Mr. Speaker, I am rising in the House to speak to Bill C-9, which establishes an alternative electoral regime that the first nations can adopt to replace the current regime.
The bill proposes a number of improvements to the current systems, and many first nations said they were satisfied with the proposals when they first appeared before the Senate committee. This was a Senate bill, Bill S-6. In the House of Commons it became Bill C-9.
However, we know this government. Things are not always what they seem. The witnesses also raised a number of concerns about some of the measures in the bill, and most of those concerns are shared by experts.
According to the government, this bill is meant to update the first nations electoral system. However, while almost everyone agrees that the Indian Act is paternalistic and must be replaced, one of the most controversial clauses of Bill C-9 is modelled on it.
The greatest similarity between Bill C-9 and the Indian Act is the fact that the minister is given the authority to subject a first nations community that has its own election code to this new, so-called voluntary, system by order. That led Jody Wilson-Raybould, AFN Regional Chief for British Columbia, to say the following:
...subclauses 3(1)(b) and (c) permit the Minister of Aboriginal Affairs to add the name of a First Nation to the schedule without its consent; this is not appropriate. First Nations are in a period of transition and moving towards increased autonomy and self-government [where] appropriate accountability is to our citizens.
Ultimately, each nation must, and will, take responsibility for its own governance, including elections.
When he presented the bill to the Senate committee, the then minister of aboriginal affairs and northern development wanted to clarify certain myths surrounding Bill S-6. He said that the clause was not problematic because the legislation controlled its use by imposing specific prerequisites. That is a half-truth because subsection 71(1) of the Indian Act states that the minister can use the order whenever he deems it advisable for the good government of a band.
Bill C-9 specifies the circumstances under which he can do so. However, some of them could be seen as rather subjective, especially in the hands of this government. For example:
[when] the Minister is satisfied that a protracted leadership dispute has significantly compromised governance of that First Nation;
[when] the Governor in Council has set aside an election of the Chief and councillors of that First Nation under section 79 of the Indian Act on a report of the Minister that there was corrupt practice in connection with that election.
The main idea behind the bill is that these provisions give the minister the power to impose rules of basic governance on a first nation, rules that the first nation may find illegitimate, which will no doubt add fuel to the fire, considering the current conditions.
According to the Assembly of First Nations, this is not simply a political problem. According to the AFN, if there is one aspect of the inherent right to self-government that we can all agree on, and that must absolutely be constitutionally protected under section 35 of the Constitution Act, it must be the ability of our nations to determine their own method of selecting leadership. Otherwise, section 35 is meaningless.
If the right of first nations to choose their own means of election is protected under section 35 of the Constitution Act, how can we justify the spirit of this legislation, which could quite simply allow the government to legislate unilaterally and to violate this right?
If I recall correctly, I believe that one of the witnesses who appeared before the Senate committee even referred to the fact that this provision could be challenged on the basis that it tramples, without justification, the right of a nation to self-determination. The government is contradicting itself by being so spiteful with this bill while claiming that it wants the first nations to become autonomous. We are still a long way from nation-to-nation dialogue.
I will quote Aboriginal Affairs and Northern Development Canada:
Canada's economic and social well-being benefits from strong, self-sufficient Aboriginal and northern people and communities. Our vision is a future in which First Nations, Inuit, Métis and northern communities are healthy, safe, self-sufficient and prosperous—a Canada where people make their own decisions, manage their own affairs and make strong contributions to the country as a whole.
That quote is from the Department of Aboriginal Affairs and Northern Development's website.
Some aboriginal leaders have said that certain aspects of this bill are problematic. In Canada, a chief can be elected in three different ways. Bill C-9 offers a fourth option.
The three systems we have now are: the Indian Band Election Regulations, elections pursuant to the custom code, and self-government agreements. This bill offers a fourth option.
According to Jody Wilson-Raybould, regional chief of the British Columbia Assembly of First Nations, the fact that the government is not necessarily making a distinction between the first nations that use different systems:
...[could have] an unintended consequence...that could lead to political and perhaps legal problems for a First Nation and Canada...This could mean that a chief and council, by resolution only, could overturn a community-approved custom election code. This raises some flags, and it might be seen as a step back along the governance continuum in empowering community.
In addition, a number of witnesses who appeared before the committee pointed out that the system the department is proposing is too complex. Candice Paul, co-chair of the Atlantic Policy Conference of First Nations Chiefs, had concerns about a number of aspects of the proposed electoral system.
Ms. Paul had questions, for example, about the mandate of band councils elected under the Indian Act. First nations communities are almost constantly in an election campaign, which is detrimental to the stability of band councils and their ability to develop long-term projects. She was concerned about the weakness of the nomination process, which could result in a large number of candidates—sometimes more than 100—running in the same election.
She also questioned the postal ballot system, which may be open to fraud. The process of appeal to the Minister of Aboriginal Affairs and Northern Development is paternalistic and complex, and it sometimes takes too long to come to conclusions and to issue binding decisions. Finally, the lack of specific election offences and associated penalties in the Indian Act leaves the door open to fraud, as well as to other illicit activities, such as buying and selling votes.
However, the harshest and most common criticism is about the lack of consultation with first nations. The chief of the Lac La Ronge Indian Band took exception to the fact that she had only a few days in which to prepare for the hearing that took place in February 2012. When she was asked to appear before the committee, she had never even heard of the bill. The community is concerned, because its elections are going on under its custom code.
However, the chief stated that:
Our First Nation, the Lac La Ronge Indian Band, is signatory to the adhesion of Treaty 6, signed in 1889. We have treaty and inherent rights to First Nations governance.
In its media release, Aboriginal Affairs and Northern Development Canada stated that Bill C-9 was the product of collaboration. However, according to the Lac La Ronge Indian Band, the bill was not examined by their band councils, the Prince Albert Grand Council, or the Federation of Saskatchewan Indian Nations. I am being sarcastic when I suggest that this is one more fine example of true collaboration.
The government claims that it held consultations before it introduced the bill. The government also claims to be helping first nations with the electoral model. However, it is clear now, as it has been in the past, that the Conservative government did not understand the concept of nation to nation negotiation and nation recognition.
First nations have established governance principles. Indeed, some aspects deal with governance in the Indian Act. It is also widely acknowledged that the Indian Act is extremely problematic and that the House should have a real debate on this matter.
This bill does nothing of the sort and, like many other bills—whether they deal with the economy, immigration or other issues—it confers additional rights or discretionary powers on ministers to the detriment of organizations that, in this case, want to self-govern.
In that sense, we can think of no justification for this bill and the new process that the government is proposing. That is why we will oppose Bill C-9.
