Yukon and Nunavut Regulatory Improvement Act

An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 amends the Yukon Environmental and Socio-economic Assessment Act to provide that the Canadian Environmental Assessment Act, 2012 does not apply in Yukon, to allow for the coordination of reviews of transboundary projects, to establish time limits for environmental assessments and to establish a cost recovery regime. It also amends that Act to provide for binding ministerial policy directions to the Board and the delegation of any of the Minister’s powers, duties and functions to the territorial minister, and allows for a member of the board who is participating in a screening or review to continue to act for that purpose after the expiry of their term or their removal due to a loss of residency in Yukon, until decision documents are issued. In addition, it amends that Act to clarify that a new assessment of a project is not required when an authorization is renewed or amended unless there has been any significant change to the original project.
Part 2 amends the Nunavut Waters and Nunavut Surface Rights Tribunal Act to modify the maximum term of certain licences, to establish time limits with respect to the making of certain decisions, to allow for the making of arrangements relating to security, to establish a cost recovery regime, to modify the offence and penalty regime and to create an administrative monetary penalty scheme.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 8, 2015 Passed That the Bill be now read a third time and do pass.
June 8, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Surface Rights Tribunal Act, because it: ( a) was developed without adequate consultation with Yukon First Nations, as per the government of Canada’s constitutional duty, and without adequate consultation with the people of Yukon, as per the government’s democratic duty; ( b) provides the Minister of Aboriginal Affairs and Northern Development with authority to unilaterally issue binding policy direction on the Yukon Environmental and Socio-economic Assessment Board, which undermines the neutrality of the environmental and socio-economic assessment process; ( c) provides the Minister of Aboriginal Affairs and Northern Development with authority to delegate powers to the territorial minister without the consent of First Nations; ( d) provides broad exemptions for renewals and amendments of projects; and ( e) includes proposed timelines on the assessment process that will affect the thoroughness of environmental and socio-economic assessments and opportunities for First Nation input on major projects. ”.
June 3, 2015 Passed That Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 3, 2015 Failed
June 3, 2015 Passed That, in relation to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
March 11, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.
March 11, 2015 Passed That, in relation to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, not more than one further sitting day 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.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 1:50 p.m.
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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I am pleased to rise in the House to once again defend the interests of my constituents in Drummond, and across Canada, regarding the environment. It is a topic that is very important to me and to them as well.

I am rising to speak to Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

To begin, I would like to say that we will be opposing this bill at every stage, as my NDP colleagues have articulated so well already. This bill is poorly put together, it is biased in terms of consultations and it does not meet the needs of Yukoners. However, it is a very important piece of legislation, and I think Yukoners will keep that in mind during the next election.

Looking carefully at the bill, it is clear that it will dismantle the entire environmental assessment process. I will explain that a bit later. However, it is very concerning, once again. The Conservatives have a bad reputation when it comes to the environment, and unfortunately this is no different. They are systematically dismantling our environmental protections.

As I was saying, the Yukon first nations were not adequately consulted, as my colleague from Gaspésie—Les Îles-de-la-Madeleine clearly explained. There are major gaps in this regard. The people of the Yukon are upset about this bill.

This bill is very troubling because it will allow the Minister of Aboriginal Affairs and Northern Development to give binding policy direction to the Yukon Environmental and Socio-economic Assessment Board.

In other words, we are handing the minister every opportunity to set policy direction for the Yukon Environmental and Socio-economic Assessment Board. We know about all the mishaps that have occurred over the past few years when it comes to environmental assessments and diminished environmental protections. That is not all.

As if that were not enough, this bill will also establish mandatory maximum timelines for the assessments and allow the Minister of Aboriginal Affairs and Northern Development to download his responsibility. What is more, it will be possible to create broad exemptions in terms of enforcement of the law and project renewals. We can just imagine all the flaws in this bill.

Since we are talking about the environment, this week marks the beginning of the UN climate change conference in Lima, Peru. This has come up a lot in the House of Commons, including during question period, because we want to show that the Conservative government is weakening environmental protections. It is definitely not doing its job in this area.

Furthermore, ever since this government came to power, opposition members have no longer been included in Canadian delegations. The Conservatives seem to believe that there is only one vision of Canada—theirs.

Of course, that vision does not represent all Canadians; quite the contrary. As everyone knows, only 40% of Canadians voted for this government. However, because of the imbalance in our democratic system, that equals 55% of members, but we plan to correct that in the next election.

It is also important to understand that we asked the Minister of the Environment to hold some information sessions so that people could better understand this government's position since it withdrew from the Kyoto protocol, but to no avail.

There was an announcement of $300 million—

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 1:55 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. parliamentary secretary is rising on a point of order.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 1:55 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, I was in the House the other day when the NDP was repeatedly encouraging members to stick to the subject at hand. We are on Bill S-6. I know the member only has a few minutes, but perhaps he could stick to the actual bill and not stray into other areas that he may be concerned about.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 1:55 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

I appreciate the intervention by the parliamentary secretary. I note that the hon. member for Drummond is on a topic that may in fact be related to the question at hand. I am sure that in the time provided to him, he will surely get around to how his arguments pertain to the question before the House.

The hon. member for Drummond.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 1:55 p.m.
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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I was in fact talking about the legislation with regard to environmental problems. Unfortunately, the government is considering giving the minister all the power. Indeed, this bill gives the Minister of Aboriginal Affairs and Northern Development certain powers, including the power to establish general standards for environmental assessments and the power to limit them.

Can we trust this government when it comes to the environment? No, because it has made so many cuts that affect the environment. It has laid off 2,000 environmental scientists; it closed 200 scientific research centres; it cancelled 492 environmental impact assessments; it closed oil spill response stations in northern British Columbia; it closed seven out of 11 Fisheries and Oceans Canada libraries; and it has made cuts to research institutes. I could go on and on about this government's abuses.

Bill S-6 continues the trend the Conservative government has established since coming to power. It attacks science and environmental assessments and continues to tear down the basis for environmental protection. That is truly unfortunate. Therefore, we will oppose this bill, which does not have the support of the people of Yukon, aboriginal peoples or Canadians in general.

This bill has shown that this is an issue of concern to many people. I would have liked to quote the testimony of Ruth Massie, the grand chief of the Council of Yukon First Nations, but my time is up. In short, the fact that the Conservatives are again attacking the environment is a problem.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 1:55 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

The hon. member for Drummond will have 12 minutes left when the House resumes debate on this motion.

The House resumed consideration of the motion that Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, be read the second time and referred to a committee.

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December 4th, 2014 / 3:10 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, as always, it is a great honour to rise in the House. Today we are speaking to Senate bill S-6, An act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

It is interesting that the bill is coming before us the week that the Yukon Supreme Court just struck down the efforts by the Yukon government, another right wing government, to ignore consultation, ignore environmental due process, ignore first nations in its push and attack on the Peel valley watershed. The supreme court said that it cannot do that. There is a social licence issue here when we are looking at development issues, and the court has thrown it back.

This is a pattern, and we are going to talk about it in the bill. The government thinks it can get ahead of social licence by just bringing in omnibus legislation, by stripping regulations, by doing things in the back room in order to kick-start mega development projects on which it has failed to do its basic due diligence and consultation, especially with first nations, who have enshrined constitutional rights under section 35. In doing so the government ends up creating a situation like the one we have now.

The government's militant advocacy of the big oil agenda has created a backlash across the country. It is a backlash where people say “You stripped the waters act of 99.999% of the lakes and rivers in our country so that the pipelines could get through without having to worry that there are basic protections in place.” Then it goes into the communities and they are saying “Are you kidding me? You're going to run bitumen through my town when there are no shut off valves on either side of the lakes and rivers?”

I represent probably one of the largest mining regions in Canada, if not in the world. When I talk to the mining companies in my region they get it. They understand the importance of having what we call “treaties on the ground”. We need to have the support of the local communities. Some of the ways to do that is by meeting environmental standards and through first nations consultation. Talk to anyone in the Ontario mining industry today about the possibility of getting a project off the ground, and they will say that without that consultation, it is not going to happen

We see a bill come forward like Bill S-6 that is unilaterally rewriting Yukon's environmental and socio-economic evaluation system. It is ignoring the issues of first nations consultations. It ignores the incredible economic value of the landscape and natural resource beauty in Yukon. This is another attempt to bypass the people of the country and create consensus on what development should look like. I believe it is only going to end up in another failure and impasse, going all the way back to the Mackenzie Valley pipeline days of these mega projects. If they are not done in a balanced manner, they are not going to get done at all.

Having travelled across the country from one end to the other, having done some of it in the back of a cheap little mini van with a band and other times as a sitting politician, I have never seen a section of the country that has taken my heart as much as Yukon. I love St. John's, Newfoundland, and my family roots—

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 3:10 p.m.
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Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

More on Timmins. Shame.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 3:10 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I am not going to let the member throw me off. I have been in Cape Breton. However, everywhere I have gone, my wife asks, “Is it as pretty as home?” I say in response, “It's nice but it's not home”. When I went to Yukon for the first time my wife asked me, “Is it like home?” I said, “Well, this is the one place that might actually move my heart”.

Fortunately, where I live in the incredible Cobalt—Temiskaming region, with the beautiful white pines at Temagami, there are incredible opportunities for canoeing—not that I canoe, by the way. If I cannot see it from a car window I do not go there. However, I encourage everyone else to come. I will stay where I am in northern Ontario. However, there is something magical about Yukon.

I say this in all seriousness, because when I am in Yukon and I go to the hotels and see all the people who fly over from Germany, when they come to Canada, their idea of Canada is about these incredible natural resources. They come to Yukon. They fly in from Japan and from all over the world.

Therefore, when we balance the incredible natural resources, we also have to balance the other interests. We certainly know that in my region, which is a very heavy mining region. It has the deepest base metal mine in the world, the Kidd Mine. It was discovered in 1964. It has pretty much the largest gold mines in operation. Hollinger Mines is just reopening now. My grandfather, Charlie Angus, was killed at Hollinger Mines. It was the largest gold mine in the western world. After a hundred years, it is being reopened. Dome Mine is still running. No matter how rich they are, these are finite resources.

We have to find ways to ensure value added. We have to ensure that when we develop these resources, it comes back. I have to admit that in Ontario, the Conservatives have not been very bright on this. Their idea of the north is that it is some kind of colony: the north gets the money and it goes down south. When a mine shuts down, they tell us in the north, it is too bad, so sad, we were never meant to stay.

However, we can do things better. In Yukon, with the spirit of the people there, the incredible natural resources and their sense of community, they have a right to have an active say in whether development will occur, and whether it will occur in mining, hydro development, in oil and gas, or if the land will be maintained in its natural state. That was the fight about the Peel valley watershed.

Bill S-6 would dismantle the environmental and socio-economic assessment that was developed in the Yukon, by Yukoners, for Yukon. There has been a complete lack of consultation with first nations, which is not surprising for the current government. The Conservatives just do not understand that these are constitutional obligations; they cannot get over it and they cannot get under it.

The Conservative government, with the full assistance of a local Conservative MP and the senator from the Yukon, is forcing a pro-southern-resource agenda down the throats of Yukoners. That is what I heard when I was last in Whitehorse regarding what was happening in the Peel valley. Conservatives see this watershed and they know that there is incredible value in it.

Yukoners do not like that they are being sold down the river for the benefit of companies that are going to be fly-by-nighters, which might be here today but could be gone tomorrow.

There are a number of amendments in the bill that the people of the Yukon we have been talking with have been discussing and certainly the incredible workers of the New Democratic opposition in Yukon as well. The amendments would provide the Minister of Aboriginal Affairs and Northern Development with the authority to provide binding policy direction to the Yukon Environmental and Socio-economic Assessment Board. Yukoners are like northerners, so the idea that a minister in his office gets to decide what they are going to do is just not on.

Here is another one that is just typical of these guys. It would introduce legislated time limits for assessments. Conservatives wonder why their pipelines are going nowhere. Regarding public assessments, now people have to write and apply to be able to be part of the public consultation, and the government gets to decide whether people will be accepted. No wonder the National Energy Board is coming up with big blanks time and again. Using the same strategy they are using with the National Energy Board, the Conservatives want to be able to introduce these legislated time limits for assessments. We have certainly seen in northern Ontario that when they do that and ignore due process, there will be a backlash, because they are not respecting social licence.

It would allow the Minister of Aboriginal Affairs and Northern Development to delegate any or all of the responsibilities to the Yukon government. There are federal responsibilities here because these are federal lands, and also because of the fundamental legal obligations that the federal Crown has to first nations. They cannot delegate those away just because they figure that the local government is going to be more amenable to ignoring their legal and constitutional obligations.

It would create broad exemptions for renewals, amendments, permits, and authorizations. I have seen that with the attempted development of resource projects. In our region in northern Ontario, we have seen that once they get a permit and it becomes a rubberstamp, they can vastly expand an operation and its impacts. They need to be able to go back to the people and say what the impact is.

The people of Yukon have lived there. The newcomers feel as passionately about it as the original people of the land. This is their land. They will always be there. The mining companies are going to come and go. They will change ownership and some of them will make money and go on and become another company or go bankrupt, but the resource they are playing with is the resource of the people of Yukon.

We have seen a number of really strong voices on this issue. I have enormous respect for Yukon NDP leader Liz Hanson and her passion for the people of Yukon. What is sorely missing is a willingness to engage in an open and honest manner. We need a relationship built on dialogue and respect rather than lawsuits and secret negotiations, which again is the fundamental pattern that is undermining development projects across Canada.

Conservatives believe that if they ignore consultation and public processes and do things through backroom regulations, lo and behold there will be all these pipelines and mining projects. I can say, from being on the ground in northern Quebec and northern Ontario, that if there is no social licence, that project is not going ahead, full stop. That is the end of it.

I have an editorial from the Yukon News. The title is, “Environmental assessment reform should be done in the open”. This is from June 13, 2014. It states:

A long list of people deserve raspberries for this needlessly shady behaviour

—that is not parliamentary, but I am just reading it—

for this needlessly shady behaviour. At the top of the naughty list are Senator Daniel Lang and [the] MP [for Yukon] who are supposed to ensure that the interests of Yukoners are represented in Ottawa. Instead, they’ve kept the public out of the loop, other than [the member for Yukon] uttering vague generalities about the forthcoming changes without offering any meaningful specifics. Shame on them.

That is a direct quote from the Yukon News.

We need binding policy direction, and we need it from the federal minister to the Yukon Environmental and Socio-economic Assessment Board. We need to make sure that the Conservatives are not undermining the basic rights of protection and consultation through the devolution process.

The government always brags about consultation but ignores the voices of the people who are mostly directly impacted. We have heard the Council of Yukon First Nations Grand Chief Ruth Massie say there was not adequate consultation and that if there is not adequate consultation before this bill is passed, the council will take legal action.

Once again, we see a government that decides that if it ignores its legal obligations, it somehow just might get away with it. The Yukon supreme court this week said no way, that it is not going to happen, so the Peel planning process has to start again.

There have been numerous pieces of legislation that the government has been warned do not meet the constitutional requirements of this country, but that have been forced through anyway and turned back. This is not how to develop resources in this country.

Before the election in 2004, I had the great honour to work with the Algonquin Nation in the La Verendrye park region of Quebec and up through the Abitibi region. At that time, the communities watched as millions and millions of dollars of development, hydro resources, forestry, and mining left the territories. No one local was ever hired. The only way they ever got attention was through blockades, threats of injunction, and protests.

The people in the community asked what would happen if they could put their resources into negotiating and building a relationship with the forestry companies so they could benefit from their territories and have them recognized as unceded lands. No treaties were ever signed, including for the Algonquin lands in northeastern Ontario. They said that if they put their efforts into consultation and building a relationship, communities and the regional economy might start to develop.

That conversation took place 14 years ago in northern Quebec and northern Ontario in the Algonquin communities I worked in, and in the 14 years since I have seen how dramatic the change has been. The mining companies get it. They will now go to communities and have discussions. It is not always easy. We have a long way to go and a lot of problems to work out, but we are a lot further down the road than we were.

I see northern communities like Timmins, Kirkland Lake, and Black River-Matheson that are dependent on mining resources. They get it that if they are not talking in partnership with the Mushkegowuk Cree, the Wabun Tribal Council, and their Algonquin neighbours, the development will not happen.

I ask my hon. colleagues on the government side why they are ignoring the pattern of the refusal to consult, the undermining of environmental regulations, and the stripping of local authorities and local people of consultation in order to pursue a mining, fracking, or oil agenda that is going to be defeated in the courts, just as it was defeated this the past week in the Yukon supreme court, and just as it has been defeated with Kinder Morgan and Burnaby Mountain. It is the issue of a social licence.

I want to go back to Bill S-6. There are parts of this bill that are largely housekeeping, which can be part of any bill. The fact that it would dismantle the environmental and socio-economic assessment process developed in Yukon for Yukoners is a non-starter for the New Democratic Party. New Democrats are not going to go there, because we are on the side of ensuring sustainable development, development that is long term and based on the principle that we have been given.

We have incredible resources in our country, and these resources have to be treated with the respect they deserve. Instead, we see this kind of gambler's economy.

I was talking with a Yukon MLA about the attitude of the Yukon government and the similarity with the Conservative government on the belief that if it could get the resources as fast as it could and get them out of the ground as fast as possible, and these are finite resources, that somehow everything would be better off and that we should not worry about the economic impact or the environmental impact. That is not a reasonable way to do development.

I would like to point out, as well, that in my region we have the Ring of Fire. It is part of the great region of Timmins—James Bay. It is another incredible resource. The Ring of Fire is sitting there among some of the poorest fourth world communities. There is Webequie on one side, with Marten Falls and Ogoki Post on the other. These communities have been left out of the economic development plans from the beginning.

We have an enormous resource to do it right, but it has to be done in consultation. Nothing will happen in the Ring of Fire without the input of the Matawa people and then down river from them the Mushkegowuk people. Then I go into the non-native communities, and I hear the same message, that they want this thing done right.

Coming from a mining family on both sides and representing mining towns and living in a town where half the men in my community travel around the world working in mining, if we asked them about the Ring of Fire, they would say that if it is not done right, then we should leave it in the ground. If there is no value-added plan, it should be left in the ground. One miner said to me that this was the capital for our children's future. He asked why they would strip the bank account now to make some easy cash.

Instead of moving on in a nation-to-nation relationship on the idea of respect, the government believes that it can just change the regulations and everything will be fine. It might get taken to court. If the government does get taken to court, it will lose.

If we look at the legal precedents in terms of all the decisions about the legal rights of the first nations people in this land, it is an unbroken string of victories. It defines more and more, from Taku River, with the second Haida decision, and the Delgamuukw decision. We have been moving on.

Each of these rulings make it clear, and they are boxing government in more and more. Part of the reason the courts are acting in this way is because of the lack of good faith from the Crown. The honour of the Crown is continually undermining and abusing its fiduciary responsibilities.

I will go back, before I go on to Yukon, to my region and Treaty No. 9. When Treaty No. 9 was signed, it was to share the land. There was a promise of education. At the time of the signing, Ontario was an economic backwater and Toronto was just a little town then.

Treaty No. 9 resources turned Ontario into an international economic powerhouse. It was the hydro, gold, copper, iron and the forestry from Treaty No. 9 that created the Ontario economy, which was the juggernaut of the 20th century.

What did the people who signed the treaty get out of that? They got put on these internal displacement camps. All their economic rights were stripped. It does not say anything in the treaty about having their economic, cultural, religious and education rights stripped, or that they would be made wards of Duncan Campbell Scott who came north to sign the treaty.

There needs to be a day of reckoning on this. The communities I am in say that the reckoning is the respect that we move forward with. We cannot fix the past. None of us can. Knowing what has happened and knowing our obligations, we can move forward.

When I look at a bill that will fail the fundamental test of legal duty to consult, that treats the people of the region as though their voices will be less valued than the voices and interests of southern mining, I am seeing another bill that will be challenged in the courts. Like the Peel Watershed decision in the Yukon court, it is another bill that is eventually going down in defeat, and we will be back at square one.

The only thing that will come from this is bad faith. People I know in the resource industry do not want bad faith. They want peace on the ground. I hear that all the time. They want negotiations. They get the idea that if people in the local regions are not happy, then the project will not move forward.

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December 4th, 2014 / 3:30 p.m.
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Chilliwack—Fraser Canyon B.C.

Conservative

Mark Strahl ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, I noted the member quickly corrected the record when he said that he liked Yukon more than his own riding, and I will give him credit for that.

He said that there was no consultation with the Council of Yukon First Nations. This is demonstrably false. I have a list here of all the meetings that took place. The council received over $98,000 to compensate it for consulting with government on this legislation.

Perhaps the member was not aware of that or perhaps he would like to correct the record and not leave the false impression that consultation did not take place on this bill.

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December 4th, 2014 / 3:30 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I really thank my hon. colleague for that. I definitely would like to correct the record. I am so glad he stood up on this issue.

I will refer back to the testimony of Ruth Massie, Grand Chief, Council of Yukon First Nations. I did refer to her earlier, but the parliamentary secretary might not have heard. She said that in the end:

Canada unilaterally finalized the report and systematically rejected the input from the CYFN...The Council of Yukon First Nations reiterates that the five-year review has not been completed, and three key issues identified by Yukon First Nations remain outstanding....The proposed amendments in front of the Senate today were not discussed in the five-year review process with Canada and the Yukon government.

Consultation is not just about holding a meeting. Consultation is about listening and understanding.

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 3:30 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, the member for Timmins—James Bay understands first nations, works with them, and knows what the word consultation means.

Over 12 people who were invited by the Minister of Aboriginal Affairs came to Ottawa, but they felt it was a waste of time. Ruth Massie said, “We went to actually talk to him, hoping...It didn't matter to him. 'It's too bad about your treaties. This is what we unilaterally have decided to do and that's that”.

Could my colleague explain if consultation is telling them “too bad, so sad”, after having invited them to come all the way here and they put everything aside for this?

Yukon and Nunavut Regulatory Improvement ActGovernment Orders

December 4th, 2014 / 3:30 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I find it shocking that any minister of the Crown in 2014 would say “too bad about your treaties”.

As I said, we have been dealing with one court decision after another and the idea that somehow these fiduciary obligations will be extinguished by just continual underfunding or ignoring. The courts are strengthening those rights. Coming from a resource area, I would think that we would be a lot better off if we negotiated in good faith rather than having to turn to the courts to bring in these decisions.

I would like to also point out the millions of dollars the government spends every year ignoring the courts. When court decisions are made, the government just goes to the wall. This is not just about treaty rights. This goes right down to individual families trying to get service for their sick children. The government will fight them every step of the way.

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December 4th, 2014 / 3:35 p.m.
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Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I want to make a couple of points on what the member commented about.

Being am first nations, I realize what duty to consult is, but it has not been clearly defined by the courts.

One of the things that really upsets me is when a colleague across the floor states a fact that is not correct. I would like to clarify that.

Let me go over Bill C-15, the McKenzie Valley resource management act, which was before the House. The Standing Committee on Aboriginal Affairs and Northern Development travelled to the Northwest Territories to hold public hearings.

The NDP talks about stalling the process. What is the best way for people to be heard? It is for committee members to travel to listen to the constituents in that region, Yukon. Unfortunately, the member across the floor is being hypocritical in that the New Democrats are not letting committee members travel to Yukon to hear what people there have to say. The government wants to hear what is going on, but the NDP is stalling the whole process. When is that party going to wake up and allow members to travel to hear from people across Canada?