Bill C-7 (Historical)

First Nations Governance Act

An Act respecting leadership selection, administration and accountability of Indian bands, and to make related amendments to other Acts

Indian Act Amendment and Replacement Act

[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.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I appreciate that. When the member was giving his speech, we allowed him the time and space to deliver it without the heckling and the noise.

I want to point out how serious this is. We have a private member's bill that is attempting to dismantle the Indian Act. I think there is agreement that the Indian Act is an archaic piece of legislation that needs to go, but the question is how it should go. Should it be through a private member's bill? Absolutely not. That does not recognize the nation-to-nation relationship that exists in this country.

There have been two other major attempts that ended in dismal failure, I might point out, and they were government bills, not private members' bills. There have been two major attempts at removing the Indian Act in the past. The first was a white paper authorized by Jean Chrétien in 1969 that sought to assimilate first nations into mainstream Canadian society by scrapping the Indian Act and reserves. We can see from the kinds of legislation that have been tabled in the House in the past that it is no wonder that first nations from coast to coast to coast are nervous about any attempt that does not involve meaningful consultation. People do not know what the end result of this is going to be because they are not involved and not at the table.

Harold Cardinal, another first nations leader, in response to the 1969 white paper, published a red paper titled “Citizens Plus” that outlined in reply:

It is neither possible nor desirable to eliminate the Indian Act. It is essential to review it, but not before the question of treaties is settled. Some sections can be altered, amended, or deleted readily. Other sections need more careful study, because the Indian Act provided for Indian people, the legal framework that is provided in many federal and provincial statutes for other Canadians. Thus the Indian Act is very complicated and cannot simply be burned.

In 2003, the Liberals introduced Bill C-7, the first nations governance act, which was widely panned by first nations who questioned if it was consistent with the rights, needs and priorities of Canadian first nations. Sadly, there was a news release on October 18 that indicates that the government would be supporting Bill C-428. The question then, of course, comes back to the new relationship that was promised at the Crown-first nations gathering back in January and how unilaterally introducing a private member's bill on some serious matters constitutes a new relationship in this country.

If the government were serious about a new relationship, it would go back to reports like that of the Royal Commission on Aboriginal Peoples. A couple of years ago, the Assembly of First Nations issued a report card and, essentially, it almost gave an F across the board for what had been implemented. The royal commission process was a comprehensive one that many people had some faith in, but most of the recommendations have been completely disregarded by various governments since 1996. If it were serious, the government would go back to that, and if it were serious about consultation, it would go back to the UN Declaration on the Rights of Indigenous Peoples and that very important clause about free, prior and informed consent. This bill does nothing to address any of that.

I want to go back to a paper that was published back in 1987 entitled, “Aboriginal People: History of Discriminatory Laws”. This paper states:

It is generally accepted that the often conflicting goals of “civilization,” assimilation, and protection of Indian peoples that have been pursued throughout the history of federal Indian legislation have their origin in (primarily British) colonialism. Throughout the colonial and post-Confederation periods, governments vacillated between two policies. The isolationist policy held that assimilation could be best achieved by isolating Indians on reserves, with Indian agents gradually preparing them for integration with the dominant society. (Alternatively, isolation was viewed by some simply as a protective measure until the Indian people should become extinct). The policy of immediate assimilation, on the other hand, favoured immediate placement of Indians among non-native people and removal of special protective measures and legal status. The isolationist policy has predominated but, as some observers have noted, it has had the unintended result of preserving Indian cultures and providing a means for the Indian people to resist assimilative pressures. Accordingly, Indians have fought to retain their reserves, treaty rights and special legal status as a way of maintaining distinct cultural or national identities.

While Indian people view reserve and treaty rights as a quid pro quo for giving up a good part of their traditional lands, federal and provincial governments have frequently taken the view that the Indians’ refusal to abandon their distinctive cultures, government and identities is a refusal to take up the ways of a more “advanced civilization” and accordingly, a refusal to take up the “responsibilities” of full citizenship. In the result, the history of native policy, particularly Indian policy, in Canada is replete with examples of legal bars to the exercise of fundamental civil, political and cultural rights.

That continues to this day and this bill does nothing to address the problems that first nations across this country are facing, whether it is human rights or the ridiculous number of aboriginal women who are in prison.

One-third of women in federal prison are aboriginal. We had the United Nations Convention on the Rights of the Child, which talks about the dismal failure of aboriginal policy to keep children out of prisons. We have the current government still fighting at the Canadian Human Rights Tribunal on child welfare.

If the Conservatives are serious about a new relationship they will withdraw this bill, go back to the drawing board and work with first nations to fully implement a consultative approach to eliminating the Indian Act.

I want to add that there was a man named Leo Baskatawang, who—

Indian Act

[Brian Pallister, Conservative, Portage—Lisgar, MB]

Mr. Speaker, the argument is specious that somehow putting interim rules into place is in any way, shape or form going to delay action. If we have a desire to take action as a result of the consultations that are under way, we will take it, but I have listened to arguments being made for 20 years that there is a process under way. There was a process with the AJI. RCAP was a very extensive process.

Many of us here were part of Bill C-7 and remember the consultations around that. People have argued for many years and some chiefs always will argue that this is not any of our business. I do not think the arguments that this is somehow going to delay action coming from those sources have any credence whatsoever.

However, the argument that an interim action to provide rules for matrimonial property division until this or a subsequent government decides to take action is very strong, because it is either interim rules or no rules. If members knew the women who have been impacted by the absence of rules as I do, they certainly would support having interim rules as opposed to none.

First Nations Fiscal and Statistical Management Act

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Speaker, it should be noted that we are debating a group of amendments at report stage of Bill C-19, but 54 out of 56 amendments put forward by the NDP have been disallowed and will not have the benefit of debate. We will not have the opportunity to re-craft the bill with language more acceptable to first nations on whose behalf we speak today. We were hoping the minister would stay and listen to our arguments because he did not listen to first nations in crafting this legislation.

I can say categorically that first nations across this country oppose Bill C-19 just as they oppose the rest of the minister's suite of bills, Bill C-7, Bill C-6 and Bill C-19. They viewed it as the reincarnation of the 1969 white paper which is something with which the current Prime Minister is very familiar.

We are debating two amendments to a bill that we in the NDP fundamentally oppose and that is the least crucial point. First nations oppose the bill as well.

I have in my hand a letter dated October 31, 2003 from the national chief of the Assembly of First Nations. He is prepared to admit and concede and put on the record that he too opposes Bill C-19 on behalf of first nations across the country. I will read it because it is important. To hear the minister and the parliamentary secretary tell it, the Assembly of First Nations wants the bill but we and a few first nations are somehow blocking it.

I would like to read from this recent letter from the legitimately elected leadership of first nations. He said simply:

As many of you know, an AFN Special Assembly was held in October at Squamish First Nation.

I was there, as was the member for Saint-Hyacinthe--Bagot. During that meeting, a resolution was put forward concerning the AFN's position on Bill C-6, Bill C-7 and Bill C-19. The resolution which the chief endorsed called for the rejection of Bill C-7, the rejection of Bill C-6, but proposed to support Bill C-19. I quote:

The resolution failed to receive support from the Chiefs.

In other words, the chiefs voted down support for Bill C-19. I want to be perfectly accurate here because this is critically important. The letter continues on:

We must, as an organization, remember that unity is often best measured.... And while we do not support Bill C-6, Bill C-7, and Bill C-19, the AFN's view respects and gives dignity to those First Nations who disagree.

Fair enough. It is as clear as the writing on the page that the Assembly of First Nations oppose it. Therefore it is the height of colonial style arrogance for the Minister of Indian Affairs, in the last days of his being the Minister of Indian Affairs, to shove the bill down the throats of aboriginal people. We have seen this consistent pattern with Bill C-7, Bill C-6 and now with Bill C-19.

Will those members never learn? Will they never listen to first nations people across this country who have said categorically and unanimously that they oppose this suite of legislation? They are offended and insulted by the manner in which it has been rammed down their throats without consultation. They reject it and we in the House of Commons should reject it as well.

I have been denied the right to move 54 significant amendments which were drafted not by me and my researchers, but were drafted by people in the Assembly of First Nations. Leadership in the aboriginal community fed us material. They provided us with changes that they found acceptable. We are not even going to get to debate those amendments.

I regret that this will probably be the last time I will have a chance to share my thoughts with the House on this very flawed bill. In the few minutes that I have, I want to pay tribute to the courageous leaders in first nations communities who have dedicated months and months, actually years now, standing up for their rights and opposing the strategy of the Liberal government.

I have to begin with Chief Roberta Jamieson of the Six Nations of the Grand River. She has tirelessly led a campaign to coerce the government into respecting aboriginal and treaty rights and to bypass this flawed package. Also, the vice-chief for Ontario for the Assembly of First Nations, Charles Fox, representing all of the first nations in Ontario, is vehemently opposed to this bill. The vice-chief for the Assembly of First Nations for Quebec, Ghislain Picard, is vehemently opposed to this legislation and has said so categorically in print and verbally.

The vice-chief of the Assembly of First Nations for Manitoba, Grand Chief Francis Flett, is opposed. The grand chief of the Assembly of Manitoba Chiefs, Dennis Whitebird, is opposed. The grand chief for the Southern Chiefs Organization, Margaret Swan, is opposed. Stewart Phillip, the grand chief of the Union of British Columbia Indian Chiefs is opposed. Stan Beardy from the Nishnawbe Aski nation in northern Ontario is also opposed. Leon Jourdain represents the treaty 3 people in the minister's own riding, the 54 first nations in the minister's own riding. They are unanimously opposed. They do not want it.

What is so difficult to understand? Where do the Liberals get off being so arrogant in thinking that without consultation, without cooperation and without the participation of first nations they are going to fundamentally change the way the first nations are supposed to govern themselves? It is the very antithesis of self-governance to impose government structures on a free, independent and sovereign people. It makes me mad just thinking about it.

I attended the Assembly of First Nations national assembly in October and the Squamish first nation of British Columbia and I saw the debate. There are, legitimately, first nations leaders from British Columbia who support Bill C-19 which is fair enough. However there is nothing stopping them from moving forward with the issues we find in this bill without national legislation because of the 633 first nations, the majority of which are overwhelmingly opposed.

I also would be remiss if I did not mention the courageous battle and the energetic, enthusiastic actions of my colleague, mon frère autochtone, my brother in aboriginal issues, the member for Saint-Hyacinthe—Bagot.

Both of us had the honour of being recognized by the Assembly of First Nations for the positions we have taken on this bill. Both of us were given spiritual names, which is an honour that I will never forget and an honour that I will value all of my life. I could not have been more proud if I had received the Order of Canada when we were brought before the Assembly of First Nations and thanked.

We were told it is a rare thing when non-aboriginal people actually get it for a second, actually understand the issue of sovereignty and self-governance and the inherent rights of a people to be independent and sovereign. My colleague from Saint-Hyacinthe—Bagot has no problem with that concept. I learned that concept more recently perhaps. We were both very honoured and very proud to work hand in hand with the people in the Assembly of First Nations.

I also want to recognize some of the elders, the clan mothers of the Oneida, the Cayuga, the Mohawk and Six Nations who came out night after night to represent the interests of their people. They reminded us that frankly the eurocentric view of the government does not honour and respect tradition, culture and heritage. The clan mothers reminded us that we must think seven generations back and seven generations forward before we introduce this kind of change. My thanks go to them. They have my never-ending respect for the work they have done in their representations.

We should defeat this bill in its entirety. We should go back to the drawing board. We should work with respect and cooperation to craft self-governance legislation, as the emancipation of aboriginal people is the civil rights challenge of our time.

[Inky Mark, Canadian Alliance, Dauphin—Swan River, MB]

Mr. Speaker, it is a pleasure to take part in the debate on Bill C-19.

I wish to thank the member for Perth—Middlesex for his work in the aboriginal affairs committee. Having been a former member of the committee, I do have a few things to say. My riding of Dauphin—Swan River has 13 bands and a significant population base of aboriginal Canadians.

It was mentioned earlier that it is so unfortunate that on a day when we pay tribute to the Prime Minister, his biggest failure in 40 years of public life is on the aboriginal affairs file. I know that he always had good intentions in terms of helping the aboriginal community, but unfortunately, the process is fatally flawed. I could say the same thing about our current minister. I am sure the minister is well intentioned to help people, but the problem is that the system does not work.

Having been a former critic for the PC Party going back almost two years, Bill C-19 was already on the Internet. Members of the committee and members of the aboriginal community did not know anything about it. It is a good example of the flawed communication process. We cannot force or expect people to do things unless they sit down at the table and discuss issues.

Bill C-7 is about governance. The change of governance for the aboriginal community which supposedly was to work toward self-government just did not work out. It was well-intentioned. The topic made sense, but the process was flawed.

The aboriginal community opposed Bill C-7, even though there are many good things in it. It is about setting up governance vehicles and making people accountable.

Unfortunately, unless the stakeholders are there, the people who this bill is going to affect, they are not going to buy into it. No more than if the federal government decided that all of a sudden it would dictate how municipalities should operate. People at the grassroots level would not take it sitting down because they want input.

In fact, that is one of the weaknesses of the government as we have heard in this House. Cooperative federalism in terms of relationships between the provinces and this place can certainly be improved. We know there can be huge improvements in terms of the relationship between the federal government and the aboriginal community. It is a terrible relationship which is so unfortunate. We go from a national chief to a national chief. It is poor planning and in no way does it deal with people.

We spend a great deal of money on this file, over $7 billion, and yet people still live in third world conditions. It just does not make any sense. Aboriginal communities and aboriginal people of this land are living in third world conditions.

In a rich country like this where everyone in the world wants to come to Canada because of the opportunities here, our first nations communities are living in squalor in many places. I have 13 reserves and many of them do not have running water. They have probably 10 to 12 people living in one house. It is just pathetic how the majority of people live.

Unfortunately, because of the lack of accountability, there is no accounting for how the money is spent. Again, I blame the federal government.

The Indian Act seems to have the attitude that father knows best. It is just as the Bloc member said. They are just like modern Indian agents; they decide how the money is spent and to whom they should give the money. I guess the band councils learned from their masters at this level about rampant spending and not having to account to anyone. It is very frustrating. It is frustrating for the people who live on reserves. They do not know what to do.

I have many contacts with the people who are on reservations in my riding. I forward them on to the minister and I am not even sure what happens, even on the issue of third party debt. There are millions and millions of dollars of third party debt incurred by what I say is the federal government but the minister said it is not his debt, that it is the bands' debt. Unfortunately someone gets hurt and it is usually the third party. There is no fairness in this.

The biggest irony is that this country believes in democracy and human rights. We travel all over the world promoting democracy, transparency and accountability. I met with Mr. Roy of the International Centre for Human Rights and Democratic Development which was established in 1988.

We do this yet at home we do not look at what we are doing in our own backyard. One would think that in 2003 as rational people in this place we would try to figure out a solution. After a contribution of 40 years to the country by the Prime Minister, surely it is time to sit down and work this out so that the aboriginal communities, the first nations of our land, have an opportunity to grow and to create wealth like other Canadians. Otherwise we are not going to go anywhere.

We have heard about the self-government initiative. It is not going to happen. It is not going to work as long as the Indian Act is in place. The Indian Act is a millstone around the first people's necks. The only way to have true autonomy and self-sufficiency is to let people manage their own affairs.

We are a country of regions. We are a country of first nations, distinct francophones and distinct anglophones. The strength of the country is that we have many differences and many regions. They can all learn to work together, not only the east, the west and the centre but also the north.

The government has a lot to learn. I will close by saying it is so unfortunate on the day we have been praising the Prime Minister for his contribution to the country that a file in which he has great interest is a total failure.

[Yvan Loubier, Bloc, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, thank you for allowing me to speak to the amendments to Bill C-19 proposed by my colleagues in the New Democratic Party.

I was very disappointed to see that, of all of the proposed amendments, you have only selected two for debate. It seemed to me that while we were examining this bill—and a controversial one it is—we would have been able to revisit the debate on some of the truly problematic elements.

First, as we begin, I would like to point out that, contrary to what the hon. parliamentary secretary said a few moments ago, there is no unanimity on this bill, none at all. There are positive things, but there are so many negative ones. It was the minister's responsibility to convince the first nations that the positive elements could outweigh the negative ones in this bill, or else show some openness to substantive amendments. In fact, there are many problems in this bill. It has missed its mark.

A few weeks ago, I attended the special chiefs assembly, held by the Assembly of First Nations in Vancouver. This bill was the subject of a heated debate. Some of the first nations supported the bill because it might mean an improvement. Others, the vast majority in fact, rejected the bill. The results of the vote were clear. If my memory serves me, 103 first nations chiefs were opposed and 59 were in favour. When there is more opposition to a bill than support for it, it is because the minister did not do his job in several respects.

First, he tried to convince some first nations, the most developed ones, that this bill might have merit. He forgot about the others. He forgot that most of the 638 first nations in Canada are experiencing real problems on a daily basis, problems such as poverty, multiple addictions, the lack of management and development resources, and access to drinking water. These problems are major ones. Young aboriginals are also experiencing social problems.

Ten years ago, when the Liberals talked about improving the status of first nations, something should have been done. However, instead of talking about it, instead of proposing concrete measures, they chose to engage in petty politics, to try to convince some at the expense of others; in short, to divide and conquer. Now, the vast majority of the 638 first nations in Canada do not want this bill to pass.

They do not want it primarily because this bill is part of a trilogy. There was Bill C-6 on specific claims resolution. Then, there was Bill C-7. No one knows what happened to this bill or where it is. I hope it stays lost. Then there was Bill C-19. The minister himself appeared before the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources to tell us that this was a complete package.

When he did present us with Bill C-7, it was the most odious bill possible for the first nations. He claimed to be replacing the odious Indian Act, which has been in place for 130 years. In the end, all that was accomplished was to retain the Indian Act, which treated the first nations like children, while adding on some elements of colonialism. This was not a good start to any demonstration of the virtues of the trilogy.

Then he turned up with Bill C-6. Yesterday, convinced of his inability to sell us on its validity, he imposed it on us. He is imposing upon the first nations the amendments proposed by the Senate on specific claims, which are now subject to a $10 million ceiling, whereas they average out at $18 million, judging from the situation in Saskatchewan in recent years.

He is using time allocation to shove this bill down our throats, once again thwarting the legitimate aspirations and ignoring the legitimate objections of the first nations. Here we are faced with Bill C-19, which is an attempt to push through something that no one will buy.

Why not focus the same amount of energy, courage, perseverance and political savvy on moving real things ahead? In the case of the first nations, this means speeding up negotiations on self-government. Enough of the apartheid mentality, enough of colonialism, let them speed up negotiations on self-government. That is the only way to ensure that the first nations can develop in keeping with what they are, what they want, and what they aspire to. Is that clear enough?

In order for a nation to develop, it must possess one main tool: government. The first nations have been calling for that government for ages. Their entitlement to it is recognized not just nationally but internationally. Even the United Nations have said that the first nations constituted nations. As nations, they therefore have the capacity to determine their own futures, to put in place their own government, to determine their own policies, their own way of doing things in accordance with their culture, their language and their traditions.

There still exists this paternalistic, colonial, condescending reflex. We thought this reflex had disappeared years ago with the elimination of apartheid in South Africa. We thought that was a thing of the past. Here we are with a bill that would still have us control the first nations.

The minister, in his quest to exercise control, is so driven that he forgets some things and says whatever comes to mind. On Tuesday, in response to questions I had asked him, he said, “We appointed the present national chief to the commission that exists today”. They appointed the head of the taxation commission. The minister thinks he has such extraordinary powers that he told us, here in this House, just check Hansard, “The national chief himself was appointed by the government”. He said that Phil Fontaine was appointed by the government. It takes a narrow-minded, power-hungry megalomaniac to think like that.

He is so power-hungry that in Bills C-6, C-7, and C-19, the Minister of Indian Affairs and Northern Development is vested with all the discretionary power. He can appoint the members of commissions or institutions, he can reject or accept first nations specific claims. He can also say to first nations, “You have decided one thing, I will decide another”. He is so self-important he thinks this power is fully and completely his. He says, “I myself appointed the national chief of first nations”. Who does this minister take himself for? He has been in politics for 14 years, and it is time that he left.

This man wreaks havoc. He has become a megalomaniac. Everyone knows that the chief of the first nations is elected by the chiefs of the 638 first nations. He is elected by his peers. Neither the government nor the minister has anything to do with it. He must be really full of himself.

Specific Claims Resolutions Act

[Elsie Wayne, Progressive Conservative, Saint John, NB]

Madam Speaker, the member said that the AFN has opposed the bill. Certainly the AFN has opposed the bill. The Senate also opposed the bill. It is not the type of bill that looks after the interests of our aboriginal people.

Our aboriginal people are saying once again, and they have been saying it for many years, that they have not been treated fairly and equally.

When the member states that the national chief is opposed to Bill C-6, Bill C-7 and Bill C-19, all of them, that tells us that the bill itself is an injustice to the aboriginal people. That is how the aboriginal people feel.

Does the hon. member not think it is about time that we sat around the table and we listened to the recommendations of the aboriginal people? Should we not open our minds to that for a change instead of closing the door on them every time?

For years and years we have been closing the door on the aboriginal people. For once we should open the door and let them speak. Let the aboriginal people have an opportunity to have their say. It is about time.

[Rick Laliberte, Liberal, Churchill River, SK]

Madam Speaker, on October 31 the national chief of the Assembly of First Nations stated that the AFN must and will vigorously oppose the enactment of all three bills, referring to Bill C-6, Bill C-7 and Bill C-19.

In her presentation the hon. member emphasized the relationship of the aboriginal people and the aboriginal nations of this country. I would like to ask her if she would agree with the terminology that Canada is a treaty nation. This nation was created by peace treaties. These peace treaties may have the gift to give world peace, because the world is looking for peace. That gift might be here. It might be embedded in the very treaties on which this nation rests its laurels and its certainties.

We go to bed every night as proud Canadians. However it was the aboriginal nations, through their agreements with the crown after its differences with France and Spain, which engaged by treaty to create a treaty nation based on peace and friendship.

Is the member aware that the national chief stated on October 31 that the AFN must and will vigorously oppose the bill?

[Stan Dromisky, Liberal, Thunder Bay—Atikokan, ON]

Mr. Speaker, there has always been controversy ever since Bill C-7 was introduced, also Bill C-6, Bill C-19 and Bill C-19, which took 10 years of development by the first nations people. They agreed to it and then things changed dramatically.

As far as that party is concerned, there is direction from a leader and the major critic on Indian affairs in misguiding the members of his community. What he is really advocating is that the status quo be maintained with the first nations people organizations. He says that there are--

[Yvan Loubier, Bloc, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, what the hon. member says is all very well, but the least one can say is that his crystal ball is very cloudy.

He has painted a very limited picture of reality. This matter is causing tensions between communities. No conciliation is possible in such an environment. As we speak, the Assembly of First Nations of Quebec and Labrador and the Native Women of Quebec are meeting in a general assembly in Rivière-du-Loup, and they are angry.

They have just sent us a resolution in which they confirm the opposition of the chiefs of the Assembly of First Nations of Quebec and Labrador. They also say in their resolution that they are formally informing the federal government that the first nations of Quebec and Labrador will take all political, legal and administrative measures necessary to ensure that Bill C-6, Bill C-7 and Bill C-19, do not interfere with the autonomy and development of the first nations.

Let us stop talking about conciliation: the ink is not even dry on the resolution from the Assembly of the First Nations of Quebec and Labrador and Native Women, a document we received just moments ago. They are reaffirming their strong opposition to the three bills, especially the government's attitude as demonstrated in Bill C-19.

Specific Claims Resolution Act

[Yvan Loubier, Bloc, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I am pleased to speak to this government motion concerning the proposed amendments to Bill C-6.

First, I want to say that this is a sad day indeed for Parliament. This will be remembered as the day the Minister of Indian Affairs and Northern Development and most of the Liberal members voted on a time allocation motion in relation to Bill C-6 on specific claims, a very important piece of legislation.

It is a betrayal of our history, a willful and offensive repudiation of everything our ancestors agreed to with the first nations. It is a betrayal, because when we signed these long-standing treaties, we thought we would then be negotiating equal to equal, nation to nation.

With this morning's time allocation motion, the government is telling us that the spirit in which the Indian Act was implemented over the last 130 years will continue to prevail. We will continue with our paternalistic approach to impose our wishes on first nations.

Furthermore, despite the Erasmus-Dussault report tabled a few years ago, which gave the first nations and aboriginal children hope for their future, this future is once again becoming a dead-end, as it has been for 130 years with the infamous Indian Act. This betrays not only the spirit, but also the letter of what we had agreed upon for decades.

For several years now, this government has preferred confrontation over conciliation and healing in its relations with the first nations. Oddly enough, when the Prime Minister rose just now in the House, I felt ashamed. When the other ministers did likewise, I was doubly ashamed. When I saw most of the Liberal members vote in favour of time allocation, I was even more ashamed to see people deny history and misrepresent it like that.

For the past two days, the Samson Cree community has performed the drum ceremony in front of Parliament. The drums represent the voice and heart of Mother Earth. She is trying to help parliamentarians understand the significance of this bill.

Unfortunately, Mother Earth and the beating of the Cree drums in front of Parliament did not work their magic on the government. It has shut its eyes and ears to the unanimous calls of first nations and the opposition of all the parties to this bill, with the exception of the ruling party.

The minister claimed this morning that he had the support of the first nations. That is not true. I just came from the Assembly of First Nations meeting in Vancouver, which was unanimous in its opinion. All the chiefs are opposed this bill. Why? Because it betrays what is represented by wampum.

Wampum is a symbol of ancient treaties under which the parties negotiated as equals, nation to nation, where no nation was superior to another, but each side had rights. These rights, including the inherent right to self-government and rights under these ancestral treaties, should be respected.

Despite the fact that the first nations have appealed to the United Nations, and we here have been condemning Canada's treatment of the first nations for many years, our pleas fall on deaf ears in this government. We are dealing with a minister who, after a fifteen year career—I hope this is his last year, because he has wreaked enough havoc—is being hypocritical in presenting this bill and saying he has the first nations' support. This is despicable.

It is especially despicable to see the Prime Minister stand up and vote in favour of the time allocation motion. Yet, in 1993, he said, and this can be found in the red book, that given how slowly the first nations' specific claims are being addressed, an independent commission should be set up, not a commission that is entirely controlled by the government and is both judge and party. He talked about an independent commission with independent judges, who could assess the damages, specific claims and compensation with all the independence required for appropriate legal treatment.

This rings hollow because members of the two main institutions in Bill C-6, the first nations specific claims commission and tribunal, will be appointed by the governor in council, in other words cabinet, on the recommendation of the Minister of Indian Affairs and Northern Development, without input or suggestions from the first nations. It is the minister who will make recommendations to cabinet and who, in keeping with the paternalistic approach of the past, will continue to impose rules through people who are both judge and party.

We are far from the recommendations and numerous reports prepared since 1982 that called for an independent commission. We are also far from the 1993 red book promise of an independent commission, with people appointed by both parties, not just one that is both judge and party, but both the first nations and the government.

So we end up with a structure that is totally at the discretion of the minister. He is the one who will appoint people, so of course there will no biting of the hand that feeds. Obviously, then, the minister and the governor in council will have control over these two major institutions. They is being described as impartial, whereas they are totally partial. If people are appointed, it cannot be assumed that they will be torn between the interests of the first nations or the interests of the government, when it is the government that has appointed them. The first nations have nothing at all to say about these appointments.

It can take several years before specific claims are even made, because once again the decision on when to entertain them is the minister's. He is the one to decide whether they are acceptable or not. This is a mechanism put in place to slow things down, and God knows how slow the processing of specific claims is at present. There are still more than a thousand under consideration. Since the process was inaugurated 30 years ago, 230 specific claims have been settled. At that rate, it will take 150 years to get to the end of the process.

That is just the existing specific claims, not the ones that will be added later. As the first nations begin to inform themselves about their rights, carry out research and call upon the services of experts to find ancestral treaties, we are starting to discover treaties that give more and more rights to the first nations. What the government does not get, and what the Minister of Indian Affairs and Northern Deveopment does not get, because of his usual arrogance and cynicism, is that the first nations are not looking for charity; they are looking for respect of their rights.

They are seek redress for the numerous wrongs of the past, as well as for loss of part of their land, land that belongs to them. As long as the paternalistic and colonial mindset remains, one that appears to be shared by the minister, the parliamentary secretary and all his colleagues, nothing will be accomplished. The first step must be to recognize that there are rights, that there are treaties that confirm those rights, and that justice must be done.

The minister says that the process will be speeded up. How? No additional resources have been allocated to speed up the processing of these specific claims. There are no new resources. How can he say that the process will be speeded up? How can he say that there will finally be harmony between the parties, when he is ignoring the second party, when he is putting in place a system where he will decide, at his discretion, whether a specific claim is acceptable or not?

He will use his discretionary power to appoint the members of the commission and on the tribunals, but not in cooperation with the first nations.

How can he talk about harmony? I think we have to talk about confrontation instead. This minister is the minister of confrontation. All we can hope for is for this man to leave political life as fast as possible, so that someone else can take his place, someone with more competence, understanding and openness of mind. It takes an open mind to recognize that first nations have rights and that these rights must be respected.

It takes a open mind and also intelligence to know that justice must be done fully and not partially. It also takes intelligence to be sensitive to one's environment and to see that all first nations in Canada, without exception, from sea to sea to sea, as the Prime Minister likes to say, are against Bill C-6, as well as against Bill C-7 on governance. All first nations also had the opportunity to express their views on Bill C-19 a month ago. The great majority voted against Bill C-19.

What justification does the minister have, except to advance his personal agenda? This personal agenda is not the future of first nations, or the future of first nations children faced with educational and multiple addiction problems. What matters is not the future of the minister. We could not care less about his future. What matters to us is the future of first nations, and that of first nations children. The future of these children is not very bright. But the minister does not care.

What saddens me this morning it to see that, following the Erasmus-Dussault report, there was great hope. Since the negotiations on self-governance have gathered some speed a few years ago, there has been great hope. But this kind of bulldozer attitude, using time allocation to have a bill that on one wants passed, dashes hopes. That is wrong.

This bill contains not only this extraordinary discretionary power given to the minister but also a totally despicable principle that must be rejected. Since when, in a case that has yet to go before a court, are we already in a position to tell in advance that there is a ceiling on the claims and compensation, on the value of settlements for specific claims?

If that happened to us, if we were in court and a government tried to have legislation passed, whereby any non-aboriginal citizen going to court will be told that, unfortunately, even if he has a $25 million claim, the maximum value is set at $10 million, as provided by the Senate's amendment, I think that we would say that there is has been a miscarriage of justice somewhere. We would not have it.

Before a case is heard, claims are made, and the injury and the value of the granted lands or resources has been assessed, no ceiling can be imposed. Before even hearing a case, one cannot say what it is worth. Unless, of course, the case is settled in advance. I think that, in the mind of the minister and his government, all aboriginal cases are settled in advance. That is not improving their well-being, nor is it doing them justice; this is just controlling the expenditures of the Department of Indian Affairs and Northern Development.

I have some suggestions for the minister. If he wants to limit the expenditures of the Department of Indian Affairs and Northern Development, there is a good way to do that. Every year, for some years now, the present Auditor General and her predecessor said there was shameless waste in this department. The billions of dollars they claim they are spending on first nations go into the pockets of bureaucrats and go to wasteful projects. They go for travel abroad to see how other governments deal with their aboriginal peoples. That is where the money goes. There is a system in this department that operates something like the mafia, where public servants call the shots and do as they please.

You can try to get a breakdown of expenditures in contracts given by the Department of Indian Affairs and Northern Development Canada to communications agencies, for example, or management firms. You can try to find out who profits the most from the Department of Indian Affairs and Northern Development, besides the first nations. You will see it is not easy. In fact, it is impossible.

I tried to obtain the list of financial management firms who had co-management contracts with a number of reserves across Canada. It was impossible to get it. Why? Because things in this department are hidden. Someone is afraid, and rightly so, that the situation will be revealed, and we will see that it is not the first nations, nor their children, who benefit the most from the billions of dollars in the Department of Indian Affairs and Northern Development, but this is the system, the cronyism of this government.

So far, no one has convinced me that this is not true. I have made repeated calls requesting a breakdown of this department's expenditures and a breakdown of people who have contracts with this corrupt department—let us not mince words. Every time I made such a request, it was turned down.

I mentioned the ceiling that the minister had set at $9 million. The Senate, no more intelligently, set it at $10 million. Great work, great principle, Senate. The problem is the same; not a thing has changed. A ceiling should not be imposed before the case is heard.

If we look at the past 30 years and the 230 specific claims that have been settled, mostly in Saskatchewan, we see that the average is $18 million. And that is not direct compensation, what with all the time this takes at the Department of Indian Affairs and Northern Development with the current process, which is not going to change, because there are no supplementary resources. It takes several years before a case like that is settled. The $18 million also includes interest and legal fees, it is not the net amount given to first nations.

Consequently, justice is only partially done. Based on our legal system, this is a constitutional state. Either justice is done or it is not, it cannot be done partially.

Earlier, the minister said that we are the only country in the world to have this type of tribunal for specific claims. I can see why. There is not a civilized or industrialized country in the world, in 2003, that would want to implement a system where rights are denied to the first nations and where justice is done partially instead of fully. I can see why there are no such examples.

For the past several years, the United Nations have singled out Canada for its treatment of the first nations. UN envoys have toured the first nations communities in Canada for several years now, to verify the pitiful state of facilities and things like mildew in houses.

People are ill because the federal government is not doing its job. People are ill because the federal government is not investing sufficient resources to resolve problems related to unhealthy living conditions and unsafe drinking water. We are not talking about Africa, but Canada. Many communities have a problem with their drinking water.

Is it not strange to be dealing with a government in name only? The minister, who is a mere figurehead too, is saying that things will be fixed. At this rate, it will take 150 years to resolve currently pending specific claims. What kind of system is this? What will the outcome be? Hopefully, the minister will not be running in the next election, and we will do our best to see that he does not.

This morning, the minister made statements that were quite unintelligent, to avoid using other words that might cause the Chair to force me to withdraw my remarks, since I sincerely and honestly believe it. The minister said that if the first nations are not satisfied, they can go through the regular courts. Well. There is the Department of Indian Affairs and Northern Development, the minister's discretionary power, the discretionary power of the Minister of Justice, and a whole bunch of lawyers who will fight the first nations to ensure they are cannot resolve their specific claims.

For all these reasons, I am ashamed today to be here in Parliament with my colleagues opposite who voted to impose time allocation on this bill. This bill was unanimously rejected by the first nations, since it will lock us, over the next few decades, into legislation that is strangely reminiscent of the Indian Act. This is legislation harks back to colonial times, which does not make sense. This is 2003, not 1810.

[Bob Nault, Liberal, Kenora—Rainy River, ON]

Mr. Speaker, I cannot predict anyone's future, mine nor the member's. We will see how he makes out when he is up for nomination in his own riding or when he is up for re-election.

However, the objective of what we are proposing today is to put forward modern institutions of governance and the ability of the Government of Canada, through an independent specific claims commission and tribunal, to work with first nations outside of the courts to fast track and bring forward outstanding grievances of the past.

I do not understand this rhetoric from across the floor that somehow this diminishes the respect of aboriginal people. If they choose not to use the tool, that is their right; however, the fact is that we do not have the mechanism now to improve the abilities to work with first nations on resolving these claims. That is why Bill C-6 is so important to the long term resolution of grievances of the past.

What we set out to do in this mandate was very simple. We wanted Parliament to enter into a debate for the first time about the important modern institutions necessary for first nations to be part of our country, not sitting on the sidelines, living in poverty, and waiting for us to find some political will to work with them.

That is what Bill C-7, Bill C-19 and Bill C-6 are all about. And I dare say, later on this week, we will see another piece of legislation that also signals the same need for first nations people.

[John Duncan, Canadian Alliance, Vancouver Island North, BC]

Mr. Speaker, during their administration, the Liberals have invoked time allocation and closure a total of 84 times. The record in the previous administration, the Mulroney administration, was a total of 72 times. Therefore, we are already well past the record setting pace of the Mulroney administration.

The government, in all of its dealings with aboriginal legislation, must be known for an absence of sharp dealings and forthright expression of its constitutional fiduciary obligations to indigenous peoples.

Not only does Bill C-6 fly in the face of virtually all commentary received from aboriginal communities, but it also flies in the face of all of the opposition parties in the House.

The minister made reference to the First Nations Land Management Act. I was here when the act went through this place. We had 14 first nations that were strong proponents of that act.

I ask the minister, where are the first nations that are strong proponents of Bill C-6? They do not exist. Is the government invoking time allocation because of the legacy that this minister hopes to leave behind? In others words, the first nations governance act, Bill C-7, has gone sideways, and these are the final days of the minister's mandate.

[Bob Nault, Liberal, Kenora—Rainy River, ON]

Mr. Speaker, we are not here debating Bill C-7 but I will make a quick comment and that is that Bill C-7 is alive and well and he will have an opportunity to debate that some time soon I am sure.

The reason for that is that no one in their right mind, who knows anything about aboriginal issues, can say that the present Indian Act meets the needs of first nations people. We all know the status quo is not acceptable. We all know first nations people are suffering because Parliament has not acted in modern times to bring forward the kind of institutional changes necessary to improve the opportunities for first nations to be successful.

If the member is having a debate about whether Parliament has the right to move legislation without every first nation leader across the country being in support, then he has a different definition of his role and responsibilities than I do.

I go back to Bill C-6, which is the matter of the debate and on which many members want to ask questions. I will put it to the member again. If the member believes that Bill C-6 is not as good as the present Indian Claims Commission we have before us today he should stand up and say so. My belief is that this legislation is 10 times as good as the process we have now. It will prove to be very effective once it is implemented into law.

Federal-Provincial Fiscal Arrangements Act

[Yvan Loubier, Bloc, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, according to what my colleague is saying, this government is very good at alienating a lot of people and a lot of provincial representatives, economically and otherwise. With the three bills it introduced, Bill C-6, Bill C-7 and Bill C-19, the government is above all alienating the first nations.

Some fifty members from these communities are gathered here to express their opposition to these bills, which do not respect the inherent right to self-government, which do not respect ancestral treaties, and which do not respect them as full-fledged members of nations so recognized by the United Nations.

I have a question for my colleague regarding equalization. Does he not believe that it would be a good idea to settle the fiscal imbalance issue, a move which would really give provincial governments and the Quebec government the resources they need to assume their own responsibilities? If this was done, we could slowly proceed to do away with this equalization program, which has been nothing but trouble since its inception because it is too complex to administer and too complex to improve.