Indigenous and Northern Affairs Committee on Oct. 6th, 2009

[Betty Ann Lavallée]

It was shortly after midnight.

[John Duncan, Conservative, Vancouver Island North, BC]

That explains it.

I'd also like to say that in your introduction you were most humble, because you explained how two of the three national leaders here today are women, but what you didn't say is that you are the first woman to lead the Congress of Aboriginal Peoples.

[Betty Ann Lavallée]

Thank you.

[John Duncan, Conservative, Vancouver Island North, BC]

So I think it's a special moment.

You talked about the health status of aboriginal peoples and how you wanted them to have the same level of access to health care as other Canadians. I think that goes without saying from the standpoint of where the government should be going and where we're trying to go. At the same time, in the bigger picture, I think you want the same level of opportunity for all of the people you represent, as other Canadians have, in all areas, and that is the mandate we see in a partnership with CAP.

You talked about education and economic development and the fact that in some jurisdictions up to 25% of our youth in school will be aboriginal. That is something the Canadian consciousness needs to register. It is beginning to register. It is a very significant and important thing, because enrolment in skills training, universities, and colleges has everything to do with economic development as well as education. It's what's good for the country. So I think your focus on that is really important.

I am aware of some very positive things that have been occurring under programs such as ASEP. I have some personal knowledge of how that is changing lives and making things so much better. The early intervention, the child and family stuff, is really important.

Mr. Bagnell talked about friendship centres. I do know how important they are in the communities where they are. I also know that their funding has been frozen for a lot longer than the last decade. It went through your administration as well as ours.

It's a great organization. My question for you is, at the end of your mandate, what would your number one priority be? I'm not sure how long your mandate is. Is it five years?

[Betty Ann Lavallée]

It's three years.

[John Duncan, Conservative, Vancouver Island North, BC]

What would your number one priority be? What would you like to see so very different from today?

[Betty Ann Lavallée]

I would like to see the Indian Act amended, that we turn it into an aboriginal peoples act where all aboriginal people are given the opportunity to play on an even playing field.

[John Duncan, Conservative, Vancouver Island North, BC]

Okay.

I'm assuming that's my time.

[The Chair, Conservative, Bruce Stanton]

That's it for time, Mr. Duncan. Thank you very much.

Now we'll go to Mr. Russell, for four minutes.

[Todd Russell, Liberal, Labrador, NL]

Thank you, Mr. Chair, and good afternoon, National Chief.

Ms. Lavallée, it's good to see you in a different role. We've been colleagues for about eight years around the CAP board of directors, and each of us serves in different capacities now. You're well worth it, and you will do the job proud. Congratulations.

[Betty Ann Lavallée]

Thank you.

[Todd Russell, Liberal, Labrador, NL]

To my colleague Mr. Lemay, when it comes to Métis issues, the court in 2003, in the Powley decision, set out the criteria for the establishment of who could be a Métis--self-identification, community acceptance, and ancestral lineage. It did not have as one of its criteria whether the federal or provincial government recognized one as a Métis for the court's purposes or who could be a rights-bearing person as a Métis. If we had to depend on government all the time for identification or acceptance, we'd be in straitjackets for a fair percentage of our lives.

I want to ask Ms. Lavallée about the issue around section 91(24), the court case, I believe it's the Daniels case. I wonder if one of you could update the committee on where that case is at and if there is some way, shape, or form that the federal government could expedite the process to arrive at a conclusion, to allow the court to make its decision.

[Betty Ann Lavallée]

The Daniels case has been in the system since before I joined the CAP board, which was 13 years ago. The justice department has kept it bogged down in procedural wrangling. Finally, the judge has said, “Enough. Let's get on with it.” My last update on that is that it's supposed to be going to hearings fairly shortly.

[Todd Russell, Liberal, Labrador, NL]

Is there some agreement that both parties, the crown--the federal government--and the plaintiff in this case, could come to arrive at something that's a bit more expedient in terms of a decision, something like a judicial review or a judicial declaration?

[Betty Ann Lavallée]

No, not to my knowledge.

[Todd Russell, Liberal, Labrador, NL]

So when do you anticipate a decision on this particular case?

[Betty Ann Lavallée]

That's what we're waiting for, a date for the case to be heard, presentations.

[Todd Russell, Liberal, Labrador, NL]

Do you feel this will have fundamental importance and significance for the constituency CAP represents?

[Betty Ann Lavallée]

It definitely will, because it is a section 91(24) and it will establish who has responsibility under the Indian Act for Indians and those living off-reserve. I was successful in New Brunswick in winning a 91(24) under labour law, and I've done it twice under human rights acts, so precedence has been set.

[Todd Russell, Liberal, Labrador, NL]

Okay, thank you.

[The Chair, Conservative, Bruce Stanton]

Thank you, Mr. Russell.

Now we're going to go to Mr. Payne for up to four minutes, and then I don't have anyone else on the list. We still have a bit of time, but let's go ahead, Mr. Payne.

[LaVar Payne, Conservative, Medicine Hat, AB]

Thank you, Mr. Chairman. I'm not sure that I will take four minutes.

I apologize for arriving late. I was here, and then I was gone, and now I'm back again.

Congratulations, Chief, on your recent election. I'm sure you will be of great benefit to the group that you're representing.

I really have just one question in terms of the bill that's before the House, the matrimonial property rights act. Do you see any urgency in that bill being processed? I'd like to get your thoughts on that, and those of the people you represent.

[Betty Ann Lavallée]

The Congress of Aboriginal Peoples has always supported the matrimonial property rights, quite simply for the fact that we're in favour of anything that's going to protect women and children, period.

[LaVar Payne, Conservative, Medicine Hat, AB]

Wow, that kind of covers it. Thank you very much.

Thank you, Mr. Chairman.

[The Chair, Conservative, Bruce Stanton]

Thank you, Mr. Payne.

We have a short question. Ms. Crowder.