riding who have also done great work. A former member of the Liberal Party, Mr. Robert Nault, who was the then minister of Indian Affairs, brought forward some very innovative solutions, namely the First Nations Governance Act, which I thought was a step in the right direction. Many first nations did not like that approach, but many did.

One of the aspects of that bill on which everyone agreed was the Indian Act needed to be repealed. The starting point that everyone in the House agrees on is the Indian Act must be replaced.

I have had the opportunity to work with first nations people from across Canada. I have had the opportunity to work with first nations chiefs, councillors and regular community members. There is no question that everyone believes it is time for this act to be replaced. I believe the Indian Act is nothing less than a prison that shackles aboriginal people in our country and prevents them from achieving economic actualization.

We need to proceed with the initiatives that the member has proposed before the House. He started a debate that I am glad we are having. There are opinions from all sides on this matter, but what we can all agree on is that the Indian Act must be replaced. I would hope that at some point in the near future we can get to that moment where first nations people will be enfranchised and have the autonomy they deserve.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I am pleased to rise in the House to speak to this bill. It is very clear that the member for Desnethé—Missinippi—Churchill River has the best of intentions. With great regret, I have to join those who are opposed to this bill. For the most part, it is not because of the substantive changes the member has brought forward, which a number of members in his party have spoken for. The main problem with this bill is that it is breaking the constitutional obligation for advanced consultation, consideration and accommodation.

I would go to the preamble of the member's bill. My concern with the preamble is the reference to the commitment of the Government of Canada to exploring creative options for the development of new legislation “in collaboration with the First Nations organizations that have demonstrated an interest in this work”. Right off the bat, the member is narrowing the constitutional obligation to consult with all first nations. Perhaps this was unintentional. The member might want to reconsider that, because I think he has the best of intentions for his fellow first nations. It fails to reference first nations governments, and that will derogate from the overriding constitutional obligation.

The bill proposes, as a number of members and the member who tabled the bill have pointed out, a number of measures to rescind or amend provisions in the Indian Act. For example, there are specific provisions to do with residential schools, wills and estates, the duty to attend school, the process for enacting band bylaws and the sale of produce. Few would oppose the right of Canadian first nations to make these kinds of decisions for their own peoples. The problem is not the intention of passing over those powers. The problem is the way in which the member has gone about it.

Another measure I find problematic, which would be a good provision if the rest of the bill could stand and if it had been consulted on in advance, is that the bill would require the Minister of Aboriginal Affairs and Northern Development to report annually to the aboriginal affairs committee on actions taken to replace the Indian Act. What would have been preferable in such a bill, and I would think first nations would agree, is that the report should be to Parliament, which is normally what happens with a matter of interest to this place. Of course, there should be the duty of prior consultation.

The member suggested when he tabled the bill that clause 2 of the bill, on the minister reporting to the committee, also requires a collaborative consultation between first nations and the Minister of Aboriginal Affairs and Northern Development on the Indian Act. Regrettably, there is no such provision in the bill. It would have been a useful one and would certainly be supported by first nations.

The biggest problem with this bill is the duty to consult. As I mentioned, and as should be known to members in this place, there is an overriding constitutional duty to consult. That duty was upheld in the famous Mikisew Cree case, which originated in my province, with the Mikisew Cree First Nation. It has been repeated in numerous cases since. That duty is on the Government of Canada to advance consultation, consideration and accommodation of first nation peoples' interests before any decision is made by the Government of Canada.

That duty is reiterated in the United Nations Declaration on the Rights of Indigenous Peoples in both articles 18 and 19. 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 in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 19 states:

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

At the Crown-first nation gathering, as a number of members have pointed out, including the member who tabled the bill, the Prime Minister made certain commitments regarding the Indian Act. He stated:

To be sure, our government has no grand scheme to repeal or unilaterally rewrite the Indian Act.

Thus he undertook to work in collaboration with first nations should any changes be made to the Indian Act.

The member for Desnethé—Missinippi—Churchill River has advised the House that he had consulted first nations in the development of the bill and had found support. I conferred with a number of first nations, particularly in the Prairies, to determine their views so that I could share them in the House and confirm if they had been expressed to the member. This is what I have been able to determine. In the first nations that I was able to reach in Alberta, I was advised that several presentations were made by the member to the Alberta first nations after the tabling of the bill. That is not a case of advance consultation. Moreover, both of the sessions that were brought to my attention were ticketed events at a cost of $575, including for students. The notice for the meetings clearly said that space was limited and that it was not a consultation.

Alberta Treaty 8 Chief, Rose Laboucan, the regional chief responsible for legislation, advised me today that neither she nor her first nation had been consulted in the drafting of the bill.

I also contacted Saskatchewan first nations. I was provided with the following information. The Assembly of Chiefs of Saskatchewan and the Federation of Chiefs of Indian Nations were so upset by the presentation made by the member that they issued a series of press releases, which I can share. They said:

First Nation leaders attending the Federation of Saskatchewan Indian Nations Legislative Assembly were outraged and insulted by Member of Parliament [for Desnethe-Missinippi-Churchill's] presentation on his proposed private members Bill C-428.

In particular, Vice Chief Morley Watson stated:

Mr. Clarke requested due to his ongoing work on this Bill that he wouldn't allow questions from the floor at our Legislative Assembly on his Bill C-428. Chiefs were not consulted nor do we view his attendance yesterday as a form of consultation on what Mr. Clarke is trying to undertake with his proposed amendments to the Indian Act. This is furthering the White Paper Policy of 1969.

The vice chief then stated:

If you read the bill as presented there is grave concerns. It is designed to bring into reality the steps to get rid of the Indian Act. [The member] is putting in place the steps needed to accomplish this task. There are many—

[Greg Rickford, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I am pleased to stand today to speak to the private member's bill from the member for Desnethé—Missinippi—Churchill River. I count him not just as a colleague but as one of my personal friends. I could not be more pleased for the hard work he does, not just on the standing committee but as a first nations person in this place, starting a process that is long overdue and is a great opportunity for us as parliamentarians to debate.

Tonight I will address a couple of elements in the private member's bill. First is the issue of first nation bylaw publication; second, outdated sections in the act; and finally, the repeal of the residential school references in the act.

Currently, first nation band councils do not have the same opportunities that municipalities and rural municipalities have to independently develop bylaws. There is also no requirement for first nations to make their bylaws publicly available to their members. As a result, for years confusion has reigned as first nation residents and law enforcement officials have often found themselves in the dark as to the specific nature of the bylaws of each individual first nation.

In addition, first nation band councils have had to go to the Minister of Aboriginal Affairs to request approval for each and every bylaw. This cumbersome process has caused many bands to wait for extended lengths of time for approval or even to have their bylaws declined. Others have chosen to completely bypass the minister and as a result do not openly inform their membership of the changes to band bylaws.

Bill C-428 would create a more transparent and accountable process for first nation band members wherein first nation councils would be required to publish their bylaws on their website or via some easily accessible communication channel, such as a band newsletter or widely read local newspapers, television, et cetera. The bill would also eliminate the need to request approval from the minister. The requirement to make each first nation bylaw publicly accessible would provide clarity for first nation residents, visitors and law enforcement officials seeking to understand their role in either abiding by or enforcing these rules. It would also place the responsibility for these bylaw-making powers squarely back in the hands of the first nation, where it belongs, and provide grassroots members of the bands with greater accountability from their band councils.

This change would benefit not only law enforcement officers who would more fully understand the expectations of the chief and council of each first nation for a given bylaw, but also those members of the council and band members eager to see the bylaws that they have enacted enforced in an efficient, effective and timely manner. Importantly, this change would also streamline the decision-making process by eliminating the unnecessary step of having to submit any and every new bylaw to the Minister of Aboriginal Affairs and Northern Development for approval. Currently, following the submission of new bylaws to the minister, there follows a 40-day period during which the law may be disallowed by the minister.

Bill C-428 would also repeal sections of the Indian Act that, while they remain in the law, are no longer enforced. This is equivalent to what we would call “legal underbrush”, which confuses the real issues facing the Crown and the first nations. We must clear this underbrush away, so that we can see the parts of the Indian Act that are substantively affecting the daily life of first nations. One of these is the removal of restrictions on the sale of produce from reserves. There are several other similar examples of sections of the Indian Act that are no longer enforced and that simply have no place in modern legislation.

Though there have been numerous amendments to the Indian Act over the years, the substance of the statute remains very much in the 19th century and that fact is reflected in the language of the document. The bill would seek to do bring the language and content of the statute into the modern era. Incremental changes such as these would pave the way for future legislation to be developed in collaboration with first nation members that would benefit all Canadians.

Some of the detractors of Bill C-428 have chosen to ridicule this set of changes. That is misguided. As a lawyer, I feel very strongly that it is important to take those steps to remove from the law things that are no longer relevant, or in the case of residential schools, institutions we no longer support. It is a dark chapter in Canada's history and we must move on from that.

By taking concrete steps to amend the language and remove outdated and irrelevant sections of the Indian Act, this bill addresses some of the challenges facing first nations communities in regard to their political, social and economic development.

Bill C-428 would also remove the provisions allowing for the establishment of residential schools.

On June 11, 2008, the Prime Minister of Canada made an impassioned and heartfelt apology to the first nations people of Canada for the treatment of children in residential schools, a sad and shameful chapter in our nation's history. The Prime Minister deservedly received praise, not only for the sentiment of the statement but also for the eloquence with which it was expressed and the sincerity of his remarks. Following this momentous apology, the government also announced its intent to repeal those sections of the Indian Act that allowed for the establishment of Indian residential schools and the removal of children from their homes and communities.

Bill C-428 would do exactly that. It would remove from the Indian Act, once and for all, any mention of residential schools as well as the outdated language dealing with the religion of first nations residents in relation to their schooling. This would ensure that no future government could open a residential school for first nations.

The pain arising from the legacy of residential schools continues to affect constituents in the great Kenora riding and across the country. By removing this antiquated language and all references to residential schools, we can take another collective step on the path toward healing as a nation.

While the horrors of the residential school situation cannot be erased or forgotten, removing the segments of the Indian Act, which still to this day refer to residential schools, can provide a path to better understanding and can reassure our first nations' communities of our commitment to never see this happen again.

The Indian Act has had the effect of robbing children of their goals and ambitions. By nourishing and encouraging the dreams of first nations youth, we help not only these children but our entire community. For generations the Indian Act has allowed the potential of first nations youth to wither. We cannot afford to allow this waste to continue.

The colonial and discriminatory nature of the Indian Act has led to decades of discrimination and cultural division. The residential schools were a vehicle for the social, cultural and spiritual destruction that was embedded in the act. Removing offensive and irrelevant sections from the Indian Act is symbolic and will help residential school survivors on their personal path to healing.

Bill C-428 has as its primary goal the empowerment of first nations people and their governments. I am proud to stand here today in support of the work my colleague from Desnethé—Missinippi—Churchill River is doing in this regard. I thank the residents of the great Kenora riding, particularly our first nations communities, more than 42 in our jurisdiction.

[Francine Raynault, NDP, Joliette, QC]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The House resumed from October 18 consideration of the motion that Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, be read the second time and referred to a committee.

First Nations

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I am pleased to speak today against the motion brought forward by the member for Toronto Centre. This motion is nothing more than an empty promise that contains nothing concrete or deliverable for first nations people. I am convinced that anyone who examines this motion closely will arrive at the same conclusion.

The first part of the motion before the House today states:

That, in the opinion of the House, the Indian Act is the embodiment of failed colonial and paternalistic policies which have denied First Nations their rights, fair share in resources; fostered mistrust and created systemic barriers to the self-determination and success of First Nations....

It is for those exact reasons I introduced Bill C-428, the Indian Act amendment and replacement act. The preamble to my private member's bill acknowledges the following important points:

...the Indian Act is an outdated colonial statute, the application of which results in the people of Canada’s First Nations being subjected to differential treatment;

...the Indian Act does not provide an adequate legislative framework for the development of self-sufficient and prosperous First Nations’ communities;

...the Government of Canada is committed to the development of new legislation to replace the Indian Act that better reflects the modern relationship between it and the people of Canada’s First Nations;

...the Government of Canada is committed to continuing its work in exploring creative options for the development of this new legislation in collaboration with the First Nations organizations that have demonstrated an interest in this work;

The preamble in my private member's bill would more than adequately accomplish what the member for Toronto Centre is trying to say in the first part of his motion, though my bill would go much further to actually take concrete action for first nations people.

The second part of the motion calls on the government to eliminate these barriers by initiating “a formal process of direct engagement with First Nations...on a nation-to-nation basis, which focuses on replacing the Indian Act with new agreements...and that this process be completed within two years before reporting with a series of concrete deliverables for the government to act upon”.

The Liberals had 13 years to begin such a process but they did not get it done. First nations people do not need more talk about failed colonial paternalistic policies. They need concrete actions. First nations should not have to wait another two years before the government starts a process that would enable the first nations to get out of the Indian Act. I believe the time is now to start correcting the injustices that have been done to my people and begin equipping them with the tools to get out from underneath the colonial and paternalistic legislation that is holding my people back from achieving their full potential and becoming full participants in Canada's economy.

I had the pleasure of opening my debate on my private member's bill this past Thursday. The goal of my bill is to: eliminate the minister's role in the administration of estates and the approval and voiding of wills; remove the minister's bylaws disallowance powers and, in doing so, hand over greater control and accountability to first nations; remove outdated and archaic provisions of the Indian Act, such as the requirement for permission to sell produce; repeal all references to residential schools; and, most important, require the Minister of Aboriginal Affairs and Northern Development to report annually to the parliamentary committee on action taken in partnership with first nations and other interested parties to develop new legislation to replace the Indian Act.

Anyone can see that this is not an attempt to completely overhaul the Indian Act. Rather, these amendments would bring about concrete, practical changes that would lead to real results for first nations people and enable them to achieve greater self-sufficiency and prosperity. I also emphasize that this is not an attempt to unilaterally impose changes to the Indian Act on first nations people. Rather, it would provide for greater communication and collaboration in a way that is respectful and modern as we work together toward our shared objective of healthier, more self-sufficient first nations communities.

As members know, a private member of the House of Commons has limited resources to conduct extensive consultation. However, I have made significant efforts to consult with first nations on this bill.

My riding has 23 first nation communities and the second largest first nation population in Canada. I have also spoken to chiefs, tribal councils and grassroots members over the past four and a half years about the importance of moving forward with the scrutiny of the Indian Act. I have served in the House, written all 636 first nation communities on four separate occasions and spoken in a number of public forums on the substance of my bill. I have also encouraged and invited feedback from first nation chiefs, members and other interested parties on the bill, including through my website and direct communication with my constituents.

I am also looking forward to the study of my bill in committee, which will provide yet another venue to hear first-hand from first nations and other interested parties on the content of the bill.

As we can see, I have not arrived at the current set of changes in the bill on my own, but rather through consultation with other first nation members within my own constituency as well as around the country. One important point is that I have revised my bill four times based on feedback that first nations have provided to me. In fact, I am also open to amendments that may come forward through this important dialogue.

It is my hope that one day the changes proposed in my private member's bill will help lead us closer to a more modern, respectful relationship between the federal government and first nations, and will continue—

Indian Act Amendment and Replacement Act

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, it is a privilege for me to rise today to speak in support of this private member's bill brought forward by my friend and colleague from the Conservative Party.

The member who brought this forward is the right person to bring it forward. So far in this debate, he is the only one who has ever lived under the Indian Act. I and my colleagues from the other parties who have spoken do not know the life that is lived under the Indian Act like that member.

In fact, I did not agree with much that my friend from Nanaimo—Cowichan said in her speech today, but one quote she did give, which I fully agree with, was, “A bill wrote by indigenous people for indigenous people is the way to go”. That is exactly what we have happening in the House tonight. We have a bill that has been written by a person who has lived under this act, a bill that would rectify some of the most egregious portions of that act.

My colleague just recently suggested that my friend and colleague who brought the bill forward should be silent. I would suggest it is no longer appropriate for my friend to be silent. He has worked to become elected to the House of Commons. He has overcome the travesty that is this act and overcome past injustices to reach the House. He has every right to bring forward a private member's bill and to be heard in the House. I will defend every member's right to do the same thing, to bring legislation forward to change other legislation. I will continue to advocate for that right for my colleague.

Today we have before us this legislation. At the core of this proposed legislation is the acknowledgement that the Indian Act is holding first nations back from achieving their whole social and economic potential.

Bill C-428 is the Indian Act amendment and replacement act. It proposes a series of amendments to the Indian Act that will lead to healthier, more self-sufficient first nations across the country.

At the same time, the bill recognizes the change that must be made in a systematic and thoughtful manner that provides first nations with the tools and the time that they need to eventually transition completely out of the Indian Act. That is consistent with the government's approach, providing first nations with practical, incremental and real alternatives to the Indian Act.

I quote the Prime Minister's speech at the historical First Nations Gathering last January when he said:

The Indian Act cannot be replaced overnight, but through the use of existing tools and the development of new mechanisms, both parties can create the conditions to enable sustainable and successful First Nations.

The bill proposes concrete action that will provide greater autonomy for first nations, lessen the role of the ministerial involvement in the day-to-day lives of first nation citizens and give back the responsibility for several key areas, such as bylaw-making powers and the administration of wills and estates, to first nations where it rightfully belongs.

As my colleague as so appropriately described, quite simply, the bill proposes to do a number of things. First, it will require the Minister of Aboriginal Affairs and Northern Development to report annually to a parliamentary committee on the action taken in partnership with first nations and other interested parties to develop new legislation to replace the Indian Act. Second, it will remove the minister's role in the administration of wills and estates and the approval in voiding wills. Third, it will remove the minister's bylaw disallowance powers. Fourth, it will remove many of the outdated and archaic provisions of the act. Finally, it will repeal all references to residential schools and the removal of the outdated schools-related provisions.

These changes are consistent with the direction that our government has taken over the last six years. It is focused on bringing forward initiatives that will unlock the economic development potential by removing certain barriers to first nation governance that currently exist under the Indian Act.

Ultimately, this would lead to the development of strong, accountable and prosperous first nation communities, where first nation citizens would have access to the same rights as other Canadians.

The proposed amendment to repeal all provisions relating to residential schools is particularly symbolic and important for first nations people.

On June 11, 2008, the Prime Minister of Canada, in this House, made an impassioned and heartfelt apology to the first nations people of Canada for the treatment of children in residential schools, a sad and shameful chapter of our nation's history. Following this momentous apology, the government also announced its intent to repeal these sections of the Indian Act that allowed for the establishment of Indian residential schools and the removal of children from their homes and communities.

I believe, by removing this antiquated language and references to residential schools, we could take another step further down the path toward healing.

The bill would contribute to the larger effort underway to create these tools and mechanisms.

The government is proud to support this private member's bill. I urge my hon. colleagues from the other side to reconsider their position, to speak to first nations people within their own communities, as I have, as my colleagues have who have heard the devastating stories and the hope they find in this bill.

The government looks forward to studying this bill in committee, hearing from witnesses and always exploring opportunities to improve the bill, as may be required.