Mr. Speaker, I rise to address the House on third reading of Bill C-36, the Split Lake Cree First Nation Settlement Agreement Act.
I begin by thanking hon. members on behalf of the Minister of Indian Affairs and Northern Development for supporting the bill at second reading and in committee. I would also like to thank the negotiators and all the people who participated in the negotiations.
This is neither a complex nor a controversial piece of legislation. It has been developed through extensive consultations with all parties that will be affected by it and is supported by them.
Bill C-36 is concise and direct. Despite its brevity it is important. For the Government of Canada the proclamation of Bill C-36 will mean a release from any other further claims by the Split Lake Cree First Nation under the northern flood agreement.
More important, it will mean that we are fulfilling our commitments to this First Nation. It will allow us to begin to build a new partnership with this First Nation, a partnership based on trust, respect and understanding for the people of the Split Lake Cree communities.
Bill C-36 means they can now realize the full benefits of the northern flood settlement agreement. Most elements of the agreement are already being implemented and, as a result, the Split Lake Cree are building a better and more secure future for themselves.
To fully appreciate Bill C-36 we must first acknowledge that the people of the Split Lake, Cross Lake, Nelson House, Norway House and York Factory First Nations in northern Manitoba paid a high price for the northern flood agreement. The flooding of 4,800 hectares of reserve lands by the Churchill River diversion projects of Manitoba Hydro deprived many families and communities of access to their traditional hunting, gathering, harvesting and fishing areas. It occurred with little consideration to the needs or rights of these people.
A quarter of a century later the Government of Canada cannot turn back the clocks. However we can and must respect the commitments that have been made to the First Nations concerned. One way we will do that is by seeking parliamentary approval and royal assent for Bill C-36.
As hon. members are aware, the governments of Canada and Manitoba, as well as Manitoba Hydro, have attempted through the northern flood agreement of 1977 to provide compensation to these nations. In addition to cash compensation the agreement contained provisions for land management, resource development, community infrastructure, navigation and so on. It also provided for the appointment of an arbitrator to deal with the claims arising under the agreement.
Unfortunately the northern flood agreement is vague or silent on many key issues. As a result it has been very difficult to implement. It has led to frustration and excessive costs for the parties involved as it encourages arbitration rather than co-operation.
The two governments and Manitoba Hydro have therefore been pursuing settlement agreements with individual bands based on a common set of principles and objectives.
Bill C-36 arises from such an agreement with the Split Lake Cree First Nation, the first and only band specific settlement agreement negotiated to date. The Split Lake Cree agreement was reached in June 1992. It fulfilled all outstanding obligations of the Government of Canada to the First Nation pursuant to the northern flood agreement.
As I mentioned a moment ago, the agreement is already being implemented with no significant problems. It is providing additional financial compensation to the Split Lake Cree. As well, it is providing for the transfer of certain lands to the First Nation, the creation of two new reserves, and increased socioeconomic opportunities for the Split Lake Cree.
The government made a commitment in the agreement to entrench several of its provisions in legislation. This is what we are endeavouring to achieve with Bill C-36.
Specifically Bill C-36 implements four provisions of the agreement, all of which stand to benefit both the First Nation and the government. First it will remove any administrative responsibility the Department of Indian Affairs and Northern Development might have for moneys paid under the Split Lake agreement. By stipulating that these are not Indian moneys under the Indian Act, this in turn will give the First Nation far greater control over the funds which will be managed on its behalf by a trustee.
Bill C-36 will also ensure that provincial crown lands provided in fee simple title as a result of the settlement agreement will not become special reserves under sections 35 and 36 of the Indian Act.
The First Nation will thus control the use and management of these lands without interference from the government and without the restrictions of the Indian Act. From the government's perspective this clause means the department will not have responsibility for these lands.
Bill C-36 will also address the costly and cumbersome dispute resolution process set out in the northern flood agreement. Individual band members can continue to make certain claims against Manitoba Hydro, but the simplified adjudication process set in the Split Lake Cree settlement agreement will take precedence over the process included in the northern flood agreement.
Finally, Bill C-36 ensures that the Government of Canada can utilize the Manitoba Arbitration Act when matters are in dispute under the northern flood agreement with regard to the Split Lake Cree First Nation. Currently Canada is the only party to the agreement that does not have access to these arbitration mechanisms.
As I indicated a moment ago, five First Nations were affected by the Churchill River diversion projects and are therefore eligible to receive benefits under the northern flood agreement. However Bill C-36 applies to only one of those First Nations, the Split Lake Cree, since it is the only First Nation that has signed a band specific settlement agreement. I am hopeful that negotiations with the remaining First Nations will be successfully concluded in the future.
It is important hon. members understand that Bill C-36 does not give force to the Split Lake Cree Settlement Agreement, as the agreement is already being implemented. It does not place a new burden on the government but simply ensures that we live up to our commitment as set out in the agreement. The passage of Bill C-36 will have a significant impact on the members who make up the Split Lake Cree First Nation.
The goal of the minister responsible for this challenging portfolio is to make a difference in aboriginal and northern communities and to give families and individuals both the hope and the tools for a brighter and better future.
I urge hon. members to join me in pursuing that goal. Bill C-36 is an important element of the legislative agenda of the government for aboriginal people. It deserves the support of the House so that it can be referred to the other chamber at the earliest possible date.