I'll go first.
Thank you for having me here today. My name is Noah Augustine, Chief of Metepenagiag Mi'kmaq First Nation in Miramichi, New Brunswick. I'm also the co-chair for the Atlantic Policy Congress of First Nation Chiefs Secretariat along with my colleague here, Chief Lawrence Paul. We're going to break up our time, and I'll take the first part. Just give me a little notice when it's my time.
The Atlantic Policy Congress of First Nation Chiefs has been in existence since 1992 and represents 37 Mi'kmaq, Maliseet, Innu, and Passamaquoddy first nation communities in the Atlantic and Quebec regions. It has a mandate to research, analyze, and develop alternatives to federal policies affecting its member communities.
With respect to our position, our chiefs generally support Bill C-30 in its current form. As you are aware, there has been very limited progress to date in resolving specific claims, and fundamental reform and action are long overdue.
One of the primary objections we have had is Canada's continued involvement in the claims process, which we view as an inherent conflict of interest because Canada alone decides on the validity of claims made against itself. Our chiefs strongly support the creation of a fair and independent tribunal that is empowered to review ministerial decisions and make binding decisions regarding long-standing claims between first nations and the Government of Canada in a timely and cost-effective manner.
Although we feel there are many positive aspects to Bill C-30, there are some outstanding issues we feel must be addressed. We have six primary concerns. I'll outline three of them, and my colleague will address the last three.
The first concern is with regard to commitments made in the political agreement between the AFN and the Government of Canada. It is our understanding that Bill C-30 and the political agreement will work in tandem. Issues that fall outside the scope of the new legislation will be dealt with in the political agreement. We stress the need for adequate and meaningful follow-up by the Government of Canada on the commitments expressed to the AFN in the political agreement—i.e., a clear, workable, timely, and funded process. This includes all issues identified in the political agreements. They are specifically, first, establishing an appropriate and equally fair process for dealing with claims over the $150 million cap; second, creation of an oversight committee; and third, a commitment to joint reform of the federal additions to reserve policy.
We are pleased to hear that the definition of “specific claims” will include reserve creation claims as well, as confirmed in a letter from the Minister of Indian Affairs to the AFN B.C. regional chief dated November 26, 2007.
The second concern is on the appointment of judges to the tribunal. Clause 6 of the bill requires that the tribunal be made up of Superior Court judges who will be chosen from a roster maintained by the federal cabinet. In our view, it is crucial that some members of the tribunal be of first nation descent in order to better reflect the traditional legal systems, cultures, languages, and general and practical knowledge of issues facing first nations in Canada. The requirement in the bill that the members must be Superior Court judges may preclude participation by first nation judges due to the potentially very limited number, if any, on the roster in Canada.
The federal cabinet should have the authority to also consider another pool of first nation people as candidates who have either judicial—i.e., provincial—or adjudicative experience. It is hoped the roster will grow in the future to eventually include first nation Superior Court judges. However, it is our understanding that there are very few, if any, now in Canada.
Related to this, we are pleased to see the political agreement reflect a commitment by the Government of Canada that first nations will have input via the AFN with respect to the selection of individuals recommended to serve on the tribunal.
Our third concern is related to the unfair cap on monetary compensation. The monetary cap on compensation that the tribunal can award for damages should be increased or removed altogether. There could be many claims that are altogether excluded from this process due to the unfair monetary cap. This could lead to lengthy and costly litigation. We understand the vast majority of claims fall below the cap; however, it is unfair and unjustifiable that some first nations will be exempt from and not benefit from this expedited and independent process simply because of the amount claimed for compensation.
Before I pass it on to my colleague here, Chief Paul, I just wanted to add that as chief of Metepenagiag, I've also served as the chief negotiator with respect to our land claims, and recently we resolved two claims we had bundled into one. In that claim we had surrendered 160 acres of land, but in return we had a clause in there that provided us with the option to purchase 300 acres of land.
I just want to stress to this committee the significance of opportunity that is here, if we can speed up this process with the claims, with respect to economic development in first nations communities. In New Brunswick, in conjunction with negotiating a provincial sales tax agreement whereby 95% of all those provincial sales tax dollars come back to the first nation community on any economic activity on first nation lands—and that's why the addition to reserve policy is so important—accessing new lands under our land claims process has served as a crucial economic tool for us. I just wanted to stress to the committee here the significance that we have in terms of the economic development of first nations communities.
Thank you.