Evidence of meeting #55 for Indigenous and Northern Affairs in the 39th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was process.
A recording is available from Parliament.
Driftpile First Nation
I support the repeal in principle, but that doesn't mean that I accept it.
I have a question for you. Maybe you can help me a little too. When do individual rights supersede our collective rights--aboriginal and treaty rights--for first nations? Under section 35 of the Constitution, those treaty rights are supposed to be protected. Have you looked at the ramifications of how that's going to work itself out?
Conservative
Brian Storseth Conservative Westlock—St. Paul, AB
The point that you bring up is very valid, and it's a point that's been brought up on this side of the table ad nauseam by my colleague Mr. Albrecht time and time again.
You mentioned in your opening statements how in 1977 you were never consulted on this issue, and I agree with you that you weren't. And you also mentioned how you need to have the ability for consultations throughout the process. The other issue that I really got out of you is a financial issue that you feel is going to be brought up. And you also called for an inquiry or an individual panel to be brought up to do this.
I believe it's five years now that you've been chief. Is that correct? Do you recall in 2002-03 the former government consulting when they brought forward their repeal of section 67, and was it adequate consultation at that time from them?
Conservative
Brian Storseth Conservative Westlock—St. Paul, AB
No. Was there any consultation at that time from them at the local level?
Conservative
Driftpile First Nation
I'm aware of it because I take the time to read and go to the Internet and look at stuff.
I'm probably the biggest fan of CPAC in northern Alberta. That's how I update myself, to be familiar with issues at hand. But I can tell you right now that the five first nations of which I'm the grand chief are not familiar with this at all. I let them know at our board meeting last week that I was coming to sit as a witness, and they said, “Well, what's that?”
Conservative
Brian Storseth Conservative Westlock—St. Paul, AB
So you're saying that even though this has been brought forward by the former government, this has never been filtered down to an adequate consultation level at any point in time?
Conservative
Brian Storseth Conservative Westlock—St. Paul, AB
I'm somewhat surprised, because you've always been known in your community as a very progressive, forward-thinking chief and a member of the community.
Conservative
The Chair Conservative Colin Mayes
Excuse me, I have to cut you off because you're over your five minutes.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Thanks, Mr. Chair.
There are a couple of points that I want to make sure were clear on, because there has been a mischaracterization around what this piece of legislation actually is.
First nations across this country already have the right around the charter to file charter complaints. They already have the right to file human rights complaints, as long as they are not in the context of the Indian Act. People need to be reminded that first nations already have human rights. This particular repeal will allow them to file complaints under the Indian Act.
That's just a comment for clarification, because this has been put about.
Actually, they can file human rights complaints on reserve as long as they're not filing a human rights complaint against the Indian Act. They can file human rights complaints under the existing human rights legislation under the current criteria.
The Conservatives today attempted to shut down a process that would allow us to continue to call witnesses, because they have refused to do appropriate consultation prior to the implementation of the legislation, prior to the legislation being passed in the House.
I think a lot of the testimony that we've heard before the committee expresses a lot of concern about legislation that may have unintended consequences. You've mentioned a number of times Bill C-31. There's also a general distrust, and it doesn't matter which government it is. You've rightly pointed out that past governments, whether Liberal or Conservative, have failed to consult appropriately. I also think there's a general level of mistrust in saying, just pass the legislation, we'll give you 36 months and we'll figure out how it works.
We had an example this week at the committee when the minister came before the committee and indicated that he had had conversations with organizations like the Union of B.C. Indian Chiefs and that they had said that this is one of the best governments they have ever worked with on the ground getting things done. Well, in fact, the Union of B.C. Indian Chiefs, in a letter dated May 30, have indicated this: “Please be advised that the Union of B.C. Indian Chiefs finds, at this point in time, Minister Prentice's opinion to be completely inaccurate, greatly exaggerated and premature to say the least.”
In that context of not always—
Conservative
The Chair Conservative Colin Mayes
I'm going to ask that that document be tabled to the rest of the committee.
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Sure, absolutely. It was actually addressed to the chair of the committee.
Conservative
The Chair Conservative Colin Mayes
The chair has just had that pushed in front of my face here, and I don't think it's fair to the chair to—
Conservative
The Chair Conservative Colin Mayes
—be responding to this, a document that I haven't seen prior to the meeting.
Liberal
Anita Neville Liberal Winnipeg South Centre, MB
On a point of order, Mr. Chair, I didn't push it in front of your face. I've sent a note asking you whether you were tabling it or whether I should, and I've just passed that letter up to you.
Conservative
NDP
Jean Crowder NDP Nanaimo—Cowichan, BC
Thank you, Mr. Chair. I'd like to continue with my question.
In this context, and certainly I can speak for myself, I absolutely support the repeal of section 67. But given the long, long years of mistrust around what the impact will be on the communities, why would we want to go ahead and proceed with a bill when we don't understand what the impact will be, what changes need to be put in place, what resources need to be put in place? Why would I support this bill in this current context?
Driftpile First Nation
I guess that not understanding there were ramifications is also where I'm coming from. It's not just passing this bill.
I'm kind of answering his question at the same time.
In 1977, the federal government said that they would engage in consultation prior to the application of the Canadian Human Rights Act to the Indian Act. I did not say that. That was a promise made to the leadership of the day. When I look at not knowing what those ramifications are, then I have to put up my red flag. We haven't even begun to deal with the ramifications of Bill C-31.