Indigenous and Northern Affairs Committee on April 16th, 2008

[Chief Phil Fontaine]

I'm going to ask Candice Metallic to respond to your question.

[Candice Metallic, Legal Advisor, Assembly of First Nations]

Thank you.

The political agreement has a provision in it for the establishment of a joint liaison committee, where there would be appointments from both the federal government as well as the Assembly of First Nations and the national chief. The purpose of that committee is to oversee the work that's contained in the political agreement, similar to the joint task force, to ensure that there's movement on the very critical issues that are contained in the political agreement. The political agreement contains matters that fall outside the scope of the legislation but are nonetheless very important to ensure that the system responds adequately and appropriately to the legislation.

Once that committee is up and running, it's contemplated that we'll meet at least a couple of times a year to review and assess the work that's being done by the various working groups that have been established under the political agreement.

[Tina Keeper, Liberal, Churchill, MB]

And that political agreement as well is initiated once the bill receives royal assent? Is that a timeframe?

[Candice Metallic]

That is correct. It's contingent on the passage of the bill. But that said, we have initiated some work that is going to be required in any event. There has been some preliminary work that has been undertaken. Officially, yes, it does, it comes into effect once the bill has been passed.

[Tina Keeper, Liberal, Churchill, MB]

As the tribunal gets to set its own processes in terms of how it operates, will there be any relationship between that oversight committee and the tribunal mechanisms?

[Candice Metallic]

There are some preliminary discussions at the moment about the development of the rules for the committee. The legislation itself contains a provision for the establishment of an advisory committee specific to the tribunal. So the joint liaison and oversight committee, as contemplated in the political agreement, will oversee the work in the agreement, which contains a development of rules for the tribunal.

[Tina Keeper, Liberal, Churchill, MB]

Thank you.

[The Chair, Conservative, Barry Devolin]

Thank you.

Mr. Bruinooge, you have four minutes, or less.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Thank you, Mr. Chair. I'll try to be brief.

I definitely appreciate, National Chief, your testimony today. I think it's really galvanized much of the opinion here in relation to the process you entered into with the government and with the bill that was generated. I of course would like to acknowledge the support and work that Professor Schwartz put in. Of course, I am biased; he's from Manitoba, and I have to commend him on that fact.

[Tina Keeper, Liberal, Churchill, MB]

So is the national chief.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

He is too, of course. I know that.

In terms of this bill, it will bring a lot of benefit to Manitoba, and we have a number of first nations communities that are going to see, I think, a lot of benefit come from this.

National Chief, there is support among the parties for this, despite the fact that they like to take shots at the parliamentary secretary on occasion. I believe it will pass. I guess my question to you would be this. In light of the fact that we are in a minority context and this government doesn't necessarily have the opportunity to govern right through till the fixed election date, would it be your suggestion that we act promptly, as this could get set aside and of course die on the order paper should an election occur?

[Chief Phil Fontaine]

Well, let me make the point here. In fact this is also in response to the previous question.

We are as anxious as you are—and when I say “you are”, I'm talking about the committee and Parliament—to have this bill passed. Our hope is that this work will be completed and that the bill will be passed before the May break. We are quite anxious to get this work done.

Just to underline my point, the May break would be a good target date for the passing of this bill.

[The Chair, Conservative, Barry Devolin]

Thank you.

I also notice that Manitoba seems to be very well represented—possibly over-represented, some might suggest, but at the minimum very well represented.

Monsieur Lemay.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

In this case, we are not surely talking about the claims in Quebec, because there are a number. I would like two bills to come into effect quickly: C-30 and especially C-21. I would like that to be the case, but we will have to ask them.

We are going to start clause-by-clause study on April 30. Say that everything goes well and that it is passed before the break in May. Are there any present agreements or negotiations on the establishment of the tribunal?

I had the opportunity to sit on the justice committee which studied Bill C-31 on the appointment of judges. Bill C-30 will be applied by Superior Court judges. Now, I am not sure—and I will choose my words carefully—that they know aboriginal law well enough to apply this bill, assuming that it is passed. And I think that it will be passed quickly.

Is work being done so that judges are prepared for when this bill comes into effect?

[Prof. Bryan Schwartz]

As we understand it, the Interpretation Act permits certain steps to be taken to get people ready for a bill before it becomes operative. That time can be used to make sure the expertise and the guidance is in place. The business of preparing committee rules so the committee operates expeditiously and so takes into account cultural diversity can begin almost immediately. Similarly, the discreet consultations between the federal government and the AFN to make sure the folks who are appointed to the tribunal are suitable could commence quickly. We're hoping some of these discussions will commence almost immediately, and others could commence once royal assent has been given.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Thank you.

[The Chair, Conservative, Barry Devolin]

Thank you.

This concludes our session today with representatives from the AFN.

Committee members, please don't go far, because when we adjourn we're going to suspend for a couple of minutes and then we go back in camera.

I would ask those of you not associated with the committee to clear the room fairly quickly.

National Chief Fontaine and the rest of the delegation, thank you very much.

We stand suspended for a couple of minutes.

[Proceedings continue in camera]