Evidence of meeting #24 for Indigenous and Northern Affairs in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-10.
A recording is available from Parliament.
Executive Councillor, Tsawwassen First Nation
It was co-developed. I'm satisfied with the legislation as is.
Chief Councillor, Kitsumkalum Band Council
I'm satisfied with the legislation as is as well.
Liberal
Jaime Battiste Liberal Cape Breton—Canso—Antigonish, NS
Would you like it passed speedily through this committee? “Speedily”—that's a word I created.
Liberal
Jaime Battiste Liberal Cape Breton—Canso—Antigonish, NS
That's a yes.
Okay, there are no more questions from the Liberals. We have our directions.
Conservative
The Vice-Chair Conservative Jamie Schmale
We'll go to Madame Gill. It looks like that was a quick round from the Liberals.
Bloc
Marilène Gill Bloc Côte-Nord—Kawawachikamach—Nitassinan, QC
How much time do I have? It's okay; the witnesses can respond in writing if we run out of time.
I heard several times that departments interpreted things differently, which was problematic. Obviously, the Auditor General can't do anything about that.
What could the commissioner do to ensure that all departments interpret things the same way so that the treaties are respected, of course, and communities save time? I said “communities”, but I'm also talking about departments and ministers.
We don't have much time, so you can answer my question in writing.
Council of Yukon First Nations
I will answer that.
I think having the commissioner would allow for a consistent opportunity across departments to create the dialogue and the relationships.
When new funds are being created, as one of the examples, there's always this provision for “on reserve”. Modern treaties are not on reserve. We need modern treaty language built into all new funding that gets developed. That's one of the challenges that modern treaties consistently have to be lobbied for. If we could have somebody who's actually keeping an eye on that, it would save everybody a lot of time.
Bloc
Marilène Gill Bloc Côte-Nord—Kawawachikamach—Nitassinan, QC
Does anyone else want to answer the question? Like Mr. Battiste, I'll tell you not to rush.
Mary Childs Legal Counsel, Tsawwassen First Nation
May I comment for a minute?
Tsawwassen First Nation, as you've heard, has been going through the treaty review process, which is built into the treaties. All modern treaties have a process for periodic review. Tsawwassen is the first modern treaty nation in British Columbia going through that process, and it's been challenging for everybody because there really are no procedures and standard rules set up for that.
It would be very helpful to have a treaty commissioner looking at those processes and procedures and making recommendations about efficiency and effectiveness. That would pay off for all of the other nations that will, in due course, be going through exactly the same process. I can imagine that it would result in considerable efficiencies for every nation and for the federal government as well.
Bloc
Marilène Gill Bloc Côte-Nord—Kawawachikamach—Nitassinan, QC
I would have liked to continue the discussion, because that doesn't really answer my question. I asked about the commissioner's power to eliminate problems by restricting how various departments can interpret treaties. However, since time is running out, you can send us your answer in writing.
Thank you very much. That's all.
Conservative
The Vice-Chair Conservative Jamie Schmale
That's perfect. Thank you, Madame Gill.
We have a minute or two. I know that, on our side, Mr. Zimmer has a question or two. If it's okay with the committee, do you mind if he gets two minutes?
Bloc
Marilène Gill Bloc Côte-Nord—Kawawachikamach—Nitassinan, QC
Can I save my time for later, Mr. Chair?
Bloc
Conservative
Bloc
Conservative
The Vice-Chair Conservative Jamie Schmale
We get a lot that we're the party with the biggest heart, and I get and understand that, but I appreciate it from the Bloc.
Okay, Mr. Zimmer, you have two minutes.
Conservative
Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC
Thank you, Mr. Chair. It's good to see you there, by the way.
My question is for Valerie of Tsawwassen First Nation.
It appears, and some of our colleagues have said, that this doesn't seem to be the answer to all of the problems out there with treaties and other situations. I look at it as more of a potential bottleneck because everybody would have to wait through this one commissioner's office to maybe get their restitution for some of the problems.
My questions specifically are around the Cowichan decision and the Musqueam agreement. How would you see Bill C-10 and a treaty commissioner as potentially a good thing for that particular situation, which really is affecting all British Columbians today and causing a whole bunch of unrest and uncertainty? How would a treaty commissioner solve that?
That's for Valerie.
Executive Councillor, Tsawwassen First Nation
As I stated earlier, it's a very complex issue, but I'm going to pass this question to my colleague, Mary Childs, to respond to.
Legal Counsel, Tsawwassen First Nation
The answer to this really is that this commissioner's office is not intended to address things that principally affect nations that are not modern treaty nations. It's not intended to address everything. The Musqueam are not a modern treaty nation. The Cowichan are not a modern treaty nation. Those disputes about land and title and aboriginal rights, in fact, show the desirability of trying to settle things through treaties rather than litigation.
To the extent that it might affect those in the future, I would argue that anything that makes modern treaties more effective and more attractive is going to encourage nations to enter into treaties rather than having to resort to litigation to establish their rights.
Conservative
Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC
So, potentially, the treaty commissioner wouldn't have any effect on specifically the Cowichan decision or the Musqueam agreement.
Legal Counsel, Tsawwassen First Nation
No. Those are not questions of treaty interpretation or implementation. Those issues are not part of that litigation.